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HomeMy WebLinkAbout16 - Zoning Code Update - PA2009-034CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 16 Agenda Item No. October 12. 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department James Campbell, Acting Planning Director (949) 644 -3210, iampbell newportbeachca.gov Gregg Ramirez, Senior Planner (949) 644 -3219, oramirez(aDnewportbeachca.gov SUBJECT: Zoning Code Update — (PA2009 -034) • Code Amendment No. 2009 -001 • Negative Declaration No. 2010 -005 ISSUE The draft Zoning Code Update was prepared to implement the City's Land Use Element and other polices affecting land use and development contained in the 2006 General Plan. The Zoning Code Update has received extensive public input and should be adopted. RECOMMENDATION 1. Adopt Resolution No. - 2010 adopting Negative Declaration No. ND2010- 005. 2. Introduce and pass to second reading October 26, 2010, Ordinance No. 2010- which replaces in its entirety Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. DISCUSSION The Newport Beach General Plan, approved by voters in 2006, reflects the community's vision for Newport Beach and provides policies for realizing the vision. The City's Zoning Code is the primary tool for implementing the overall land use policy embodied within the General Plan. The Zoning Code Update is intended to be consistent with applicable the policies of the General Plan that it implements. Those policies not implemented by the Zoning Code will be implemented in a variety of ways such as other Municipal Code sections, City Council polices or through direct application of the policy itself through the development review process. Zoning Code Update October 12, 2010 Page 2 The Zoning Code Update is a comprehensive re -write of the current code. It is the product of a collective effort by staff and consultants under the guidance and leadership of the General Plan /Local Coastal Program Committee. It includes community input, Planning Commission review and City Council direction. A more complete discussion of the overall process is provided below. Zoning districts in the updated zoning code reflect changes in land use designations that were a result of the 2006 General Plan. New use classifications have been added, definitions have been completely revamped, development standards have been fine - tuned, and administrative procedures have been simplified. The Planning Director will continue to have the primary responsibility for administering the Zoning Code. The Director will be responsible for making interpretations and ministerial determinations of compliance. The role of the Planning Director within the framework of the Zoning Code Update is not modified. The Zoning Administrator (ZA) will have review authority over minor use permits, modification permits and other minor discretionary and administrative applications. The ZA is an experienced staff member appointed by the Planning Director. The role of the ZA is not modified by the Zoning Code Update. The Planning Commission will continue to have review authority over larger projects, conditional use permits, tract maps and variances. The Planning Commission is the reviewing hearing body for appeals of actions of the Planning Director and Zoning Administrator. The Planning Commission will continue to provide the City Council recommendations on legislative actions (e.g. General Plan Amendments and Zoning Ordinance Amendments) and Development Agreements. The City Council will remain the final review authority for General Plan Amendments and Zoning Code Amendments, and will serve as the hearing body for appeals of Planning Commission actions. Summary of Change Staff has prepared a summary of substantive changes included in the Zoning Code Update (Attachment CC 3) and those changes are listed below. However, the update is a comprehensive organizational update, the list below and the attached summary is not intended to be an all- inclusive listing of all the changes. • Mixed -Use Districts consistent with the General Plan — New and Revised • Mariners Mile • Cannery Village • Lido marina Village • Balboa Village • Dover/Westcliff Drive Zoning Code Update October 12, 2010 Page 3 • All Specific Plans, except Santa Ana Heights, have been eliminated and these areas will be regulated with the various zoning districts • The Bluff Overlay District - New o Implements General Plan polices related to bluff development • Measurement of Height- Revised • Maintains base height limits • Replaces mid -point measurement with a requirement that roofs over 24 fee have an minimum slope of 3:12 • Determination of Grade - Revised o Establishes an average grade for most lots • Non - Conforming Structures - Revised o Replaces complicated regulatory scheme by allowing additions equal to 50% of the existing floor area by right over a 10 year period. • Setback Regulations and Exceptions — Revised o Updated to allow a broader range of minor encroachments (e.g. detached bar -b -ques, required pool protection fencing, decorative caps on compliant walls, etc. • Residential Development Standards — Revised • Retain existing the Floor Area Limits • No limit on subterranean basement floor area • Three car garages required for homes that are 4,000 sq. ft. or larger • New Open volume provisions replace existing open space provisions to provide for building modulation • Retain existing design criteria for single family and duplex development • Density Bonus Provisions - New • Implements housing element polices • Consistent with State law • Eating and Drinking Establishments - Revised • Regularity framework revised to categorize restaurants and bars by hours of operation • Establishments of any kind open past 11:00 PM are reviewed for compliance against an additional list of criteria • Modification Permits - Revised o Many deviations (e.g. setback encroachments, additional wall height) are limited to a maximum of 10% of the code standard. • Planned Development Permits - New o Allows for flexibility from base zoning standards o Site must be a minimum of one acre • Site Development Review - Revised c Ensures compliance with the zoning code and General Plan polices including site design criteria • Definitions and Use Descriptions - Revised o All reviewed and revised as necessary in accordance with best planning principals Zoning Code Update October 12, 2010 Page 4 • Districting Maps - Replaced • Setback maps are new and have been updated for clarity and ease of use • No changes to required setbacks • Revised zoning map that clearly indicates allowed density and intensity of development consistent with the General Plan Zoning Code Update Process General Plan /Local Coastal Program Implementation Committee The General Plan /Local Coastal Program Implementation Committee ( "GP /LCP Committee ") was charged by the City Council with guiding the Zoning Code Update. The Committee consisted of three Councilpersons (Daigle, Selich, Webb), three Planning Commissioners (Eaton, Hawkins, Toerge) and an advisory group of local architects and developers. The Committee reviewed three complete draft codes and held over 45 publicly noticed meetings where the code update project and code regulations were discussed. The result is hundreds of revised and new code provisions. Again, noteworthy changes are discussed in the Summary of Change (Attachment CC 3) The draft code has also been thoroughly reviewed by Planning Department staff. Additionally, valuable input was obtained from the City Mangers Office, Code and Water Quality Enforcement, the Building Department, Police Department, and Public Works Department. The City Attorney's office has also assisted planning staff throughout the preparation of the Zoning Code Update. Public Outreach Following the completion of the GP /LCP Committee's review of the draft codes, staff met with several community organizations, held three public outreach meetings and presented the draft zoning code to several City commissions and committees. Staff received valuable feedback during these meetings, especially in relation to the residential development standards. The following is a list of those groups. • Community Groups • Corona Del Mar Residents Association • CNB Restaurant Association • Chamber of Commerce (Government Affairs Committee) • Mariners Mile Business Association • Speak Up Newport • Public Outreach • One meeting focusing on residential standards for Corona del Mar • One meeting focusing on standards for West Newport and the Peninsula • One meeting with owners of property within the new Bluff Overlay district Zoning Code Update October 12, 2010 Page 5 • City Commissions and Committee • Planning Commission • Harbor Commission • Economic Development Committee Airport Land Use Commission (ALUC) Recommendations The draft Zoning Code Update was reviewed by the ALUC for consistency with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport and the AELUP for Heliports as required by State law. At their meeting of August 19, 2010, the ALUC found the draft Zoning Code Update consistent with the AELUP contingent on the inclusion of several changes. The changes clarify when projects, including heliports, are subject to FAA and ALUC review. Additionally the changes re- iterate code and General Plan requirements and polices related to restrictions on residential uses within the 65 dBA noise contour near John Wane Airport, the possible dedication of avigation easements for noise sensitive uses and aircraft over - flight and noise notification for some new parks. Planning staff worked very closely with ALUC staff on the revisions and have included all changes requested within the final draft zoning code recommended for approval. ALUC correspondence reflecting their consistency determination is provided. as Attachment CC 6. Planning Commission Review and Recommendation The Planning Commission held a study session and six public hearings on the draft zoning code. On July 29, 2010, the Planning Commission voted 4 -3 to recommended approval of the draft code and 6 -1 to recommend adoption of the Negative Declaration to the City Council. The Planning Commission included 44 revisions in their recommendation. All of the Commission's recommendations, with the exception of those related to residential development standards, have been included in the final draft zoning code attached to the recommended City Council Ordinance. The Planning Commission resolutions and staff reports are provided as Attachments CC4 and CC5. City Council Study Session — Residential Development Standards On September 14, 2010, the City Council held a Study Session to review the proposed changes to the residential development standards. During the committee meetings, Planning Commission hearings, and public outreach meetings, differences of opinion arose about whether to keep the floor area limit or whether it should be replaced by an "open volume" standard. In addition to limiting the size and bulk of buildings the standards need to be consistent with General Plan design polices that require building articulation and modulation. At the study session, the Council reviewed several options and directed staff include standards that that achieve the following: Retain existing floor are limits (FAL) from the existing zoning code, as recommended by the Planning Commission. 5 Zoning Code Update October 12, 2010 Page 6 • Include the open volume provisions as recommended by the GP /LCP Committee with an adjustment of the minimum required percentage from 50% and 20% to a uniform 15 %. • Include the third story floor area limits as recommended by the GP /LCP Committee except to revise as necessary to ensure the 2.0 FAL can be achieved. • Include the 15 -foot front and rear step -back for third floors and all portions of the structure above 24 feet, as recommended by the GP /LCP Committee. • Exclude the floor area of subterranean basements from the floor area limit (FAL) calculation, as recommended by the GP /LCP Committee. • Eliminate the required front facade open volume standard and 45 degree setback plane, as recommended by the Planning Commission. • Retain design criteria Nos. 1 -5 adopted in 2007 as a safeguard to implement design policies of the Land Use Element and to apply them Citywide. Final Changes Bluff Overly District Change — Irvine Terrace Based on feedback received from property owners and the Irvine Terrace Home Owners Association ( ITHOA), Council Member Selich asked staff to add an additional setback provision to the Irvine Terrace bluff overlay standards. A new provision was added to the Zoning Code Update that maintains a 10 -foot bluff -edge setback for principal structures, including basements that daylight onto the bluff. These standards can be found beginning on page 2 -63 in Part 2 of the draft code. This setback is presently enforced thorough the ITHOA architectural review process, which results in a fairly consistent horizontal line of development. Staff has received an e-mail message from the president of the ITHOA indicating their support of this added provision. Santa Ana Heights Specific Plan Unlike the other Specific Plans, the Santa Ana Heights specific plan has not been incorporated with the various new zoning districts. Staff believes that uniqueness of the Specific Plan and overall regulatory scheme dictates that it remains separate and intact. The Specific Plan will remain within Title 20, and will be located within Part 9 of the code. No changes to existing land use designations, use regulations or development standards were made and the Specific Plan was simply re- numbered. All code references were corrected to reflect the Zoning Code Update codification scheme and administrative procedures were changed to reflect the new procedures within the Zoning Code Update (i.e. use permits by the Planning Director became minor use permits by the Zoning Administrator). i Zoning Code Update October 12, 2010 Page 7 Effective Date of the Code and Proiects in the "Pipeline" An amendment to the zoning code becomes effective 30 days following the second reading of the ordinance. Discretionary projects that were previously approved by the City or projects currently under review and projects already designed and planned to be submitted for review the near term could be impacted by the updated codes if these projects were required to be redesigned to comply with the updated codes. In order to avoid costly delays due to redesigning, staff recommends including provisions within the adopting ordinance to allow projects the following list of project in the pipeline to proceed if found consistent with prior City or Coastal Commission approvals, existing codes and the General Plan. 1. All discretionary applications and Approval in Concept's (AIC's) submitted and deemed complete prior to effective date of the Zoning Code Update. This would allow discretionary applications (e.g. use permits and variances) and AIC's to proceed using the same set of standards that were in -effect when a particular application was deemed complete. Staff has reviewed the case log and believes that most projects could be processed under the provisions of the new code without any detriment to the applicant; however, allowing these projects to proceed under the prior Zoning Code recommended ensuring a smooth transition. None of pending projects could authorize a use inconsistent with the General Plan, so there is no significant detriment to allowing these projects to proceed under the prior Zoning Code. 2. All ministerial (building permits) applications submitted prior to January 1, 2011. This exception would primarily benefit residential projects that are currently in plan check and those that are presently being designed, but not yet submitted. The design and engineering of these projects have been made and redesigning would delay and add significant costs to these projects. Staff believes that allowing these projects to proceed consistent with the current regulatory framework will not be detrimental to the community or to the implementation of the General Plan. 3. Applications for ministerial permits associated with previously approved and unexpired discretionary permits. Technically these projects do not have a vested right to proceed if they have not begun physical construction, but as with the class of projects discussed with the previous item, significant investments have been made and redesigning projects after discretionary approvals would cause unnecessary hardships. 7 Zoning Code Update October 12, 2010 Page 8 4. Projects under construction with a valid building permit. Projects with valid building permits that are under construction have a vested right to proceed and should be allowed to continue without complying with the Zoning Code Update. Environmental Review Based upon an initial study prepared for the Zoning Code Update pursuant to State CEQA Guidelines, the proposed Zoning Code Update is within the scope of activities and impacts identified within the General Plan 2006 Update program EIR with the exception of forest resources and greenhouse gasses. The initial study does not identify any new information of substantial importance of any new significant environmental impact not previously identified in the General Plan 2006 Update program EIR. Additionally, the initial study does not identify any new information of substantial importance to support a conclusion that the Zoning Code Update would substantially increase the severity of impacts previously identified in the General Plan 2006 Update program EIR. The initial study also does not conclude that infeasible mitigation measures or alternatives identified previously in the General Plan 2006 Update program EIR as being feasible. With respect to forest resources, the initial study found that the Zoning Code Update will have no impact to forest resources given that there are no forest resources within the City of Newport Beach. With respect to greenhouse gas emissions, the initial study concluded that there would be a less than significant impact relative to greenhouse gas emissions. A Negative Declaration (ND) is proposed relative to forest resources and greenhouse gas emissions. The ND was completed and circulated for a mandatory 30- day public- review period that began on June 20, 2010, and concluded on July 21, 2010. No comments have been received as of the writing of this staff report. Public Notice Government Code Section 65091 provides that, when the number of property owners to who notice would be required to be mailed is greater than 1,000 (which is the case with a comprehensive Zoning Code update), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the City Council hearing was provided as a 1/8 page display add in the October 2, 2010, Daily Pilot. Notice was also provided on the City's website and to a zoning code update interest list. S Funding Availability Not Applicable Prepared by: Gregg R i ez, Se for Planner Attachments: CC 1 CC 2 CC 3 CC 4 CC 5 CC 6 CC 7 Zoning Code Update October 12, 2010 Page 9 Submitted by: �g es Campbell, Acting Planning Director Resolution adopting the Negative Declaration /IS Ordinance adopting the Zoning Code Update Summary of Change Planning Commission Resolutions Planning Commission Staff Reports ALUC Correspondence Correspondence Received I. E Attachment No. CC 1 Negative Declaration /IS and Resolution g�. 0 h s RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING NEGATIVE DECLARATION NO. ND2010 -005 FOR THE COMPREHENSIVE UPDATE OF THE NEWPORT BEACH ZONING CODE (PA2009 -034) WHEREAS, The Newport Beach City Council adopted Resolution No. 2006 -76 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan ( "General Plan "). WHEREAS, Pursuant to City Charter Section 423 and the Measure S Guidelines, the General Plan Update was considered to be a "major amendment" due to the resulting increases in density, intensity and traffic. Consistent with City Charter Section 423, the General Plan was placed on the ballot for the November 7, 2007, General Election. The electorate approved the increases associated with the General Plan Update. WHEREAS, Chapter 13 of the General Plan contains the City's implementation program to carry out the goals and policies of the General Plan. Implementation Program 2.1 calls for a review and amendment of the City's Zoning Code for consistency with the General Plan. WHEREAS, City staff has prepared a comprehensive amendment of the Zoning Code, which includes new zoning districts, new use classifications, updated and revised definitions, new and amended development standards, upd ated Zoning Maps, and modified administrative procedures ( "Zoning Code Update "). The Zoning Code Update is a complete re -write of the City's current zoning regulations. The Zoning Code Update and the proposed zoning districts and regulations reflect the land use designations and policies established by the Land Use Element included in the General Plan Update. WHEREAS, An Environmental Impact Report (SCH# 2006011119, General Plan 2006 Update) was prepared for the General Plan Update. The General Plan Update Program Environmental Impact Report (EIR) was certified by the City Council on July 25, 2006, as being prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The General Plan Update EIR is a program EIR pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15168. WHEREAS, The City prepared an Initial Study for the Zoning Code Update in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 for the purpose of determining if the potential effects of Zoning Code Update were adequately examined within the General Plan Update Program EIR. WHEREAS, Based upon the Initial Study prepared for the Zoning Code Update and consistent with State CEQA Guidelines and Sections 15168 and 15162 of said guidelines, the proposed Zoning Code Update is within the scope of activities and impacts identified within the General Plan 2006 Update program EIR with the exception of forest resources and greenhouse gasses. The initial study does not identify any new information of substantial importance of any new significant environmental impact not previously identified in the General Plan 2006 Update program EIR. Additionally, the initial study does not identify any new information of substantial importance to support a conclusion that the Zoning Code Update would substantially increase the severity of impacts previously identified in the General Plan 2006 Update program EIR. The initial study also does not conclude that infeasible mitigation measures or alternatives identified previously in the General Plan 2006 Update program EIR as being feasible. WHEREAS, Forest Resources and greenhouse gas emissions were not examined within the General Plan 2006 Update program EIR because these issues were not mandated to be evaluated and these topic areas were added to the CEQA guidelines subsequent to the certification of the General Plan 2006 Update program EIR. These issues were examined within the Initial Study prepared for the Zoning Code Update. With respect to greenhouse gas emissions, the Initial Study concluded that there would be a less than significant impact relative to greenhouse gas emissions. Based upon the Initial Study, the adoption of the Zoning Code Update will have no impact to forest resources given that there are no forest resources within the City of Newport Beach. The City has prepared a draft Negative Declaration in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. WHEREAS, A Notice of Intent to Adopt a Negative Declaration was filed with the County Clerk- Recorder on June 18, 2010. WHEREAS, The draft Negative Declaration was available for a 30 -day comment period that began on June, 21, 2010, and ended on July 20, 2010. WHEREAS, The Planning Commission considered the proposed Zoning Code Update including the Initial Study and Negative Declaration and received public testimony during a series of public hearings held on June 3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July 15, 2010, and July 29, 2010, that were duly noticed as required by California Government Code Section 65091. WHEREAS, On July 29, 2010, The Planning Commission adopted Resolution No. 1814 recommending adoption of Negative Declaration No. ND2010 -005 based upon the analysis contained within the Initial Study and the Commission adopted Resolution No. 1815 recommending adoption of the Zoning Code Update. WHEREAS, The City Council considered the proposed Zoning Code Update including the Initial Study and Negative Declaration prepared for the Zoning Code Update and received public testimony during a series public hearing held on October 12, 2010, that were duly noticed as required by the California Government Code. 19 NOW, THEREFORE, BE IT RESOLVED: SECTION 1. Adoption of Negative Declaration. Based on its review and consideration of the Initial Study and Negative Declaration, all written communications and oral testimony regarding the Project which have been submitted to and received by the City Council, the City Council hereby adopts Negative Declaration No. ND2010 -005 attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 2. Location and Custodian of the Record of Proceedings. The Initial Study and Negative Declaration are attached as Exhibit "A ". The document and all supporting materials, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. SECTION 3. Notice of Determination. The Planning Director is hereby directed to file a notice of determination with the County Clerk of the County of Orange within five working days of this approval. SECTION 4. Certification. Posting and Filing. This resolution shall take effect immediately upon its adoption by the City Council of the City of Newport Beach, and the City Clerk shall certify to the vote adopting this resolution and shall cause a certified copy of this resolution to be filed in the records of the City Clerk. PASSED, APPROVED, AND ADOPTED this 12th day of October 2010. MAYOR Keith D. Curry ATTEST: Leilani Brown, City Clerk 05 EXHIBIT A CITY OF NEWPORT BEACH 3300 Newport Boulevard o = P.O. Box 1768 Newport Beach, CA 92668 -8916 (949) 644 -3200 Negative Declaration To: From: E-1 Office of Planning and Research City of Newport Beach, Planning Department State Clearinghouse 3300 Newport Boulevard P.O. Box 1768 P.O. BOX 3044 Newport Beach, CA 92658 -8915 Sacramento, CA 95812 -3044 County Clerk, County of Orange ® Date: June 21, 2010 Public Services Division Santa Ana, CA 92702 Public Review Period: 30 days - June 21, 2010 to July 20, 2010 Project Name: Zoning Code Update Project Location: Citywide Project Description: Comprehensive revisions to Title 20 of the Newport Beach Municipal Code (Planning and Zoning) and the Zoning Map, in order to bring them into compliance with the Newport Beach General Plan, which was comprehensively updated in July 2006. In accordance with CEQA, this Negative Declaration tiers from the Certified General Plan FIR SCH #2006011119 . Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the City of Newport Beach has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is ❑X attached ❑ on file at the Planning Department. This document will be considered by the decision - maker(s) prior to final action on the proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached. Additional plans, studies and /or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact the undersigned. Gregg Ramirez, Senior Planner Phone: Email: 1 Date: 949 644 -3219 gramirez@newportbeachca-gov June 21, 2010 j INITIAL STUDYMEGATIVE DECLARATION City of Newport Beach Zoning Code Update City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Contacts: Mr. James Campbell 949.644.3210 Mr. Gregg Ramirez 949.644.3219 ��l FOR i PREPARED BY: RBF Consulting 14725 Alton Parkway Irvine, California 92618 Contact: Mr. Glenn Lajoie, AICP Ms. Rita Garcia 949.472.3505 June 18, 2010 JN 10- 105583 4A 1 ` F This page intentionally left blank TABLE OF CONTENTS 1.0 INTRODUCTION 11 1.1 STATUTORY AUTHORITY AND REQUIREMENTS.... ................................................... 1 1.2 PURPOSE ........................................................................................ ..............................3 1.3 TIERING .......................... ............................... ............................... ..............................3 1.4 INCORPORATION BY REFERENCE. ............................................................................ 3 2.0 PROJECT DESCRIPTION ........................................................................ ............................... 5 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING ............. ............................... 5 2.2 PROJECT CHARACTERISTICS ..................................................... ............................... 9 3.0 ENVIRONMENTAL SUMMARY ................................................................ .............................17 3.1 BACKGROUND ............................................................................... .............................17 3.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ......... ............................... 18 3.3 EVALUATION OF ENVIRONMENTAL IMPACTS .......................... ............................... 18 4.0 ENVIRONMENTAL ANALYSIS .... ............................... 4.1 AESTHETICS ............................. ............................... 4.2 AGRICULTURE AND FOREST RESOURCES.......... 4.3 AIR QUALITY ............................. ............................... 4.4 BIOLOGICAL RESOURCES ...... ............................... 4.5 CULTURAL RESOURCES ......... ............................... 4.6 GEOLOGY AND SOILS .............. ............................... 4.7 GREENHOUSE GAS EMISSIONS ............................ 4.8 HAZARDS AND HAZARDOUS MATERIALS .............. 4.9 HYDROLOGY AND WATER QUALITY ...................... 4.10 LAND USE AND PLANNING ....... ............................... 4.11 MINERAL RESOURCES ............. ............................... 4.12 NOISE ......................................... ............................... 4.13 POPULATION AND HOUSING .... ............................... 4.14 PUBLIC SERVICES ..................... ............................... 4.15 RECREATION ............................. ............................... 4.16 TRANSPORTATION/ TRAFFIC .... ............................... 4.17 UTILITIES AND SERVICE SYSTEMS ........................ 4.18 MANDATORY FINDINGS OF SIGNIFICANCE........... 4.19 REFERENCES ............................ ............................... 4.20 REPORT PREPARATION PERSONNEL ................... 5.0 CONSULTANT RECOMMENDATION ...... 6.0 7.0 8.0 LEAD AGENCY DETERMINATION ... ............................... 21 ...... ............................... 21 ...... .I ............................. 25 ...... ............................... 27 11 .............. ............................... 115 .....117 COMMENTS AND RESPONSES .............................. ....................... Included with Final IS /ND MITIGATION MONITORING AND REPORTING PROGRAM........... Included with Final IS /ND .f This page intentionally left blank A �NEW�RT O m t D J �S �94FOa��P 1.0 INTRODUCTION Initial of Newport Beach ning Code Update gative Declaration The City of Newport Beach (City) encompasses approximately 20 square miles located at the western edge of Orange County, California, adjacent to the Pacific Ocean. In order to implement the City's 2006 comprehensive update of its General Plan, and in accordance with State law, the City proposes a complete update of the City of Newport Beach Zoning Code (Zoning Code), as codified in Title 20 of the City of Newport Beach Municipal Code, Planning and Zoning. The Zoning Code is intended to implement many policies of the General Plan, to promote the orderly development of the City, to promote and protect the public health, safety, peace, comfort, and general welfare. The Zoning Code establishes zoning districts, as illustrated on the Zoning Map consistent with the 2006 comprehensive update of its General Plan and provides land use regulations and development standards to implement the General Plan. Following preliminary review of the proposed City of Newport Beach Zoning Code Update (Project), the City has determined that the Project is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). This Initial Study addresses the direct, indirect, and cumulative environmental effects associated with the Project, as proposed. 1.1 STATUTORY AUTHORITY AND REQUIREMENTS In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 - 21177) and pursuant to Section 15063 of Title 14 of the California Code of Regulations (CCR), the City of Newport Beach, acting in the capacity of Lead Agency, is required to undertake the preparation of an Initial Study to determine if the proposed Project would have a significant environmental impact. If, as a result of the Initial Study, the Lead Agency finds that there is evidence that any aspect of the project may cause a significant environmental effect, the Lead Agency shall further find that an Environmental Impact Report (EIR) is warranted to analyze project- related and cumulative environmental impacts. Alternatively, if the Lead Agency finds that there is no evidence that the project, either as proposed or as modified to include the mitigation measures identified in the Initial Study, may cause a significant effect on the environment, the Lead Agency shall find that the proposed project would not have a significant effect on the environment and shall prepare a Negative Declaration for that project. Such determination can be made only if "there is no substantial evidence in light of the whole record before the Lead Agency" that such impacts may occur (Section 21080(c), Public Resources Code). The environmental documentation, which is ultimately selected by the City of Newport Beach in accordance with CEQA, is intended as an informational document undertaken to provide an environmental basis for subsequent discretionary actions upon the project. The resulting documentation is not, however, a policy document and its approval and /or certification neither presupposes nor mandates any actions on the part of those agencies from whom permits and other discretionary approvals would be required. The environmental documentation and supporting analysis is subject to a public review period. During this review, public agency comments on the document relative to environmental issues should be addressed to the City of Newport Beach. Following review of any comments received, the City of Newport Beach will consider these comments as a part of the project's JN 10- 106583 1 Initial Study /Negative Declaration ova City Newport Beach e Zoning Code Update a Initial Study /Negative Declaration environmental review and include them with the Initial Study documentation for consideration by the City of Newport Beach. JN 10. 105583 2 Initial Study/Negative Declaration F aEW'Oa' o � i= u 1.2 PURPOSE City of Newport Beach Zoning Code Update Initial Study /Negative Declaration The purposes of the Initial Study /Environmental Checklist are to: (1) identify environmental impacts; (2) provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or Negative Declaration; (3) enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared; (4) facilitate environmental assessment early in the design of the project; (5) provide documentation of the factual basis for the finding in a Negative Declaration that a project would not have a significant environmental effect; (6) eliminate needless EIRs; (7) determine whether a previously prepared EIR could be used for the project; and (8) assist in the preparation of an EIR, if required, by focusing the EIR on the effects determined to be significant, identifying the effects determined not to be significant, and explaining the reasons for determining that potentially significant effects would not be significant. Section 15063 of the CEQA Guidelines identifies specific disclosure requirements for inclusion in an Initial Study. Pursuant to those requirements, an Initial Study shall include: (1) a description of the project, including the location of the project; (2) an identification of the environmental setting; (3) an identification of environmental effects by use of a checklist, matrix or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries; (4) a discussion of ways to mitigate significant effects identified, if any; (5) an examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls; and (6) the name of the person or persons who prepared or participated in the preparation of the Initial Study. 1.3 TIERING Agencies are encouraged to tier the environmental analyses, which they prepare for separate but related projects including general plans, zoning changes, and development projects. According to CEQA (CEQA Guidelines Section 15152, Tiering) "tiering" refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project. This approach is intended to eliminate repetitive discussions of the same issues and focus the later EIR or negative declaration on the actual issues pertinent to each level of environmental review. 1.4 INCORPORATION BY REFERENCE The references outlined below were utilized during the preparation of the Initial Study. The documents are available for review at the City of Newport Beach Planning Department, located at 3300 Newport Boulevard, Newport Beach, California 92663. City of Newport Beach General Plan (adopted July 25, 2006). The purpose of the City of Newport Beach General Plan (General Plan) is to provide a general, comprehensive, and long -range guide for community decision - making. The Newport Beach General Plan is organized into ten elements. General Plan Elements have been re- organized by thematic topic for clarity and to avoid redundancy. The subjects of the Conservation and Open Space Element have been merged into the Natural Resources Element. The General Plan also includes Parks and Recreation, Historical Resources, Arts and Cultural and Harbor and Bay Elements. Each General Plan element presents an JN 10- 105583 3 Initial Study /Negative Declaration � e�EW PORT o � U� _ c�yroaN�P City of Newport Beach Zoning Code Update Initial Study /Negative Declaration overview of its scope, summary of conditions and planning issues, goals, and policies. Goals and policies of the General Plan are applicable to all lands within the City's jurisdiction. Consistent with state statutes, it also specifies policies for the adopted Sphere of Influence (SOI), encompassing Banning Ranch. City of Newport Beach Environmental Impact Report General Plan 2006 Update (April 21. 2006) SCH No. 2006011119. The City of Newport Beach Environmental Impact Report General Plan 2006 Update (General Plan EIR) reviews the City's and Planning Area's existing conditions, analyzes potential environmental impacts from implementation of the General Plan Update, identifies policies from the proposed General Plan Update that serve to reduce and minimize impacts, and identifies additional mitigation measures, to reduce potentially significant impacts of the General Plan Update. The EIR presents a worst -case scenario based upon the City's and adjacent areas' maximum potential development from 2002 through 2030. The EIR was prepared as a Program EIR (CEQA Guidelines Section 15168, Program EIR), and as such, was intended to serve as the environmental document for a series of actions contemplated by the General Plan, including amending the Zoning Ordinance to bring it into consistency with the General Plan. CEQA provides for using a Program EIR to ensure consideration of cumulative impacts, avoid duplicative reconsideration of basic policy issues, and allow early identification and evaluation of program wide mitigation measures. As discussed above in Section 1.4. Tietino, agencies are encouraged to tier the environmental analyses, which refers to using the analysis of general matters contained in a broader EIR (i.e., General Plan) with later EIRs /negative declarations on narrower projects. The City is using the tiering concept, as permitted under the CEQA Guidelines, and the environmental analysis contained within this document for the Zoning Code Update is being tiered with the General Plan Update EIR. This Zoning Code Update IS /ND is incorporating by reference the environmental analysis from the broader General Plan Update EIR, which provides a description of the environmental setting and environmental impact conclusions. The baseline conditions for analysis are those identified within the General Plan Update EIR. City of Newport Beach Zoning Code (Title 20 of the City of Newport Beach Municipal Code. Planning and Zoning) (adopted March 24. 1997 and as amended from time to time thereafter). The purpose of the Zoning Code is to promote growth in Newport Beach in an orderly manner, while promoting public health, safety, peace, comfort and general welfare. The Zoning Code also establishes zoning districts and regulations for the use of land and development for properties within the City. The Zoning Code has been amended several times since 1997, but has not been comprehensively updated until this time. JIM 10- 106683 Initial Study /Negative Declaration 4- aFWPp� o° City of Newport Beach Zoning Code Update Initial Study/Negative Declaration Cy P <IFOM1N 2.0 PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING PROJECT LOCATION The City of Newport Beach is located in Southern California, within the westernmost portion of Orange County, California; refer to Exhibit 2 -1, Reoional Vicinity Man. Newport Beach is bordered by the cities of Costa Mesa to the northwest, Irvine to the northeast, unincorporated Orange County to the southeast, and by the Pacific Ocean to the west; refer to Exhibit 2 -2, Local Vicinity. ENVIRONMENTAL SETTING Newport Beach has a current population of approximately 86,738 persons'. The Newport Beach planning area contains 26,676 acres, not including streets and roadways, which account for approximately 20 percent (5335 acres) of the gross land acreage. Approximately 42 percent (11,119 acres) of the planning area is water, which includes the Upper and Lower Newport Bay and its channels, and the Pacific Ocean. ' State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark. Sacramento, California, May 2010. JN 10- 105583 5 Initial Study/Negative Declaration w o °a City Newport Beach Zoning Code Update z = Initial Study /Negative Declaration tiv r JN 1 0- 1 055 83 This page intentionally left blank 6 Initial Study /Negative Declaration L 0 Cii N R.2 m]� r d u mm 0 on d Z O > O C p� LNZ 9 r C (6— {q Le E S g 1 H 3 z~� � U O ei 'C o o•' W II z. ao� Z2Q O yQ •cn hmCD Nor a p a � 3 z w —z 0 ti u' o dnm m]� d 9 d 3coo d Z C E3 R •w a ;•u h i l l i g ,I 0�'�H _ b LL y .. -, .J ao uo IC Zw °o (JJ O Ci W O •� O U' 7Z� ¢zR y�j �N �i•1 2 � W F m N � GO d H ?� Z w - Z LL O U N a k W 0 R v O d Z T Y y R �C W M ro N r O Z City of Newport Beach F '119 Zoning Code Update '= Initial Study /Negative Declaration 2.2 PROJECT CHARACTERISTICS The Project involves undertaking comprehensive revisions to Title 20 of the Newport Beach Municipal Code (Planning and Zoning) and the Zoning Map, in order to bring them into compliance with the Newport Beach General Plan, which was comprehensively updated in July 2006. Although adopted in 1997 and amended several times since, the Zoning Code has not been comprehensively updated until this time. The ZCU is not intended to be an Implementation Plan for the City's certified Coastal Land Use Plan (CLUP). However, future development consistent with the ZCU will be reviewed by the Planning Department for consistency with the CLUP (i.e. the policies of the CLUP will be directly applied through the City's permitting process) and Coastal Development Permits (CDP's) will be required for non - exempt activities where the Coastal Commission will be the final arbiter for consistency with the Coastal Act, which the CLUP is intended to implement. The proposed Zoning Code Update (the Project) is available on the City's website: http:// www .newportbeachca.gov /index.aspx ?page =1528. On July 25, 2006, the City adopted an update to the City of Newport Beach General Plan to bring it into conformance with current State law, ensure internal consistency, respond to issues raised by City residents, and outline the specific goals, policies and action programs through 2030. In July 2006, the City Council certified a Final EIR for the General Plan Update, following public review and comment on the Draft EIR. The EIR, which was prepared as a Program EIR, serves as the initial programmatic environmental document for evaluating the need for further environmental analysis of the proposed Zoning Code and Zoning Map update. As discussed above, CEQA also allows a lead agency to tier a negative declaration from a previously prepared EIR; refer to CEQA Guidelines Section 15152. Consistent with the CEQA tiering principles and procedures, in evaluating the potential environmental effects of the Project, the City prepared this Initial Study to determine whether the proposed Project could have any significant impacts that had not been adequately addressed in the General Plan EIR. The Initial Study that follows includes analysis of potential impacts related to forest lands and greenhouse gas emissions, which were not evaluated in the General Plan EIR. Based on the Initial Study and the accompanying analyses that follow, it is concluded that there is no substantial evidence that the Zoning Code Update (the Project) would have significant impacts that have not been adequately addressed in the General Plan EIR or that the Project would have significant impacts related to forest lands or greenhouse gas emissions. This is primarily due to the fact that as an implementing program for the General Plan, the Project does not propose or authorize any specific development projects. The Project is a compilation of land use regulations that will be applied to future development and land use activities. In large respects, the Project only contemplates land uses or development standards that have already been considered and adopted pursuant to the General Plan and evaluated General Plan EIR. Moreover, it is noted that potential impacts from implementation of the proposed Zoning Code Update have already been sufficiently analyzed and either mitigated or avoided as part of the General Plan EIR, or can be avoided or mitigated to less than significant through compliance with the General Plan policies. The proposed Zoning Code revisions are largely based on already adopted and approved General Plan policies. The Project does include several changes to zoning districts as a result of the review of land use changes within the General Plan by the California Coastal Commission (CCC)2. The Coastal Commission rejected the proposed 2 The CCC reviewed General Plan land use designation changes within the Coastal Zone through their review of an amendment to the corresponding Coastal Land Use Plan (NPB- MAJ- 0 -07). The Coastal Commission's review and certification of the City's Coastal Land Use Plan are part of a certified regulatory program and are exempt from CEQA pursuant of CCR § 15251. JN 10- 105583 9 Initial Study /Negative Declaration �ta6WPoRT of U� yG /FO RN`' City of Newport Beach Zoning Code Update Initial Study /Negative Declaration land use designation changes for 11 small geographic areas within the coastal zone primarily on the Balboa Peninsula. As a result, the City is in the process of amending the General Plan land use designations for these areas consistent with the CCC's directive, which will eliminate the any potential impacts associated with these land use changes since the result will be no change from the existing use or the prior General Plan designation'. Therefore, the Project would not result in increased density, increased population potential, or major infrastructure upgrades that were not included in the General Plan or evaluated in the General Plan EIR or is exempt from CEQA pursuant to CCR § 15251 and § 15265. Accordingly, the City has prepared a Negative Declaration for the proposed Zoning Code Update. In accordance with CEQA, this Negative Declaration tiers from the General Plan EIR. To summarize, the Zoning Code and Zoning Map Update Project is intended to: • Carry out the policies of the City of Newport Beach General Plan by classifying and regulating the uses of land and structures within the City, consistent with the General Plan. • Ensure that all provisions of the Zoning Code are consistent with the General Plan and that any development, land use, subdivision, specific plan, or community plan approved in compliance with the regulations of the Zoning Code are also consistent with those documents. • Establish the City's land use regulations, minimum property development standards, and procedures and requirements for filing, reviewing, processing, approving, and implementing development applications. Additionally, the Zoning Code is intended to establish land use and development standards for the preparation and adoption of specific plans and planned community plans. • Describe the: - Authority for the City to regulate uses of land and related development activity in the City; Zoning district provisions, including identification of the individual zoning categories (e.g., residential, commercial, industrial, mixed -use, special purpose, and overlay zones), and allowable land use activities, consistent with the land use designations of the General Plan; The proposed Zoning Code generally contains the following: • Zoning districts in order to implement the uses of land established by the General Plan. The districts are identified on the Zoning Map and the various zones correspond to the General Plan Land Use Plan maps and land use categories. Allowed land uses within specific zoning districts and performance criteria for the operation of those uses. ' The City's pending action to amend the General Plan to make it consistent with the Coastal Commission's certification of the Coastal Land Use Plan is exempt from CEQA CCR § 15265 JN 10- 105583 10 Initial Study /Negative Declaration REV coR� City of Newport Beach Zoning Code Update Initial Study /Negative Declaration C P 9 < /FOPM Individual zoning district development standards (e.g., minimum lot dimensions, density (dwelling per acre) or intensity (floor area ratio) limits, minimum setbacks, lot coverage limits, floor area limits, structure height, open space, fencing, landscaping, lighting, parking and signs among others). The density of residential use and intensity of non- residential use allowed within the various zones are no greater than allowed by the Land Use Element of the General Plan. • General development standards that apply to most projects throughout the City (e.g., parking, landscaping, signs, affordable housing provisions, transfer of development rights, etc.); • Land use specific development standards for identified uses allowed within the various zoning districts (e.g., accessory structures, child day care, eating and drinking establishments, etc.); Permits and entitlements processes necessary to secure City authorization to implement development projects; and • Administrative procedures for the filing, review, noticing, and conducting of public hearings, appeals of City actions, and the amendment of the Zoning Code. The Zoning Code includes various noteworthy revisions to existing standards and new or added provisions. Since the Zoning Code Update is a comprehensive re -write and organizational update, the following overview is not intended to be an all- inclusive listing of all the revisions or changes. Following is an overview of the proposed noteworthy revisions: Zoning Districts • Residential: The names of the various residential zoning districts would be altered (i.e., new residential districts introduced), although, the boundaries and use of existing residentially -zoned properties would remain unchanged. • Commercial: The existing commercial zoning districts (RSC, RMC and APF) would be diversified (i.e., new commercial districts introduced). • Industrial: The existing industrial zoning districts (M -1, M -1 -A and IBP) would be condensed into the IG (Industrial Zoning District) due to the contraction of industrially designated land. • Institutional: The existing institutional zoning district (GEIF) would be divided into two new districts (PF (Public Facilities) and PI (Private Institutional)), in order to differentiate between public and private institutions. • Open Space: The existing open space zoning districts (OS -A and OS -P) would be altered to create the PR (Parks and Recreation) for active areas and the OS (Open Space) zone primarily for resource protection. • Mixed -Use: Pursuant to the General Plan's mixed -use land use designations, the MU -V (Mixed -Use Vertical) zoning district would be applied to areas where residential units are presently allowed above a commercial use (would replicate existing standards). The MU -MM (Mixed -Use Mariner's Mile), MU -DW (Mixed -Use Dover/Westcliff) and MU- JN 10- 105583 11 Initial Study /Negative Declaration o4�EWPOR> City of Newport Beach m Zoning Code Update Initial Study /Negative Declaration Cy <IFOM1N`' CV /15th St (Mixed -Use Cannery Village and 15th Street) zoning districts would be new, consistent with General Plan provisions. The MU -W1 and MU -W2 (Mixed -Use Water) zoning districts would address mixed -use development for locations on Newport Bay and on Marine Avenue. Specific Plans • Except the Santa Ana Heights Specific Plan that would will remain unchanged (although possibly adopted separately from Title 20 by ordinance), the five existing specific plan districts (Newport Shores, Mariner's Mile, Cannery Village /McFadden Square, Central Balboa, and Old Newport Boulevard) would be eliminated and replaced with the various zones identified above, pursuant to the General Plan. Overlay Zoning Districts • The number and type of "overlay" districts would be reduced, as a result of the expanded zoning districts. The "B" Overlay would be eliminated and its provisions incorporated within the new residential zones. • The "R" or Residential overlay, and the "MM" or Mariner's Mile overlay would be eliminated with their provisions replaced by the mixed -use zones. The "IS" or Interim Study overlay is being eliminated altogether. • The "SPR" or Site Plan Review overlay, and the "PRD" or Planned Residential Development overlay would be replaced by updated permit processes contained within Part 5 of the new Zoning Code. • A Bluff Overlay District would be added, in order to implement specific Natural Resources Element policies that require limiting development to the predominant line of existing development to preserve visual quality, protect public views, and ensure safety. Site Planning and Development Standards • Section 20.30.020 - Buffering and Screening: This section would be revised to add standards to address the interfaces between residential and nonresidential uses, and buffering and screening requirements. • Section 20.30.040 - Fences, Hedges, Walls and Retaining Walls: This section would be revised to add limits to the height of retaining walls and to require that they be terraced. Also, it would increase the maximum height for fences, hedges, and retaining walls within front setback areas. Provisions would also be added to allow protective fencing for pools and spas for consistency with Building Code requirements. • Section 20.30.050 - Grade Establishment: The existing provisions would be revised to establish a formula that uses an average grade calculation to simplify the way grade is established for the purpose of measuring building height. • Section 20.30.060 - Height Limits and Exceptions: Height limits would not change. This section would be revised to eliminate the practice of measuring the height of buildings at the mid -point of sloping roofs. JN 10- 105583 12 Initial Study /Negative Declaration City of Newport Beach 0 Zoning Code Update = Initial Study/Negative Declaration pFOaNi • Section 20.30.070 - Outdoor Lighting: This section would be revised to provide subjective outdoor lighting standards without specifying minimum or maximum levels. The revised standards would provide a more complete set of tools than at present. • Section 20.30.080 — Noise: This new section would introduce provisions for review of proposed projects, in order to avoid or mitigate impacts, establishes thresholds of significance pursuant to the Noise Element, and promote compatibility between land uses. • Section 20.30.100 - Public View Protection: This new section would introduce public view protection regulations to preserve visual resources and public views from identified public view points and corridors, in accordance with General Plan polices under GP Goal NR 20. • Section 20.30.110 - Setback Exceptions Regulations and Exceptions: The current standards pertaining to encroachments allowed within required setback areas would be revised to provide clearer rules for the placement of accessory mechanical equipment, minor accessory structures, and allow a broader range of minor structures. • Section 20.30.120 - Solid Waste and Recyclable Materials Storage: This section would be revised to require solid waste and recyclable material storage areas in compliance with State law for both residential and commercial uses. • Section 20.30.130 - Traffic Visibility Area: This section would be revised to provide additional safety visibility standards consistent with Public Works Traffic standards. • Chapter 20.32 - Density Bonus: This section would introduce density bonus regulations consistent with State law to promote the City's goal to add affordable housing units to the housing stock. • Chapter 20.34 - Conversion or Demolition of Affordable Housing: This section would be revised, maintaining its consistency with State law, while adding standards to determine if providing affordable replacement units is feasible. • Chapter 20.36 - Landscaping Standards: This section would be added to provide landscape standards to enhance the appearance of development projects, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve air quality, and improve pedestrian and vehicular traffic and safety. • Chapter 20.38.40 - Nonconforming Uses and Structures: This section would be revised to allow only conforming additions of up to 50 percent over a 10 -year period by right (provided that the minimum number of parking spaces are provided). Additions would be limited to 10 percent when the minimum number of parking spaces is not provided. The proposed code would eliminate a time consuming review process. Chapter 20.40 - Off - Street Parking: A new section would allow for an in -lieu fee authorized by the Planning Commission or City Council for parking reductions if an in- lieu fee amount is established by the City Council. Most required parking ratios were left unchanged. JN 10- 105583 13 Initial Study /Negative Declaration 4dEW�RT o � t` u _ �<�ooaN• Initial of Newport Beach ning Code Update gative Declaration • Chapter 20.46 - Transfer of Development Rights: Traffic analysis would remain necessary and the revisions would clarify that the transfer of development intensity from one property to another must be within the same statistical area and would require a General Plan amendment. The review authority would be changed from the Planning Commission to City Council. Standards for Specific Purposes • Standards for Specific Land Uses would replace Special Land Use Regulations, which currently provides development standards and in some cases operational standards for various uses. With the reorganization of the code, some of the existing Chapters remain although they have been updated and renamed. The provisions regarding low and moderate income housing within the coastal zone were relocated to Part 3. • The Chapter on oil wells was deleted given that it largely duplicates provisions within the City Charter. Revisions to the sections addressing the following Specific Purposes are proposed: - Section 20.48.030 - Alcohol Sales; - Section 20.48.040 - Animal Keeping; - Section 20.48.040 - Animal Sales and Service; - Section 20.48.070 - Day Care Facilities (Adult and Child); - Section 20.48.080 - Drive - Through and Drive -Up Facilities; - Section 20.48.090 - Eating and Drinking Establishments; - Section 20.48. 100 - Emergency Shelters; - Section 20.48. 130 - Mixed -Use Projects; - Section 20.48.140 - Outdoor Storage Display and Activities; - Section 20.48.180 - Residential Development Standards; - Section 20.48.160 - Recycling Facilities; and - Section 20.48.220 - Time Share Facilities. Planning Permit Procedures Section - 20.52.020 - Conditional Use Permits and Minor Use Permits: Current Code Chapter 20.91 would be renamed Conditional Use Permits (CUP). The review authority would remain with the Planning Commission and the review process would be essentially unchanged. Use Permit/Planning Director would be eliminated and a Minor Use Permit (MUP) process would be added with the review authority being the Zoning Administrator. The findings for CUP's and MUP's would remain essentially unchanged. Section 20.52.040 - Limited Term Permits: This section would replace current section 20.60.015 Temporary Structure and Uses and would include significant revisions to provide a clear process, findings for approval and standard conditions of approval for temporary structure and uses. Section 20.52.050 - Modification Permits: This section would be revised to limit some modification requests (e.g., fence height, setback encroachments) to a maximum 10 percent deviation from the applicable standard. JN 10- 105583 14 Initial Study /Negative Declaration 0 aE City of Newport Beach WPpRT Zoning Code Update %r Initial Study /Negative Declaration �F Section 20.52.060 - Planned Development Permits: The Planned Development Permit chapter would be added to provide a method whereby land may be developed or redeveloped as a unified site resulting in better design than what would be possible by using the standard regulations. Section 20.52.070 - Reasonable Accommodations: This section would be revised to clarify review authority when a reasonable accommodation application is filed concurrently with another discretionary application. Section 20.52.080 - Site Development Reviews: This section would be significantly revised from the existing Site Plan Review process by expanding the applicability and providing more guidance for review. The new provisions would provide a process for the comprehensive review of some development projects not otherwise subject to discretionary review to ensure compliance with the Zoning Code, General Plan Polices, and site design criteria. Examples of the types of projects subject to Site Development Review include: residential construction of five units or more; nonresidential construction of 10,000 square feet or more; mixed use projects with residential uses; and any increase in height limits. Review authority rests with the Zoning Administrator or Planning Commission, as specified by Table 5 -2 on page 5 -34. • Section 20.52.100 - Zoning Clearances: This section would be revised to add a Zoning Clearance process that would provide a procedure to verify that proposed developments, uses or projects comply with the list of uses and development standards for the applicable zoning district. Chapter 20.58 - Specific Plan Procedures: This chapter would revise the Specific Plan procedures found in Chapter 20.40 of the current code to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq. JN 10- 105583 15 Initial Study /Negative Declaration o� ?EarroR> City of Newport Beach e Zoning Code Update Initial Study /Negative Declaration c � 7< /PORN This page intentionally left blank JN 10. 105583 16 Initial Study /Negative Declaration m agW P°RT City of Newport Beach Zoning Code Update u, Initial Study /Negative Declaration �'<,roaar 3.0 ENVIRONMENTAL SUMMARY 3.1 BACKGROUND 1. Project Title: City of Newport Beach Zoning Code Update 2. Lead Agency Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 3. Contact Persons and Phone Numbers: Mr. James Campbell, Principal Planner, 949.644.3210 Mr. Gregg Ramirez, Senior Planner, 949,644.3219 4. Project Location: The City of Newport Beach is located in western Orange County, California. 5. Project Sponsor's Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 6. General Plan Designation: Residential: Single - Family Detached, Single - Family Attached, Two - Family Residential, Multi - Family Residential, and Mixed Residential. Commercial: Retail; Administrative, Professional, and Financial; Marine and Auto Related; and Visitor Serving. Industrial: Industrial, Multi- Tenant Industrial, Industrial Business Park. Other: Government, Education, Institutional Facilities; Quasi - Public; Right -of- Way /Undesignated; Recreation and Environmental Open Space; Vacant Land; and Water. 7. Zoning: Residential - Agriculture (R -A) District; Single - Family Residential (R -1) District; Restricted Two Family Residential (R -1.5) District; Two Family Residential (R -2) District; Multi- Family Residential (MFR) District; Retail Service Commercial (RSC) District; Administrative, Professional, and Financial Commercial (APF) District; Recreational and Marine Commercial (RMC) District; Manufacturing (M -1) District; Controlled Manufacturing (M -1 -A) District; Industrial Business Park (IBP) District; Government, Educational, and Institutional Facilities (GEIF) District; Open Space (OS) District; Specific Plan (SP) District; and Planned Community PC District. 8. Description of the Project: Comprehensive revision /update of the Zoning Code (Title 20). Refer to Section 2.2, Prciect Characteristics. 1 9. SURROUNDING LAND USES AND SETTING: Newport Beach is bordered by the cities of Costa Mesa to the northwest, Irvine to the northeast, unincorporated Orange County to the southeast, and the Pacific Ocean to the west. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. JN 10- 105583 17 Initial Study /Negative Declaration City of Newport Beach Zoning Code Update x Initial Study /Negative Declaration CAL /FOR��' 3.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Impact With Mitigation Incorporated," as indicated by the checklist on the following pages. 3.3 EVALUATION OF ENVIRONMENTAL IMPACTS Section 4 (following) analyzes the potential environmental impacts associated with the proposed Zoning Code Update. The issue areas evaluated in this Initial Study include: • Aesthetics • Agriculture and Forest Resources • Air Quality • Biological Resources • Cultural Resources • Greenhouse Gas Emissions • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation/Traffic • Utilities and Service Systems The environmental analysis in Section 4 is patterned after the Initial Study Checklist recommended by the CEQA Guidelines, as amended, and used by the City of Newport Beach in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development's impacts and to identify mitigation. For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long -term, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses: JN 10- 105583 18 Initial Study /Negative Declaration Aesthetics Land Use and Planning Agriculture and Forest Resources Mineral Resources Air Quality Noise Biological Resources Population and Housing Cultural Resources Public Services Geology and Soils Recreation Greenhouse Gas Emissions Transportation/Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance 3.3 EVALUATION OF ENVIRONMENTAL IMPACTS Section 4 (following) analyzes the potential environmental impacts associated with the proposed Zoning Code Update. The issue areas evaluated in this Initial Study include: • Aesthetics • Agriculture and Forest Resources • Air Quality • Biological Resources • Cultural Resources • Greenhouse Gas Emissions • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation/Traffic • Utilities and Service Systems The environmental analysis in Section 4 is patterned after the Initial Study Checklist recommended by the CEQA Guidelines, as amended, and used by the City of Newport Beach in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development's impacts and to identify mitigation. For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long -term, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses: JN 10- 105583 18 Initial Study /Negative Declaration agW RpRT 04 @ City of Newport Beach Zoning Code Update ` Initial Study /Negative Declaration • No Impact. The development will not have any measurable environmental impact on the environment. • Less Than Significant Impact. The development will have the potential for impacting the environment, although this impact will be below established thresholds that are considered to be significant. Less Than Significant Impact With Mitigation Incorporated. The development will have the potential to generate impacts, which may be considered as a significant effect on the environment, although mitigation measures or changes to the development's physical or operational characteristics can reduce these impacts to levels that are less than significant. • Potentially Significant Impact. The development could have impacts, which may be considered significant, and therefore additional analysis is required to identify mitigation measures that could reduce potentially significant impacts to less than significant levels. Where potential impacts are anticipated to be significant, mitigation measures will be required, such that impacts may be avoided or reduced to insignificant levels. JN 10- 105583 19 Initial Study /Negative Declaration 6+ 9It �AEW�Rr o �e� U S c�4copN'� This page intentionally left blank Initial of Newport Beach ning Code Update JN 10- 105583 20 Initial Study /Negative Declaration �agwPoRT o �e � �4roaN` �� 4.0 ENVIRONMENTAL ANALYSIS City of Newport Beach Zoning Code Update Initial Study /Negative Declaration The following is a discussion of potential project impacts as identified in the Initial Study. Explanations are provided for each item. 4.1 AESTHETICS Impact Analysis 4.1(a) Have a substantial adverse effect on a scenic vista? Less Than Signil! cant Impact. The City has identified roadway segments that provide significant public views, although, there are no officially designated scenic vistas within the City. Additionally, the City's parks and other public viewing areas provide significant views and are identified within the Natural Resources Element (Figure NR 3). Given that the City is primarily a built -out area, it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. Notwithstanding, future development could impact a scenic vista, particularly those involving roadway segments, parks, and viewing areas. However, the GPEIR concluded existing and future development would be regulated by the General Plan (GP) policies, and scenic vistas would not be adversely affected." Since future development in compliance with the ZCU would be consistent with the General Plan, as modified by the CCC action, there are no impacts that were not evaluated within the program EIR or avoided by CCC action. As such, potential impacts to scenic vistas from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that scenic vistas are not adversely impacted. The ZCU proposes the addition of the Public View Protection section applicable to discretionary development, which includes regulations to preserve visual resources and public views from identified public view points and 4 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.1 -16. JN 10- 105583 21 Initial Study /Negative Declaration fd � x o-�e�°s�`�kb ;�` <��,� �.�,�« ntrdlly � r 51�4�lllx�a �eh"� `� =f fit•. a. Have a substantial adverse effect on a scenic vista? T b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state T scenic highway? c. Substantially degrade the existing visual character or quality of the .t. site and its surroundings? d. Create a new source of substantial light or glare, which would .t, adverse) affect day or nighttime views in the area? Impact Analysis 4.1(a) Have a substantial adverse effect on a scenic vista? Less Than Signil! cant Impact. The City has identified roadway segments that provide significant public views, although, there are no officially designated scenic vistas within the City. Additionally, the City's parks and other public viewing areas provide significant views and are identified within the Natural Resources Element (Figure NR 3). Given that the City is primarily a built -out area, it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. Notwithstanding, future development could impact a scenic vista, particularly those involving roadway segments, parks, and viewing areas. However, the GPEIR concluded existing and future development would be regulated by the General Plan (GP) policies, and scenic vistas would not be adversely affected." Since future development in compliance with the ZCU would be consistent with the General Plan, as modified by the CCC action, there are no impacts that were not evaluated within the program EIR or avoided by CCC action. As such, potential impacts to scenic vistas from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that scenic vistas are not adversely impacted. The ZCU proposes the addition of the Public View Protection section applicable to discretionary development, which includes regulations to preserve visual resources and public views from identified public view points and 4 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.1 -16. JN 10- 105583 21 Initial Study /Negative Declaration na��"Ipin City ni Newport Beach Zoning Code Update Initial Study /Negative Declaration 4-rF corridors in accordance with General Plan polices under GP Goal NR 20. Also, the Bluff Overlay District was added to implement specific policies of the General Plan Natural Resources Element that require limiting development (discretionary or not) to the predominant line of existing development to preserve visual quality, protect public views, and ensure safety. Policy LU 6.19.9 requires that buildings be located and sites designed to provide adequate and unobstructed views significant visual corridors of the Bay from Coast Highway (Mariners' Mile) and this policy would be implemented during the discretionary review of future development consistent with proposed Public View Protection section and the view protection policies of the General Plan (e.g. Policy NR 20.2 requires new development to restore and enhance the visual quality in visually degraded areas, where feasible, and to provide view easements or corridors designed to protect public views or to restore public views in developed areas, where appropriate and Policy NR 20.4 would serve to design and site new development, including landscaping, on the edges of public view corridors, including those down public streets, to frame, accent, and minimize impacts to public views. Given that future development would undergo project -by- project review for consistency with the Zoning Code and that significant development would be subject to discretionary review and as such would undergo environmental review and/or development review and must be found consistent with General Plan policies, impacts to scenic vistas would be less than significant. Mitigation Measures: No mitigation is required. 4.1(b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. Currently, there are no state scenic highways that traverse the City. State Route 1 (Pacific Coast Highway) is identified by the City as being eligible for the State Scenic Highway designation, however, an official designation has not been received from Caltrans. Therefore, future development would not damage scenic resources within a designated State scenic highway. 4.1(c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. Development permitted by the ZCU would replace improved or unimproved lands with new uses consistent with the General Plan, replace developed sites with similar land uses with similar densities or intensities and intensify some areas through infill construction. Given that the City is primarily a built -out area and future development permitted by the ZCU would occur primarily as infill and redevelopment, Project implementation would not substantially degrade the existing visual character of the development sites and their surroundings. Nonetheless, future development permitted by the ZCU could alter the visual character of the respective development sites and their surroundings over time. The GPEIR concluded the visual character would change as development intensity increased, but development would be required to conform to a development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment; thus, less than significant impacts on the visual character of developed urban areas would occur.5 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the 5 Ibid., Page 4.1 -19. JN 10- 105583 22 Initial Study /Negative Declaration u City of Newport Beach Zoning Code Update Initial Study /Negative Declaration General Plan. As such, potential impacts to the visual character of the respective development sites and their surroundings from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that the existing visual character of the development sites and their surroundings is not substantially degraded. Additionally, the proposed ZCU includes revisions that would avoid or minimize impacts to visual character. More specifically, the ZCU proposes the addition of the Public View Protection section applicable to discretionary development, which includes regulations to preserve visual resources. The Bluff Overlay District was added to implement specific General Plan policies that require limiting development (discretionary or not) to preserve visual quality. The Buffering and Screening section adds standards to address the interfaces between residential and nonresidential uses and buffering requirements to reduce impacts between incompatible land uses. The Fences, Hedges, Walls and Retaining Walls section was revised to limit the height of retaining walls and to require that they be terraced to help minimize alteration of slopes. The Landscaping Standards chapter is added to include standards that enhance the appearance of development projects, screen potentially incompatible land uses, and preserve the integrity of neighborhoods, among other objectives. Future development pursuant to the ZCU and those subject to discretionary review would also be subject to compliance with policies included in the General Plan Land Use and Natural Resources Elements (refer to GP EIR Pages 4.1 -24 through 4.1 -39) that provide direct aesthetic guidance, establish the aesthetic character of an area, and ensure that the City retains its unique aesthetic qualities. Moreover, these regulations and guidelines are intended to diminish conflicts between urban development and visual resources. Therefore, future development permitted by the ZCU is not anticipated to substantially degrade the existing visual character or quality of the development sites and their surroundings. Mitigation Measures: No mitigation is required. 4.1(d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact. There are two primary sources of light: light emanating from building interiors that pass through windows and light from exterior sources (i.e., street lighting, parking lot lighting, building illumination, security lighting and landscape lighting). Depending upon the location of the light source and its proximity to adjacent light sensitive uses, light introduction can be a nuisance, affecting adjacent areas and diminishing the view of the clear night sky. Newport Beach is primarily built -out; therefore, ambient light from urban uses currently exists. New development permitted by the ZCU could create new sources of light and glare, which could affect day or nighttime views of the respective development areas. However, the GPEIR concluded new development could create new sources of light and glare that could affect day or nighttime views of adjacent sensitive land uses (i.e., undeveloped lands and residential uses adjacent to commercial or industrial areas). Additionally, the GPEIR concluded implementation of GP Policies would reduce impacts resulting from daytime glare, ambient nighttime lighting, and JN 10- 105583 23 Initial Study /Negative Declaration � dEW �R> o �.m C�GrORN�P Initial of Newport Beach ning Code Update gative Declaration potential spillover from new development to a less- than - significant level .6 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts associated with light and glare from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future development would either undergo environmental and design review through the discretionary review process or be reviewed on a project -by- project basis for consistency with ZCU Outdoor Lighting section with the Zoning Clearance process in order to ensure that the project would not create a new source of substantial light and glare. Future discretionary development would also be subject to compliance with General Plan policies that address the creation of light and glare from new developments. In particular, Policy LU 5.5.2 specifies the use of non - reflective textured surfaces on building exteriors, as well as avoidance of the use of reflective glass. Policy LU 5.5.3 requires that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient illumination of their location. In addition, Policies LU 6.1.3 and 6.2.5 allow for the integration of uses to be designed specifically to assure development compatibility by addressing issues such as lighting. Therefore, since future development would undergo project -by- project review, be regulated by the proposed ZCU, and subject to compliance with General Plan policies, impacts from daytime glare, ambient nighttime lighting, and potential spillover from new development would be less than significant. Mitigation Measures: No mitigation is required. 6 Ibid., Pages 4.1 -21 and 22. JN 10- 105583 24 - Initial Study /Negative Declaration � dEW ART O `i 9 P �<l FORt\\ 4.2 AGRICULTURE AND FOREST RESOURCES Initial of Newport Beach ning Code Update gative Declaration fn e`iyeimr ng w�tef)teY impacts to agricultural w a s "` sJ recant nronrgehfal effec>s lead ageficresma�fi Arta the ;' 1 ; k aE z'Sa.,r r ;r y Y a s 4� e- C �igncul(ural hand. Evaluation and Si(eessmen ag a �t� e %��8i;�tpreAared by Mite CaUPornra*�DgR �ent� F�- � M 's�,A ` erea�asra pi(6,Fal model tb U"S'e to dS B�l ,g� 1 SOnfr � ;.� �. k -t w Y "� y iff d� � sdZrvncdrhg rim4erlandriie �� For %an tep as Ste[ iHaant �C QY i oafl r- I c( th ' 03 en meq[ i a d gancres ftaaS ie i d n{c ltrPa VNt m r ��p'� y�i6Y RIL'� resndRargeJ(sgess7etFroJectan F6re3i$ga ar w �o�do k rd5nst �Prorocol�adope�b�i ' LfaL7omta= irResouiCe §Boad,Woaliltfie" r4.f��«f, a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring T Program of the California Resources Agency, to non - agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? T c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), T or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non - forest use? T e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to ,I, non - agricultural use or conversion of forest land to non- forest use? Impact Analysis 4.2(a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No Impact. There is no designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance within the City. Therefore, project implementation would not result in the conversion of farmland to non - agricultural use. Mitigation Measures: No mitigation is required. 4.2(b) Conflict with existing zoning for agricultural use or a Williamson Act contract? Less Than Significant Impact. The Residential - Agricultural (R -A) District provides areas for single - family residential and light farming land uses. Given that the proposed ZCU does not involve changes to the R -A District, and since there are no agricultural uses or Williamson Act JN 10-106583 25 Initial Study /Negative Declaration Impact Analysis 4.2(a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No Impact. There is no designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance within the City. Therefore, project implementation would not result in the conversion of farmland to non - agricultural use. Mitigation Measures: No mitigation is required. 4.2(b) Conflict with existing zoning for agricultural use or a Williamson Act contract? Less Than Significant Impact. The Residential - Agricultural (R -A) District provides areas for single - family residential and light farming land uses. Given that the proposed ZCU does not involve changes to the R -A District, and since there are no agricultural uses or Williamson Act JN 10-106583 25 Initial Study /Negative Declaration � �aEW �'ORr us cyGro0.N�' Initial of Newport Beach ning Code Update gative Declaration contracts present in the City, Project implementation would result in a less than significant impact in this regard. Mitigation Measures: No mitigation is required. 4.2(c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)) ? No Impact. There is no zoning for forest land in the City. Additionally, the City is primarily a built - out area, and it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. Therefore, Project implementation would not conflict with existing zoning for, or cause rezoning of, forest land. Mitigation Measures: No mitigation is required. 4.2(d) Result in the loss of forest land or conversion of forest land to non - forest use? No Impact. There are no forest lands present in the City. Therefore, Project implementation would not result in the loss of forest land or conversion of forest land to non - forest use. Mitigation Measures: No mitigation is required. 4.2(e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? No Impact. No farmland, agricultural activity, or forest lands exist within the City. Therefore, the Project would not result in environmental changes that would convert farmland to non - agricultural use or forest land to non - forest use. Mitigation Measures: No mitigation is required. JN 10- 105583 26 Initial Study /Negative Declaration gWrp ore R @ City of Newport Beach i Zoning Code Update Initial Study /Negative Declaration C9GIGORN`P 4.3 AIR QUALITY Where avarlabfe� �e` sr�n ca '��e''ha�esfabbshed b ���' �'� kessfihanF k'cao� � � Lis T(7ap i }aPplrsable arr yu�fdyianag /Heir! ors %,P�(�iborl cgntvp/ „dcs6�c¢ y�ma�!'beorebedupot* 7rialr �e'�ollowli��ete� rggbJt��.�`�Worr)d � s.✓`.x 4Y''�” "� S�`,.r ���� �Sl•gnifiEant kg� mPact�hth � , E tSi�ni+c.�a�if , ; a r ,Y» ���1� i � �lil�a�nh� G^� „��" s. o triA.si;# .' a. Conflict with or obstruct implementation of the applicable air quality Ian? T b. Violate any air quality standard or contribute substantially to an exisfin or projected air quality violation? T c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including T releasing emissions which exceed quantitative thresholds for ozone precursors)? d7 Expose sensitive receptors to substantial pollutant concentrations? T e. Create objectionable odors affecting a substantial number of people? T The City of Newport Beach is part of the South Coast Air Basin (SCAB) and is under the jurisdiction of the South Coast Air Quality Management District ( SCAQMD). The SCAQMD's current guidelines and emission thresholds are established in the CEQA Air Quality Handbook. Air quality assessments estimate emissions of air pollutants associated with short-term construction and long -term operation of a proposed project. Both the State of California and the Federal government have established health -based Ambient Air Quality Standards (AAQS) for the following six criteria air pollutants: carbon monoxide (CO); ozone (03); nitrogen oxides (NOX); sulfur oxides (SOX); particulate matter up to 10 microns in diameter (PM10); and lead (Pb). 03 (smog) is formed by a photochemical reaction between NOX and reactive organic compounds (ROCS). Thus, evaluating impacts from NOX and ROCS assesses impacts from 03. The net increase in pollutant emissions determines the impact on regional air quality as a result of a proposed project. The results also allow the local government to determine whether a proposed project would deter the region from achieving the goal of reducing pollutants in accordance with the air quality management plan (AQMP) in order to comply with Federal and State AAQS. Construction Emission Thresholds The following CEQA significance thresholds for construction emissions have been established for the SCAB: • 75 pounds per day (Ibs /day) or 2.5 tons per quarter -year of VOCs; • 100 Ibs /day or 2.5 tons per quarter of NOX ; • 550 Ibs /day or 24.75 tons per quarter of CO; • 150 Ibs /day or 6.75 tons per quarter of PM10; and • 150 Ibs /day or 6.75 tons per quarter of SOX. In the SCAB, project construction - related emissions that exceed any of the above emission thresholds are considered to be a significant impact under the SCAQMD guidelines. JN 10- 105583 27 Initial Study /Negative Declaration s �gv roRT o° @ City of Newport Beach Zoning Code Update s Initial Study /Negative Declaration C'�4FOPH`P Operational Emission Thresholds Project operational emissions that exceed any of the thresholds listed below are considered to be a significant impact under the SCAQMD guidelines: • 55 Ibs /day of VOCs; • 55 Ibs /day of NOX; • 550 Ibs /day of CO; • 150 Ibs /day of PM10; and • 150 Ibs /day of SOX. Localized Thresholds of Significance Localized significance thresholds (LSTs) represent the maximum emissions from a project that would not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area. The cleaner the air is in a local area, the greater emissions increment it can afford without causing or contributing to an exceedance of the most stringent ambient air quality standard. If the existing air quality is not yet in compliance with the air quality standards, all areas are subject to generally equivalent LSTs. LSTs apply to projects that are less than five acres in size. Public agencies can use LST methodology and mass rate look -up tables by source receptor area (SRA) to determine whether or not a project may generate significant adverse localized air quality impacts. LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOX), carbon monoxide (CO), and particulate matter less than 10 microns in aerodynamic diameter (PM10). LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor. For PM10 LSTs were derived based on requirements in SCAQMD Rule 403 (Fugitive Dust). Impact Analysis 4.3(a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. Consistency with the 2007 Air Quality Management Plan for the South Coast Air Basin (2007 Air Quality Management Plan) means that a project is consistent with the goals, objectives, and assumptions in the respective plan to achieve the Federal and State air quality standards. Per the SCAQMD CEQA Air Quality Handbook, there are two main indicators of a project's consistency with the applicable Air Quality Management Plan: • Whether the project would increase the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the 2007 Air Quality Management Plan. • Whether the project would exceed the 2007 Air Quality Management Plan's assumptions for 2030 or yearly increments based on the year of project buildout and phasing. JN 10- 105583 28 Initial Study /Negative Declaration City Newport Beach Zoning Code Update o Initial Study /Negative Declaration Given that the City is primarily a built -out area, future development permitted by the ZCU would occur primarily as infill and redevelopment. Construction activities would generate pollutant emissions, including but not limited to site grading, operation of construction equipment, and vehicle activities. Future development permitted by the ZCU would also generate population growth with resultant pollutant emissions from stationary equipment, new vehicular trips, off -site power and natural gas generation, etc. The GPEIR concluded GP implementation would induce population growth through increased residential development beyond projected population levels for the City.' Since the AQMP growth projections are based on SCAG population levels, the General Plan's increase in population growth would not have been accounted for in the AQMP. Therefore, General Plan implementation would not be consistent with AQMP attainment forecasts and attainment of the standards could be delayed. The GPEIR concluded the General Plan would conflict with implementation of the 2003 AQMP, this impact would be significant.8 The GPEIR also concluded the General Plan would be consistent with the 2003 AQMP in the reduction of vehicle miles traveled, with implementation of General Plan policies. Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts from future development permitted by the ZCU involving consistency with the AQMP were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to verify consistency with the AQMP. Additionally, the proposed ZCU includes revisions that would promote consistency with the AQMP. Namely, the ZCU proposes residential use densities and non - residential use intensities within the various zoning districts that would be no greater than allowed by the General Plan Land Use Element. Future development would also be subject to compliance with General Plan policies that would promote consistency with the AQMP (i.e., use of transit, reduce the number of vehicle trips and miles traveled, and create opportunities to walk and bike to work or shop). In particular, Policy LU 3.3 identifies opportunities for mixed use development with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian - friendly environment. Policy LU 6.14.5 encourages improved pedestrian connections and streetscape amenities, and Policy LU 6.15.9 allows the development of multi - family residential units and mixed -use buildings that integrate residential with commercial uses. Policies NR6.1, NR6.2, and NR6.3 would reduce vehicle trips through land use planning through mixed -use development or siting of amenities in proximity to residential or employment areas. Additionally, Policies NR 6.4 and NR 6.5 would promote Transportation Demand Management programs, which encourage the use of alternative transportation modes, and promote mass transit use. Given that future development would undergo project -by- project review, be regulated by the proposed ZCU, and be subject to compliance with General Plan policies, impacts involving consistency with the AQMP would be less than significant. Mitigation Measures: No mitigation is required 7 Ibid., Page 4.2 -12. 8 Ibid., Page 4.2 -13. JN 10- 105583 29 Initial Study /Negative Declaration �4 x City of Newport Beach Zoning Code Update 'z Initial Study/Negative Declaration �4rOnN' 4.3(b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. Future development permitted by the ZCU would occur primarily as infill and redevelopment. However, construction activities would generate pollutant emissions, including but not limited to site grading, operation of construction equipment, and vehicle activities. Future development permitted by the ZCU would also generate pollutant emissions from stationary equipment, new vehicular trips, off -site power and natural gas generation, etc. As the proposed ZCU involves a programmatic project, no emission calculations are necessary in the preparation of this document. Notwithstanding, future development permitted by the ZCU could violate air quality standards or contribute substantially to an existing or projected air quality violation. The GPEIR concluded certain projects implemented under the General Plan could individually exceed the SCAQMD thresholds, and the total amount of construction under the General Plan could also exceed the SCAQMD's thresholds. This impact would remain significant and unavoidable, despite compliance with General Plan policies.9 The GPEIR concluded air emissions associated with General Plan implementation would also occur as a result of operation of new land uses. Given that the thresholds of significance for these new emissions were developed for individual development projects, the SCAQMD does not recommend calculation of operational emissions for a planning document, such as the General Plan. Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts from future development permitted by the ZCU involving potential violations of air quality standards were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to determine air emissions and potential violations of air quality standards. Additionally, the ZCU proposes residential use densities and non - residential use intensities within the various zoning districts that would be no greater than allowed by the General Plan Land Use Element, thus, would not result in greater air emissions. Future development would also be subject to compliance with General Plan policies that would help reduce short- and long -term air pollutant emissions. General Plan Policies NR 6.1 through 6.9 are intended to reduce mobile source emissions, Policies NR 7.1 to 7.4 are intended to reduce air emissions from stationary sources, Policies NR 8.1 to NR 8.5 reduce air emissions from construction activities, and Policies LU 5.3.1 to 5.3.3, LU 6.14.5, and 6.15.9 are intended to reduce vehicle miles traveled by promoting mixed - use districts. Given that future development would undergo project -by- project review, would be regulated by the proposed ZCU, and be subject to compliance with General Plan policies, impacts resulting from short- and long -term air pollutant emissions would be less than significant. Mitigation Measures: No mitigation is required. 4.3(c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state 9 Ibid., Page 4.2 -14. JN 10- 105583 30 Initial Study/Negative Declaration u Initial of Newport Beach ning Code Update gative Declaration ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Less Than Significant Impact. Refer to Response 4.3(c). Mitigation Measures: No mitigation is required. 4.3(d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. CARB has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. Sensitive receptors are located throughout the City. To identify impacts to sensitive receptors, the SCAQMD recommends addressing localized significance thresholds for construction and operations impacts, as well as a carbon monoxide hot -spots analyses. The construction of individual projects could potentially lead to fugitive emissions and other pollutants affecting sensitive land uses. Increased traffic volumes on City streets could also lead to increases in traffic congestion and associated vehicle emissions, which could impact sensitive receptors. However, the GPEIR concluded sensitive receptors within the City would not be exposed to substantial pollutant concentrations, and the potential impacts of General Plan implementation would be less than significant.70 Development permitted by the ZCLI was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts from future development permitted by the ZCU involving potential exposure of sensitive receptors to substantial pollutant concentrations were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCLlin order to determine pollutant concentrations. More specifically, future development may be required to prepare an air quality analysis that evaluates the air emission impacts during construction. The SCAQMD requires a quantified assessment of a CO hot -spot when a project increases the volumes to capacity ratio (also called the intersection capacity utilization) by 0.02 (two percent) for any intersection with an existing level of service (LOS) D or worse. The project specific air quality analysis would provide mitigation measures to off -set impacts associated with that development. Given that future development would undergo project -by- project review, potential impacts involving the exposure of sensitive receptors to substantial pollutant concentrations would be less than significant. Mitigation Measures: No mitigation is required. 10 Ibid., Page 4.2 -16. JN 10. 105583 31 Initial Study /Negative Declaration F NgwPDRr a o 0 s Initial of Newport Beach ning Code Update gative Declaration 4.3(e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. Odors are one of the most obvious forms of air pollution to the general public. Although offensive odors seldom cause physical harm, they can be a nuisance to the general public. Most people determine an odor to be offensive (objectionable) if it is sensed longer than the duration of a human breath, typically two to five seconds. The SCAQMD handbook states that land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. Future discretionary development projects would be required to prepare a project specific air quality analysis. An odor assessment would be required as part of the air quality analysis should the proposed development have the potential to create objectionable odors. The construction activity from future development permitted by the ZCU may generate detectable odors from heavy -duty equipment exhaust. Construction related odors would be short-team in nature and cease upon project completion. Additionally, the GPEIR concluded General Plan implementation would not create objectionable odors affecting a substantial number of people within the City and potential impacts would be less than significant." Since future development in compliance with the ZCU would be consistent with the General Plan, as modified by the CCC action, there are no impacts that were not evaluated within the program EIR or avoided by CCC action. As such, potential impacts from future development permitted by the ZCU involving the creation of objectionable odors were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Given that future development would undergo project -by- project review, potential impacts involving the creation of objectionable odors would be less than significant. Mitigation Measures: No mitigation is required. " Ibid., Page 4.2 -17. JN 10- 105583 32 Initial Study /Negative Declaration x � n't"a'N' City of Newport Beach Zoning Code Update Initial Study /Negative Declaration 4.4 BIOLOGICAL RESOURCES Impact Analysis 4.4(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Sensitive habitat within the City consists of Diegan Coastal Sage Scrub, Riparian Habitat, and Native Grasslands. According to the California Native Diversity Database (CNDDB) search conducted for the GPEIR, the City has the potential for 78 special status wildlife species and 33 plant species. However, not all of these species are found within the City due to the lack of suitable habitat. Since future development permitted by the ZCU would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on any species identified as a candidate, sensitive, or special status. Moreover, implementation of the ZCU would not directly remove sensitive vegetation communities or species, because the ZCU does not infer direct development rights. Notwithstanding, due to the conceptual nature of the future development permitted by the ZCU, the potential exists for adverse impacts to species identified as a candidate, sensitive, or special status. Additionally, future development may result in the removal of mature trees that provide perching or nesting habitat for migratory birds and raptors JN 10. 105583 33 Initial Study /Negative Declaration ".' iM1'odirieptoject^ ��s;,` �� r � *� Bignr �� KIm q ' a,-�� a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or T regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identifed in local or regional plans, policies, regulations or by the California Department of Fish and T Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but ,t, not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interru tion, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native ,r resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological ,r resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved T local, regional, or state habitat conservation Ian? Impact Analysis 4.4(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Sensitive habitat within the City consists of Diegan Coastal Sage Scrub, Riparian Habitat, and Native Grasslands. According to the California Native Diversity Database (CNDDB) search conducted for the GPEIR, the City has the potential for 78 special status wildlife species and 33 plant species. However, not all of these species are found within the City due to the lack of suitable habitat. Since future development permitted by the ZCU would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on any species identified as a candidate, sensitive, or special status. Moreover, implementation of the ZCU would not directly remove sensitive vegetation communities or species, because the ZCU does not infer direct development rights. Notwithstanding, due to the conceptual nature of the future development permitted by the ZCU, the potential exists for adverse impacts to species identified as a candidate, sensitive, or special status. Additionally, future development may result in the removal of mature trees that provide perching or nesting habitat for migratory birds and raptors JN 10. 105583 33 Initial Study /Negative Declaration nizaa, City of Newport Beach Zoning Code Update Initial Study/Negative Declaration Cy and may result in a "take" of one of the special status species. However, the GPEIR concluded compliance with General Plan policies would result in less than significant impacts to candidate, sensitive, and special status species. 12 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to candidate, sensitive, and special status species from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to determine potential impacts to candidate, sensitive, and special status species. Future development may be required to comply with the NCCP /HCP, the Migratory Bird Treaty Act, Federal Endangered Species Act, and the California Endangered Species Act. Additionally, future development would be subject to compliance with General Plan policies that would reduce potential impacts on candidate, sensitive, and special status species. Namely, implementation of Policies NR10.1 to 10.13 provide protection to sensitive and rare terrestrial and marine resources from urban development (Policy NR 10.4 requires a site - specific survey and analysis), Policies NR 11.1 to 11.3 require protection of eelgrass meadows, and Policies 12.1 to 12.3 require protection of coastal dune habitats. Given that future development would undergo project -by- project review (a site - specific survey and analysis may be required), and be subject to compliance with Federal /State and General Plan policies, impacts to candidate, sensitive, and special status species would be less than significant. Mitigation Measures: No mitigation is required. 4.4(b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Riparian habitat is known to occur throughout the City. Since future development permitted by the ZCU would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on any riparian habitat. Moreover, implementation of the ZCU would not directly remove riparian or other sensitive habitats, because the ZCU does not infer direct development rights. Notwithstanding, due to the conceptual nature of the future development permitted by the ZCU, the potential exists for adverse impacts to riparian habitats. However, the GPEIR concluded compliance with General Plan policies would result in less than significant impacts to riparian habitats.13 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to riparian habitats from future development permitted by the ZCU were anticipated in the 12 Ibid., Page 4.2 -23, 13 Ibid., Page 4.2 -25. JN 10- 105583 34 Initial Study /Negative Declaration agWpp City of Newport Beach Zoning Code Update r x Initial Study /Negative Declaration 4`<l` GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to determine potential impacts to riparian habitats. Future development would be subject to compliance with Section 404 of the Clean Water Act and the Section 1600 of the Streambed Alteration Agreement, which regulate the alteration of riparian vegetation. Additionally, future development would be subject to compliance with General Plan policies that would reduce potential impacts on riparian habitats. Namely, Policies NR 10.1 through NR 10.7 would require reduction or avoidance of impacts to riparian areas by ensuring cooperation with resource protection agencies, organizations, and conservation plans, and limiting or placing constraints on future development within identified ESAs or areas containing significant or rare biological resources. In addition, Policies NR 10.9 and NR 10.10 would require protection of existing or potential riparian habitats, and encourage restoration of the ESAs located within the Planning Area. Policies NR 13.1 and NR 13.2 would serve to protect wetlands and their riparian habitat, and require a survey and analysis of future General Plan development within a delineated wetland area. Given that future development would undergo project -by- project review and be subject to compliance with Federal /State and General Plan policies, impacts to riparian habitats would be less than significant. Mitigation Measures: No mitigation is required. 4.4(c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. According to the GPEIR, wetlands are known to occur throughout the City. Since future development permitted by the ZCU would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on wetlands. Moreover, implementation of the ZCU would not directly remove wetlands, because the ZCU does not infer direct development rights. Additionally, the GPEIR concluded compliance with General Plan policies would result in no impacts to wetlands." Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to wetlands from future development permitted by the ZCU were considered in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to determine potential impacts to wetlands. Future development would be subject to compliance with Section 404 of the Clean Water Act, which requires that a permit be obtained from the Army Corps of Engineers (ACOE) prior to discharge or dredged or fill material into any "waters of the United States." Should development occur within wetland areas, Federal and State regulations 14 Ibid., Page 4.2 -27. JN 10- 105583 35 Initial Study /Negative Declaration n,KaF City of Newport Beach Zoning Code Update Initial Study /Negative Declaration would be implemented to protect resources from development through the ACOE permitting process. Additionally, future development would be subject to compliance with General Plan policies that would reduce potential impacts on wetlands. Namely, Policies NR 13.1 and NR 13.2 would protect, maintain, and enhance the City's wetlands. Policies NR 14.1 to NR 14.4 would serve to maintain and enhance deep water channels and ensure they remain navigable by boats through the management of dredging and maintaining the capacity of wetlands and estuaries. Policies NR 15.1 to NR 15.3 would serve to ensure the proper disposal of dredge spoils to avoid disruption to natural habitats through monitoring and management of sediment. Given that future development would undergo project -by- project review, and would be subject to compliance with Federal /State laws and regulations and the "no net wetland loss" policy currently in place, as well as General Plan policies, impacts to wetlands would be less than significant. Mitigation Measures., No mitigation is required. 4.4(d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact. Given that the City is primarily a built -out area, it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. Additionally, the GPEIR concluded new urban uses within the City's developed areas would not have a substantial effect on the movement of native resident of migratory wildlife species or corridors, and impacts on these areas would be less than significant.15 Development permitted by the Zoning Code Update (ZCU) was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to migratory wildlife species or corridors from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and/or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that migratory wildlife species or corridors are not adversely impacted. Future development would also be subject to compliance with General Plan policies that would serve to protect migratory wildlife species or corridors. In particular, Policies NR 10.1 and NR 10.2 would serve to ensure that all future development cooperates with the regulatory framework and complies with NCCP policies. Policies NR 10.3 and NR 10.4 would serve to protect and prohibit development in nature preserves, conservation areas, and designated open space areas, and would require a site - specific study be prepared where development would occur within or contiguous to such areas. Policies NR 10.5, NR 10.7, and NR 10.8 would serve to prevent disruption, and ensure protection of sensitive habitat though siting and design requirements. Policies NR 12.1 through NR 12.3 would serve to protect coastal dune habitats (movement corridors for coastal wildlife species). Policies NR 13.1 and NR 13.2 would serve to protect, maintain, and enhance the Planning Area's wetlands, another movement corridor for a variety of aquatic, terrestrial, and avian species. Given that future development would undergo project -by- 15 Ibid., Page 4.3 -28. JN 10. 106583 36 Initial Study /Negative Declaration c SEW Rp jT o� City of Newport Beach Zoning Code update -�= Initial Study/Negative Declaration project review, and be subject to compliance with General Plan policies, impacts to migratory wildlife species or corridors would be less than significant. Mitigation Measures: No mitigation is required. 4.4(e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact. Future development permitted by the ZCU would be subject to all applicable federal, state, and local policies and regulations related to preservation of biological resources. Specific local regulations consist of Council Policy G -1, Retention or Removal of City Trees, and Newport Beach Municipal Code (NBMC) Chapter 7.26, Protection of Natural Habitat for Migratory and Other Waterfowl. Future development would be subject to compliance with General Plan Policies NR 10.1 and NR 10.3, which would serve to ensure that all future development cooperates with the regulatory framework and complies with NCCP policies, as well as all policies specified in GPEIR Section 4.3, Biological Resources, which are intended to protect biological resources. A less than significant impact would occur in this regard. Mitigation Measures: No mitigation is required. 4.4(f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Central and Coastal Orange County Natural Community Conservation Plan and Habitat Conservation Plan (NCCP /HCP) and the associated Implementation Agreement cover 13 cities, including Newport Beach. Therefore, the City is within jurisdiction of the NCCP /HCP. The purpose of the NCCP /HCP is to create a multi- species, multi- habitat reserve system and implementation of a long -term management program that will protect primarily coastal sage scrub and the species that utilize this habitat. The GPEIR concluded compliance with General Plan policies would result in no impacts involving the NCCP /HCP.16 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential conflicts with the NCCP /HCP from future development permitted by the ZCU were considered in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to determine potential conflicts with the NCCP /HCP. Additionally, future development would be subject to compliance with General Plan policies that would ensure consistency with the NCCP /HCP. Namely, Policy NR 10.2 states that future development must comply with the policies contained within the Orange County NCCP. In addition, Policy NR 10.1 states that future development shall cooperate with state and federal agencies, and private organizations, in the 16 Ibid., Page 4.2 -29. JN 10- 105583 37 Initial Study/Negative Declaration o��Ea�R m City of Newport Beach s; Zoning Code Update Initial Study /Negative Declaration �<ISpaN�' protection of the Planning Area's biological resources. Given that future development would undergo project -by- project review, and would be subject to compliance with General Plan policies, conflicts with the NCCP /HCP would not occur. Mitigation Measures: No mitigation is required. JN 10-105683 38 Initial Study /Negative Declaration �t�s F �gW PoRr u 'i Cy </FOM1N`' 4.5 CULTURAL RESOURCES Initial of Newport Beach ning Code Update gative Declaration €'Y,}��a'� M Fy'FFS' !w 4F R ?a Y<F t3;iAY )Fh b.H 5 f ?akz",•T".t. m 5 a. Cause a substantal adverse change in the significance of a histodcal resource as defned in CEQA Guidelines 15064.5? T b. Cause a substantial adverse change in the significance of an archaeological resource ursuantto CEQA Guidelines 15064.5? ,f, c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? T d. Disturb any human remains, including those interred outside of formal cemeteries? T Impact Analysis 4.5(a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines §15064.5? Less Than Significant Impact. GPEIR Figure 4.4 -1, Historic Resources, illustrates the locations of the 11 properties within the City that have been listed or designated eligible for listing on the NRHP or CRHR, or otherwise listed as historic or potentially historic in the California Historic Resources Information System (CHRIS) maintained by the Office of Historic Preservation. Future development permitted by the ZCU would generally consist of infill and redevelopment. Therefore, future development could cause a substantial adverse change in the significance of a historical resource. Additionally, the GPEIR concluded redevelopment of a site could result in the demolition of historic or potentially historic structures, and infrastructure or other public works improvements could result in damage to or demolition of other historic features. These impacts would remain significant and unavoidable, despite compliance with General Plan policies." Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to historic resources from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that historic resources are not adversely impacted. Future development would be subject to Federal, State, and local regulations, and institutions in place to protect the City's historical resources. Additionally, future development would be subject to compliance with General Plan policies that would protect the City's historic resources. In particular, Policies HR 1.1 through HR 1.5 are intended to provide protection of historically significant landmarks, sites, and structures by requiring that the Historical Resources Inventory be maintained and updated, encouraging the preservation and adaptive reuse of historic structures, promoting the placement 17 Ibid., Page 4.4 -15. JN 10- 105583 39 Initial Study /Negative Declaration a �� k City of Newport Beach Zoning Code Update � '= Initial Study /Negative Declaration C'Q,POaa'P of historical landmarks throughout the City, encouraging adaptive reuse, and mandating the incorporation of historical elements in new redevelopment projects in the City. Specifically, Policy HR 1.2 focuses on preserving structures listed in the National Register of Historic Places, the List of California Historic Landmarks, and the Newport Beach Register of Historic Property by offering incentives. In addition to encouraging the placement of historical landmarks, photographs, markers, and plaques at areas of historical interest or value, Policy HR 1.3 would serve to create a Landmark Plan to recognize and designate culturally important heritage sites that are eligible for the placement of historical landmarks or plaques. Policy HR 1.4 encourages alternatives to demolition of historical sites through providing incentives. If preservation or adaptive reuse is not possible, Policy HR 1.5 requires that a project incorporate a physical link to the past within the site or structural design. Given that future development would undergo project -by- project review, be regulated by the Federal /State regulatory framework, and be subject to compliance with General Plan policies, impacts to historic resources would be less than significant. Mitigation Measures: No mitigation is required. 4.5(b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines §15064.5? Less Than Significant Impact. According to the GPEIR, Newport Beach has had a long cultural history and has been home to Native American groups, since before Euro- American settlement. Due to the historic nature of Newport Beach, archaeological materials have been found during ground- disturbing activities, particularly in areas that have not previously been developed. Moreover, archaeological resources may be present under existing buildings. According to the GPEIR, several locations within the City have known significant paleontological resources. There areas include areas underlain by the Vaqueros formation, such as the Newport Coast and the Newport Banning Ranch area, the Topanga and Monterey Formations, and Fossil Canyon in the North Bluffs area. Therefore, any ground- disturbing activities in these areas could potentially result in damage to or destruction of fossils in the formations. Project implementation is not anticipated to cause a substantial adverse change in the significance of an archaeological /paleontological resource. Since, the City is primarily a built -out area, it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. Future development sites have already been subject to extensive disruption and may contain artificial fill materials. As such, any archaeological/paleontological resources, which may have existed on the development sites, have likely been disturbed. Notwithstanding, due to the conceptual nature of the future development and the known existence of archaeological /paleontological resources in the area, future development permitted by the ZCU could cause a substantial adverse change in the significance of an archaeological /paleontological resource. However, the GPEIR concluded compliance with General Plan policies would ensure impacts to archaeological and Native American cultural resources, and paleontological resources would be less than significant, by requiring the scientific recovery and evaluation of any resources that could be encountered during construction of future development.1e Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to 18 [bid., Pages 4.4 -16 and 4.4 -17. JN 10- 105583 40 Initial Study /Negative Declaration � tab`x'PORT P <�GORR� Initial of Newport Beach ning Code Update gative Declaration archaeological /paleontological resources from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that archaeological resources are not adversely impacted. Future development would be subject to compliance with "Archaeological Guidelines (K -5)" and "Paleontological Guidelines (K -4)," established by the Newport Beach City Council, in order to ensure the preservation of significant archeological /paleontological resources and require that the impact caused by any development be mitigated with CEQA. Moreover, future development would also be subject to compliance with General Plan policies that would protect the City's archaeological /paleontological resources. In particular, Policy HR 2.1 and Policy NR 18.1 require that any new development protect and preserve archaeological resources from destruction, and that potential impacts to such resources be avoided and minimized through planning policies and permit conditions. Other policies under Goal HR 2 and Goal NR 18 serve to ensure that information resources are maintained regarding these resources; grading and excavation activities where there is a potential to affect cultural or archaeological resources be monitored by a qualified archaeologist; cultural organizations are notified of all development's that have the potential to adversely impact these resources; and that any new development donates scientifically valuable archaeological resources to a responsible public or private institution. Policy HR 2.2 would serve to ensure that sources of information regarding paleontological and archeological sites and the names and addresses of responsible organizations and qualified individuals, who can analyze, classify, record, and preserve paleontological or archeological findings would continue to be maintained. A qualified paleontologist/archeologist would be required to monitor all grading/ excavation where there is a potential to affect cultural, archeological or paleontological resources. Given that future development would undergo project -by- project review, be regulated by the City's Archaeological Guidelines, and be subject to compliance with General Plan policies, impacts to archaeological resources would be less than significant. Mitigation Measures: No mitigation is required. 4.5(c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. Refer to Response 4.5(b). Mitigation Measures: No mitigation is required. 4.5(d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact. Human burials have been found throughout the City. The burials outside of a formal cemetery have been found in prehistoric archaeological contexts. Project implementation is not anticipated to disturb any human remains. Since, the City is primarily a built -out area, it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. Future development sites have already been subject to extensive disruption and may contain artificial fill materials. Due to the level of past disturbance JN 10- 105583 41 Initial Study /Negative Declaration W�R� City of Newport Beach � Zoning Code Update = Initial Study /Negative Declaration 9` on the development sites, it is not anticipated that human remains, including those interred outside of formal cemeteries, would be encountered during earth removal or disturbance activities. Additionally, the GPEIR concluded compliance with existing Federal, State, and local policies would ensure that the General Plan's impact on human burial grounds would be reduced to a less than significant level by ensuring appropriate examination, treatment, and protection of human remains, as required by law.19 Notwithstanding, ground- disturbing activities, such as grading or excavation, have the potential to disturb as yet unidentified human remains. If human remains were found, those remains would require proper treatment, in accordance with applicable laws. State of California Public Resources Health and Safety Code Section 7050.5 -7055 describe the general provisions for human remains. Specifically, Health and Safety Code Section 7050.5 describes the requirements if any human remains are accidentally discovered during excavation of a site. As required by State law, the requirements and procedures set forth in Section 5097.98 of the California Public Resources Code would be implemented, including notification of the County Coroner, notification of the Native American Heritage Commission, and consultation with the individual identified by the Native American Heritage Commission to be the "most likely descendant." If human remains are found during excavation, excavation must stop in the vicinity of the find and any area that is reasonably suspected to overly adjacent remains until the County coroner has been called out, and the remains have been investigated and appropriate recommendations have been made for the treatment and disposition of the remains. Following compliance with State regulations, which detail the appropriate actions necessary in the event human remains are encountered, impacts in this regard would be considered less than significant. Mitigation Measures: No mitigation is required. 18 Ibid., Page 4.4 -18, JN 10- 105583 42 Initial Study /Negative Declaration City of Newport Beach • •,� Zoning Code Update ups Initial Study /Negative Declaration �GEp0.NP 4.6 GEOLOGY AND SOILS `i'4'rL& 4Z �. k fiwti R b„ ✓ ii 3k-1 -S 3'+i 'a •" 3 £ h f h R d a i4 �n S^ h. .,,R, 3 ess .,S� ralpit f �' piaet��7 g '�� a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving : 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other T substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground shaking? T 3) Seismic - related ground failure, including liquefaction? T 4) Landslides? T b. Result in substantial soil erosion or the loss of topsoil? T c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on -site or off -site landslide, lateral spreading, subsidence, T liquefaction or colla se? d. Be located on expansive soil, as defined in Table 18 -1 -B of the California Building Code (2001), creating substantial risks to life or T property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers T are not available for the disposal of waste water? Impact Analysis 4.6(a)(1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. The Alquist - Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the hazard of surface faulting to structures for human occupancy. The Act's main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. The Act requires the State Geologist to establish regulatory zones, known as "Earthquake Fault Zones," around the surface traces of active faults and to issue appropriate maps. Local agencies must regulate most development projects within these zones. The City of Newport Beach does not have any State - designated Earthquake Fault Zone .21 2e California Department of Conservation official website, http: / /www.conservation.ca.gov /cgs /rghm/ ap /Pages /affected.aspx. Accessed May 18, 2010. JN 10- 105583 43 Initial Study /Negative Declaration � aEW �Rr o � u, z C"�< /FOM1�`P Mitigation Measures: No mitigation is required. Initial of Newport Beach ning Code Update gative Declaration 4.6(a)(2) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? Less Than Significant Impact. The City is located in the northern part of the Peninsular Ranges Province. This is an area that is exposed to multiple fault zones, such as the Newport- Inglewood fault zone, the Whittier fault zone, the San Joaquin Hills fault zone, and the Elysian park Fault zone. The City would also be subject to movement caused by the San Andreas Fault. Each of these zones has potential to cause ground shaking within the City. Due to the presence of several significant faults, the City is anticipated to experience strong seismic ground shaking. According to the City's General Plan, the City has a probability for ground motion values 43 to 50 percent the force of gravity once every 50 years. This is considered to be in the high to very high range for southern California. The intensity of ground shaking would depend upon the magnitude of the earthquake, distance to the epicenter, and the geology of the area between the epicenter and the City. The future development permitted by the ZCU could expose people or structures to adverse effects involving strong seismic ground shaking. The possibility of moderate to high ground acceleration or shaking in the City may be considered as approximately similar to the Southern California region, as a whole. The GPEIR concluded compliance with applicable regulations and the General Plan policies would ensure that impacts related to strong seismic ground shaking remain at a less than significant level .2' As such, the exposure of people /structures to potential adverse effects involving strong seismic ground shaking from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and/or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that the exposure of people /structures to potential adverse effects involving strong seismic ground shaking is minimized. Numerous controls would be imposed on future development through the permitting process. In general, the City regulates development (and reduces potential seismic hazards) under the requirements of the California Building Code (CBC), which was adopted by the City and known as the Newport Beach Building Code (NBMC Section 15.04.010, Adoption of the Califomia Building Code), the Alquist - Priolo Earthquake Fault Zoning Act, local land use policies, and zoning, and project specific mitigation measures. The effects of ground shaking would be sufficiently mitigated for structures designed and constructed in conformance with current building codes and engineering standards. Moreover, future development would also be subject to compliance with General Plan policies that would serve to ensure geologic hazards such as strong seismic ground shaking are minimized. Namely, Policy S 4.1 requires regular update to building and fire codes to provide for seismic safety and design and Policies S 4.4 and S 4.5 serve to ensure that new development is not located in areas that would be affected by seismic hazards. Given that future development would undergo project -by- project review, be regulated by the CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the exposure of people /structures to strong seismic ground shaking would be less than significant. 2' EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.5 -14. JN 10. 105583 44 Initial Study /Negative Declaration o�aE`�Pr City of Newport Beach e� Zoning Code Update `= Initial Study /Negative Declaration �9<icoaaP Mitigation Measures: No mitigation is required 4.6(a)(3) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic - related ground failure, including liquefaction? Less Than Significant Impact. Liquefaction can occur in loose soils in response to severe ground shaking. Liquefaction susceptibility is based on both geologic and geotechnical data. According to the GPEIR, the City is susceptible to liquefaction and ground failure in the coastline areas, including Balboa Peninsula, Newport Bay, Upper Newport, the lower reaches of major streams in Newport Beach, and the floodplain of the Santa Ana River. The majority of the City's mapped liquefiable area has been built upon. Earthquake- induced landslides of steep slopes occur in either bedrock or soils and can result in undermining of buildings, severe foundation damage and collapse. Hillside areas could pose a potential hazard from earthquake- induced landslides. The central and eastern areas of the City have been identified as vulnerable to seismically induced slope failure. Future development permitted by the ZCU could expose people or structures to adverse effects involving seismic - related liquefaction and /or landslides. However, the GPEIR concluded that compliance with applicable regulations, as well as General Plan policies, would ensure that impacts would be less than significant .22 As such, the exposure of people /structures to potential adverse effects involving seismic - related liquefaction or landslides from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that the exposure of people /structures to potential adverse effects involving seismic - related liquefaction and landslides is minimized. Numerous controls would be imposed on future development through the permitting process. In general, the City regulates development (and reduces potential seismic hazards) under the requirements of the CBC, local land use policies, and zoning, and project specific mitigation measures. Compliance with the CBC standards would require an assessment of hazards related to landslides and liquefaction and the incorporation of design measures into structures to mitigate these hazards. Site - specific geotechnical studies would be required prior to development, in order to determine the soil properties and specific potential for liquefaction. Additionally, development proposed on steep terrain would require site - specific slope stability design, in order to ensure adherence to the standards contained in City Building Code Appendix Chapter A33, Excavation and Grading. The effects of liquefaction and landslides would be sufficiently mitigated for structures designed and constructed in conformance with current CBC and engineering standards. Additionally, the proposed ZCU includes revisions that would avoid or minimize impacts the exposure of people /structures to potential adverse effects involving seismic - related landslides. More specifically, the Bluff Overlay District was added to implement specific General Plan policies that require limiting development to ensure safety. The Fences, Hedges, Walls and Retaining Walls section was revised to limit the height of 22 Ibid., Page 4.5 -15. JN 10.105583 45 Initial Study /Negative Declaration cE agW RpRT o� o City of Newport Beach Zoning Code Update Initial Study /Negative Declaration G<ICOPPt retaining walls and require that they be terraced to help minimize alteration of slopes. Moreover, future development would also be subject to compliance with General Plan policies that would minimize the exposure of people /structures to potential adverse effects involving seismic - related liquefaction and landslides. Namely, Policies S 4.1 through S 4.6 require new development to be in compliance with the most recent seismic and other geologic hazard safety standards, and the protection of community health and safety through the implementation of effective, state of the art standards for seismic design of structures in the City. Given that future development would undergo project -by- project review, be regulated by the CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the exposure of people /structures to seismic - related liquefaction and landslide would be less than significant. Mitigation Measures: No mitigation is required. 4.6(a)(4) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? Less Than Significant Impact. Refer to Response 4.6(a)(3). Mitigation Measures: No mitigation is required. 4.6(b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Most of the City is built -out, therefore topsoil erosion is not an issue in the areas where topsoil is not exposed. However, soil erosion is a concern along the shoreline and for undeveloped areas within the City. Clearing, grading, and excavation associated with future development permitted by the ZCU could expose soils to minimal short-term erosion by wind and water, and loss of topsoil. Specific erosion impacts would depend largely on the areas affected and the length of time soils are subject to conditions that would be affected by erosion processes. However, the GPEIR concluded that compliance with applicable regulations, as well as General Plan policies, would ensure that impacts would be less than significant. 23 As such, soil erosion impacts from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that substantial soil erosion would not occur. Compliance with NBMC Chapter 15.10, Excavation and Grading Code, would be required. Chapter 15.10 sets forth rules and regulations to control excavation, grading, drainage conditions, erosion control, earthwork construction, and the use of earth materials as a structural component; and provides for the approval of plans and inspection of grading construction and drainage control. Additionally, the proposed ZCU includes revisions that would minimize soil erosion. Namely, the ZCU adds the Landscaping Standards chapter, which provides landscape standards to control soil erosion. 23 Ibid., Page 4.5 -16. JN 10- 105583 46 Initial Study /Negative Declaration aEV voRr City of Newport Beach Zoning Code Update Initial Study /Negative Declaration G[lFORNP All demolition and construction activities within the City would be subject to compliance with the CBC, as follows: CBC Chapter 70. Standards that would ensure implementation of appropriate measures during grading activities to reduce soil erosion. CBC Chapter 33. Regulates excavation activities and the construction of foundations. • CBC Appendix Chapter 33. Regulates grading activities, including drainage and erosion control. Project sites encompassing an area of one or more acres would require compliance with a National Pollutant Discharge Elimination System (NPDES) permit and consequently the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP); refer to Response 4.9(a) below. Moreover, future development would be subject to compliance with General Plan policies that would ensure that new development would not result in substantial soil erosion or loss of topsoil. More specifically, Policies NR 3.11, NR 3.12, and NR 3.13 would require compliance with applicable local, State, or Federal laws, ensuring maximum practicable protection available for soils excavated during the construction and building associated with infrastructure. Given that future development would undergo project -by- project review, be regulated by the CBC, NBMC, and NPDES, and be subject to compliance with General Plan policies, impacts involving soil erosion would be less than significant. Mitigation Measures: No mitigation is required. 4.6(c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in an on -site or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. The majority of the City is underlain by compressible soils. Other soils in the City are low- density and /or manmade. The low- density soils are susceptible to liquefaction if sandy in nature and saturated in water. Manmade fill areas can be expansive depending on the type of fill used. The City is also underlain by geologic units, both surficial soils and bedrock that have fine- grained components that are moderate to highly expansive. Fine - grained soils are susceptible to expansion due to the clay components. Future discretionary development permitted by the ZCU could be located on an unstable geologic unit or soil, resulting in collapse, subsidence, differential settlement, lateral spreading, or heaving. However, the GPEIR concluded that compliance with Code requirements and General Plan policies would ensure that impacts would be less than significant.24 As such, the exposure of people /structures to potential adverse effects involving unstable geologic units /soils from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future development would undergo environmental and/or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that the exposure of people /structures to potential adverse effects involving unstable geologic 24Ibid., Page 4.5-17. JN 10- 105583 47 Initial Study /Negative Declaration Al aEWPpRT o� o City of Newport Beach Zoning Code Update )= Initial Study /Negative Declaration 9 units is minimized. An acceptable degree of soil stability can be achieved for expansive or compressible material through compliance with the CBC requirements. Also, a site - specific evaluation of soil conditions is required by the City Building Code and must contain recommendations for ground preparation and earthwork specific to the site, that become an integral part of the construction design. As part of the construction permitting process, the City requires completed reports of soil conditions at specific construction sites to identify potentially unsuitable soil conditions. Moreover, future development would be subject to compliance with General Plan policies that would minimize the exposure of people /structures to potential adverse effects involving unstable geologic units/soils. Policies S 4.1 through S 4.6 require new development to be in compliance with the most recent seismic and other geologic hazard safety standards. More specifically, compliance with Policies S 4.4 and S 4.6 would serve to ensure that development is not located on unstable soils or geologic units. Given that future development would undergo project -by- project review, be regulated by the CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the exposure of people /structures to unstable geologic units /soils would be less than significant. Mitigation Measures: No mitigation is required. 4.6(d) Be located on expansive soil, as defined in Table 18 -1 -B of the California Building Code (2001), creating substantial risks to life or property? Less Than Significant Impact. Expansive soils have a significant amount of clay particles that give up water (shrink) or take on water (swell). The change in volume exerts stress on buildings and other loads placed on these soils. The City is underlain by materials that have a low to moderate expansion potential. The variation in expansion potential depends on the geologic or soil type present. Future development permitted by the ZCU could be located on expansive soils, creating substantial risk to life /property. However, the GPEIR concluded that compliance with Code requirements and General Plan policies would ensure that impacts would be less than significant.25 As such, the creation of substantial risk to life /property involving expansive soils from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in addition to the requirements of the CBC and NBMC in order to ensure that risk to life /property from expansive soils is minimized. As part of the construction permitting process, the City requires completed reports of soil conditions at specific construction sites to identify potentially unsuitable soil conditions. The design of foundation support must conform to the analysis and implementation criteria described in CBC Chapter 15. Moreover, future development would be subject to compliance with General Plan Policies S 4.4 and S 4.6, which would serve to ensure that development is not located on unstable soils or geologic units. Given that future development would undergo project -by- project review, be regulated by the CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the creation of substantial risk to life /property from expansive soils would be less than significant. 25 Ibid., Page 4.5 -18. JN 10- 105583 48 Initial Study /Negative Declaration N ��aF.`X'PpRT �°<iroaN.r Mitigation Measures: No mitigation is required City of Newport Beach Zoning Code Update Initial Study /Negative Declaration 4.6(e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. Any future development would connect to the City's existing waste disposal system. Therefore, future projects would not involve the use of septic tanks or alternative wastewater disposal systems. Mitigation Measures: No mitigation is required JN 10- 105583 49 Initial Study /Negative Declaration P A j SEW PART o� City of Newport Beach '•�,,� Zoning Code Update = Initial Study /Negative Declaration �IF This page intentionally left blank JN 10- 105583 50 Initial Study /Negative Declaration n5alllcs� City of Newport Beach Zoning Code Update Initial Study /Negative Declaration. 4.7 GREENHOUSE GAS EMISSIONS "MM M0,11 �A /d�reP�7e�'�ra*"' spa bra '"r'8f�nrfican '' 4 Srgnficant a. Generate greenhouse gas emissions, either directly or indirectly, ,t, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? T Impact Analysis 4.7(a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. Greenhouse gases (GHGs) are gases in the atmosphere that absorb and emit radiation. The greenhouse effect traps heat in the troposphere through the following three -fold process: short wave radiation emitted by the Sun is absorbed by the Earth; the Earth emits a portion of this energy in the form of long wave radiation; and GHGs in the upper atmosphere absorb this long wave radiation and emit this long wave radiation into space and toward the Earth. This "trapping" of the long wave (thermal) radiation emitted back toward the Earth is the underlying process of the greenhouse effect. The main GHGs in the Earth's atmosphere are water vapor, carbon dioxide (COA methane (CHA nitrous oxide (N20), ozone (03), hydrofluorocarbons (HCFs), perfluorocarbons (PFCs), and sulfur hexafluoride (SFG). Direct GHG emissions include emissions from construction activities, area sources, and mobile (vehicle) sources. Typically, mobile sources make up the majority of direct emissions. Indirect GHG emissions are generated by incremental electricity consumption and waste generation. Electricity consumption is responsible for the majority of indirect emissions. Regulatory Environment In June 2005, Governor Schwarzenegger established California's GHG emissions reduction targets in Executive Order S -3 -05. The Executive Order established the following goals: • GHG emissions should be reduced to 2000 levels by 2010; • GHG emissions should be reduced to 1990 levels by 2020; and • GHG emissions should be reduced to 80 percent below 1990 levels by 2050. California further solidified its dedication to reducing GHGs by setting a new Low Carbon Fuel Standard for transportation fuels sold within the State in 2007 with Executive Order S -1 -07. Executive Order S -1 -07 sets a declining standard for GHG emissions measured in CO2 equivalent gram per unit of fuel energy sold in California. JN 10- 105583 51 Initial Study /Negative Declaration �aEW'Oa, 0 0 ,P �<IGO �N City of Newport Beach Zoning Code Update Initial Study /Negative Declaration In response to the transportation sector accounting for more than half of California's COZ emissions, Assembly Bill (AB) 1493 (AB 1493, Pavley) was enacted on July 22, 2002. AB 1493 required the California Air Resources Board (CARB) to set GHG emission standards for passenger vehicles, light duty trucks, and other vehicles whose primary use is noncommercial personal transportation in the State. Additionally, the California legislature enacted AB 32 (AB 32, Nunez) in 2006 to further the goals of Executive Order S -3 -05. AB 32 represents the first enforceable statewide program to limit GHG emissions from all major industries, with penalties for noncompliance. CARB adopted the AB 32 Climate Change Scoping Plan (Scoping Plan) in December 2008 to achieve reductions in GHG emissions in California pursuant to the requirements of AB 32. The Scoping Plan contains the main strategies California will use to reduce GHG emissions. AB 32 requires California to reduce its GHG emissions by approximately 28 to 33 percent below business as usual. CARB has identified reduction measures to achieve this goal as set forth in the Scoping Plan. Per the Attorney General's Office, their recommended General Plan measures will reduce GHG emissions and the effects of climate change .2' Additionally, the Climate Action Team Report to Governor Schwartzenegger at the Legislature (CAT Report) provides "overarching recommendations considered essential by the (Climate Action Team) in meeting the statewide climate change emissions reduction targets' and "lays out a path forward to ensure that California's climate change emission reduction targets are met." The CAT Report identifies strategies designed to reduce California's GHG emissions and meet AB 32 and Executive Order S -3 -05 goals. Therefore, compliance with all applicable CAT Report strategies and Attorney General's General Plan recommendations would ensure the proposed Project would help achieve the AB 32 and Executive Order S -3 -05 goals to reduce GHG emissions for California. Construction Emissions CEQA does not require an agency to evaluate an impact that is "too speculative ", provided that the agency identifies the impact, engages in a "thorough investigation" but is "unable to resolve an issue ", and then discloses its conclusion that the impact is too speculative for evaluation. (CEQA Guidelines Section 15145, Office of Planning and Research Commentary). Pursuant to CEQA Guidelines Section 15146(b): An E1R on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the adoption or amendment, but the E1R need not be as detailed as an E1R on the specific construction projects that might follow. Construction of future development permitted by the ZCU would result in GHG emission from the use of construction equipment. However, details of these future construction activities are unknown at this time, and therefore, cannot be quantified. Compliance with General Plan Policies NR 8.1 to NR 8.5 would serve to reduce air emissions from construction activities. Therefore, compliance with GP Policies and standard SCAQMD regulations would reduce construction - related GHG emissions associated with future development to a level below "business as usual." 21 California Office of the Attorney General, Sustainability and General Plans: Examples of Policies to Address Climate Change, updated January 22, 2010. JN 10. 105583 52 Initial Study /Negative Declaration �gWPORT o� City of Newport Beach p °�^ Zoning Code Update u, Initial Study /Negative Declaration �94�a R�f Operational Impacts Area sources include emissions from natural gas combustion, hearth (wood stove /fireplaces), landscaping equipment, consumer products, and architectural coatings. Indirect sources include emissions from energy consumption and water conveyance. Mobile sources include emission from passenger vehicles and delivery trucks. Typically, mobile sources are the primary contributor of GHG emissions. However, consistent with the General Plan, the ZCU would discourage sprawl, promote mixed use development, and encourage public transportation. General Plan Policies NR 6.1 to 6.9, LU 5.3.1 to 5.3.3, 6.14.5, and 6.15.9, CE 5.1.1 to 5.1.16, and 6.2.1 to 6.2.3 are intended to reduce vehicle miles traveled and mobile source emissions by promoting mixed use development and encouraging alternative transportation modes (i.e., public transit, pedestrian, and bicycle). Also, General Plan Policies NR 1.1 to 1.5 address water conservation, and Policies NR 24.1 to 24.5 address energy efficiency and conservation. Additionally, the ZCU proposes residential use densities and non - residential use intensities within the various zoning districts that would be no greater than allowed by the GP Land Use Element. Therefore, compliance with GP Policies would reduce GHG emissions associated with future development allowed under the ZCU to below "business as usual" levels. Compliance with the Attorney General's Recommendations The California Office of the Attorney General has established recommended measures for projects to mitigate GHG emissions at the plan level.27 A list of the Attorney General's recommended measures and the project's compliance with each measure are listed in Table 4.7- 1, Proiect Compliance with the Attorney General's Recommendations. As noted above, ZCU consistency with GP Policies and existing regulations would reduce GHG emissions associated with future development permitted by the ZCU to a level below "business as usual." General Plan Policies establish smart growth principles, which would allow for mixed -use development, and would serve to reduce mobile source GHG emissions by encouraging alternative transportation modes that would result in a decrease in auto dependency and vehicle miles traveled. GP Policies would also serve to reduce GHG emissions associated with future development under the ZCU through energy and water efficiency and conservation measures. The ZCU would result in GHG emissions below "business as usual" levels. Therefore, the proposed ZCU would not generate GHG emissions that would substantially impact the environment, and the GHG reduction goals of AB 32 would not be hindered. A less than significant impact would occur in this regard. 4.7(b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. The City of Newport Beach does not have an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. As stated in Response 4.7(a), the General Plan Natural Resources, Land Use, and Circulation Elements include goals and policies addressing smart land use decisions, the reduction of vehicle miles traveled, and energy efficiency and conservation. Although the City does not have an applicable " Ibid. JN 10- 105583 53 Initial Study /Negative Declaration City of Newport Beach Zoning Code Update Initial Study /Negative Declaration GpcoaN•P plan, policy, or regulation adopted for the purpose of reducing GHG emissions, the sustainable development goals and policies established within the GP would result in GHG emissions below "business as usual" levels. Therefore, a less than significant impact would occur. Table 4.7 -1 Project Compliance with the Attorney General's Recommendations rneral'ecommeadeds ea r u... ,. Z.= 2 ., , „rxa Smart growth, jobs /housing balance, transit - oriented Compliant. The proposed ZCU would be consistent with GP development, and infill development through land use Policies LU 5.3.1 to 5.3.3, 6.14.5, and 6.15.9, which address designations, incentives and fees, zoning, and public - private smart growth and mixed use developments. partnerships. Create transit, bicycle, and pedestrian connections through Compliant. The GP LU Policies referenced above would planning, funding, development requirements, incentives and serve to create opportunities for pedestrian friendly regional cooperation; create disincentives for auto use. developments that would result in a decrease in auto dependency. Also, Policies CE 5.1.1 to 5.1.16 and 6.2.1 to 6.2.3 would encourage alternative modes of transportation on the local and regional scale including pedestrian, bicycle, and transit, which would reduce vehicle miles traveled. Energy- and water - efficient buildings and landscaping through Compliant. The ZCU would be consistent with GP Policies ordinances, development fees, incentives, project timing NR 1.1 to 1.5, which address energy and water conservation prioritization, and other implementing tools. and efficient design features. Compliance with Policies NR 1.1 to 1.5 would result in reduced GHG emissions. Waste diversion, recycling, water efficiency, energy efficiency Compliant. The ZCU would be consistent with GP Policies and energy recovery in cooperation with public services NR 24.5, which allows for new methane extraction activities in districts and private entities. the City. Also, although the GP does not include Policies regarding solid waste, the City maintains a 52 percent diversion rate from Orange County landfills. The City has one composting facility, five recycling programs, and six programs specializing in source reduction. Additionally, the GP states that the City recycles over 25 percent of its residential waste stream, as well as 100 percent of the concrete, asphalt, and green and brown wastes generated by City operations. Urban and rural forestry through tree planting requirements Compliant. The ZCU would be consistent with Municipal and programs; preservation of agricultural land and resources Code Sections 13.08, Planting, and 13.09, Parkway Trees, that sequester carbon; heat island reduction programs, which include standards for tree planting, preservation, removal, and relocation. Also, the City's Street Trees Division is responsible for the maintenance and care of City trees, and the enforcement of the City's Tree Codes and Policies. Regional cooperation to find cross - regional efficiencies in GHG Compliant. Refer to responses above. reduction investments and to plan for regional transit, energy eneration, and waste recovery facilities. Source: California Office of the Attorney General, Sustainability and General Plans: Examples of Policies to Address Climate Change, updated January 22, 2010. JN 10405583 54 Initial Study /Negative Declaration a 4.8 HAZARDS AND HAZARDOUS MATERIALS City of Newport Beach Zoning Code Update Initial Study /Negative Declaration Impact Analysis 4.8(a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. Many types of businesses utilize various chemicals and hazardous materials, and their routine business operations involve chemicals that are manufactured, warehoused, or transported. Currently, there are a variety of existing business operations in the City (commercial and industrial) that use, store, or transport hazardous substances, as well as generate hazardous waste. The secondary activities that would occur with residential, commercial, and industrial uses (e.g., building and landscape maintenance) would also involve the use of hazardous materials. Under the proposed ZCU, existing commercial zoning districts (RSC, RMC and APF) have been diversified. The existing retail districts (RSC and some RMC areas) are proposed CC (Commercial Corridor), CG Commercial General), CN (Commercial Neighborhood), CM (Commercial Recreational and Marine), and CV (Commercial Visitor - Serving). The existing office zoning district (APF) is proposed OA (Office — Airport), OG (Office — General), OM (Office — JN 10. 105583 55 Initial Study /Negative Declaration �x rte" rx t �yfiy a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous T materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions T involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile T of an existing or proposed school? d. Be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and, as a result, would it create a significant hazard to T the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ,I, public use airport, would the project result in a safety hazard for le residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in T the project area? g. Impair implementation of or physically interfere with an adopted ,I, emergency response plan or emergency evacuation plan? K.— Expose people or structures to a significant risk of loss, injury or death involving vnldland fires, including where wildlands are ,r adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Analysis 4.8(a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. Many types of businesses utilize various chemicals and hazardous materials, and their routine business operations involve chemicals that are manufactured, warehoused, or transported. Currently, there are a variety of existing business operations in the City (commercial and industrial) that use, store, or transport hazardous substances, as well as generate hazardous waste. The secondary activities that would occur with residential, commercial, and industrial uses (e.g., building and landscape maintenance) would also involve the use of hazardous materials. Under the proposed ZCU, existing commercial zoning districts (RSC, RMC and APF) have been diversified. The existing retail districts (RSC and some RMC areas) are proposed CC (Commercial Corridor), CG Commercial General), CN (Commercial Neighborhood), CM (Commercial Recreational and Marine), and CV (Commercial Visitor - Serving). The existing office zoning district (APF) is proposed OA (Office — Airport), OG (Office — General), OM (Office — JN 10. 105583 55 Initial Study /Negative Declaration �`' \•l�n - City of Newport Beach Zoning Code Update u it Initial Study /Negative Declaration N` Medical), and OR (Office — Regional). Additionally, the existing industrial zoning districts (M -1, M- 1-A and IBP) are proposed to condense into the IG (Industrial Zoning District). Therefore, both residential and non - residential development permitted by the ZCU could require or engage in operations that involve the routine transport, use, or disposal of hazardous materials, potentially creating a significant hazard to the public and/or environment. The types and quantities of hazardous materials utilized by the various types of businesses that could locate in the City would vary and, as a result, the nature of potential hazards would also be varied. However, the GPEIR concluded oversight by the appropriate Federal, State, and local agencies and compliance by new development with applicable regulations related to the handling and storage of hazardous materials would minimize the risk of the public's potential exposure to these substances, resulting in less than significant impacts .28 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts involving the routine transport, use, or disposal of hazardous materials from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to minimize risks involving the routine transport, use, or disposal of hazardous materials. While the risk of exposure to hazardous materials cannot be eliminated, measures can be implemented to maintain risk to acceptable levels. All future development within the City would be subject to compliance with existing regulations, standards, and guidelines established by the Federal, State, and local agencies related to storage, use, and disposal of hazardous materials. Specifically, future development within the City would be subject to compliance with the environmental programs administered by the Orange County Health Care Agency or the Orange County Fire Authority. The Hazardous Waste Inspection Program requires that all hazardous wastes that would be generated by City businesses be properly handled, recycled, treated, stored, and disposed. Compliance with the Underground Storage Tank Inspection Program would ensure that hazardous materials stored in underground tanks are not released into the groundwater and /or the environment, and compliance with the Aboveground Petroleum Storage Tank (APST) Program would protect people and natural resources from aboveground petroleum storage tank spills or releases. Compliance with the Hazardous Materials Disclosure /Business Plan Program requires a chemical inventory form (on a Hazardous Materials Disclosure Form) to disclose hazardous materials stored, used, or handled on site. Additionally, preparation of a Business Emergency Plan (BEP) would be required, in order to assure that businesses have appropriate procedures and policies in place, and employees and contractors have adequate training for responding to a hazardous materials incident at the facility. Compliance with these programs would assist in mitigating a release or threatened release of a hazardous material and minimize any potential harm or damage to human health or the environment. Compliance with the City's Emergency Operations Plan would also be required. Future development would also be subject to compliance with General Plan policies that would minimize potential impacts involving the routine transport, use, storage, or disposal of hazardous materials. Namely, Policy S 7.3 would serve to educate residents and businesses about how to reduce or eliminate their use of hazardous materials. Policy S 7.6 requires that all users, 28 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.6 -19. JN 10- 105583 56 Initial Study /Negative Declaration > City of Newport Beach agW PpR O m Zoning Code Update `= Initial Study /Negative Declaration producers, and transporters of hazardous materials and wastes clearly identify the materials that they store, use, or transport, and to notify the appropriate City, County, State and Federal agencies in the event of a violation. Given that future development would undergo project -by- project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, impacts involving the routine transport, use, storage, or disposal of hazardous materials would be less than significant. Mitigation Measures: No mitigation is required. 4.8(b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. Human exposure to hazardous substance could occur through accidental release. Incidents that result in an accidental release of hazardous substance into the environment can cause contamination of soil, surface water, and groundwater, in addition to any toxic fumes that might be generated. If not cleaned up immediately and completely, the hazardous substances can migrate into the soil or enter a local stream or channel causing contamination of soil and water. Human exposure of contaminated soil or water can have potential health effects on a variety of factors, including the nature of the contaminant and the degree of exposure. Short -Tenn Accidental Release of Hazardous Materials Short-term construction related activities associated with future development permitted by the ZCU could release hazardous materials into the environment through reasonably foreseeable upset and accident conditions. Hazardous material issues may exist relating to commercial /industrial sites and old buildings. Demolition. Existing structures may need to be demolished prior to construction of new buildings. Demolition of structures could expose construction personnel and the public to hazardous substances such as asbestos containing materials (ACM) or lead -based paints (LBP), depending on the age of the structure. Further, the potential exists that construction activities may release potential contaminants that may be present in building materials (e.g., mold, lead, etc.). Federal and State regulations govern the renovation and demolition of structures where ACMs and LBPs are present. All demolition that could result in the release of ACMs or LBPs must be conducted according to Federal and State standards. The National Emission Standards for Hazardous Air Pollutants (NESHAP) mandates that building owners conduct an asbestos survey to determine the presence of ACMs prior to the commencement of any remedial work, including demolition. If ACM material is found, abatement of asbestos would be required prior to any demolition activities. Compliance with the recommended mitigation regarding the requirement for an asbestos survey and asbestos abatement, as well as compliance with SCAQMD Rule 1403, would reduce potential impacts to a less than significant level. Soil and Groundwater Contamination in Unknown Contaminated Sites. Grading and excavation for future development could expose construction workers and the public to unidentified hazardous substances present in the soil or groundwater. Exposure to contaminants could occur if the contaminants migrated to surrounding areas or if contaminated zones were disturbed at the contaminated location. Exposure to hazardous substances is considered potentially significant. JN 10- 105583 57 Initial Study /Negative Declaration F NgvVPDRT o <�o i- 3l � City of Newport Beach Zoning Code Update Initial Study/Negative Declaration Additionally, the potential exists for unidentified underground storage tanks (USTs) to be present on a development site. Removal activities could pose risks to workers and the public. Potential risks would be minimized by managing the tank according to existing Orange County Health Care Agency's standards. Potential impacts to groundwater would be dependant on the type of contaminant, the amount released, and depth to groundwater at the time of the release. Long -Tenn Accidental Release of Hazardous Materials Long -term operations of future land uses permitted by the ZCU could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The specific potential future increase in the amount of hazardous materials transported within and through the City, as a result of future development cannot be predicted, since specific development projects are not identified. Typical incidents that could result in accidental release of hazardous materials involve: • Leaking underground storage tanks; • Spills during transport; • Inappropriate storage; • Inappropriate use; and /or • Natural disasters. If not cleaned up immediately and completely, these and other types of incidents could cause contamination of soil, surface water, and groundwater, in addition to any toxic fumes that might be generated. Depending on the nature and extent of the contamination, groundwater supplies could become unsuitable for use as a domestic water source. Human exposure to contaminated soil or water could have potential health effects depending on a variety of factors, including the nature of the contaminant and the degree of exposure. Leaking Storage Tanks. Chemicals and wastes stored in aboveground or underground storage tanks would follow guidelines mandated by the California State Water Resources Control Board. Compliance with the Underground Storage Tank Inspection Program would ensure that hazardous materials stored in underground tanks are not released into the groundwater and /or the environment, and compliance with the Aboveground Petroleum Storage Tank (APST) Program would protect people and natural resources from aboveground petroleum storage tank spills or releases. Off -Site Transport. Transportation of hazardous materials can result in accidental spills, leaks, toxic releases, fire, or explosion. The potential exists for licensed vendors to transport hazardous materials to and from the City's new commercial sites. Accidental releases would most likely occur in the commercial areas /industrial areas and along transport routes leading to and from these areas. The USDOT Office of Hazardous Materials Safety prescribes strict regulations for the safe transportation of hazardous materials, as described in Title 49 of the Code of Federal Regulations, and implemented by Title 13 of the CCR. Storage and Use /Handling. Hazardous materials must be stored in designated areas designed to prevent accidental release to the environment. California Building Code (CBC) requirements prescribe safe accommodations for materials that present a moderate explosion hazard, high fire or physical hazard, or health hazards. Compliance with all applicable Federal, State, and local JN 10- 105583 58 - Initial Study/Negative Declaration dEW �Rr o� o City of Newport Beach Zoning Code Update = Initial Study /Negative Declaration G< /FOPN laws related to the storage of hazardous materials would be required to maximize containment and provide for prompt and effective clean -up, if an accidental release occurs. Hazardous materials use /handling would present a slightly greater risk of accident than hazardous materials storage. However, for those employees who would work with hazardous materials, the amount of hazardous materials that are handled at any one time are generally relatively small, reducing the potential consequences of an accident during handling. All future development within the City would be subject to compliance with the CalARP, which requires any business that handles more than threshold quantities of a Regulated Substance (RS) to develop a Risk Management Plan (RMP). The RMP is implemented by the business to prevent or mitigate releases of regulated substances that could have off -site consequences. Additionally, as discussed above, all future development within the City would be subject to compliance with the Hazardous Waste Inspection Program, which requires that all hazardous wastes that would be generated by Newport Beach businesses be properly handled, recycled, treated, stored, and disposed. Compliance with the Hazardous Materials Disclosure /Business Plan Program requires a chemical inventory form (on a Hazardous Materials Disclosure Form) to disclose hazardous materials stored, used, or handled on site. Emergency Response. Preparation of a Business Emergency Plan (BEP) would be required, in order to assure that businesses have appropriate procedures and policies in place, and employees and contractors have adequate training for responding to a hazardous materials incident at the facility. Compliance with these programs would assist in mitigating a release or threatened release of a hazardous material and minimize any potential harm or damage to human health or the environment. Compliance with the City's Emergency Operations Plan would also be required. The Orange County Fire Authority Haz -Mat personnel would respond to hazardous materials incidents. Major hazardous materials accidents associated with industrial and retail - commercial uses are infrequent, and it is not anticipated additional emergency response capabilities would be necessary, in order to respond to the potential incremental increase in the number of incidents that could result from future development within the City. The GPEIR concluded compliance with existing regulations and General Plan policies, and implementation of established safety practices, procedures, and reporting requirements, would ensure that construction workers and the general public would not be exposed to any unusual or excessive risks related to hazardous materials during construction activities, and reduce the risk of upset involving routine hazardous materials use, transportation, and handling. Impacts were concluded as less than significant .29 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts associated with the creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. "Ibid., Page 4.6 -22 and 23. JN 10- 105583 59 Initial Study /Negative Declaration �Rr o� o City of Newport Beach ,, '•,,� Zoning Code Update '= Initial Study /Negative Declaration Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to minimize risks due to reasonably foreseeable upset and accident conditions involving the release of hazardous materials. While the risk of exposure to hazardous materials cannot be eliminated, measures can be implemented to maintain risk to acceptable levels. Oversight by the appropriate agencies and compliance with measures established by Federal, State, and local regulatory agencies is considered adequate to offset the negative effects related to the reasonably foreseeable upset and accident conditions involving the release of hazardous materials in the City. Future development would also be subject to compliance with General Plan policies that would minimize potential impacts involving hazardous materials; refer to Response 4.8(a). Given that future development would undergo project -by- project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, impacts due to the creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment would be less than significant. Mitigation Measures: No mitigation is required. 4.8(c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Less Than Significant Impact There are schools located throughout the City of Newport Beach. As discussed in Response 4.7.a, construction and operations of various uses permitted by the ZCU could involve the routine use of hazardous materials. Hazardous materials could be used during construction of commercial uses within the City, including the use of standard construction materials, cleaning and other maintenance products, and diesel and other fuels. Additionally, future commercial development may include businesses that utilize chemicals and hazardous materials, and their routine business operations involve chemicals that are manufactured, warehoused, or transported. The secondary activities that would occur with commercial and residential uses (e.g., building and landscape maintenance) would also involve the use of hazardous materials. Therefore, the possibility exists that construction or routine operations associated with future development in the City would involve transport, use, or disposal of hazardous materials, within one - quarter mile of an existing school. The GPEIR concluded compliance with the provisions of the City's Fire Code and implementation of General Plan policies would minimize the risks associated with the exposure of sensitive receptors (i.e., schools) to hazardous materials. This impact would be less than significant.30 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts from future development permitted by the ZCU associated with hazardous emissions or hazardous materials in proximity to a school were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Although hazardous materials and waste generated from future development may pose a health risk to nearby schools, disclosure to the OCFA (on a Hazardous Materials Disclosure Form) is 30Ibid., Page 4.6 -26. JN 10- 106683 60 Initial Study /Negative Declaration �gwaogT o° City of Newport Beach Zoning Code Update Initial Study /Negative Declaration required for any business that uses, handles, or stores hazardous materials or waste materials equal to or in excess of the basic quantities. Among other requirements, businesses must also prepare a BEP, in order to ensure that businesses have appropriate procedures and policies in place, and employees and contractors have adequate training for responding to a hazardous materials incident at the facility. The short- and long -term transport, use, and disposal of hazardous materials would be subject to a wide range of laws and regulations intended to minimize potential health risks associated with their use or the accidental release of such substances. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU. Oversight by the appropriate agencies and compliance with measures established by Federal, State, and local regulatory agencies is considered adequate to offset the negative effects associated with the exposure of sensitive receptors (i.e., schools) to hazardous materials. Future development would also be subject to compliance with General Plan policies that would minimize potential impacts involving hazardous materials; refer to Responses 4.8(a) and 4.8(b). Given that future development would undergo project -by- project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, potential impacts involving hazardous emissions or hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school would be less than significant. Mitigation Measures: No mitigation is required. 4.8(d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less Than Significant impact. According to GPEIR Section 4.6, there are various hazardous material sites located within the City. Potential hazards to construction workers and the public may occur from construction activities on existing sites that may be contaminated; refer to Response 4.8(b). Future development of any of these documented hazardous materials sites would require prior remediation and cleanup under the supervision of the DTSC, in order to meet Federal, State, and local standards. Since the proposed ZCU does not include any specific development projects, future development would be evaluated on a project -by- project basis to determine if such sites are listed on a current regulatory hazardous materials site list. The GPEIR concluded compliance with the established regulations and implementation of General Plan policies would minimize the risks associated with development of contaminated site, and impact would be less than significant .31 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts from future development permitted by the ZCU involving contaminated sites were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. 31 Ibid., Page 4.6-26. JN 10- 105583 61 Initial Study /Negative Declaration ,� dEW ART o �e u ,ls CRIFOPNJ City of Newport Beach Zoning Code Update Initial Study /Negative Declaration Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to minimize risks involving development of a contaminated site. Development of these sites would be required to undergo remediation and cleanup under DTSC and the SARWQCB before construction activities can begin. Future development would also be subject to compliance with General Plan policies. Namely, Policy S 7.1 requires proponents of projects in known areas of contamination from oil operations or other uses to perform comprehensive soil and groundwater contamination assessments in accordance with American Society for Testing and Materials standards. Given that future development would undergo project -by- project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, potential impacts involving development on a contaminated site would be less than significant. Mitigation Measures: No mitigation is required. 4.8(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less Than Significant Impact. The southeastern portion of John Wayne Airport borders the City of Newport Beach. Additionally, the City lies under the arrival traffic pattern for the Long Beach Airport. While aviation accidents with one or more fatalities are rare events, development permitted by the ZCU could expose people residing or working in the City to aviation hazards from local airports. The GPEIR concluded compliance with existing regulations and General Plan policies, and utilization of the California Airport Land Use Planning Handbook for new development within JWA land use boundaries would minimize impacts associated with JWA operations on surrounding land uses, and impacts would be less than significant. 32 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to future development involving aviation hazards were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that potential impacts involving aviation hazards are minimized. All land uses surrounding JWA would be subject to the land use standards established in the City's Municipal Code and the Airport Land Use Commission's (ALUC) JWA "Airport Environs Land Use Plan" ( AELUP). The AELUP vicinity height guidelines would protect public safety, health, and welfare by ensuring that aircraft could fly safely in the airspace around the airport. Additionally, the California Airport Land Use Planning Handbook would be utilized in the preparation of environmental documents for all new development located within the AELUP boundaries. The Handbook establishes statewide requirements for the conduct of airport land use compatibility planning, and provides compatibility planning guidance to ALUCs, their staffs and consultants, the 12Ibid., Page 4.6-29. JN 10- 105583 62 Initial Study /Negative Declaration oe`'�WPORT _ City of Newport Beach ' Zoning Code Update "2 Initial Study /Negative Declaration Cg4FOM1�,P counties and cities having jurisdiction over airport area land uses, and airport proprietors. The City's Emergency Management Plan also establishes safety procedures with respect to aviation hazards. Future development would also be subject to compliance with General Plan policies that would minimize impacts involving aviation - related hazards. Namely, General Plan Policies S 8.1 though S 8.4 would ensure preparation and minimize risk in the case of an aviation accident. LU Policy 6.15.24 requires that all development be constructed within the height limits and residential uses be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the AELUP, unless the City Council makes appropriate findings for an override in accordance with applicable law. Given that future development would undergo project -by- project review, and be subject to compliance with the established regulations and General Plan policies, impacts involving aviation - related hazards would be less than significant. Mitigation Measures: No mitigation is required. 4.8(f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. There are no private airstrips located within the City of Newport Beach. Development permitted by the ZCU would not expose people residing or working in the City to aviation hazards from a private airstrip. Mitigation Measures: No mitigation is required. 4.8(g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. Future development permitted by the ZCU could increase traffic volumes and may impede the rate of evacuation, in the event of an accident or natural disaster. The GPEIR concluded compliance with the General Plan policies would reduce impacts associated with emergency response and evacuation in the City to a less than significant level .33 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to future development associated with emergency response and evacuation were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that potential impacts involving aviation hazards are minimized. Additionally, the City would continue to implement its Emergency Management Plan, which guides the City's response to extraordinary emergency situations. Moreover, General Plan Policies S 9.1, S 9.2, and S 9.3 would serve to ensure that the City's Emergency Management Plan is regularly updated, provides for efficient and orderly citywide evacuation, and also ensures that emergency services personnel are familiar with the relevant response plans applicable to the City. Given that future development would undergo project -by- project review, and be subject to the City's EMP and General Plan policies, impacts involving emergency response and evacuation would be less than significant. 33 Ibid., Page 4.6 -29. JN 10- 105583 63 Initial Study /Negative Declaration �FW�RT o e City Newport peach Zoning Code Update Initial Study /Negative Declaration GtrOaNS Mitigation Measures: No mitigation is required 4.8(h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than Significant Impact. Areas susceptible to wildland fires are located in the eastern portions of the City, as well as surrounding areas to the north, east, and southeast. Future development permitted by the ZCU could increase residential or commercial development in areas susceptible to wildland fires, exposing people or structures to a significant risk. The GPEIR concluded compliance with the General Plan policies would reduce impacts associated with the exposure of people and structures to risk involving wildland fires to a less than significant level.34 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densitiesfintensities that were not included in the GP. As such, potential impacts to future development associated with the exposure to wildland fires were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that potential impacts involving the exposure to wildland fires is minimized. In areas susceptible to wildland fires, land development is governed by special State and local codes, and property owners are required to follow maintenance guidelines aimed at reducing the amount and continuity of the fuel (vegetation) available. The City also maintains hazard reduction standards, which regulate landscaping, firewood storage, debris clearing from rooftops, and other fire hazard reduction techniques. Moreover, compliance with General Plan Policies S 6.1 to S 6.9 would serve to reduce the threat of fire hazards within the City. In particular, Policy S 6.2 would implement hazard reduction, fuel modification, and other methods to reduce wildfire hazards. Given that future development would undergo project -by- project review, and be subject to compliance with the General Plan policies, potential impacts involving the exposure of people and structures to risk from wildland fires would be less than significant. Mitigation Measures: No mitigation is required. 34 Ibid., Page 4.6 -30. JN 10- 106583 64 Initial Study /Negative Declaration agwAOgr o� m City of Newport Beach Zoning Code Update i Initial Study /Negative Declaration �trsoaa•P 4.9 HYDROLOGY AND WATER QUALITY Impact Analysis 4.9(a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. As part of Section 402 of the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has established regulations under the National Pollution Discharge Elimination System ( NPDES) program to control direct storm water discharges. In California, the State Water Resources Control Board ( SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. The NPDES program regulates industrial pollutant discharges, which include construction activities. The SWRCB works in coordination with the Regional Water Quality Control Boards (RWQCB) to preserve, protect, enhance, and restore water quality. The City of Newport Beach is within the jurisdiction of the Santa Ana RWQCB (SARWQCB). JN 10- 105583 65 Initial Study /Negative Declaration T � a. Violate any water quality standards or waste discharge .t, r uirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting T nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially after the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in ,t, a manner, which would result in substantial erosion or siltation on- or off -site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, ,t, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or offsite? e. Create or contribute runoff which would exceed the capacity of existing or planned storm water drainage systems or provide T substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? T g. Place housing within a 100 -year flood hazard as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or T other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures, which would .t, impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure T of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? T Impact Analysis 4.9(a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. As part of Section 402 of the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has established regulations under the National Pollution Discharge Elimination System ( NPDES) program to control direct storm water discharges. In California, the State Water Resources Control Board ( SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. The NPDES program regulates industrial pollutant discharges, which include construction activities. The SWRCB works in coordination with the Regional Water Quality Control Boards (RWQCB) to preserve, protect, enhance, and restore water quality. The City of Newport Beach is within the jurisdiction of the Santa Ana RWQCB (SARWQCB). JN 10- 105583 65 Initial Study /Negative Declaration T � O�aEwPORT City of Newport Beach Zoning Code Update Initial Study/Negative Declaration `9G1F00.N`P Short -Term Construction The SWRCB adopted NPDES General Permit No. CAS000002, Waste Discharge Requirements (WDRs) for Discharges of Stormwater Runoff Associated With Construction Activity (General Construction Permit). Construction sites with 1.0 acre or greater of soil disturbance or less than 1.0 acre, but part of a greater common plan of development, are required to apply for coverage for discharges under the General Construction Permit by submitting a Notice of Intent (NOI) for coverage, developing a Stormwater Pollution Prevention Plan ( SWPPP), and implementing Best Management Practices (BMPs) to address construction site pollutants. Construction activity subject to this permit includes clearing, grading, and disturbances to the ground such as stockpiling or excavation, but does not include regular maintenance activities. Construction activities from future development permitted by the ZCU would be subject to compliance with NBMC Chapter 14.36, Water Quality, NBMC Chapter 15.10, Excavation and Grading Code, and NPDES requirements. Prior to issuance of any Grading or Building Permit, and as part of the future development's compliance with the NPDES requirements, a NOI would be prepared and submitted to the Santa Ana RWQCB providing notification and intent to comply with the General Construction Permit. Also, a SWPPP would be submitted and approved by the Director of Public Works and the City Engineer for water quality construction activities onsite. A copy of the SWPPP would be made available and implemented at the construction site at all times. The SWPPP is required to outline the source control and /or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the "maximum extent practicable." Additionally, through the City's development review process, future projects would be evaluated for potential site - specific water quality impacts from construction activities. Compliance with NBMC Chapters 14.36 and 15.10, and NPDES requirements would reduce short-term construction - related impacts to water quality to a less than significant level. Long -Term Operations The Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4s). The RWQCBs have adopted NPDES storm water permits for medium and large municipalities. Most of these permits are issued to a group of co- permittees encompassing an entire metropolitan area. The SARWQCB issued the permit governing the public storm drain system discharges in northern Orange County from the storm drain systems owned and operated by the Orange County cities and Orange County (collectively "the Co- permittees"). This permit regulates storm water and urban runoff discharges from development to constructed and natural storm drain systems in the City of Newport Beach. Among other requirements, the NPDES permit specifies requirements for managing runoff water quality from new development and significant redevelopment projects, including specific sizing criteria for treatment BMPs. To implement the requirements of the NPDES permit, the Cc- permittees have developed the Orange County Stormwater Program 2003 Drainage Area Management Plan (DAMP), which includes a New Development/ Significant Redevelopment Program. The New Development/Significant Redevelopment Program provides a framework and a process for following the NPDES permit requirements and incorporates watershed protection /storm water quality management principles into the Co- Permittees' General Plan process, environmental review process, and development permit approval process. Local jurisdictions, including the City of Newport Beach, have adopted a Local Implementation Plan (LIP) based upon the County's JN 10. 105583 66 Initial Study/Negative Declaration ra e= o °r�W�Rr City of Newport Beach Zoning Code Update `= Initial Study /Negative Declaration G < /F00.N\ DAMP, which includes a Model Water Quality Management Plan (WQMP). Using the local LIP (City of Newport Beach Stormwater LIP) as a guide, the City would review and approve project - specific WQMPs, as part of the development plan and entitlement approval process for discretionary projects, prior to issuing permits for ministerial projects. More specifically, prior to issuance of any Grading Permit; future development would be required to prepare a WQMP, which includes both Structural and Non - Structural BMPs in order to comply with the requirements of the current DAMP and NPDES. Compliance with NBMC Chapters 14.36 and 15.10, and NPDES requirements would reduce long -term impacts to water quality to a less than significant level. The GPEIR concluded compliance with NPDES requirements, the Orange County DAMP, the NBMC, and General Plan Policies would reduce the risk of water degradation within the City from the operation of new developments to the maximum extent practicable. Therefore, since violation of waste discharge requirements or water quality standards would be minimized, this impact would be less than significant.35 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential violations to water quality standards from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that impacts involving violations of waste discharge requirements or water quality standards would be minimized. Additionally, future development would be subject to compliance with General Plan policies. In particular, Policies NR 3.1 through NR 5.4 would serve to limit the use of landscape chemicals detrimental to water quality, require development to result in no degradation of natural water bodies, require new development applications to include a WQMP to minimize construction and post- construction runoff, implement and improve BMPs, require all street drainage systems to be designed to minimize adverse impacts on water quality, and require grading /erosion control plans with structural BMPs that prevent or minimize erosion. Implementation of General Plan Policy NR 3.21 would serve to minimize the creation of impervious surfaces, while increasing the area of pervious surfaces, where feasible. Given that future development would undergo project -by- project review, be regulated by the NPDES, DAMP, and the NBMC, and subject to compliance with General Plan policies impacts involving water quality standards or waste discharge requirements would be less than significant. Mitigation Measures: No mitigation is required. 4.9(b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 31 Ibid., Page 4.7 -32. JN 10- 105583 67 Initial Study /Negative Declaration aEW PORT o� @ City of Newport Beach Zoning Code Update s Initial Study /Negative Declaration 4` Less Than Significant Impact. Groundwater within the City is shallow and can occur as shallow as 50 beneath ground surface. During construction, the groundwater table could be encountered during pile driving, dewatering, and other construction activities. However, given that the City is primarily a built -out area, and that development permitted by the ZCU would generally consist of infill and redevelopment, the displaced /removed volume from these activities would not be substantial relative to the Orange County Groundwater Basin's water volume. Therefore, future development permitted by the ZCU would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge. Groundwater recharge is derived from percolation of Santa Ana River flow, injection into wells, and infiltration of precipitation. The City of Newport Beach is not located within an identified recharge area for groundwater. Future development would not interfere significantly with recharge as the City does not contribute a significant amount to the Santa Ana River flow, there are no injection wells in the City. Additionally, since the City is primarily a built -out area and development permitted by the ZCU would generally consist of infill and redevelopment, the amount of impervious surfaces would not change significantly. Water service is provided by the City, Irvine Ranch Water District, and the Mesa Consolidated Water District. Future development permitted by the ZCU would increase the demand for groundwater. However, the GPEIR concluded groundwater supplies would meet projected demands throughout the City, and compliance with General Plan policies would reduce water consumption to ensure adequate groundwater supplies .36 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to groundwater supplies due to water consumption from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to determine potential impacts on groundwater supplies. Additionally, future development would be subject to compliance with General Plan policies (refer to Response 4.17(b)), policies designed to minimize water consumption and expand the use of alternative water sources to provide adequate water supplies for present use and future growth. Given that future development would undergo project -by- project review and be subject to compliance with General Plan policies, impacts to groundwater supplies would be less than significant. Mitigation Measures: No mitigation is required. 4.9(c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner, which would result insubstantial erosion or siltation on- or off -site? Less Than Significant Impact. Construction activities of future development could temporarily alter existing drainage patterns through earth - disturbing activities. Future development would also alter drainage through changes in ground surface permeability and changes in topography. 36 ibid., Page 4.7 -33. JN 10- 106683 68 Initial Study /Negative Declaration o�aE.vroRr City of Newport Beach n Zoning Code Update s Initial Study /Negative Declaration c�p['ORRP However, the GPEIR concluded compliance with NPDES and NBMC regulations, in addition to implementation of General Plan policies would reduce impacts involving alterations to the existing drainage patterns from new developments to a less than significant level.37 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts due to alterations of drainage patterns from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and/or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to minimize potential impacts due to alterations of drainage patterns. Additionally, future development would be subject to compliance with General Plan policies (i.e. Policies NR 3.10 to NR 3.12, NR 4.4, NR 3.16, NR 3.20, NR 3.21, and S 5.3), which would serve to minimize potential impacts due to alterations of drainage patterns. Given that future development would undergo project -by- project review and be subject to compliance with NPDES requirements and General Plan policies, potential impacts due to alterations of drainage patterns would be less than significant. Mitigation Measures: No mitigation is required. 4.9(d) Substantially alter the existing drainage pattern of the site or area, including through alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? Less Than Significant Impact. Given that the City is primarily a built -out area, it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. As such, new development would not substantially alter drainage patterns, because these areas are already developed with existing uses and impervious surfaces. Similarly, the increase in impervious surfaces would be limited, and thus, the increase stormwater runoff would not be substantial, such that the capacity of existing and planned infrastructure would be exceeded, and flooding impacts would occur downstream. Therefore, Project implementation would not substantially alter the existing drainage patterns, and would not result in flooding. Refer also to Response 4.8.c. Mitigation Measures: No mitigation is required. 4.9(e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. Refer to Responses 4.9(a), 4.9(c), and 4.9(d) Mitigation Measures: No mitigation is required. 37 Ibid., Page 4.7 -34. JN 10- 105583 69 Initial Study /Negative Declaration a Initial of Newport Beach ning Code Update aative Declaration 4.9(0 Otherwise substantially degrade water quality? Less Than Significant Impact. Refer to Responses 4.9(a) and 4.9(c). Mitigation Measures: No mitigation is required. 4.9(g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Less Than Significant Impact. The Federal Emergency Management Agency (FEMA) prepares and maintains Flood Insurance Rate Maps (FIRMS), which show the extent of Special Flood Hazard Areas (SFHAs) and other thematic features related to flood risk, in participating jurisdictions. To receive insurance benefits in the event of flood, participating agencies must recognize these official flood boundaries and establish appropriate land use policy for the flood zones. GPEIR Figure 4.7 -3, Flood Zones, illustrates the City's 100- and 500 -year flood Zones. As indicated by Figure 4.7 -3, the City's coastline and areas of Newport Bay are located within a 100 - year flood zone, where the potential for private property flooding exists. The 100 -year flood (one percent annual chance flood), also known as the base flood, is the flood that has a one percent chance of being equaled or exceeded in any given year. This SFHA is the area subject to flooding by the one percent annual chance flood. Future development permitted by the ZCU could place structures or housing within a 100 -year flood hazard area. Moreover, flood waters that exceed the capacities of existing and improved drainages would travel by overland flow on any available grounds. Building density permitted by the ZCU is not anticipated to increase to such an extent that would substantially increase obstructions to flood flows. Notwithstanding, the GPEIR concluded compliance with General Plan policies and NBMC standards would sufficiently protect new structures from damage in the event of a 100 -year flood and would ensure flows are not substantially impeded or redirected. Therefore, impacts of flood hazards or impeding /redirecting flows would be less than significant.38 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, exposure of people or structures from future development permitted by the ZCU to potential substantial adverse effects involving flood hazards were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that historic resources are not adversely impacted. Further, NBMC Chapter 15.50 establishes methods and provisions that would minimize flood damage to residential development. A water displacement analysis would be required to investigate the effect of new structural development or fill on flooding depth, pursuant to FEMA regulation 44 CFR 60.3 (c)(10). Future development would also be subject to General Plan policies that would protect human life 3a Ibid., Pages 4.7 -38 and 39. JN 10- 105583 70 Initial Study /Negative Declaration City of Newport Beach Zoning Code Update Initial Study /Negative Declaration <IF00.0. and public and private property from the risks of flooding. Namely, Policy S 5.1 requires all new development within 100 -year flood zones to mitigate flood hazards by including onsite drainage systems that are connected to the City's storm drain system, grading of sites within the project area such that runoff does not impact adjacent properties, or elevating buildings above flood levels. If building pads are elevated out of the floodplain, a Letter of Map Revision (LOMR) would be required from FEMA that certifies the land has been elevated out of the floodplain. Floodproofing measures included in the General Plan and NBMC would be sufficient to protect new structures from damage in the event of a 100 -year flood. Given that future development would undergo project -by- project review, be regulated by the Federal /State regulatory framework, and be subject to compliance with General Plan policies, impacts to historic resources would be less than significant. Mitigation Measures: No mitigation is required. 4.9(h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? Less Than Significant Impacts. Refer to Response 4.9(g) Mitigation Measures: No mitigation is required. 4.9(i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant Impact. There are several dams located in the City's vicinity. Specifically, the City is located downstream of Prado Dam, Santiago Creek Reservoir, Villa Park Reservoir, San Joaquin Reservoir, Big Canyon Reservoir, and Harbor View Reservoir. The areas of the City that would be impacted to inundation include the areas near the Santa Ana River, San Diego Creek, Newport Bay, and Big Canyon Reservoir. The probability of dam failure is 10w.39 Future development permitted by the ZCU would not increase the risk of dam failure and flooding, however, the number of people exposed to this hazard would increase. Compliance with the NBMC and General Plan policies would reduce the exposure of people or structures to risk due to failure of a dam to less than significant. Mitigation Measures: No mitigation is required. 4.9(j) Inundation byseiche, tsunami, ormudflow? Less Than Significant Impact. According to the GPEIR, potential risks from seiche and tsunami exist throughout the City. Seiches in large, enclosed bodies of water, such as the reservoirs in the City and, to an extent, Newport Harbor and Newport Bay, would inundate immediate areas surrounding the body of water. Coastal flood hazards, such as tsunamis and rogue waves, would inundate primarily the low -lying areas of the City's coastline. Potential risks from mudflow (i.e., mudslide, debris flow) are also prevalent, as steep slopes exist throughout the City. Prolonged rainfall during certain storm events would saturate and could eventually loosen soil, resulting in slope failure. 39 Ibid., Page 4.7 -40. JN 10- 105583 71 Initial Study /Negative Declaration n�(Uo City of Newport Beach Zoning Code Update Initial Study /Negative Declaration Development permitted by the ZCU would increase the exposure of people to the low- probability but high -risk events such as seiche, tsunami, and mudflows by increasing development in certain areas of the City. However, the GPEIR concluded risks associated with inundation by seiche, tsunami, and mudflow are considered to be less than significant following compliance with General Plan policies .4' Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, risks associated with inundation by seiche, tsunami, and mudflow to the future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that historic resources are not adversely impacted. Implementation of General Plan Policies S 1.1 through S 1.5 would serve to minimize adverse effects of coastal hazards related to tsunamis and rogue waves. In addition, Policies S 2.1 through S 2.7 would minimize adverse effects of coastal hazards related to storm surges and seiches. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, potential impacts involving inundation by seiche, tsunami, or mudflow would be less than significant. Mitigation Measures: No mitigation is required. 40Ibid., Page 4.741. JN 10- 105583 72 Initial Study /Negative Declaration A aEWPpRT o � City Newport Beach Zoning Code Update i Initial Study /Negative Declaration G4roa�P 4.10 LAND USE AND PLANNING �.. NS..`"("'F .d k ? � k '# 4`"S 9 A .uYi+e'..y Ay-#y '�.. af' S "i �s•'�.'F�YR 7 a. Physically divide an established community? T b. Conflict with any applicable land use plan, policy, or regulation of an agency with junsdiction over the project (including, but not limited to the general plan, speck plan, local coastal program, or T zoning ordinance) adopted for the purpose of avoiding or miticatinq an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? T Impact Analysis 4.10(a) Physically divide an established community? Less Than Significant Impact. Given that the City is primarily a built -out area, it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. Therefore, development permitted by the ZCU would not physically divide an established community. Additionally, the GPEIR concluded the types of development proposed by the General Plan would not divide established communities and impacts would be less than significant .41 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, the potential impacts of future development permitted by the ZCU dividing an established community were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Mitigation Measures: No mitigation is required. 4.10(b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. Development within the City of Newport Beach is required to comply with several regional and local land use plans, policies, and regulations. These include the 2003 Air Quality Management Plan, 1999 Amendment for Ozone, SCAG's Regional Comprehensive Plan and Guide, Santa Ana River Basin Plan, City of Newport Beach Zoning Code, Newport Beach CLOP, specific plans adopted by the City, and the AELUP for John Wayne Airport. The proposed ZCU would not change or conflict with these plans. Moreover, the proposed Zoning Code would not supersede any other regulations or requirements adopted or 41 Ibid., Page 4.8 -16. JN 10- 105583 73 Initial Study /Negative Declaration RE gW Pp City of Newport Beach Zoning Code Update Initial Study /Negative Declaration w` imposed by the City, the State of California, or any federal agency that has jurisdiction by law over uses and development. There would be no impact in this regard. The City's General Plan is consistent with the 2003 Air Quality Management Plan and SCAG's Regional Comprehensive Plan and Guide, with the exception of mitigating traffic volumes on freeway ramps. The General Plan is also consistent with the Santa Ana Basin Plan, since all future development is required to comply with all applicable water quality requirements established by the Santa Ana and San Diego Regional Water Quality Control Boards (RWQCB) and State Water Resources Control Boards (SWRCB). The City of Newport Beach Zoning Code (NBMC Title 20, Planning and Zoning) is one of the primary means for implementing the General Plan. Adoption of the General Plan requires a review of the Zoning Code regarding policies pertaining to land use, density /intensity, design and development, resource conservation, public safety, and other pertinent topics in an effort to ensure consistency between the General Plan and the Zoning Code. Several modifications to the Zoning Code are proposed, in order to ensure compatibility with the General Plan. These modifications are discussed in Section 2.0, Project Description. The Coastal Land Use Plan (CLUP) was prepared as required by the California Coastal Act of 1976. The CLUP sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone within the City of Newport Beach. The General Plan was prepared to comply and incorporate the CLUP. The AELUP for John Wayne Airport contains policies that govern the land uses surrounding the airport. These policies establish development criteria that protect sensitive receptors from airport noise, persons from risk of operations, and height guidelines to ensure aircraft safety. The AELUP establishes height restrictions for buildings surrounding John Wayne Airport and establishes a 65 dBA CNEL noise contour in which residential uses should be not be constructed. If development would occur within the 65 dBA CNEL contour, the General Plan would be inconsistent with the AELUP. If the City Council were to approve such development, a significant impact would result. Implementation of the General Plan would be consistent with applicable adopted plans, regulations, or policies, other than the AELUP (if the City were to adopt residential development projects within the 65 dBA contour). The GPEIR concluded the General Plan would not be inconsistent with applicable adopted plans, regulations, or policies (excepting the AELUP). Therefore, impacts associated with potential inconsistencies with all other applicable land use plans for the City would be less than significant .42 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, the potential impacts of future development permitted by the ZCU conflicting with any applicable land use plan, policy, or regulation were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Therefore, impacts associated with potential inconsistencies with all other applicable land use plans for the City resulting from the proposed ZCU would be less than significant. 42 Ibid., Page 4.8 -23. JN 10- 105583 74 Initial Study /Negative Declaration H SEW FART o� @ City of Newport Beach Zoning Code Update Initial Study /Negative Declaration Mitigation Measures: No mitigation is required. 4.10(c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. Future Refer to Response 4.4(f). Mitigation Measures: No mitigation is required. JN 10- 105583 75 Initial Study /Negative Declaration I �aEWPORr City of Newport Beach Zoning Code Update _ Initial Study /Negative Declaration 14 This page intentionally left blank JN 10- 105583 76 Initial Study /Negative Declaration 4.11 MINERAL RESOURCES City of Newport Beach Zoning Code Update Initial Study /Negative Declaration Impact Analysis 4.11(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. GPEIR Figure 4.5 -4, Mineral Resource Areas, illustrates the City's mineral resource areas. As indicated by Figure 4.5 -4, the City does not have any land classified as MRZ -2; rather, it is classified by mineral resource zones MRZ -1 and MRZ -3. Development permitted by the ZCU could affect the availability of oil and gas produced in these areas. However, the GPEIR concluded General Plan implementation would not result in the loss of the availability of known mineral resources that would be of value to the region and the residents of the State, following compliance with General Plan policies and no impact would occur. 43 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, the potential impacts of future development permitted by the ZCU resulting in the loss of availability of a known mineral resource were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that future development permitted by the ZCU would not result in the loss of availability of a known mineral resource. Future development would also be subject to General Plan Policy NR 19.4, which encourages consolidation of existing oil and gas activities, and ensures that access to these resources would not be altered. General Plan policies do not require that existing operations cease production, however, compliance with Policies NR19.1 through 19.4 would prohibit additional, future oil extraction within the City and oppose new offshore oil and gas drilling activities. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, the ZCU would not result in the loss of availability of mineral resources. Mitigation Measures: No mitigation is required. 43 Ibid., Page 4.5 -31. JN 10. 105583 77 Initial Study /Negative Declaration Yee , te$$ ft � t� Vo7dfrepro � { Off ; In ,���f, r cane ^�r rF � S � € e i ampaew tdr at19, Impa _ fr <4 �'.� S ,er•^. ;.n ¢� � Inrio�o � K��� R W dF��� £.x .. a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? T b. Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific T Ian or other land use Ian? Impact Analysis 4.11(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. GPEIR Figure 4.5 -4, Mineral Resource Areas, illustrates the City's mineral resource areas. As indicated by Figure 4.5 -4, the City does not have any land classified as MRZ -2; rather, it is classified by mineral resource zones MRZ -1 and MRZ -3. Development permitted by the ZCU could affect the availability of oil and gas produced in these areas. However, the GPEIR concluded General Plan implementation would not result in the loss of the availability of known mineral resources that would be of value to the region and the residents of the State, following compliance with General Plan policies and no impact would occur. 43 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, the potential impacts of future development permitted by the ZCU resulting in the loss of availability of a known mineral resource were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that future development permitted by the ZCU would not result in the loss of availability of a known mineral resource. Future development would also be subject to General Plan Policy NR 19.4, which encourages consolidation of existing oil and gas activities, and ensures that access to these resources would not be altered. General Plan policies do not require that existing operations cease production, however, compliance with Policies NR19.1 through 19.4 would prohibit additional, future oil extraction within the City and oppose new offshore oil and gas drilling activities. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, the ZCU would not result in the loss of availability of mineral resources. Mitigation Measures: No mitigation is required. 43 Ibid., Page 4.5 -31. JN 10. 105583 77 Initial Study /Negative Declaration �cFW�RT City of Newport Beach `@ Zoning Code Update u )= Initial Study /Negative Declaration 4.11(b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Refer to Response 4.11(a). Mitigation Measures: No mitigation is required. JN 10- 105583 78 Initial Study /Negative Declaration j w4 � aEW ART u, s �P �<iFORN 4.12 NOISE City of Newport Beach Zoning Code Update Initial Study /Negative Declaration S Y '�i.� � . •i y ✓ �[uS. `%:r� Po Y.e i1 :�,s ,A .T'AL k�W' 2EA ^' 3� l 0 l' �'.'i -r Potenha�l� �nrtir��t tesshan `� .�'` i a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, T or applicable standards of other agencies? b. Exposure of persons to or generation of excessive groundborne vibration or roundborne noise levels? T c. A substantial permanent increase in ambient noise levels in the -- project Vicinity above levels existing without the project? T d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the T project? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public .I, airport or public use airport, would the project expose people residing or workinq in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to T excessive noise levels? State of California Guidelines The State of California Office of Planning and Research (OPR) Noise Element Guidelines include recommended interior and exterior level standards for local jurisdictions to identify and prevent the creation of incompatible land uses due to noise. The OPR Guidelines describe the compatibility of various land uses with a range of environmental noise levels in terms of dBA CNEL. The State of California Office of Noise Control has established guidelines for acceptable community noise levels. The State Office of Noise Control defines an outdoor level of 60 dBA CNEL or less as being "normally acceptable" for residential uses. Table 4.12 -1, Noise and Land Use Compatibility Matrix, illustrates the State guidelines established by the State Department of Health Services for acceptable noise levels for each county and city. These standards and criteria are incorporated into the land use planning process to reduce future noise and land use incompatibilities. This table is the primary tool that allows the City to ensure integrated planning for compatibility between land uses and outdoor noise. As shown in Table 4.12 -1, the acceptable noise levels for residences are up to 65 A- weighted decibels (dBA) on the community noise equivalent level (CNEL) scale; up to 70 dBA CNEL for schools, churches, libraries, hospitals, and nursing homes; and up to 75 dBA CNEL for office and commercial uses. The exterior noise standard is 65 dBA; the interior noise standard is 45 dBA. JN 10- 105583 79 Initial Study /Negative Declaration (,)N City of Newport Beach t Zoning Code Update Initial Study /Negative Declaration �4raoa�� Table 4.12 -1 Noise and Land Use Compatibility Matrix R 107 i ro �f(T k k .F3 + � rte, Residential - Low Density Single-Family, Duplex, Mobile Home Residential - Multi-family Commercial - Motels, Hotels, Transient Lodging Schools, Churches, Libraries, Hospitals, Nursing Homes Am hitheaters, Auditoriums, Concert Halls, Meeting Halls Sports Arenas, Outdoor Spectator Sports Playgrounds, Neighborhood Parks Golf Courses, Riding Stables, Water Recreation, Cemeteries Office Buildings, Business, Commercial, Professional, and Mixed -Use Developments Industrial, Manufacturing, Utilities, Agriculture CNEL = community noise equivalent level. ❑ Normally Acceptable- Specific land use is satisfactory, based on the assumption that any building is of normal conventional construction, without any special noise insulation requirements. Conditionally Acceptable - New construction or development should be undertaken only after a detailed analysis of noise reduction requirements is made and needed noise insulation features included in design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning, will normally suffice. Normally Unacceptable - New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features must be included in the design. clearly Unacceptable - New construction or development should generally not be undertaken. City of Newport Beach Noise Standards The City maintains a comprehensive Noise Ordinance within its Municipal Code (Chapter 10.26, Community Noise Control) that establishes citywide interior and exterior noise level standards. The ordinance is intended to control unnecessary, excessive and annoying noise in the City. Section 10.26.020, Designated Noise Zones, establishes the following noise zones, based on the actual use of a property: • Noise Zone I: All single -, two- and multiple - family residential properties; • Noise Zone 11: All commercial properties; • Noise Zone III: The residential portion of mixed -use properties; and • Noise Zone IV: All manufacturing or industrial properties. Additionally, Sections 10.26.025 and 10.26.030, establish exterior and interior noise standards, respectively; refer to Table 4.12 -2, Newport Beach Noise Ordinance Standards. JN 10- 105583 80 Initial Study /Negative Declaration W aEW"ea o�o City Newport Beach ,. •� Zoning Code Update 'r Initial Study /Negative Declaration QG /cORNr Table 4.12 -2 Newport Beach Noise Ordinance Standards Pursuant to NBMC Section 10.26.035, Exemptions, the following activities, among others, shall be exempted from the provisions of this chapter: • Noise sources associated with construction, repair, remodeling, demolition or grading of any real property. Such activities shall instead be subject to the provisions of NBMC Chapter 10.28; Noise sources associated with construction, repair, remodeling, demolition or grading of public rights -of -way or during authorized seismic surveys. Additionally, NBMC Chapter 10.28, Loud and Unreasonable Noise, declares: It is unlawful for any person or property owner to make, continue, cause or allow to be made any loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, injures or endangers the comfort, repose, health, peace and quiet within the limits of the City, and the acts and things listed in this chapter, among others, are declared to be loud, disturbing, injurious and unreasonable noises in violation of this Chapter, but shall not be deemed to be exclusive. NBMC Section 10.28.040, Construction Activity - Noise Regulations, specifies the following: A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six - thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that JN 10- 105583 81 Initial Study /Negative Declaration ltk3 ;�Allawaii77fxtenorN4tgeLevel4 Y -i 2s, dYji, 3thi, .xi`' X A T�lowa elute ©orNgis�LevCt� r ryp&o# La'ndUse %i p4Y�len� lotse Cevel �Leg1 f[ t s vel�L , f Single -, two-or multiple - family residential 55 DBA 50 DBA 45 DBA 40 DBA II Commercial 65 DBA 60 DBA III Residential portions of mixed- use properties 60 DBA 50 DBA 45 DBA 40 DBA IV Industrial or manufacturing 70 DBA 70 DBA Source: NBMC Section 10.26.025, Exterior Noise Standards, and Section 10.26.030, Interior Noise Standards. Pursuant to NBMC Section 10.26.035, Exemptions, the following activities, among others, shall be exempted from the provisions of this chapter: • Noise sources associated with construction, repair, remodeling, demolition or grading of any real property. Such activities shall instead be subject to the provisions of NBMC Chapter 10.28; Noise sources associated with construction, repair, remodeling, demolition or grading of public rights -of -way or during authorized seismic surveys. Additionally, NBMC Chapter 10.28, Loud and Unreasonable Noise, declares: It is unlawful for any person or property owner to make, continue, cause or allow to be made any loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, injures or endangers the comfort, repose, health, peace and quiet within the limits of the City, and the acts and things listed in this chapter, among others, are declared to be loud, disturbing, injurious and unreasonable noises in violation of this Chapter, but shall not be deemed to be exclusive. NBMC Section 10.28.040, Construction Activity - Noise Regulations, specifies the following: A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six - thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that JN 10- 105583 81 Initial Study /Negative Declaration ltk3 �aEWPOR> o <•e � e /GOM1M`P Initial of Newport Beach ning Code Update gative Declaration disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. C. No landowner, construction company owner, contractor, subcontractor, or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section. Significance of Changes in Ambient Noise Levels Changes of 5.0 dBA or greater may be noticed by some individuals and, therefore, may be considered an environmental impact, since under these conditions sporadic complaints may occur. Changes in community noise levels of less than 3.0 dBA are normally not noticeable and are therefore considered less than significant.44 Areas where ambient noise levels exceed the established standards or where sensitive land uses are exposed to levels in excess of 60 dBA. These areas generally occur along freeways, toll roads, arterial and secondary roadways where noise barriers have not been constructed. Impact Analysis 4.12(a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. Future development permitted by the ZCU would involve construction activities and operations, which would generate both short-term and long -term noise impacts. Short-term noise impacts could occur during grading and construction. Construction activities have the potential to expose adjacent land uses to noise levels between 70 and 90 decibels at 50 feet from the noise source. Construction activities associated with future development are anticipated to temporarily exceed the City's noise standards. The degree of noise impact would be dependent upon the distance between the construction activity and the noise sensitive receptor. Long -term noise impacts would be associated with vehicular traffic to /from the site (including residents, visitors, patrons), outdoor activities, and stationary mechanical equipment on site. To determine long -term noise levels and project - related impacts, specific information is needed for a particular project. Additionally, the GPEIR concluded the exposure of existing land uses to noise levels in excess of City standards as a result of the future growth under the General Plan is considered a significant impact45 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential noise impacts from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. 44 Bolt, Beranek, and Newman, Fundamentals and Abatement of Highway Traffic Noise, 1973. 45 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.9 -22. JN 10- 105583 82 Initial Study /Negative Declaration gWPp City of Newport Beach Zoning ode Update u s Initial Study /Negegatiti ve Declaration Cy<l GOA�`f Future discretionary development would undergo environmental and/or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that noise standards are not exceeded. Future development would be required to comply with City, State, and Federal guidelines regarding vehicle noise, roadway construction, and noise abatement and insulation standards. This would ensure that noise levels in Newport Beach are maintained within acceptable standards that prevent extensive disturbance, annoyance, or disruption. Individual assessments of potential impacts from project - related noise sources may be required. If necessary, mitigation would be required to reduce potential impacts to a less than significant level. Additionally, the proposed ZCU includes revisions to avoid or mitigate noise impacts. Namely, the ZCU Noise section adds provisions for the review of proposed projects to avoid or mitigate impacts, establishes thresholds of significance pursuant to the Noise Element, and promotes compatibility between land uses. The proposed ZCU is consistent with and augments the standards within NBMC Chapters 10.26. Future development would also be subject to compliance with General Plan Policies N 1.1 to N 1.8 and N 2.1 to N 2.6, which would sere to reduce noise impacts to future land uses. Given that future development would undergo project -by- project review, be regulated by NBMC requirements, and be subject to compliance with General Plan policies, impacts involving the exposure of persons to or generation of noise levels in excess of standards would be less than significant. Mitigation Measures: No mitigation is required. 4.12(b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Construction activities associated with the future development permitted by the ZCU could expose persons to or generate excessive groundborne vibration; refer also to GPEIR Table 4.9 -7. Additionally, the GPEIR concluded when construction vibration occurs, impacts would be significant.46 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential vibration impacts from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Given that future development would undergo project -by- project review and be regulated by NBMC, impacts involving the exposure of persons to or generation of excessive vibration would be less than significant. Mitigation Measures: No mitigation is required. 4.12(c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Refer to Response 4.12(a) Mitigation Measures: No mitigation is required. 46 ]bid., Page 4.9 -29. JN 10- 105583 83 Initial Study /Negative Declaration EWPo F`' a City of Newport Beach Zoning Code Update "z Initial Study /Negative Declaration 4.12(d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Refer to Response 4.12(a). Mitigation Measures: No mitigation is required. 4.12(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. GPEIR Figure 4.9 -6, Future Noise Contours — Northern Planning Area, indicates that the 60 and 65 dBA CNEL noise contour for JWA extends into Newport Beach. Future sensitive receptors permitted by the ZCU developed within the 65 dBA CNEL noise contour could be exposed to noise levels in excess of allowable standards. Additionally, the GPEIR concluded impacts on exterior noise levels at new land uses in the vicinity of the airport would be significant, although, compliance with General Plan policies would ensure that impacts on interior noise levels would be less than significant.47 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential airport- related noise impacts to future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that airport- related noise impacts are avoided or minimized. All land uses surrounding JWA would be subject to the land use standards established in the NBMC and the AELUP addressing airport- related noise. Additionally, the California Airport Land Use Planning Handbook would be utilized in the preparation of environmental documents for all new development located within the AELUP boundaries. Future development would also be subject to compliance with General Plan Policy N 3.2, which requires that any residential or sensitive noise uses to be located within the 60 dBA or 65 dBA CNEL airport noise contour maintain an interior noise level of 45 dBA CNEL. Compliance with Policies N 3.1 and N 3.2 would serve to ensure new development is compatible with the noise environment by using the airport noise contour maps as guides to future planning and development decisions and require that any residential or sensitive noise uses be located within the 60 dBA or 65dBA CNEL airport noise contour maintain an interior noise level of 45 dBA CNEL, respectively. Given that future development would undergo project - by- project review, and be subject to compliance with the established regulations and General Plan policies, impacts involving aviation -noise would be less than significant. Mitigation Measures: No mitigation is required. 47 Ibid., Page 4.9 -35, JN 10- 105583 84 Initial Study /Negative Declaration BI �gW?ORT City of Newport Beach Zoning Code Update s Initial Study /Negative Declaration C'�4F0QH`' 4.12(1) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no private airstrips within the City of Newport Beach. Therefore, no impacts would occur. Mitigation Measures: No mitigation is required. JN 10- 105583 85 Initial Study /Negative Declaration 161 � rgW �Rr u ,i Col /FOM1N`P JN 10- 105683 This page intentionally left blank 86 City of Newport Beach Zoning Code Update Initial Study /Negative Declaration Initial Study /Negative Declaration City of Newport Beach EWPp Zoning Code Update = Initial Study /Negative Declaration c 4.13 POPULATION AND HOUSING 4.93(a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The City's existing population, as of January 2010 is 86,738 persons.48 A project could induce population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). Although, the ZCU does not infer direct development rights, future development permitted by the ZCU could induce population growth in the City through the anticipated construction of housing. Additionally, the GPEIR concluded General Plan buildout would increase the number of dwelling units by 14,215 units (35 percent) over 2002 conditions, for a total of 54,394 units.49 As a result, the City's population could increase by 31,131 persons (43 percent), for a total population of 103,753 persons at General Plan buildout. Additionally, because the General Plan implementation would substantially increase population growth within the City (approximately 37 percent over existing conditions and approximately 10 percent higher than existing SCAG projections), the GPEIR concluded impacts on population growth would be considered significant. Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential population growth in the City from future development permitted by the ZCU was anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Therefore, Project implementation would not induce substantial population growth in the City. Development permitted by the ZCU would generally consist of infill and redevelopment served by existing roads and infrastructure. Project implementation would not require extension of public infrastructure (i.e., any transportation facility or public utility), or provision of new public services. The roads providing access are fully improved. Public utilities would be extended to the future 48 State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark. Sacramento, California, May 2010. 49 Ibid., Page 4.10 -6. JN 10. 105583 87 Initial Study /Negative Declaration e. a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly T for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replace ent housing elsewhere? T C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? T 4.93(a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The City's existing population, as of January 2010 is 86,738 persons.48 A project could induce population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). Although, the ZCU does not infer direct development rights, future development permitted by the ZCU could induce population growth in the City through the anticipated construction of housing. Additionally, the GPEIR concluded General Plan buildout would increase the number of dwelling units by 14,215 units (35 percent) over 2002 conditions, for a total of 54,394 units.49 As a result, the City's population could increase by 31,131 persons (43 percent), for a total population of 103,753 persons at General Plan buildout. Additionally, because the General Plan implementation would substantially increase population growth within the City (approximately 37 percent over existing conditions and approximately 10 percent higher than existing SCAG projections), the GPEIR concluded impacts on population growth would be considered significant. Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential population growth in the City from future development permitted by the ZCU was anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Therefore, Project implementation would not induce substantial population growth in the City. Development permitted by the ZCU would generally consist of infill and redevelopment served by existing roads and infrastructure. Project implementation would not require extension of public infrastructure (i.e., any transportation facility or public utility), or provision of new public services. The roads providing access are fully improved. Public utilities would be extended to the future 48 State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark. Sacramento, California, May 2010. 49 Ibid., Page 4.10 -6. JN 10. 105583 87 Initial Study /Negative Declaration e. ��a6`K'PORT O �a �<lFOR��' development from existing facilities. Public service establishment of new sources of serve would not be would not induce indirect population growth in the infrastructure, or provision of new services. Mitigation Measures: No mitigation is required. Initial of Newport Beach ning Code Update gative Declaration s are provided throughout the City and the required. Therefore, project implementation City through extension of roads or other 4.13(b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The City's existing housing stock, as of January 2010 is 43,515 units.50 Given that the City is primarily a built -out area, and it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment, the ZCU would not displace substantial numbers of existing housing or persons. Additionally, the GPEIR concluded the General Plan does not propose uses that would displace substantial numbers of existing housing or people, therefore, there would be no impact.57 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts involving the displacement of housing or persons from future development permitted by the ZCU was anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Therefore, Project implementation would not displace a substantial number of housing or persons. Mitigation Measures: No mitigation is required. 4.13(c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. Refer to Response 4.13(b). Mitigation Measures: No mitigation is required. 50 State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark. Sacramento, California, May 2010. " EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.10 -6. A 10- 105583 88 Initial Study /Negative Declaration t. agW PORT City of Newport Beach Zoning Code Update Initial Study /Negative Declaration GlIF00.�P , 4.14 PUBLIC SERVICES aM odldthepro�ect , #, +F �� ' Pote aJ "v4P� tcLessThanT Sfg r iant1�i �nrficaM t T ��'` Io�. a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1) Fire protection? T 2) Police protection? T 3) Schools? T 4) Parks? T 5) Other public facilities? T Impact Analysis 4.14(a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 4.14(a)(1) Fire protection? Less Than Significant Impact. Fire protection services are provided by the Newport Beach Fire Department (NBFD). The NBFD's service goals are based on acceptable service levels, such as five - minute response times for fire engines at a fire or medical aid event and eight- minute response times for first - arriving fire engine for a paramedic unit. The NBFD is currently operating at an acceptable level. Future development permitted by the ZCU would increase the demand for fire protection services in the City, and may require improvements to existing facilities or increases in staffing and equipment. The environmental impacts associated with the provision of new or physically altered fire protection facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. Additionally, the GPEIR concluded compliance with applicable General Plan policies would ensure impacts involving fire protection services remain less than significant.52 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased 521bid., Page 4.11 -10. JN 10- 105583 89 Initial Study /Negative Declaration � ciEW PO,gT •6 U ? C"C/F00.N�F Initial of Newport Beach ning Code Update gative Declaration densities /intensities that were not included in the GP. As such, potential impacts to fire protection services from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure potential impacts to fire protection services are minimized. Additionally, future development permitted by the ZCU would be subject to compliance with applicable Federal, State, and local regulations governing the provision of fire protection services (i.e., fire access, fire flows, hydrants). The City adopted the International Fire Code (2006 Edition) and the California Fire Code (2007 Edition); refer to NBMC Chapter 9.04, Fire Code. These include construction standards for new structures and remodels that address road widths and configurations, and requirements for minimum fire flow rates. Future development would also be subject to compliance with General Plan Policy LU 3.2, which requires that adequate infrastructure be provided as new development occurs. Thus, fire staffing and facilities would be expanded commensurately to serve the needs of new development to maintain the current response time. Policy S6 -18 ensures that building and fire codes will be continually updated to provide for fire safety design. Given that future development would undergo project -by- project review, and be subject to compliance with the established Fire Code regulations and General Plan policies, impacts involving fire protection services would be less than significant. Mitigation Measures: No mitigation is required. 4.14(a)(2) Police protection? Less Than Significant Impact. The Newport Beach Police Department (NBPD), Costa Mesa Police Department (CMPD), and the Orange County Sheriff Department (OCSD) provide police protection services to the City of Newport Beach. Currently, the City does not have staffing standards. The NBPD provides a ratio of 1.7 officers per 1,000 residents. This ratio allows the NBPD to meet the needs of permanent and transient population, which can increase to 200,000 people in one day. Future development permitted by the ZCU could increase the demand for police protection services in the City, and may require improvements to existing facilities or increases in staffing and equipment. The environmental impacts associated with the provision of new or physically altered police protection facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. Additionally, the GPEIR concluded maintaining the current service ratio and compliance with applicable General Plan policies would ensure impacts involving police protection services remain less than significant. 53 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to police protection services from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. 53 Ibid., Page 4.11 -16. JN 10- 105583 90 Initial Study /Negative Declaration s EWPp City of Newport Beach Zoning Code Update Initial Study /Negative Declaration C /FOM1N Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure potential impacts to police protection services are minimized. Future development would also be subject to compliance with General Plan policies that would ensure adequate law enforcement is provided, as the City experiences future development. Namely, compliance with Policy LU 2.8 would ensure that only land uses that can be adequately supported by the City's Public Services would be accommodated, and that adequate service ratios are maintained. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts involving police protection services would be less than significant. Mitigation Measures: No mitigation is required. 4.14(a)(3) Schools? Less Than Significant Impact. The Newport Mesa Unified School District ( NMUSD), the Santa Ana Unified School District (SAUSD), and the Laguna Beach Unified School District (LBUSD) serve the City of Newport Beach. The NUMSD serves the majority of the City and has 32 public schools including 22 elementary schools, two junior high schools, five high schools, two alternative education centers, and one adult school. Several private schools are located in or immediately surrounding the City. Future development permitted by the ZCU would increase the City's student population, and may require new school facilities and /or improvements to existing facilities. The degree of impacts to schools would be dependent upon the size and location of the residential development and the existing condition of the school facilities serving the area. The environmental impacts associated with the provision of new or physically altered school facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. Additionally, the GPEIR concluded adherence to the General Plan policies would ensure that impacts related to the provision of new educational facilities would be less than significant. 14 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to school facilities from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure potential impacts to school facilities are minimized. Future development would also be subject to compliance with General Plan Policy LU 6.1.1, which requires that adequate school facilities within Newport Beach be provided such that the residents' needs would be served, and Policy LU 6.1.2 allows for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. Given s Ibid., Page 4.11 -24. JN 10- 105583 91 Initial Study /Negative Declaration y, o�dEWPOR o City of Newport Beach Zoning Code Update Initial Study /Negative Declaration C9tFOM1N',' that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts to school facilities would be less than significant. Mitigation Measures: No mitigation is required. 4.14(a)(4) Parks? Less Than Significant Impact. There are approximately 286 acres of parkland and approximately 90 acres of active beach recreational area within the City. Pursuant to NBMC Section 19.52.040, Parkland Standard, the City's park dedication standard for new subdivisions is 5.0 acres of parkland per 1,000 residents. According to the GPEIR, a deficit of approximately 38.8 acres of combined park and beach acreage citywide, with seven of the 12 service areas experiencing a deficit in this combined recreation acreage. Future development permitted by the ZCU would increase the demands for parkland and recreational facilities, and usage of existing facilities, such that deterioration of these facilities could be accelerated. Additionally, future housing development may require new parks or recreational facilities, and /or improvements to existing facilities. The environmental impacts associated with the provision of new or physically altered parks and recreational facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. The GPEIR concluded the construction and enhancement of park and recreational facilities, and compliance with General Plan policies would ensure that increased demand and use resulting from an increased population would not significantly accelerate the deterioration of existing recreational facilities. This impact would be less than significant.55 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to parks and recreational facilities from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure potential impacts to parks and recreational facilities are minimized. Additionally, future development would be subject to compliance with NBMC Chapter 19.52, Park Dedications and Fees, which is intended to provide for the dedication of land, the payment of fees in lieu thereof or a combination of both, for park or recreational purposes in conjunction with the approval of residential development. These provisions are in accordance with Section 66477 of the Subdivision Map Act (known as the Quimby Act). Future development would also be subject to compliance with General Plan Policy R 1. 1, which requires future development to dedicate land or pay in -lieu fees at a minimum of 5.0 acres of parkland per 1,000 residents (per NBMC Section 19.52.040). In addition, developers of new high- density residential developments on parcels eight acres or larger are required to provide on -site recreational amenities, as required under Policy R 1.3. Given that future development would undergo project -by- project review, and be subject to 55 Ibid., Page 4.12 -15. JN 10- 105583 92 Initial Study /Negative Declaration o��Ew�R City of Newport Beach Zoning Code Update Initial Study /Negative Declaration �<lFORN compliance with General Plan policies, impacts to parks and recreational facilities would be less than significant. Mitigation Measures: No mitigation is required. 4.14(a)(5) Other public facilities? Less Than Significant Impact. The City of Newport Beach is serviced by four libraries: the Central Library, Mariner's Library, Balboa Branch Library, and Corona Del Mar Branch Library. The Newport Beach Public Library (NBPL) assesses their needs on a ratio of books per measure of population. The standard guidelines used for evaluating the acceptable level of service, which are set by the California State Library Office of Library Construction, the Public Library Association, and the American Library Association, are 0.5 sq. ft. of library facility space and 2.0 volumes per capita. Future development permitted by the ZCU would increase the demands for library facilities and resources. However, the GPEIR concluded compliance with General Plan policies would be less than significant. 56 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to library facilities from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCIJ would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Therefore, implementation of the ZCU would result in less than significant impacts to library facilities. Mitigation Measures: No mitigation is required e Ibid., Page 4.11 -29. JN 10- 105583 93 Initial Study /Negative Declaration US oF`'�WPoR a City of Newport Beach Zoning Code Update Initial Study /Negative Declaration P This page intentionally left blank JN 10- 105583 94 Initial Study /Negative Declaration h[ City of Newport Beach ti Code Update � a Initial Study/Negative Declaration C�4F00.0.P 4.15 RECREATION Impact Analysis 4.15(a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact. Refer to Response 4.14(a)(4). Mitigation Measures: No mitigation is required. 4.15(b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Less Than Significant Impact. Refer to Response 4.14(a)(4). Mitigation Measures: No mitigation is required. JN 10- 105583 95 Initial Study /Negative Declaration N LE5i5lafPi`.'� K f auld e mj ` [ %ijtfi8cant y a�, -1 s e Impact ` «`fib9ati MR a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be ,r accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might T have an adverse physical effect on the environment? Impact Analysis 4.15(a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact. Refer to Response 4.14(a)(4). Mitigation Measures: No mitigation is required. 4.15(b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Less Than Significant Impact. Refer to Response 4.14(a)(4). Mitigation Measures: No mitigation is required. JN 10- 105583 95 Initial Study /Negative Declaration N �agV%PORT u x C�e�roa�.r This page intentionally left blank Initial of Newport Beach ning Code Update gative Declaration JN 10- 106683 96 Initial Study /Negative Declaration o��Ew�R m City of Newport Beach ®� Zoning Code Update 'Q Initial Study /Negative Declaration \a- C9<fFORH`P 4.16 TRANSPORTATION/TRAFFIC Level of service (LOS) is commonly used as a qualitative description of intersection operation and is based on the capacity of the intersection and the volume of traffic using the intersection. The Intersection Capacity Utilization (ICU) analysis method is utilized in traffic impact analyses to determine the operating LOS of the signalized study intersections; and the Highway Capacity Manual (HCM) analysis methodology is utilized to determine the operating LOS of the unsignalized study intersections. The ICU analysis methodology describes the operation of a signalized intersection using a range from LOS A (free -flow conditions) to LOS F (severely congested conditions), based on corresponding volume -to- capacity (V /C) ratios; refer to Table 4.16 -1, LOS and VIC Ratio Ranges — Signalized Intersections. The Highway Capacity Manual (HCM) operational analysis methodology describes the operation of an unsignalized intersection using a range from LOS A (free -flow conditions) to LOS F (severely congested conditions), based on delay experienced per vehicle; refer to Table 4.16 -2, LOS and VIC Ratio Ranges — Unsignalized Intersections. JN 10- 105583 97 Initial Study /Negative Declaration 5 .� ✓f j ci' £fi} � "aw F ,�r- � .EPA L� x a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of T the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit ?? b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county T congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in T substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., T farm equipment)? e. Result in inadequate emergency access? T f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the T performance or safety of such facilities? Level of service (LOS) is commonly used as a qualitative description of intersection operation and is based on the capacity of the intersection and the volume of traffic using the intersection. The Intersection Capacity Utilization (ICU) analysis method is utilized in traffic impact analyses to determine the operating LOS of the signalized study intersections; and the Highway Capacity Manual (HCM) analysis methodology is utilized to determine the operating LOS of the unsignalized study intersections. The ICU analysis methodology describes the operation of a signalized intersection using a range from LOS A (free -flow conditions) to LOS F (severely congested conditions), based on corresponding volume -to- capacity (V /C) ratios; refer to Table 4.16 -1, LOS and VIC Ratio Ranges — Signalized Intersections. The Highway Capacity Manual (HCM) operational analysis methodology describes the operation of an unsignalized intersection using a range from LOS A (free -flow conditions) to LOS F (severely congested conditions), based on delay experienced per vehicle; refer to Table 4.16 -2, LOS and VIC Ratio Ranges — Unsignalized Intersections. JN 10- 105583 97 Initial Study /Negative Declaration 5 City of Newport Beach Zoning Code Update Initial Study /Negative Declaration C'f<fFOR�P Table 4.16 -1 LOS and VIC Ratio Ranges — Signalized Intersections A 415 1- R0 ICi A a iO�t: '� ✓'fi :�Y'�?' .Ts .... <0.60 B 0.61-0.70 C 0.71- 0.80 D 0.81 -HO E 0.91 -1.00 F >1.00 Source: 1990 Transportation Research. Table 4.16 -2 LOS and VIC Ratio Ranges — Unsignalized Intersections rszT 21,f_�FrRat10_ E. 9 A < 10.0 B 10.01 -15.0 C 15.01-25.0 D 25.01-35.0 E 35.01-50.0 F > 50.0 Source: 1990 Transportation Research. LOS is based on the average stopped delay per vehicle for all movements of all -way stop - controlled intersections; for one -way or two -way stop - controlled intersections, LOS is based on the worst stop - controlled movement. Performance Criteria The Newport Beach General Plan Circulation Element defines an "acceptable level of service" as Level of Service "D" or better. The LOS "D" goal adopted by the Newport Beach reflects the City's desire to maintain stable traffic flow, realizing that peak hour congestion may occur at locations near the freeways or other locations with unusual traffic characteristics due to regional traffic flow. LOS "D" conditions conform to County -wide goals for traffic control along regional and sub - regional transportation routes. Impact Analysis 4.16(a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to JN 10- 105583 98 Initial Study /Negative Declaration t'L. c o�aEw�R @ City of Newport Beach Zoning Code Update InitialStudy /Negative Declaration �'crroa"•r intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant Impact. Currently, 17 roadway segments within the City operate at a level of service (LOS) that exceeds the City's Standard of LOS D. Five intersections citywide function at a deficient LOS. Future development permitted by the ZCU would increase vehicular movement in the vicinity of each future development site during AM and PM peak hour periods. Given that the City is primarily a built -out area, it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. As a result, the transportation infrastructure is largely already available to these areas. Impacts would result from the incremental traffic generation of redevelopment activities and new uses on vacant parcels. Depending on the specific site locations, intensity of development, and trip distribution characteristics, future increases in traffic volumes could aggravate existing deficiencies and /or cause an intersection to operate at an unacceptable LOS. However, the GPEIR concluded General Plan buildout would not cause any intersection to fail to meet the City's LOS D standard, therefore, this impact would be less than significant. 57 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to intersection LOS from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure potential impacts to intersection LOS are minimized. Due to the conceptual nature of the future development, proposals would require individual assessments of potential impacts to traffic and transportation. If necessary, mitigation would be recommended to avoid or lessen potential impacts at the site specific level. Future development would also be subject to compliance with NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, which establishes a fee, based upon the unfunded cost to implement the Master Plan of Streets and Highways, to be paid in conjunction with the issuance of a building permit. Compliance with NBMC Chapter 15.40, Traffic Phasing Ordinance, would ensure that the effects of new development projects are mitigated by developers as they occur. Future development would also be subject to compliance with General Plan Policies identified in GPEIR Section 4.13, Transportation/Traffic. Given that future development would undergo project -by- project review, and be subject to compliance with NBMC standards and General Plan policies, impacts to intersection LOS would be less than significant. Refer to Response 4.16(f) for discussions regarding potential impacts to transit, bicycle, and pedestrian facilities. Mitigation Measures: No mitigation is required. 57 Ibid., Page 4.13 -32. JN 10- 105583 99 Initial Study /Negative Declaration EWPp ova f R e City of Newport Beach Zoning Code Update "= Initial Study /Negative Declaration G< /L00.NP 4.16(b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. The purpose of the Orange County Congestion Management Program (CMP) is to develop a coordinated approach to managing and decreasing traffic congestion by linking the various transportation, land use and air quality planning programs throughout the County. The CMP program requires review of substantial individual projects, which might on their own impact the CMP transportation system. According to the CMP (Orange County Transportation Authority, 2001), those proposed projects, which meet the following criteria, shall be evaluated: Development projects that generate more than 2,400 daily trips (the threshold is 1,600 or more trips per day for development projects that will directly access a CMP Highway System link). • Project with a potential to create an impact of more than three percent of level of service E capacity. Future development permitted by the ZCU would increase vehicular movement in the vicinity of each future development site and potentially on facilities subject to CMP. However, as discussed in Response 4.16(a) above, development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed. As such, potential impacts to intersection LOS from future development permitted by the ZCU were anticipated in the GP /GPEIR. Given that future development would undergo project -by- project review, and be subject to compliance with NBMC standards and General Plan policies, impacts to CMP designated roads or highways would be less than significant. Mitigation Measures: No mitigation is required. 4.16(c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The City is primarily a built -out area, and it is anticipated that future development permitted by the ZCU would generally consist of infill and redevelopment. Therefore, future development permitted by the ZCU would not result in a change in air traffic patterns that results in substantial safety risks. Mitigation Measures: No mitigation is required. 4.16(d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. Currently, there are no site - specific development plans for development in accordance with the ZCU. Therefore, future development proposals would be reviewed on a case -by -case basis. At the time of review, any hazardous designs shall be JN 10405583 100 Initial Study /Negative Declaration o�aEm�R' City of Newport Beach Zoning Code Update Initial Study/Negative Declaration �C /f00.HP modified. Additionally, future development would be required to comply with the General Plan policies, which would minimize potential impacts involving hazards due to a design feature. Mitigation Measures: No mitigation is required. 4.16(e) Result in inadequate emergency access? Less Than Significant Impact. All future development permitted by the ZCU would be required to meet all applicable local and State regulatory standards for adequate emergency access; refer also to Response 4.8(g). Mitigation Measures: No mitigation is required. 4.16(Q Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less Than Significant Impact. Currently transit lines exist throughout the City. As illustrated in GPEIR Figure 4.13 -7, Newport Beach Existing Bicycle Facilities, bikeways, bike paths, and bike trails exist throughout the City. Additionally, there are currently sidewalks along all roadways in the City. There are also marked crosswalks or other pedestrian treatments at all intersections. Given that the City is primarily a built -out area, and future development permitted by the ZCU would generally consist of infill and redevelopment, it is not anticipated that any incremental growth in transit trips produced by the future development would generate a demand beyond the capacity already provided. Additionally, it is not anticipated that future development would impact the effectiveness of the City's bicycle and pedestrian facilities. Future development would be subject to compliance with the General Plan policies pertaining to transit, bicycle, and pedestrian facilities outlined in GPEIR Section 4.13, TransportationlTraffic. In particular, compliance with General Plan Policies CE 5.1.1 to 5.1.16 and 6.2.1 to 6.2.3 would encourage alternative modes of transportation on the local and regional scale including pedestrian, bicycle, and transit. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts to transit, bicycle, and pedestrian facilities would be less than significant. Mitigation Measures: No mitigation is required. JN 10- 105583 101 Initial Study/Negative Declaration I1-07 o�aEa�R e City of Newport Beach Zoning Code Update `= Initial Study /Negative Declaration <IFORN This page intentionally left blank JN 10- 105583 102 Initial Study /Negative Declaration { I'At City of Newport Beach ¢ Zoning Code Update Initial Study /Negative Declaration C�GisOPN' 4.17 UTILITIES AND SERVICE SYSTEMS 4'9; f 1 y. t: i ,* l 1 ih; 1 iiEs15✓X✓' �.' 1 yMS #ncorporated¢ssSx r y Lke..� K s a. Exceed wastewater treatment requirements of the applicable .t, Regional Water 0uali Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the ,r construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of T which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded T entitlements needed? e. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate ,I, capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the ro'ect's solid waste dispose needs? T g. Comply with federal, state, and local statutes and regulations ,t, related to solid waste? Impact Analysis 4.17(a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The City requires NPDES permits, as administered by the Santa Ana RWQCB, according to federal regulations for both point source discharges (a municipal or industrial discharge at a specific location or pipe) and nonpoint source discharges (diffuse runoff of water from adjacent land uses) to surface waters of the United States. For point source discharges, such as sewer outfalls, each NPDES permit contains limits on allowable concentrations and mass emissions of pollutants contained in the discharge. Future devefopment permitted by the ZCU would not exceed wastewater treatment requirements. The GPEIR concluded General Plan implementation would result in no impact, because future development would be required to adhere to existing regulations and General Plan policies.se Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts involving exceedances to wastewater treatment requirements from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU 56 Ibid., Page 4.14 -30. JN 10- 105583 103 Initial Study /Negative Declaration Y s gW Pp City of Newport Beach Zoning Code Update Initial Study /Negative Declaration G< /G00.0.`P would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure future development would not exceed wastewater treatment requirements. Future development would continue to comply with all provisions of the NPDES program, as enforced by the RWQCB. Additionally, the NPDES Phase I and Phase II requirements would regulate discharge from construction sites. All future projects would be required to comply with the wastewater discharge requirements issued by the SWRCB and Santa Ana RWQCB. Therefore, the future development permitted by the ZCU would not result in an exceedance of wastewater treatment requirements of the RWQCB with respect to discharges to the sewer system or stormwater system within the City. Mitigation Measures: No mitigation is required. 4.17(b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. Water Conveyance and Treatment The City's water service is provided by the City, Irvine Ranch Water District (IRWD), and Mesa Consolidated Water District (Mesa). GPEIR Figure 4.14 -1, Water Infrastructure and Service Areas, illustrates the City's water infrastructure and service boundaries of each provider. Moreover, the City's existing water system is described in GPEIR Section 4.14.1, Water Systems. The City's imported surface water supply is primarily treated at the Metropolitan Water District (MWD) Diemer Filtration Plant, with a treatment capacity of approximately 520 MGD, operating at 72 percent capacity during the summer. According to the GPEIR, MWD can meet 100 percent of the City's imported water needs until the year 2030. In addition, Irvine Ranch Water District (IRWD) also receives potable water from MWD's Weymouth Filtration Plant, which operates at approximately 65 percent capacity during the summer. Currently, the City's groundwater supply is treated at the City's Utility Yard, which can accommodate up to 1.5 MG in each chamber reservoir. Future development permitted by the ZCU would increase water consumption, placing greater demands on water conveyance and treatment facilities. However, the GPEIR concluded adequate water infrastructure would be provided for all General Plan development and impacts involving water conveyance and treatment facilities would be less than significant, following compliance with General Plan policies .59 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to water conveyance and treatment facilities from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of 59 Ibid., Page 4.14 -17. JN 10- 105583 104 Initial Study /Negative Declaration u City of Newport Beach Zoning Code Update Initial Study/Negative Declaration the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that adequate water conveyance and treatment infrastructure is provided. The environmental impacts associated with the construction of new water conveyance and treatment facilities or expansion of existing facilities (if required) would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. Future development would also be subject to compliance with General Plan policies that would implement water conservation measures, thereby reducing the volume of water requiring conveyance and treatment. Policy 2.8 directs the City to accommodate land uses that can be adequately supported by infrastructure, including water conveyance and treatment facilities. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts to water conveyance and treatment facilities would be less than significant. Wastewater Conveyance and Treatment Wastewater service within the City is provided by the City, IRWD, and Costa Mesa Sanitation District (CMSD). GPEIR Figure 4.14 -2, Wastewater Infrastructure and Service Areas, illustrates the City's wastewater infrastructure and service boundaries of each provider. Moreover, the City's existing wastewater system is described in GPEIR Section 4.14.2, Wastewater Systems. Wastewater from the City's system and CMSD is treated by the Orange County Sanitation District (OCSD) at their two treatment plants. OCSD Treatment Plant No. 1 currently maintains a design capacity of 174 mgd and is operating at 52 percent design capacity. Treatment Plant No. 2 maintains a design capacity of 276 mgd and is currently operating at 55 percent of design capacity. Wastewater flows from the IRWD wastewater system are treated at the OCSD Reclamation Plant No. 1, Treatment Plant No. 2, or at the Michelson Water Reclamation Plant (MWRP). Therefore, each of the treatment plants serving the City is operating below their design capacity. Future development permitted by the ZCU would generate increased wastewater flows, placing greater demands on wastewater conveyance and treatment. However, the GPEIR concluded compliance with General Plan policies would ensure adequate wastewater facilities are available to City residents, and impacts to wastewater conveyance and treatment facilities would be less than significant .60 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to wastewater conveyance and treatment facilities from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order 60 Ibid., Page 4.14 -32. JN 10- 105583 105 Initial Study/Negative Declaration (� aEW'Oa' o ! .\o City of Newport Beach Zoning Code Update Initial Study /Negative Declaration to ensure that adequate wastewater conveyance and treatment infrastructure is provided. The environmental impacts associated with the construction of new wastewater conveyance and treatment facilities or expansion of existing facilities (if required) would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. Future development would also be subject to compliance with the City's Sewer System Management Plan and Sewer Master Plan (Policy NR 5.1). Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts to wastewater conveyance and treatment facilities would be less than significant. Mitigation Measures: No mitigation is required. 4.17(c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. Refer to Responses 4.9(a), 4.9(c), and 4.9(d). Mitigation Measures: No mitigation is required. 4.17(d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than significant Impact. Water service is provided by the City, IRWD, and Mesa Consolidated Water District. Water supply is provided by groundwater and imported surface water. Approximately 75 percent of the water supply is provided by groundwater from the Orange County Groundwater Basin. The remainder is provided by MWD, which delivers water from the Colorado River and the State Water Project. Future development permitted by the ZCU would increase the City's water demands. However, the GPEIR concluded the 2030 projected availability of imported water supply exceeds the 2030 projected region -wide demand for imported water supply by at least 155,000 AF. 61 Additionally, the GPEIR concluded, because adequate existing and planned imported water supply to accommodate the increased demand associated with the General Plan would be available, impacts to the water supply would be less than significant. Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to water supply from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and design review on a project - by- project basis, in order to ensure that adequate water supply is provided. In particular, future development would be subject to compliance with Senate Bills 221 and 610. The two bills amended State law to better link information on water supply availability to certain land use decisions by cities and counties. The two companion bills provide a regulatory forum that requires 61 Ibid., Page 4.14 -32. JN 10- 105583 106 Initial Study /Negative Declaration �. i 0o City of Newport Beach Zoning Code Update Initial Study /Negative Declaration 1` more collaborative planning between local water suppliers and cities and counties. All SB 610 and 221 reports are generated and adopted by the public water supplier. Senate Bill (SB) 610 requires a detailed report regarding water availability and planning for additional water supplies that is included with the environmental document for specified projects. All "projects' meeting any of the following criteria require the assessment: • A proposed residential development of more than 500 dwelling units (DU); • A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet (SF) of floor space; • A proposed commercial office building employing more than 1,000 persons or having more than 250,000 SF of floor space; • A proposed hotel or motel, or both, having more than 500 rooms; • A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 SF of floor area; • A mixed -use project that includes one or more of the projects specified in this subdivision; or • A project that would demand an amount of water equivalent to, or greater than the amount of water required by a 500 -DU project. While SB 610 primarily affects the Water Code, SB 221 principally applies to the Subdivision Map Act. The primary effect of SB 221 is to condition every tentative map for an applicable subdivision on the applicant by verifying that the public water supplier (PWS) has "sufficient water supply" available to serve it. Any future development meeting SB 610 criteria would require a water supply assessment. Similarly, any residential project involving a subdivision pursuant to SB 221 would require verification of sufficient water supply from the water supplier. Additionally, the proposed ZCU adds the Landscaping Standards chapter, which provides landscape standards to conserve water, among other objectives. All future residential development would also be subject to compliance with General Plan policies, which serve to minimize water consumption through conservation methods and other techniques (Policies NR 1.1 to 1.5), and expand the use of alternative water sources to provide adequate water supplies for present uses and future growth (Policies NR 2.1 and 2.2). Given that future development would undergo project -by- project review, and be subject to compliance with existing legislation (SBs 610 and 221), NBMC standards, and General Plan policies, impacts to water supplies would be less than significant. Mitigation Measures: No mitigation is required. 4.17(e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact. Refer to Response 4.17(b) JN 10- 105583 107 Initial Study /Negative Declaration gWPp City Newport Beach Zoning Code Update Initial Study /Negative Declaration P <GOPH\ Mitigation Measures: No mitigation is required. 4.17(0 Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The City contracts with Waste Management of Orange County in Newport Beach to collect and dispose of the City's solid waste. The solid waste is disposed of at the Frank R. Bowerman Landfill in Irvine. The Bowerman Landfill, which is operated by the Orange County Integrated Waste Management Department (OCIWMD), is a 725 -acre facility that is operating at a maximum daily permitting capacity of 8,500 tons per day. The landfill has a remaining capacity of 44.6 million tons and is expected to remain open until 2022. Future development permitted by the ZCU would generate increased solid wastes, placing greater demands on solid waste disposal services, and ultimately on landfill disposal capacities. However, the GPEIR concluded impacts would be less than significant, since Frank R. Bowerman Sanitary Landfill would have sufficient capacity to serve the increased General Plan development .62 Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to landfill capacity from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project -by- project basis based upon the permit requirements established within the ZCU in order to ensure that impacts to landfill capacities are minimized. Additionally, the ZCU proposes the revisions to the Solid Waste and Recyclable Materials Storage section, by including standards, in order to ensure that adequate space is provided and trash storage areas are adequately screened. Given that future development would undergo project -by- project review, and be subject to compliance with NBMC standards, impacts to landfill capacity would be less than significant. Mitigation Measures: No mitigation is required. 4.17(g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The California Integrated Waste Management Act of 1989 (AB 939) required that local jurisdictions divert at least 50 percent of all solid waste generated by January 1, 2000. The City consistently complies with AB 939 through diverting 50 percent or more of solid waste. The City also remains committed to continuing reducing and minimizing solid waste. Therefore, future development would not conflict with Federal, State, or local statues and regulations. Mitigation Measures: No mitigation is required. 62 Ibid., Page 4.14 -44. JN 10- 105583 108 Initial Study /Negative Declaration � NEW ART O h4 �@ C94FOR�`r 4.18 MANDATORY FINDINGS OF SIGNIFICANCE Initial of Newport Beach ning Code Update gative Declaration Impact Analysis 4.18(a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a Fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact. As concluded in Responses 4.4 and 4.5, respectively, the proposed ZCU would result in less than significant impacts on biological resources and cultural resources (i.e. historic, archaeological, or paleontological). Therefore, the proposed ZCU would result in less than significant impacts involving the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major period of California history or prehistory. 4.18(b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? JN 10- 105583 109 Initial Study /Negative Declaration a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal T community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory'? b. Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects T of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or T indirectly? . Impact Analysis 4.18(a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a Fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact. As concluded in Responses 4.4 and 4.5, respectively, the proposed ZCU would result in less than significant impacts on biological resources and cultural resources (i.e. historic, archaeological, or paleontological). Therefore, the proposed ZCU would result in less than significant impacts involving the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major period of California history or prehistory. 4.18(b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? JN 10- 105583 109 Initial Study /Negative Declaration o City of Newport Beach agW Pp� 0 Zoning Code Update $ Initial Study /Negative Declaration Less Than Significant Impact. As all impacts discussed in this Initial Study are less than significant or can be reduced to less than significant following compliance with General Plan policies, implementation of the proposed ZCU would not result in significant cumulative impacts. The ZCU is consistent with the City's GP /GPEIR. Through certification of the GPEIR in July 2006, the City Council found that the benefits of General Plan implementation outweighed its significant environmental impacts, including cumulative impacts on aesthetics, air quality, cultural, noise, population and housing, and traffic. Development permitted by the ZCU was considered in the GPEIR analysis, since additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities /intensities that were not included in the GP. As such, potential cumulative impacts from future development permitted by the ZCU were anticipated in the GP /GPEIR. Implementation of the proposed ZCU would be consistent with the analysis presented in the GPEIR, and would result in no greater cumulative impacts than previously identified. 4.18(c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. Previous sections of this Initial Study reviewed the proposed project's potential impacts involving aesthetics, air pollution, noise, public health and safety, traffic and other issues. As concluded in these previous discussions, the proposed Project would not result in any significant impacts related to these issues. Therefore, the proposed ZCU Project would not result in environmental impacts that would cause substantial adverse effects on human beings. JN 10- 105583 110 Initial Study /Negative Declaration �agwaoRT o ,e� u � i �4roaad 4.19 REFERENCES Initial of Newport Beach ning Code Update gative Declaration The following references were utilized during preparation of this Initial Study. These documents are available for review at the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663. 1) California Department of Conservation official website, http: / /www.conservation.r-a.gov/ cgs /rghm /ap /Pages /affected.aspx. Accessed May 18, 2010. 2) California Office of the Attorney General, Sustainability and General Plans: Examples of Policies to Address Climate Change, updated January 22, 2010. 3) City of Newport Beach, City of Newport Beach General Plan, July 25, 2006. 4) City of Newport Beach Municipal Code, Approved by Ordinance No. 97 -09, Adopted March 24, 1997. 5) EIP Associates, City of Newport Beach General Plan 2006 Update, Volume l Draft Environmental Impact Report, April 21, 2006. 6) Fundamentals and Abatement of Highway Traffic Noise, Bolt, Beranek, and Newman, 1973. 7) South Coast Air Quality Management District, 2007 Air Quality Management Plan for the South Coast Air Basin, October 2003. 8) South Coast Air Quality Management District, CEQA Air Quality Handbook, November 1993. 9) State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark. Sacramento, California, May 2010. JN 10- 105583 111 Initial Study /Negative Declaration aE City Newport Beach Zoning Code Update �= Initial Study /Negative Declaration w` This page intentionally left blank JN 10- 105583 112 Initial Study /Negative Declaration o� City of Newport Beach z` @ Zoning Code Update Initial Study /Negative Declaration 4.20 REPORT PREPARATION PERSONNEL City of Newport Beach (Lead Agency) 3300 Newport Boulevard Newport Beach, California 92663 714.647.5899 Mr. James Campbell, Senior Planner RBF Consulting (Environmental Analysis) 14725 Alton Parkway Irvine, California 92618 949.472.3505 Mr. Glenn Lajoie, AICP, Vice President, Environmental Services Ms. Rita Garcia, Project Manager Mr. Eddie Torres, INCE, REA, Air Quality and Noise Specialist Ms. Linda Bo, Word ProcessorlGraphic Artist JN 10- 105583 113 Initial Study /Negative Declaration JN 10- 105583 This page intentionally left blank 114 City of Newport Beach Zoning Code Update Initial Study /Negative Declaration Initial Study /Negative Declaration k -e' o��Ewaoe o City of Newport Beach Zoning Code Update ie ¢ Initial Study /Negative Declaration �( /FOM1N`P 5.0 CONSULTANT RECOMMENDATION Based on the information and environmental analysis contained in Section 3.0, Initial Study Checklist, and Section 4.0, Environmental Analysis, it is concluded that the proposed City of Newport Beach Zoning Code Update Project would not have a significant effect on the environmental issues analyzed. Accordingly, it is recommended that the first category be selected for the City's determination (refer to Section 6.0, Lead Agency Determination) and that the City of Newport Beach prepare a Negative Declaration for the Project. May 25, 2010 Date -i&!- Project Manager Environmental Services RBF Consulting A 10405583 +Se- Initial Study /Negative Declaration lls a JN 10- 106683 This page intentionally left blank 116 Initial of Newport Beach ning Code Update gative Declaration Initial Study /Negative Declaration \` 6 O�` dL T QHr m CYLlfUA�`r City of Newport Beach Zoning Code Update Initial StudvlNeoafive Declaration 6.0 LEAD AGENCY DETERMINATION On the basis of this initial evaluation: I find that the proposed use COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposal could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in Section 4.0 have been added. A NEGATIVE DECLARATION will be prepared. I find that the proposal MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Si A nature 71`A-m i s G4 s4 P 73 c t_. Printed Nameffitle JN 10- 105583 117 City of Newport Beach Agency tEl IN FEE 17, 71-01L> Date Initial Study /Negative Declaration a gWPp City of Newport Beach Zoning Code Update Initial StudylNegative Declaration C <FORN \r This page intentionally left blank JN 10- 105583 118 Initial Study /Negative Declaration s Attachment No. CC 2 City Council Ordinance — Zoning Code Update H �::F ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A COMPREHENSIVE UPDATE OF TITLE 20 - PLANNING AND ZONING OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, The Newport Beach City Council adopted Resolution No. 2006 -76 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). WHEREAS, Pursuant to City Charter Section 423 and the Measure S Guidelines, the General Plan Update was considered to be a "maj or amendment" due to the resulting increases in density, intensity and traffic. Consistent with City Charter Section 423, the General Plan Update was placed on the ballot for the November 7, 2007, General Election. The electorate approved the increases associated with the General Plan Update. WHEREAS, Chapter 13 of the General Plan contains the City's implementation program to carry out the goals and policies of the General Plan. Implementation Program 2.1 calls for a review and amendment of the City's Zoning Code for consistency with the General Plan. WHEREAS, Section 10 of City Council Resolution No. 2006 -76 directed the Planning Department to begin the preparation of a revised zoning ordinances, subdivision and other ordinances necessary to implement the General Plan. WHEREAS, City Council Resolution No. 2006 -106 established the General Plan /Local Coastal Plan Implementation Committee that was charged with developing a work program and revisions of the Zoning Code Update. WHEREAS, The General Plan Local Coastal Plan Implementation Committee held over 45 public meetings to discuss the zoning code update project. WHEREAS, In coordination with the General Plan /Local Coastal Plan Implementation Committee, City staff prepared a comprehensive update of the Zoning Code, which includes new zoning districts, new use classifications, updated and revised definitions, new and amended development standards, updated Zoning Maps, and modified administrative procedures ( "Zoning Code Update "). The Zoning Code Update is a complete replacement of the City's current zoning regulations. The Zoning Code Update reflect the land use designations and policies established by the Land Use Element of the General Plan. WHEREAS, in accordance with the Airport Environs Land Use Plan (AELUP), the Zoning Code Update was reviewed by the Airport Land Use Commission and found j was found to be consistent with the inclusion of suggested revisions that have been incorporated within the Zoning Code Update. WHEREAS, In accordance with Chapter 20.94 of the Zoning Code, the Planning Commission considered the proposed Zoning Code Update, an Initial Study, and Negative Declaration and received public testimony during a series of public hearings held on June 3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July 15, 2010, and July 29, 2010 that were duly noticed as required by the California Government Code. WHEREAS, The City Council considered the proposed Zoning Code Update and an Initial Study and Negative Declaration and received public testimony during a public hearing held on October 12, 2010, that were duly noticed as required by the California Government Code. WHEREAS, the City Council incorporates the CEQA determination and all facts and findings from Resolution No adopting a Negative Declaration for the Zoning Code Update by reference. WHEREAS, the City Council of the City of Newport Beach, California, hereby finds as follows: 1. The General Plan Update, approved by voters in 2006, reflects the community's vision for Newport Beach, and provides policies for realizing this vision. The zoning code is an important tool for implementing land use related policies of the Newport Beach General Plan. 2. The Zoning Code Update is consistent with the General Plan. 3. The Zoning Code Update is consistent with the certified Coastal Land Use Plan. 4. The Zoning Code update is consistent with the Airport Environs Plan Land Use Plan (AELUP) for John Wayne Airport. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: SECTION 1: Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended in its entirety to read as provided in Exhibit "A ". SECTION 2: The following projects or permit applications may be allowed and ministerial permits issued provided they are found consistent with prior discretionary approvals, the General Plan, and the Municipal Code in effect on the effective date of Zoning Code Update (Exhibit "A "). 1. All discretionary applications and Approval in Concept's (AIC's) submitted and deemed complete prior to the effective date of this ordinance. 2. Ministerial applications (e.g. building permits) submitted prior January 1, 2011. 3. Applications for ministerial permits associated with previously approved and unexpired discretionary permits. 2 Rq 4. Projects under construction with valid building permits. SECTION 3: Any permit, license or approval issued pursuant to this ordinance shall be consistent with the City of Newport Beach General Plan. In all cases where there is a conflict between this ordinance and the General Plan, the General Plan shall prevail. SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of October 2010, and adopted on the 26th day of October 2010, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Att rney For the City of Newpoil Beach 3 jw II Attachment No. CC 3 Summary of Change r. s ?. Comprehensive Zoning Code Update Summary of Change Newport Beach Planning Department October 2010 4 Part 1 — Zoning Code Applicability (page 1 -3) Part 1 of the draft code replaces Chapter 20.01 of the current Code. This Part includes the purpose of the zoning code, provisions for interpretations and an explanation of the zoning map. There are two notable differences between the current code and the draft code. First, section 20.10.040A of the draft code states that the City Council may exempt specific City implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific Code provisions that would apply in the absence of the exemption. The current code does not contain such language as state law allows cities to exempt their public projects from zoning rules. The second difference is the zoning map. The current code uses a set of over seventy 8.5 x 11 Districting Maps to depict the zoning districts, density, intensity and setbacks. The draft code utilizes a large format map (36" x 48 ") to depict zoning districts, density and intensity and set of thirty -one 11" x 17" setback maps (see Part 8 for the setback maps). Part 1 Summary 1 Part 2 — Zoning Districts, Allowable Land Uses and Zoning District Standards Part 2 establishes all zoning districts, their allowed uses and district standards to implement the uses of land established by the General Plan. The districts are identified on the Zoning Map and the various zones correspond to the General Plan Land Use Plan maps and land use categories. The density of residential use and intensity of non- residential use allowed within the various zones is no greater than allowed by the Land Use Element of the General Plan. Part 2 is the heart of the Zoning Code and each of the other Parts of the code are directly related. Each zone has a list of allowed uses and those uses are defined in Part 7 (Definitions). Uses are either allowed by right or are subject to discretionary review such as a Limited Term Permit (LTP), Minor Use Permit (MUP) or Conditional Use Permit (CUP). If a particular use is not listed in the tables, it is not allowed unless the Planning Director finds (i.e. interprets) that an unlisted use is similar to a listed use. These discretionary permits processes are defined in detail within Part 5 (Planning Permit Procedures), but for now, the LTP simply allow uses for a limited amount of time and the review authority is the Zoning Administrator. The MUP is a reflection of the current process where the Planning Director may issue certain Use Permits. The Zoning Administrator is the review authority for MUPs. A CUP is no different than the current Use Permit process where the Planning Commission is the review authority. Allowed Uses The specific entries within the various allowed use tables were developed by staff and the City's consultant with specific input and oversight from the General Plan Implementation Committee. Entries are based upon current zoning regulations, the purpose of each zone and its corresponding land use category of the Land Use Element of the General Plan, related policies of General Plan, and the locations of the various zones and their unique relationships with their surroundings. Other factors influenced the entries within the allowed use tables including a desire to simplify the process wherever possible, to maintain consistency with any applicable State laws, and to avoid creating nonconforming uses where possible. The allowed use tables also contain references to specific use regulations that are located within Part 4 (Standards for Specific Land Uses) as a way to highlight for the reader additional regulations for that listed use. The most noteworthy changes relate to the sale of alcohol and eating and drinking establishments, which are discussed below in Part 4. Development Standards Each of the zones has base development standards that are listed in several tables. Those standards include minimum lot dimensions, density or intensity limits, minimum setbacks, lot coverage limits, floor area limits, structure height, open space, fencing, landscaping, lighting, parking and signs among others. In many cases, specific dimensions, areas, percentages or ratios appear but in other cases, there is a reference to a separate Chapter or Section where the standards can be found when those standards are too complex to appear within the development standard tables. Part 2 Summary 1 t As with the allowed use tables, the development standards tables were developed by staff and the City's consultant with specific input and oversight from the General Plan Implementation Committee. Most of the standards are based upon current zoning regulations so as to avoid creating non conformities. Where new standards were necessary for new zones, entries were based upon existing standards for similar uses within existing zoning classifications. In residential districts, the current existing floor area limit (FAL) and lot coverage standards will be retained. Subterranean basements will not count towards the maximum FAL in zoning districts that utilize the FAL. A new provision limits 3rd floors to 15% or 20% of the buildable area of the lot, depending on the lot width. Another change is the elimination of the current open space provision, which is replaced by an open volume provision that will create building modulation to improve designs and provide noticeable and useful open space. It is important to note that single family residences and duplexes within existing Planned Communities and those regulated by lot coverage standards would not be affected by the third floor and open volume provisions. Another change is the inclusion of the several of the 2007 Design Criteria. This change will be outlined below in Part 3 (site Planning and Development Standards). Another change to note is the method of measuring the height of buildings. The height limits are not changing, but the practice of measuring the height of a sloping roof at its midpoint is being eliminated for a far simpler method. Again, this change will be highlighted below in Part 3. The last change to note is an increased alley setback for all new residential buildings when the alley is narrow (10 feet) and the lot on the other side of the alley has its side yard abutting the alley. This increased setback will improve vehicle circulation in the alleys in these specific cases. Chances to Zones The boundaries and use of existing residentially -zoned properties remain unchanged, although the names of the various residential zones have been altered. For example, the R -1.5 zone for Balboa Island becomes R -BI, the R-1 -B becomes the R -1 -6000 and the MFR zone becomes the RM zone. Existing commercial zones (RSC, RMC and APF) have been diversified. The existing retail zones (RSC and some RMC areas) are now the CC (Commercial Corridor), CG Commercial General), CN (Commercial Neighborhood), CM (Commercial Recreational and Marine) and the CV (Commercial Visitor - Serving). The existing office zone (APF) becomes the OA (Office — Airport), OG (Office — General), OM (Office — Medical) and the OR (Office — Regional). The existing industrial zones (M -1, M -1 -A and IBP) were condensed into the IG (Industrial Zoning District) due to the contraction of industrially designated land. The existing institutional zone (GEIF) was split into two new zones, the PF (Public Facilities) and PI (Private Institutional) to differentiate between public and private institutions. All boundaries and uses in all existing Planned Community Districts remain unchanged. Part 2 Summary E The existing open space zones (OS -A and OS -P) were altered to create the PR (Parks and Recreation) for active areas and the OS (Open Space) zone primarily for resource protection. The updated General Plan establishes a variety of mixed -use land use designations that were applied to areas where mixed -use development is allowed by existing regulations as well as new areas such as Mariner's Mile and several properties along Dover Drive. The MU -V (Mixed -Use Vertical) zone is applied to areas where residential units are presently allowed above a commercial use and this zone is designed to replicate existing standards. The MU -MM (Mixed -Use Mariner's Mile), MU -DW (Mixed -Use Dover/Westcliff) and the MU -CV /15'' St (Mixed -Use Cannery Village and 15th Street) zones are new and were designed for the specific provisions and limited residential uses allowed by the General Plan for these areas. The MU -W1 and MU -W2 (Mixed -Use Water) are to address mixed -use development for locations on Newport Bay and on Marine Avenue. Specific Plans Five existing specific plan districts (Newport Shores, Mariner's Mile, Cannery Village /McFadden Square, Central Balboa, and Old Newport Boulevard) are eliminated and replaced with the various zones identified above based on the General Plan. The Santa Ana Heights Specific Plan is the only adopted specific plan that will remain unchanged, although it will be re- adopted by ordinance separately. Overlay Zoning Districts The number and type of "overlay" districts will be reduced as a result of the expanded zoning districts. The "B" overlay has been eliminated with it provisions being incorporated within the new residential zones. The "R" or Residential overlay, and the "MM" or Mariner's Mile overlay are both eliminated with their provisions being replaced by the mixed -use zones. The "IS" or Interim Study overlay is being eliminated altogether. The "SPR" or Site Plan Review overlay, and the "PRD" or Planned Residential Development overlay have been replaced by updated permit processes contained within Part 5 of the new Zoning Code. The existing "MHP" or Mobile Home Park overlay, and the "PM" or Parking Management overlay remain. One new overlay district has been added, the Bluff overlay. The purpose of this proposed overlay district is to implement specific policies of the Natural Resources Element of the General Plan that require limiting development to the predominant line of existing development to preserve visual quality, protect public views and to ensure safety. The proposed overlay is reflected on the Zoning Map with detailed maps found in Part 8. A Canyon overlay district to implement similar policy objectives for Buck Gully and Morning Canyon has not been included at this time as it requires additional analysis. In the interim, staff will continue to implement the Natural Resources Element Policy NR 23.6 that requires new development to be within the predominant line of existing development. Part 2 Summary 3 Part 3 - Site Planning and Development Standards The following outlines notable changes within Part 3 of the Draft Zoning Code Section 20.30.020 - Bufferina and Screenina (paae 3 -5) The current code (Section 20.60.020) provides for the screening of mechanical equipment from view. This section has been revised to add standards to address the interfaces between residential and nonresidential uses and buffering requirements to reduce impacts between incompatible land uses. Also, it adds screening requirements for outdoor storage and display and solid waste storage areas. Section 20.30.040 - Fences. Hedges. Walls and Retaining Walls (paae 3 -7) The current code (Section 20.60.030) provides limits on the height of fences, hedges and walls. This section has been revised to limit the height of retaining walls and to require that they be terraced to help minimize alteration of slopes. Also, it increases the maximum height for fences, hedges and retaining walls within front setback areas from 36 to 42 inches consistent with the minimum height of guardrails pursuant to the Building Code. Provisions were also included to allow protective fencing for pools and spas, which must be a minimum height of 5 feet, when required Building Code. Section 20.30.050 - Grade Establishment (pane 3 -10) Section 20.65.030 of the current code requires the use of the "natural grade" as the baseline grade to measure the height of buildings and structures. The height is measures from height from "the grade below" which equates to height being measured from an uneven, undulating surface (e.g. a potato chip). Subsection 20.65.030.B addresses sites that have been altered where the finished grade of filled areas is used and the finished grade of excavated surfaces is not used. These existing provisions are challenging to implement when designers are designing buildings to take advantage of every inch below height limits and owners are seeking ever taller structures. The revised provisions simplify the way grade is established for the purpose of measuring building height. In cases where the slope is 5% or less, a simple average of the existing grade will be used. In cases where the average grade is greater than 5 %, a sloping grade plane will be used and Figure 3 -4 on page 3 -14 shows the grade plane concept. These new techniques will save time for staff, owners and builders. Section 20.30.060 - Height Limits and Exceptions (page 3 -13) Chapter 20.65 of the current code establishes height limits for zoning districts and it identifies several limited exceptions e.g. roof peaks, vents, chimneys, flag poles, etc.). Height limits are not changing. The draft section eliminates the practice of measuring the height of buildings at the mid -point of sloping roofs. Flat roofs, including parapet walls or guardrails, and the peak of sloping roofs (slopes 3:12 or greater) will not be any higher than presently allowed based upon a property's zoning designation (e.g. R -1, CG, PC, etc.). Part 3 Summary 1 Section 20.30.070 - Outdoor Liahtina (oaae 3 -18 The current code regulates outdoor lighting for sports courts in residential districts, requires "adequate" lighting in certain circumstances and has few protections from excessive lighting. This section provides subjective outdoor lighting standards without specifying minimum or maximum levels. The draft provisions provide a more complete set of tools than the City presently has to avoid or reduce negative impacts of light and glare. Section 20.30.080 - Noise (gape 3 -19) The Zoning Code does not contain any noise standards as the City regulates noise by Title 10 (Offenses and Nuisances), specifically Chapter 10.26 (Community Noise Control) and Chapter 10.28 (Loud and Unreasonable Noise). The draft section adds provisions for the review of proposed projects to avoid or mitigate impacts, establishes thresholds of significance pursuant to the Noise Element and promotes compatibility between land uses. The proposed section is consistent with and augments the standards within Chapters 10.26. Section 20.30.100 - Public View Protection (paae 3 -21) The current code does not contain any specific regulations protecting public views. Public views are currently protected through the implementation of the California Environmental Quality Act only for discretionary projects. This section adds public view protection regulations to preserve visual resources and public views from identified public view points and corridors in accordance with General Plan polices under GP Goal NR 20. Section 20.30.110 - Setback Exceptions Reaulations and Exceptions (naae 3 -22 The current code (Sections 20.60.020 & 20.60.030) contains an extensive list of allowed encroachments within required setback areas (e.g. fences, eves, architectural features, accessory structures, mechanical equipment, etc.). These current standards have been revised to provide clearer rules for the placement of accessory mechanical equipment, minor accessory structures, and to allow a broader range of minor structures that are commonly requested that are subordinate to primary residential and commercial uses to encroach into front yard setbacks. Examples are decorative caps for compliant walls, built -in barbeques and minor encroachments into all setbacks by subterranean walls and structural supports. Side yard encroachments have been revised to require a 36- inch wide clear path of travel on one side of new buildings for emergency personnel and a standard for clear access through front and side yards primary entrances to dwellings. Section 20.30.120 - Solid Waste and Recyclable Materials Storaae (paae 3 -29) The current code (Section 20.60.090) provides for the inclusion of recycling areas within certain development projects. This section was updated to require solid waste and recyclable material storage areas in compliance with State law for both residential and Part 3 Summary 2 155. commercial uses. The standards will ensure that adequate space is provided and trash storage areas are adequately screened. Section 20.30.130 - Traffic Visibility Area (pane 3 -32) The current code (Section 20.60.030) limits the height of fences, walls, uncovered accessory structures, and hedges to 36 inches in areas that could block a driver's visibility at driveways and corners. This section has been revised to provide additional safety visibility standards consistent with Public Works Traffic standards. Chapter 20.32 - Density Bonus (page 3 -35) The current code does not implement State bonus density law. This section adds density bonus regulations consistent with State law to promote the City's goal to add affordable housing units to the housing stock. Chapter 20.34 - Conversion or Demolition of Affordable Housina (page 3-47) The current code (Chapter 20.86) implements the Mello Act (Government Code §65590) and it only applies to property within the Coastal Zone. This section has been revised, maintaining its consistency with State law, and adds standards to determine if providing affordable replacement units is feasible. Chapter 20.36 - Landscapina Standards (paae 3 -53 The current code does not provide landscape standards. This section adds landscape standards to enhance the appearance of development projects, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve air quality, and improve pedestrian and vehicular traffic and safety. Chapter 20.38.40 - Nonconforming Uses and Structures (paae 3 -59) The current code (Chapter 20.62) regulates the alteration, expansion and elimination of nonconformities. The most notable change relates to additions to nonconforming residential structures (Section 20.38.040). Currently, additions of up to 25% of the floor area of residential structures are allowed by right provided they have the minimum number of parking spaces and if the addition complies with other standards. Additions above 25% and up to 50% require the approval of a modification permit. Additions above 50% and up to 75% require the approval of use permit by the Planning Director. The draft code would only allow conforming additions of up to 50% over a 10 -year period by right provided that the minimum number of parking spaces are provided. Additions would be limited to 10% when the minimum number of parking spaces is not provided. The proposed code would eliminate a time consuming review process. Part 3 Summary Chapter 20.40 - Off - Street Parking (page 3 -73) The current code (Chapter 20.66) provides comprehensive standards for parking and when parking can be reduced or waived. For the first time, the draft code provides information on the dimensions of non - residential parking spaces in consistent with the current specifications administered by the Public Works Department. A new section (section 20.40.130) allows for an in -lieu fee authorized by the Planning Commission or City Council for parking reductions if an in -lieu fee amount is established by the City Council. Most required parking ratios were left unchanged; however, parking for single and two -unit dwellings not within existing Planned Communities will be changed as follows: Use Current standard Proposed standard Single-Unit Dwellings 2 spaces 1 space covered 2 garage spaces Single -Unit Dwellings (over 2 spaces (1 space covered) 3 garage spaces 4,000 sf and on lots wider than 30 feet Two -Unit Dwellings 2 spaces per unit (1 space per 2 spaces per unit (1 garage unit covered ) space and 1 covered, per unit Chapter 20.46 - Transfer of Development Rights (page 3 -145) The current code (Section 20.63.080) provides for the transfer of development intensity between sites that are no more than 1000 feet apart, subject to traffic analysis and findings. Traffic analysis remains necessary and the draft provisions clarify that the transfer of development intensity from one property to another must be within the same statistical area. A transfer form one statistical area to another would require a general plan amendment. The review authority has also been changed from the Planning Commission to the City Council. Part 3 Summary j Part 4 — Standards for Specific Purposes Part 4 (Standards for Specific Land Uses) replaces Part V (Special Land Use Regulations) of the existing Zoning Code. Currently Part V provides development standards and in some cases operational standards for 10 different uses: Automobile Service Stations, Oil Wells, Eating and Drinking Establishments, Residential Condominium Projects, Time Share Developments, Accessory Dwelling Units, Low and Moderate Income Housing within the Coastal Zone, Massage Establishments, Adult - Oriented Businesses, and Alcoholic Beverage Outlets. With the reorganization of the code, some of the existing Chapters remain although they have been updated and renamed. The provisions regarding low and moderate income housing within the coastal zone were relocated to Part 3. The Chapter on oil wells was deleted as it was duplicative of provisions within the City Charter. Several additional Sections have been added that have roots within other Parts of the current code. Section 20.48.030 - Alcohol Sales (paae 4-4 Currently, the sale of alcohol requires a Use Permit and is subject to Chapter 20.89 (Alcoholic Beverage Outlets). The proposed code provides operational controls for all alcohol sales similar to the provisions within the current code (Chapter 20.89), but discretionary permits were moved to the allowed uses tables within Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). The principal difference is that accessory alcohol sales at off -sale establishments where no more than 30% of the floor area is devoted to alcohol sales in most commercial zones would be allowed by right subject. Alcohol sales at off -sale establishments as a principal use would be subject to the Zoning Administrator's review of a Minor Use Permit (MUP). Additionally, alcohol sales at restaurants that are not open past 11:OOPM would be subject to the Zoning Administrator's review rather than the Planning Commission. Section 20.48.040 - Animal Keeping (page 4 -8) Currently, the Municipal Code provides regulations for animal keeping within Title 7 (Animals). Title 7 does not establish any specific limits on the number of animals one can keep at their home. The Zoning Code provides standards for animal keeping only for the R -A district (Section 20.10.020.G) due to its agricultural character. This new section establishes limits on the keeping of pets for all residential zones and incorporates existing limits and procedures for the keeping of domesticated livestock within the existing R -A zone. Section 20.48.040 - Animal Sales and Service (page 4 -10) The current code does not provide comprehensive regulations and this section will provide standards for various animal sales and services establishments to protect adjacent residential uses from undesired secondary effects. Part 4 Summary 1 Section 20.48.070 - Day Care Facilities (Adult and Child) (page 4 -12) The current code (Section 20.60.130) provides regulations only for child day care facilities. This section has been expanded to address adult day care and revised to be consistent with current state law. Many of the current provisions are being maintained to protect adjacent residential uses. Section 20.48.080 - Drive - Through and Drive -Up Facilities (page 4 -13) The current code (Section 20.60.075) has been revised to provide enhanced standards to mitigate traffic, litter, and unsightliness. Section 20.48.090 - Eating and Drinking Establishments (page 4 -14) The current code (Chapter 20.82) has been revised to create a regulatory system based on the type of establishment, its hours of operation, its operational characteristics and its proximity to residential districts. History show us that restaurants can become nuisances when they are close to residences, serve alcohol and have late hours. The Planning Commission will retain the review authority for CUPs for any bar or nightclub and restaurants that have late hours of operation (i.e. past 11:OOPM). The Zoning Administrator would have the review authority for MUPs for establishments that close at or before 11:OOPM or when the establishment is in close proximity to residential zones (i.e. within 500 feet). Some establishments would be permitted by right when they are not located within 500 feet of a residential district, do not keep late hours and if they don't serve alcohol. Revised operational standards and review criteria were also added to ensure that direct and secondary effects are adequately addressed, especially when late operating hours are requested. Standards for outdoor dining have been included without a separate permit and potential issues associated with outdoor dining can be reviewed on a project -by- project basis with either the MUP or CUP where applicable. Section 20.48.100 - Emergency Shelters (page 4 -18) Currently, the Zoning Code does not contain provisions for emergency shelters and recent State law mandates that cities permit them. Emergency shelters in this context are shelters for the homeless and not disaster shelters. This section contains design and operational standards for emergency shelters in compliance with State law and they would be an allowed use in the AO and PI districts only. Section 20.48.130 - Mixed -Use Projects (page 4 -22) The current code (Section 20.60.115) allows for extended hours of operation for businesses that are located within any zone where mixed -use development is allowed. Development standards for mixed -use projects are distributed within several existing specific plans and the "R" overlay. The new code consolidates these provisions and provides a balance between nonresidential uses and residential uses. All mixed -use projects also require review and approval of a Site Development Review (Section 20.52.080 page 5 -33) Part 4 Summary 2 Section 20.48.140 - Outdoor Storaae Disolav and Activities (oaae 4 -24 The current code (Section 20.60.105) requires a Use Permit within the jurisdiction of the Planning Director for all outdoor storage and display. The proposed code eliminates the permit requirement in lieu of specific standards for the location and screening of outdoor storage and provides operational control for outdoor display of merchandise. Section 20.48.160 - Recvclina Facilities (oaae 4 -26 The current code does not provide regulations for recycling facilities and the proposed draft establishes standards for the siting and operation of small and large commercial facilities. Section 20.48.180 - Residential Development Standards (oaae 4 -28 The existing floor area limit (FAL) standards and lot coverage provisions are being retained. A notable change that is addressed in Part 2 is that subterranean basements will not count towards the maximum FAL in zoning districts that utilize the FAL. Eliminating the floor area limit would have the effect of allowing people to build basements with full- height ceilings where typically they have to be less than 7 feet. New standards that apply to R -1 and R -2 zoning districts include an open volume standard that replaces the current open space provision. This standard requires building modulation /articulation on the first or second floors and the standard does not specify where it is to be located. Areas must maintain certain minimum dimensions to satisfy the open volume standard (5 feet in depth from the wall on which it is located and 7.5 feet in height and open to the exterior on at least one side). Additionally, new third story step -backs and third story floor area limits are included to limit building mass. These standards will not apply residential lots that are currently subject to lot coverage limits and those in Planned Communities, as sufficient open space is provided by existing lot coverage limits that are not changing. Additionally, these new standards are not being proposed to apply to narrow lots (25 feet wide or less) that are zoned R -2 as applying these standards to these narrow lots would affect their property rights. Also included in this section are the design criteria from the 2007 Single and Two - family Design Ordinance in order to implement General Plan design polices. These standards will apply in all residential districts, including Planned Communities. Design criteria. a. Walls. Long unarticulated exterior walls are discouraged on all structures. The visual massing of a building should be reduced by incorporating appropriate design elements; including variation in the wall plane, building modulation, openings, recesses, vertical elements, varied textures, and design accents (e.g. moldings, pilasters, etc.). Front facades shall include windows. Part 4 Summary r e ;� b. Upper floors. Portions of upper floors should be set back in order to scale down facades that face the street, common open space, and adjacent residential structures. Upper story setbacks are recommended either as full length "stepbacks" or partial indentations for upper story balconies, decks, and /or aesthetic setbacks. C. Architectural treatment. Architectural treatment of all elevations visible from public places, including alleys, is encouraged. Treatments may include window treatments, cornices, siding, eaves, and other architectural features. d. Front facade. Where the neighborhood pattern is for the primary entrance to face the street, the primary entry and windows should be the dominant elements of the front facade. Primary entrances should face the street with a clear, connecting path to the public sidewalk or street. Alternatively, entry elements may be visible from the street without the door necessarily facing the street. e. Main entrance. The main dwelling entrance should be clearly articulated through the use of architectural detailing. Section 20.48.220 - Time Share Facilities (page 4-41) Current provisions are within Chapter 20.84 and the standards were updated to address operational plans. The requirement for all time share developments to obtain Development Agreements remains unchanged. Part 4 Summary F1 h Part 5 — Plannina Permit Procedures Part 5 includes the requirements related to planning permit application filing, processing and review procedures. The sections discussed below represent those that have been notably revised when compared to the current code. Section - 20.52.020 Conditional Use Permits and Minor Use Permits (pace 5 -9) Use Permits (UP), current code Chapter 20.91, have been renamed Conditional Use Permits (CUP). The review authority remains the Planning Commission and the review process is essentially unchanged. Use Permit/Planning Director, also found in Chapter 20.91 of the current code, was eliminated and a minor use permit (MUP) process was added. The MUP process has a required public hearing where the existing PD /UP does not require a public hearing. The review authority for MUP's is the Zoning Administrator. The findings for CUP's and MUP's in the draft code remain essentially the same except for the addition of the following finding: 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; Section 20.52.040 - Limited Term Permits (oaae 5 -16 This section replaces section 20.60.015 Temporary Structure and Uses of the current code. The section has been significantly revised to provide a clear process, findings for approval and standard conditions of approval for temporary structure and uses. The revised standards specify those temporary uses permitted by right (e.g. Christmas tree lots, work trailers associated with a valid building permit) and those that require ZA approval without a public hearing (90 days or less) and those that require a public hearing (90 days or more). When a use or structure is not allowed by right, the review authority has been changed from the Planning Director to the Zoning Administrator. Section 20.52.050 - Modification Permits (page 5 -21) The draft code revises Chapter 20.93 (Modification Permits) of the current code by limiting some modification requests (e.g. fence height, setback encroachments) to a maximum 10% deviation from the standard. The existing provisions do not have a cap. The review authority for modification permits remain with the Zoning Administrator. Any request for a greater modification than 10% for the identified standards would require a request and approval of a variance. Section 20.52.060 - Planned Development Permits (page 5 -24) The Planned Development Permit chapter is a new process that is intended to provide a method whereby land may be developed or redeveloped as a unified site resulting in better design than what would be possible by using the standard regulations. This process and associated findings were drafted provide flexibility for infill development or re- developed on unusually shaped lots or lots that are otherwise constrained. This new Part 5 Summary 1 'r process would allow for the review of a single permit and single set findings rather than a request for multiple modification permits or variances or using the Planned Community designation for developments that don't warrant use of the PC process due to their limited size. Section 20.52.070 - Reasonable Accommodations (Daae 5 -26 In Chapter 20.98 of the current code, it is unclear as to which body has review authority when another discretionary permit is applied for concurrently with a request for reasonable accommodation. Therefore, the provisions have been revised to clarify review authority when a reasonable accommodation application is filed concurrently with another discretionary application. The revised regulations indicate that the request for reasonable accommodation shall be heard with any associated discretionary permit when they are applied for concurrently. Section 20.52.080 - Site Development Reviews (page 5 -31) This section significantly revises the Chapter 20.92 (Site Plan Review) of the current code by expanding the applicability and providing more guidance for review. The new provisions provide a process for the comprehensive review of some development projects not otherwise subject to discretionary review to ensure compliance with the zoning code, general plan polices and site design criteria. Review authority rests with the Zoning Administrator or Planning Commission, as specified by Table 5 -2 on page 5- 34. Section 20.52.100 - Zonina Clearances (Daae 5 -37 The draft code adds a Zoning Clearance process that provides a procedure to verify that proposed developments, uses or projects comply with the list of uses and development standards for the applicable zoning district. All zoning clearances are ministerial. Examples of zoning clearances are Planning Department approval of a building permit or sign -off on a business license. Chapter 20.58 - Specific Plan Procedures (pane 5-511 This chapter revises the Specific Plan procedures found in Chapter 20.40 of the current code to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq. Part 5 Summary 2 Part 6 — Zoning Code Administration (page 6 -1) Part 6 of the zoning code describes the authority and responsibility for code administration. Also included are the procedural requirements for public hearings, appeals, code amendments and code enforcement. These regulations are located in Part 6 of the current code. The notable change in the draft Part 6 is that the public hearing requirements for discretionary permits have been consolidated into one chapter whereas the current code describes the hearing process in each individual discretionary permit chapter. Otherwise, the review authority, hearing processes, appeal procedure and code enforcement regulations remain essentially unchanged. Part 7 — Definitions (Pape 7 -1) Part 7 includes all definitions of terms that are technical or specialized, or that may not reflect common usage. Included are the definitions of the land uses found in land use tables located in Part 2. The current code separates the definitions (Chapter 20.03) from the land uses classifications (Chapter 20.05). The combining of all terms in one location will help reduce instances where a term or land use description is overlooked because the wrong list was consulted. Land use definitions are identified by the term, "(Land Use)" following the entry. For example "Hedge" is a definition and "Hospital' is a land use definition: Hedge. A group of shrubs or trees planted in a line or in groups forming a compact, dense, barrier that protects, shields, separates, or demarcates an area from view. For purposes of this definition, a shrub is a perennial woody plant smaller than a tree, having multiple permanent stems branching from or near the base and lacking a single trunk; a bush. See "Fence." Hospital (Land Use). An establishment that provides medical, surgical, psychiatric, or emergency medical services to sick or injured persons, on an inpatient or outpatient basis. Includes facilities for training, research, and administrative services for patients and employees. May include accessory pharmacy uses and food service uses. Does not include walk -in clinics ( "Emergency Health Facilities'). Parts 6, 7 & 8 Summary �R Part 8 — Maas (aaae 8 -1 Part 8 includes all the maps referenced though out the code except the Zoning Map, which is adopted by reference and described in Part 1. Area Maps The area maps depict geographic boundaries for areas in the city that are subject to unique standards. For example, the section below identifies standards applicable to specific geographic areas. These maps replace the meets and bounds descriptions for these standard found in the current code. Bluff Overlav Maps The bluff Overlay maps depict the geographies and development areas included in the Bluff (B) Overlay District (Section20.28.040). Heiaht Limit Areas The height limit areas map depict the location of the Shoreline Height Limit Area and High Rise Height Area (see section 20.30.060). The Shoreline Height Limit Area is the same as the current code. The High Rise Height Limit Area has been lowered from 375 feet to 300 feet and several areas within adopted Planned Communities that have established lower height limits, such as the North Ford PC, are no longer included. Setback Maps The set of 31 setback maps replaces the current set of 77 Districting Maps. The Districting Maps are both official zoning map and the setbacks maps. The Districting Maps date back to 1943 and include hundreds of code amendments and are a combination of hand -drawn and digital cartography. The setbacks on the districting maps have been transferred to the set of 31 setback maps. The zoning map (wall map), referenced in Part 1 is the official zoning map. Parts 6, 7 & 8 Summary 2 u s�: Attachment No. CC 4 Planning Commission Resolutions RESOLUTION NO. 1814 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION OF NEGATIVE DECLARATION NO. 2010 -005 FOR THE COMPREHENSIVE UPDATE OF THE NEWPORT BEACH ZONING CODE (PA2009 -034) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. The Newport Beach City Council adopted Resolution No. 2006 -76 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). 2. Pursuant to City Charter Section 423 and the Measure S Guidelines, the General Plan Update was considered to be a "major amendment" due to the resulting increases in density, intensity and traffic. Consistent with City Charter Section 423, the General Plan Update was placed on the ballot for the November 7, 2007, General Election. The electorate approved the increases associated with the General Plan Update. 3. Chapter 13 of the General Plan contains the City's implementation program to carry out the goals and policies of the General Plan. Implementation Program 2.1 calls for a review and amendment of the City's Zoning Code for consistency with the General Plan.. 4. City staff has prepared a comprehensive amendment of the Zoning Code ( "Zoning Code Update "), which includes new zoning districts, new use classifications, updated and revised definitions, new and amended development standards, updated Zoning Maps, and modified administrative procedures. The Zoning Code Update is a complete re -write of the City's current zoning regulations. The Zoning Code Update and the proposed zoning districts and regulations reflect the land use designations and policies established by the Land Use Element included in the General Plan Update. 5_ Chapter 20.94 of the City's Zoning Code requires the Planning Commission to hold at least one public hearing before making a recommendation on any proposed zoning code amendment to the City Council. 6. The Planning Commission considered the proposed Zoning Code Update including an Initial Study and Negative Declaration and received public testimony during a series of public hearings held on June 3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July 15, 2010, and July 29, 2010, that were duly noticed as required by California Government Code Section 65091. Planning Commission Resolution No. 1814 Paqe 2 of 4 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT An Environmental Impact Report (SCH# 2006011119, General Plan 2006 Update) was prepared for the General Plan Update. The General Plan Update Program Environmental Impact Report (EIR) was certified by the City Council on July 25, 2006, as being prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The General Plan Update EIR is a program EIR pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15168, The City prepared an initial study for the proposed Zoning Code Update in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 for the purpose of determining if the potential effects of Zoning Code Update were adequately examined within the General Plan Update Program EIR. 3. Based upon the initial study prepared for the Zoning Code Update and pursuant to State CEQA Guidelines, Sections 15168 and 15162, the proposed Zoning Code Update is within the scope of activities and impacts identified within the General Plan 2006 Update Program EIR, with the exception of forest resources and greenhouse gas emissions, and that no new effects or new mitigation measures are necessary. 4. Based upon the initial study, adoption of the Zoning Code Update will have no impact to forest resources given that there are no forest resources within the City of Newport Beach and there will be a less than significant impact upon greenhouse gasses. The City has prepared a draft Negative Declaration in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The draft Negative Declaration is available for a 30 -day comment period that began on June, 21, 2010, and will end on July 20, 2010. The initial study and draft Negative Declaration were considered by the Planning Commission. SECTION 3. FINDINGS. The draft Zoning Code Update dated May 2010, including the recommended changes to the draft Zoning Code Update included within the Planning Commission's recommendation to the City Council for inclusion within the draft Zoning Code Update, is consistent with the 2006 General Plan Update. 2. Adoption of the draft Zoning Code Update including the recommended changes to the draft Zoning Code Update will not create any new significant impacts that were not identified within the General Plan Update Program EIR. 3. Adoption of the draft Zoning Code Update including the recommended changes to the draft Zoning Code Update will have no impact to forest resources and there will be a less than significant impact upon greenhouse gasses. Tmple 04/14/1:0 Planning Commission Resolution No. 1814 Paae 3 of 4 NOW, THEREFORE, BE IT RESOLVED: The Planning Commission hereby recommends that the City Council of the City of Newport Beach make the necessary findings in accordance with the California Environmental Quality Act and adopt Negative Declaration No. ND2010 -005 as shown in Exhibit "A ". PASSED, APPROVED AND ADOPTED THIS 29th DAY OF JULY, 2010. AYES: Eaton, Hillgren, McDaniel, Peotter, Toerge, and Unsworth NOES: Hawkins BY; tiu, 40M�-c aniel, Chairman BY_ Mic T erge, Secretary Tmplt:. 04/14/10 f Planning Commission Resolution No. 1814 Paae 4 of 4 Exhibit "A" Negative Declaration /Initial Study (Available separate due to bulk) Tmpit 04/14110 RESOLUTION NO. 1815 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION ZONING CODE AMENDMENT NO. CA2009 -001 TO UPDATE THE CITY OF NEWPORT BEACH ZONING CODE (PA2009 -034) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. The Newport Beach City Council adopted Resolution No. 2006 -76 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). Pursuant to City Charter Section 423 and the Measure S Guidelines, the General Plan Update was considered to be a "major amendment" due to the resulting increases in density, intensity and traffic. Consistent with City Charter Section 423, the General Plan Update was placed on the ballot for the November 7, 2007, General Election. The electorate approved the increases associated with the General Plan Update. 3. Chapter 13 of the General Plan contains the City's implementation program to carry out the goals and policies of the General Plan. Implementation Program 2.1 calls for a review and amendment of the City's Zoning Code for consistency with the General Plan. 4. City staff has prepared a comprehensive amendment of the Zoning Code ("Zoning Code Update "), which includes new zoning districts, new use classifications, updated and revised definitions, new and amended development standards, updated Zoning Maps, and modified administrative procedures. The Zoning Code Update is a complete re- write of the City's current zoning regulations. The Zoning Code Update and the proposed zoning districts and regulations reflect the land use designations and policies established by the Land Use Element included in the General Plan Update. 5. Chapter 20.94 of the Citys Zoning Code requires the Planning Commission to hold at least one public hearing before making a recommendation on any proposed zoning code amendment to the City Council. 6. The Planning Commission considered the proposed Zoning Code Update including an Initial Study and Negative Declaration and received public testimony during a series of public hearings held on June 3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July 15, 2010, and July 29, 2010 that were duly noticed as required by California Government Code Section 65091. Planning Commission Resolution No. 1815 Facie 2 of 8 SECTION 2. FINDINGS, 1. The General Plan Update, approved by voters in 2006, reflects the community's vision for Newport Beach, and provides policies for realizing this vision. The zoning code is an important tool for implementing land use related policies of the Newport Beach General Plan, 2. The draft Zoning Code Update, including the recommended changes within Exhibit "B ", is consistent with the General Plan Update. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Zoning Code Amendment No. 2009 -001 as shown in Exhibit "A ", and the recommended text and map revisions /changes as shown in Exhibit "B ". PASSED, APPROVED AND ADOPTED THIS 29th DAY OF JULY, 2010. AYES: McDaniel, Peotter, Toerge, and Unsworth NOES: Eaton, Hawkins and Hllgren B Earl McDaniel, Chairman BY: l! Mi a rge, Secretary Tmplt 04/14110 Planning Commission Resolution No. 1815 Paqe 3 of 8 Exhibit "A" Draft Zoning Code — May 2010 (Available separate due to bulk) Tmpft: 04/14/10 6 Planning Commission Resolution No. 1815 Paqe 4 of 8 Exhibit "B" Planning Commission Recommended Changes to the Draft Zoning Code dated May 2010 (Includes Maps C1 -C4) 1. Pg. 1 -3, Section 20.10.040.A — revised to read as follows: "A. Compliance required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as allowed by this Zoning Code. The City Council may exempt specific City implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific Code provisions that would apply in the absence of the exemption. 2. Pg. 2-4, Section 20.16.030 — add reference to Zoning Clearance section (20.52.100) and Site Development Review (20.52.080). 3. Pg. 2 -12, Section 20.18.030, Table 2 -3 — revise the minimum lot size in the R -BI zoning district from 5,000 square feet to 2,375 square feet. 4. Pg. 2 -12, Section 20.18.030, Table 2 -3 - under Floor Area Limit for R -BI add footnote similar to (4) on pg. 2 -16 explaining floor area limit and buildable area; also add a similar footnote for Corona Del Mar (as depicted on Area Map A-4). 5., Pg. 2 -21, Section 20.20.20, Table 2-4 - Convalescent Facility (Land Use): Prohibit in OG zoning district (p. 2 -21). 6, Pg 2 -21, Section 20.20.020 - add Emergency Shelters permitted by right to OA zoning district under service uses. 7. Page 2 -21, Table 2-4 and other applicable tables - for consistency change all references to "Emergency Health Facilities" to "Emergency Health Facilities /Urgent Care ". 8. Page 2 -22, Table 2 -4 - add "lounge" to "smoking" under Service Uses — General. 9. Pg. 2 -34, Section 20.22.020, Table 2 -8 Marina Support Facilities — add they are permitted with an MUP in the MU -MM and MU -CV zoning districts. 10. Pg, 2 -57, Section 20.28,040 (Bluff Overlay District) - delete all references to Canyon Overlay District here and throughout entire code. 11. Pg. 2 -59, Section 20.28.040D.4.a,1. — revise the limit of Area A to be the 50 -foot contour line rather that the 35- foot contour line. 12. Pg. 2 -61, Section 20.28.040 D 4 — revise as follows to be consistent with Bluff Overlay Map B -6: "(2) Development Area B. Between the 48 -foot contour line and the 33 -foot contour line.* TmpIk04 /14110 Planning Commission Resolution No. 1815 Page 5 of 8 (3) Development Area C. All portions of the lot not located in Area A or B. (4) Additional Development standards. No fences or walls in Area C." 13. Pg, 3 -8, Section 20.30.040 C - add "4" to allow residential uses adjacent to commercial uses or commercial alleys to have the ability to have walls /hedges up to 8' in height in required side yards for buffering and/or sound attenuation. 14. Pg. 3 -14, Section20.30.060B.4. —delete entire section (setback plane requirement). 15: Pg. 4 -7 Section 20.48.030 C.3. - add "e ", an additional item for consideration, indicating that the proposed amendment will be reviewed to determine if it will resolve any current objectionable conditions. 16. Pg. 4 -7, Section 20.48.030 C.4.d. — strike "lapse" and insert "expire ". 17. Pg. 4 -16, Section 20.48.090 D. — indicate that this section applies to all Eating and Drinking, including Late Hours. 18. Pg. 4 -17, Section20.48.090 F.2 — in the first sentence add "including bars, lounges and nightclubs ". 19. Pg. 4 -22, Section 20.48.130 E — revise reference to "Chapter 10" to reference "Title 10 of the Municipal Code, as may be amended form time to time ". 20. Pg. 4 -29, Eliminate draft Section 20.48.180.D entirely. 21. Pg. 4 -35, Section 20.48.210 add entry for fuel tank vents and require that they be located at the rear of the property or other inconspicuous location and screened from public view. 22. Pg. 5 -21, Section 20.52.050 B.1.a —delete "solar equipment ". 23. Pg. 5 -33, Section 20.52.080, Table 5 -2 — delete reference to Canyon Overlay District. 24. Section 20.70.020 —Add the following two definitions: Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, as defined by Section 53260(d) of the California Health and Safety Code, and that is linked to onsite or offsite services that assist the tenant to retain the housing, improve his or her health status; maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in "Single -, Two- , or Multi- Family Dwelling Units ", "Group Residential ", "Parolee- Probationer Home "Residential Care Facilities ", or "Boarding House" uses shall be permitted, conditionally permitted or prohibited in the same manner as the other "Single -, Two- or Multi-Family Dwelling Units ", "Group Residential', "Parolee- Probationer Home ", "Residential Care Facilities ", or "Boarding House" uses under this Code. Tmplt'D4 /14/10 Planning Commission Resolution No. 1815 Paae 6 of 8 Transitional Housing. Rental housing operating under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient program at some predetermined future point in time, which shall be no less than six months. Transitional housing that is provided in "Single -, Two -or Multi - Family Dwelling Units ", "Group Residential', "Parolee- Probationer Home ", 'Residential Care Facilities ", or "Boarding House" uses shall be permitted, conditionally permitted or prohibited in the same manner as the other "Single -, Two -, or Multi- Family Dwelling Units ", "Group Residential ", 'Parolee- Probationer Home ", `Residential Care Facilities ", or "Boarding House" uses under this Code. 25. Pg. 7 -14, Section 20.70.020, Congregate Care Home (Land Use) - Identify as a 'land use ". Add to use tables as allowed with a MUP or CUP in the PI zoning district (pg. 2 -53, Table 2 -14). 26. Pg. 7 -22, Section 20.70.020, definition of "Floor Area Ratio (FAR) ", change word "net" to "gross" where it appears. 27. Pg. 7-43, Section 20.70.020 "Review Authority" definition - Add "City Traffic Engineer" and "Public Works Director" to the list of review authorities within the second sentence. 28. Pg. 3 -63, Section 20.38.040D. Nonconforming Structures — Foundation Alterations. Revise subsection to allow foundation modification, retrofitting and replacement, when necessary and in conjunction with additions allowed pursuant to subsections 20.38.040G and 20.38.060A of the Nonconforming Uses and Structures Chapter. 29. Tables 2 -2 and 2 -3 Section 20.18.030. Revise footnote (2) as follows: "Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in Table 2 -2 in compliance with the provisions of Municipal Code Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA)." 30. Revise Zoning Map. Change the zoning district from PC -25 to Public Facilities for the Newport-Mesa School District Site. (Map C -1) 31. Revise Setback Map S -10A Corona del Mar. Add call -out to map in order to clarify front setbacks on Pacific Drive. (Map C -2) 32, Add Setback Map S -11 D Harbor View Hills /Spyglass. Additional map is needed to depict appropriate front and rear setbacks. (Map C -3) 33. Add Setback Map S -14 Granville Drive. Additional map is needed to depict setbacks along Granville Drive. (Map C -4) Tmplt: 04/1411.0 t Planning Commission Resolution No, 1815 Paae 7 of 8 34. Pg. 4 -21, Section 20.48.130.1-1 is revised to read as follows: "H. Notification to owners and tenants. Project applicants shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in a mixed use project or located within a mixed use zoning district. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The Project applicant shall covenant to include within all deeds, leases or contracts conveying any interest in a residential unit in a mixed use project or located within a mixed use zoning district (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach." 35, Pg. 2 -20, Table 2-4, add a footnote to Assembly /Meeting Facilities (Less than 5,000 sq. ft.) to read, "Religious assembly may be larger than 5,000 sq. ft. ". Pg. 2 -23, Table 2 -5, strike, "(above 1st floor only)" from Assembly /Meeting Facilities. Pg. 2 -32, Table 2 -8, strike, "- located only above 151 floor' from Assembly /Meeting Facilities. Pg. 2 -36, Table 2 -9, add a footnote to Assembly /Meeting Facilities Small - 5,000 sq. ft. or less" to read, "Religious assembly may be larger than 5,000 sq. ft. ". 36. Pg. 4 -29, Section 20.48.180 C:2. to be amended as follows, "Location of third floor structure. Enclosed square footage located on the third floor eF above '^ feet ^ Neigh shall be set back a minimum of 15 feet from the front and rear setback lines and for lots greater than 30' wide a minimum of 2 feet from each side setback line, including bay windows." 37. Pg, 3 -15, Section 20.30.060 C.2.c and Section 20.30.060 C.2.d insert, "and mixed -use structures" in the title and first sentence after the word "nonresidential". 38. Page 3 -16; Section 20.30.060 C.3.a insert, "but not limited to" after the words, "Examples of project amenities include ". 39. Pg. 7 -18, Definition of Dwelling Unit, Senior Accessory, change, "60 years of age" to "55 years of age ". 40. Pg. 3 -78, Table 3 -10 Off- Street Parking Requirements, Offices — Business, Corporate, General, Governmental change "Up to 50,000 sq. ft" to "First 50,000 sq. ft. change "50,001 to 125,000 sq. ft." to "Next 75,000 sq. ft. "; change "125,001 sq. ft. and greater" to "Floor area above 125,000 sq. ft." 41. Add necessary provisions to enact existing floor area limits that are applicable to R -1 and R -2 zones as currently defined and established. TmpIk 04 /14/10 Planning Commission Resolution No. 1815 Paoe 8 of 8 41. Add necessary provisions to enact existing floor area limits that are applicable to R -1 and R -2 zones as currently defined and established. 42. Add a basement area limit such that finished basements shall be no larger in area than the buildable area, as defined, and exclude basement area from floor area limit standards. 43. Add the following open air space requirement that would apply to all R -1 zones within Old Corona del Mar, West Newport, and the Balboa Peninsula and all R -2 zones citywide. Open air space shall be provided in addition to the required setback areas and shall be a minimum volume equal to the buildable width of the lot, times the 24 -foot flat roof height limit, times 6 feet. This volume shall be provided anywhere on the lot behind required setback lines and below the 24 feet from grade. The volume may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. The volume shall be open on at least 2 sides and shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open air space volume with a dimension of less than 6 feet in any direction may be used to satisfy the minimum volume requirement, provided that said volume is contiguous to required open air space volume that provides a minimum 6 foot dimension in all directions. Roofs, balconies; decks or patios with open railings, cornices, exterior stairways with open risers and open railings, and architectural features may project into open air spaces. 44. Add the following guideline that would be applicable to any new or renovated single -unit or two -unit residential building. Single -unit and two -unit residential buildings shall be designed to sustain a high level of architectural design quality and shall provide modulation of building masses, and architectural treatment of all elevations visible from public places. Tmplt: 04/14110 Planning Commission Resolution No. I$is i Map C -1 -. I I17TH ST ` Planned Community (PC) to Public Facilities (PF) B I NwHAU 5T ° J S 4 h 1 :sTN +T W I Pa DU UM PL Newport j Banning Ranch I I Iu 15TH 5N B o` m 2 ,e m 0 250 500 Feet Zoning Code Map Change July 13, 2010 e C w le V� \<., 1a l >e \ �3 4 c � c � y �o a and z., r S -14 -Granville Drive DRAFT Setback Map x:''4_'5 0 0 w o� o� 4h 4R' r ,a\ n F' S -11D - Harborview Hills ( Spyglass Setback Map Attachment No. CC 5 Planning Commission Staff Reports CITY OF NEWPORT BEACH PLANNING COMMISSION STUDY SESSION STAFF REPORT May 20, 2010 Agenda Item SS1 SUBJECT: Zoning Code Update — (PA2009 -034) Code Amendment No. 2009 -001 PLANNERS: James Campbell, Principal Planner (949) 644 -3210, icampbell(a�newportbeachca.gov Gregg Ramirez, Senior Planner (949) 644 -3219, aramirez(a)newportbeachca.gov Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelananewportbeach.ca.gov ISSUE How should the Planning Commission proceed with their review of the zoning code update and when will hearings take place? RECOMMENDATION Discuss the framework for Commission review of the draft zoning code and schedule public hearing dates as recommended by staff. Receive a brief overview of the draft zoning code from staff. DISCUSSION The Newport Beach General Plan, approved by voters in 2006, reflects the community's vision for Newport Beach and provides policies for realizing this vision. The zoning code is an important tool for implementing many policies included in the General Plan, especially those related to land use and development. By law, the zoning code must be consistent with the policies of the General Plan that it implements. Those policies not implemented by the zoning code are implemented in a variety of ways such as other municipal code sections, City Council polices or through direct application of the policy itself. The zoning code update is a comprehensive re -write of the current code. Zoning Districts in the updated zoning code reflect changes in land use designations that were a result of the adoption of the 2006 General Plan. New use classifications have been added, definitions have been completely revamped, development standards have been fine- tuned, and administrative procedures have been simplified. The Planning Commission will continue to have review authority over conditional use permits,(e.g. restaurants serving alcohol) and variances. The Zoning Administrator will have review ,r) Zoning Code Update - Study Session May 20, 2010 Page 2 authority over minor use permits and modification permits. The City Council will remain the final review authority for ordinance amendments, and will serve as the hearing body on appeals of Planning Commission decisions. The General Plan /Local Coastal Program Implementation Committee was charged by the City Council with guiding the zoning code update. The Committee consists of three Councilpersons (Daigle, Selich, Webb), three Planning Commissioners (Eaton, Hawkins, Toerge) and an advisory group of local architects and developers. The Committee reviewed three complete draft codes and held over 35 meetings where code regulations were discussed. The draft code has also been exhaustively reviewed by the Planning Department. Additionally, valuable input was obtained from the City Mangers Office, Code and Water Quality Enforcement, the Building Department, Police Department, and Public Works Department. The City Attorney's office has also worked very closely with planning staff throughout the writing of the draft code. Planning Commission Review Schedule and Approach In order to expedite review, staff recommends the meeting schedule below. Since June 3`d and 17th are regular meetings they have been noticed. If May 27th is not suitable for the Commission, staff recommends a special meeting on June 10th or 24th. First Hearing — Special Meeting: May 27, 2010, at 6:30 pm with a focus on Part 2 and Part 4, with the exception of Residential Care Facilities (20.48.170), Residential Development Standards (20.48.180) and the Bluff Overlay District (20.28.040). Second Hearing — Regular Meeting: June 3, 2010, at 6:30 pm with a focus on Part 1, Part 3, Part 5, Part 6, and Part 7 and the excluded list from the first hearing. Third Hearing— Regular Meeting: June 17, 2010, at 6:30 pm with a focus on any remaing issues and CEQA. In regard to Commission action on the draft, informal or "straw votes" can be taken during the course of review, but formal action on the entire zoning code will need to be taken upon closing of the public hearing and the conclusion of Planning Commission deliberation. Staff will provide a draft copy of the zoning code with an errata indicating the Commission's recommended changes to the City Council in addition to the formal PC resolution. Draft Zoning Code and Review Resources In addition to the draft zoning code, staff has provided the Commission with two attachments to assist with the review and preparation for the hearings. illm Zoning Code Update - Study Session May 20, 2010 Page 3 Style and Format Principles — Attachment PC1 To ensure consistency of terminology among common terms and phrases used throughout the zoning code, a style sheet was agreed upon and used by the consultants. The style sheet is included as Attachment PC 1. Revised and New Provisions Summary — Attachment PC2 Attachment No. 2 is intended to provide an overview the what staff has identified as noteworthy revisions to existing standards and new or added provisions. Since the code update is a comprehensive re -write and organizational update, this overview is not intended to be a all- inclusive listing of all the revisions or changes. If applicable, a reference to the chapter or section of current code is noted. Environmental Review Staff and the consultants are currently preparing an initial study. Once complete, a copy and recommendations will be forwarded to the Commission for review and comment. Public Notice Government Code Section 65091 provides that, when the number of property owners to whom notice would be required to be mailed is greater than 1,000 (which is the case with a comprehensive Zoning Code update), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission Study Session and June 3rd and June 17th hearings was provided as a 1/8 page display add in the May 8, 2010 Daily Pilot. Notice was also provided on the City's website and to a zoning code update interest list. Prepared by: Submitted by: r James Campbell, Principal Plan er Gregg Ramirez, Senior Planner Melinda Whelan, Assistant Planner ATTACHMENTS PC 1 Style and Format Principals 146 Swwwa;y f�Fr3 Bret- ;?anin8 C ®de 11 Attachment No. PG 1 Style and Format Principals City of Newport Beach Zoning Code Style and Format City of Newport Beach Zoning Code Title 20 Style and Format Principles Terms and Phrases To ensure consistency of terminology within the Zoning Code, the following are conventions to be used for certain common terms and phrases, some of which will appear abbreviated throughout the Code. In all cases, these terms and phrases will either be defined in the Zoning Code or be explained in the sections on interpretations. "City," rather than "City of Newport Beach," after City of Newport Beach is first used in the first Chapter of the Zoning Code. "Department," rather than Planing Department after Planning Department is first used in the first Chapter of the Zoning Code. "Director," rather than "Planning Director" after Planning Director is first used in the first Chapter of the Zoning Code. "Commission," rather than "Planning Commission," after Planning Commission is first used in the first Chapter of the Zoning Code. "Council," rather than "City Council," after City Council is first used in the first Chapter of the Zoning Code. "Deny," rather than "disapprove." "General Plan," rather than "City of Newport Beach General Plan," after City of Newport Beach General Plan is first used in the first Chapter of the Code. "In compliance with ... ," rather than "pursuant to," "in accordance with," "under," etc. "LCP," rather than Local Coastal Program "Parcel," rather than "lot." "Review authority," when referring generically to the City Council, Planning Commission, Planning Director, Zoning Administrator, etc. "Setback," rather than "yard." "Structure, structures," rather than "buildings," or "buildings and structures." "Zoning district," rather than "zone," or "zone district." City of Newport Beach Zoning Code Style and Format Additional words to use and not to use: Use: 2, 9, 10, 20, 30, etc. 12 months 30 days allowed applicable review authority before concurrently contained, identified, outlined e.g., (for partial "for instance" lists) ensure equivalent i.e., (for complete lists) in compliance with multi- family lot percent presumed religious institution shall Numbers Don't Use: two, ten, twenty, thirty, etc. one year one month permitted final review authority or decision making body prior to simultaneously (as) set forth, set out in "for example" insure, assure same as though "that is" in accordance with, per, pursuant to multiple- family parcel % (except when used in charts or tables) assumed church must herein his/her pursuant said such thereof "any," "all," "no" to start a sentence Numbers will be expressed in numeric form 2 through 10 or more. The archaic ordinance convention of repeating numbers in both word and numeric form (i.e., "fifty (50) ") will not be used. Percentages will be expressed using the % character only in tables and graphics, the word "percent" will be used in text. Capitalization In addition to normal capitalization conventions (proper names, etc.), and any words capitalized under "Terms and Phrases" above, the following will be capitalized: \ City of Newport Beach Zoning Code Style and Formal Words to capitalize and not to capitalize: Always Capitalize: Building Permit Chapter City Commission Council Department (all City Departments) Director Federal General Plan Land Use Element Don't Capitalize: applicable review authority development agreement specific plan (except for an existing plan) zoning district Part Permit types (e.g., Use Permit, Variance, etc.) RS -D, RS -A, C -N, C -C, C -G, IG, etc. names of zoning districts Section State Subparagraph Subsection Title Zoning Code Use a hyphen with the following words: single - family on -ramp multi - family (not multiple- family) off -ramp right -of -way (plural is rights -of -way) self- (when used as a prefix) off -site (adjective or adverb) -type on -site (adjective or adverb) Do not hyphenate the following words: "anti" words "citywide" (as an adjective) "mid" words are one word (exception: mid - sixties or when used with any proper capitalized noun mid - January) "multi" words are one word (exception: when a hyphen would prevent one word from being mistaken for another multi -ply fabric) "non" words (e.g., nonconforming, nonuse, nonurban, nonresidential, etc.) Exceptions: non - English, non - Indian, non - Italian (any capitalized proper noun) "pre" words (exception: pre - engineered) "re" words are usually one word with the exception of words that would have a duplicate meaning. (e.g., resign, re -sign) "retro" words (retroactive, retrofit) City of Newport Beach Zoning Code Style and Formal Outline Format The provisions of the Zoning Code will be organized according to the following outline. (Note: "X" is used as a place- holder for the actual Arabic numeral that will be used.) Title 20 - Zoning Code Part X - Name of Part Chapter 20.xx - Name of Chapter 20.xx.xxx - Name of Section A. Subsection 1. Paragraph a. Subparagraph (1) Subparagraph (a) Subparagraph References, Citations Outside of the same section. When a cross - reference is to text outside of the same section being referenced, the cross - reference starts with the Title number (i.e., 20) and continues to the appropriate level for the reference. For example, 20.010.050.B. refers to Subsection B. of Section 050, of Chapter 010, of Title 20. The terms Part, Chapter, and Section are used if the reference is to an entire Part, Chapter, or Section. Cross - references will include the applicable Part, Chapter, or Section number, followed by the name of the Part, Chapter, or Section in parenthesis (e.g., Chapter 20.74 [Appeals]). Within the same section. When a cross - reference is to text within the same section, the name of the Section level is used (i.e., Subsection, Paragraph, Subparagraph, etc.), and the reference "number" starts with the appropriate subsection letter. For example "See Paragraph D.2." refers to Paragraph 2., of Subsection D., of the same Section. External documents. Provisions of State law that are cited in the Zoning Code will be referenced by the name of the applicable State code, and either individual or multiple section numbers (e.g., "Government Code Section 65091;" "Subdivision Map Act Section 66749," etc.). City documents other than the General Plan that are not part of the Municipal Code (e.g., specific plans, etc.) will be referenced in the Zoning Code by showing the document title in italics. Municipal Code references should be; Municipal Code Chapter 19.68 (Merger of Contiguous Lots) CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 3, 2010 Agenda Item 6 SUBJECT: Zoning Code Update — (PA2009 -034) ■ Code Amendment No. 2009 -001 PLANNERS: James Campbell, Principal Planner (949) 644- 3210, icampbell(a7newportbeachca.gov Gregg Ramirez, Senior Planner (949) 644 - 3219, gramirez(a,)newportbeachea gov Melinda Whelan, Assistant Planner ( 949) 644- 3221, mwhelanOnewportbeach.ca.gov PROJECT SUMMARY The zoning code update is a comprehensive re -write of the current code. Zoning Districts in the updated zoning code reflect changes in land use designations that were a result of the adoption of the 2006 General Plan. New use classifications have been added, definitions have been completely revamped, development standards have been fine- tuned, and administrative procedures have been simplified. The Newport Beach General Plan, approved by voters in 2006, reflects the community's vision for Newport Beach and provides policies for realizing this vision.. The zoning code is an important tool for implementing many policies included in the General Plan, especially those related to land use and development. By law, the zoning code must be consistent with the policies of the General Plan that it implements. Those policies not implemented by the zoning code are implemented in a variety of ways such as other municipal code sections, City Council polices or through direct application of the policy itself. The attached Summary of Change (PC1) provides an overview of the notable revisions and additions contained in the draft zoning code. RECOMMENDATION 1) Conduct a public hearing beginning with a review of Part 2 and Part 4, with the exception of the following sections: Residential Care Facilities (20.48.170), Residential Development Standards (20.48.180) and the Bluff Overlay District (20.28.040); and 2) Continue to June 15, 2010. " "'' Zoning Code Update June 3, 2010 Page 2 Environmental Review Staff and the consultants are currently preparing an initial study. Once complete, a copy and recommendations will be forwarded to the Commission for review and comment. Public Notice Government Code Section 65091 provides that, when the number of property owners to whom notice would be required to be mailed is greater than 1,000 (which is the case with a comprehensive Zoning Code update), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission June 3`d, June 15th, June 17th, June 24t and June 29th hearings was provided as a 1/8 page display add in the May 22, 2010 Daily Pilot. Notice was also provided on the City's, website and to a zoning code update interest list. Prepared by: 41�� cam—a a - a es Campbell Princip I Planner Gregg Ramirez, Senior Planner Melinda Whelan, Assistant Planner Submitted by: ATTACHMENTS Fee EA " • qit .. ..- ._ ...- CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 15, 2010 Agenda Item 1 and June 17: 2010 Agenda Item2 SUBJECT: Zoning. Code Update — (PA2009 -034) Code Amendment No. 2009 -001 PLANNERS: James Campbell, Principal Planner (949) 644 -3210, icampbellanewportbeachca.gov Gregg Ramirez, Senior Planner (949) 644 -3219, pramirezAnewportbeachca.aov Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelanCa2newportbeach.ca.aov PROJECT SUMMARY The zoning code update is a comprehensive re -write of the current code. Zoning Districts in the updated zoning code reflect changes in land use designations that were a result of the adoption of the 2006 General Plan. New use classifications have been added, definitions have been completely revamped, development standards have been fine- tuned, and administrative procedures have been simplified. The Newport Beach General Plan, approved by voters in 2006, reflects the community's vision for Newport Beach and provides policies for realizing this vision. The zoning code is an important tool for implementing many policies included in the General Plan, especially those related to land use and development. By law, the zoning code must be consistent with the policies of the General Plan that it implements. Those policies not implemented by the zoning code are implemented in a variety of ways such as other municipal code sections, City Council polices or through direct application of the policy itself. RECOMMENDATION —June 15, 2010 1) Conduct a public hearing beginning with a review of Part 4 and then Part 3, time permitting, and 2) Continue to June 17, 2010. RECOMMENDATION —June 17.2010 1) Conduct a public hearing beginning with a review of and Parts 1, 3, 4.5 and 6, and; Zoning Code Update June 15 and 17, 2010 Page 2 2) Continue to June 24, 2010. Attachments PC1: Residential Regulations Comparison Tables PC Attachment 1 consist of two tables that compare the current zoning code standards to the draft code standards for residential development. The first table is applicable to R -1 and R -2 lots on Balboa Peninsula and the second table applies to R- 1 and R -2 lots in Corona del Mar (flower streets). Staff will discuss the proposed standards in greater detail at the June 15"' public hearing. PC 2: Public Comments Received Included as PC Attachment 2 are written comments received from the public regarding the zoning code update. PC3: Summary of Change The Summary of Change provides an overview of the notable revisions and additions contained in the draft zoning code to assist the Planning Commission and all other interested parties with their review of the draft code. Environmental Review Staff and the consultants are currently preparing an initial study. When complete, a copy will be forwarded to the Commission for review and comment. Public Notice Government Code Section 65091 provides that, when the number of property owners to whom notice would be required to be mailed is greater than 1,000 (which is the case with a comprehensive Zoning Code update), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission meetings appeared in the Daily Pilot on May 22nd and June 5«'. Notice was also provided on the City's website. ( Prepared by: James Campbell, Principal Planne Gregg Ramirez, Senior Planner Melinda Whelan, Assistant Planner Zoning Code Update June 15 and 17, 2010 Page 3 Submitted by: s, CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 13, 2010 Agenda Item 4 SUBJECT: Zoning Code Update (PA2009 -034) • Code Amendment No. 2009 -001 • Negative Declaration No. 2010 -005 PLANNERS: James Campbell, Principal Planner (949) 644 -3210, icampbellC-Dnewportbeachca.gov Gregg Ramirez, Senior Planner (949) 644 -3219, gram irez(a)newportbeachca.gov Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan( newportbeach.ca.gov PROJECT SUMMARY The zoning code update is a comprehensive re -write of the current code. Zoning Districts in the updated zoning code reflect changes in land use designations that were a result of the adoption of the 2006 General Plan. New use classifications have been added, definitions have been completely revamped, development standards have been fine- tuned, and administrative procedures have been simplified. Attached for the Planning Commission's consideration is a draft resolution recommending City Council adoption of the Revised Public Review Draft Zoning Code May 2010 and the accompanying Negative Declaration. The draft resolution includes Exhibit B that lists revisions previously reviewed by the Planning Commission at public hearings held on June 3, 15, 17 and 24 and six additional revisions being recommended by staff. These six staff recommended revisions are discussed on the following page. In addition to the staff recommendations for inclusion in the resolution, staff has provided revised language for the tenant and owner notification requirements for mixed- use projects.. This language was provided at the request of the Commission. The revision has not been included in the draft resolution because staff recommends that the Planning Commission not change the language in the draft code. RECOMMENDATION 1) Conduct a public hearing, and 2) Adopt Resolution No. recommending City Council adoption of 'Negative Declaration No. ND2010 -010 and Code Amendment 2009 -001 Zoning Code Update July 13, 2010 Page 2 Recommended Staff Revisions Staff recommends that the following six revisions be accepted by the Commission. They have been included in Exhibit C of the draft resolution and appear as Nos. 28 -33 and Maps C1 -C4. Pg. 3-63, Section 20.38.040D. Nonconforming Structures — Foundation Alterations. Revise subsection to allow foundation modification, retrofitting and replacement, when necessary and in conjunction with additions allowed pursuant to subsections 20.38.040G and 20.38.060A of the Nonconforming Uses and Structures Chapter. • Tables 2 -2 and 2 -3 Section 20.18.030. Revise footnote (2) as follows: Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in Table 2 -2 in compliance with the provisions of Municipal Code Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). This change is consistent with General Plan policy 4.3 which allows legally merged lots to be resubdivided back to the original underlying legal lots. • Revise Zoning Map. Change the zoning district from PC -25 to Public Facilities for the Newport-Mesa School District Site. This change is consistent with the General Plan Land Use category • Revise Setback Map S -10A Corona del Mar. Add call -out to map in order to clarify front setbacks on Pacific Drive. • Add Setback Map S -11 D Harbor View Hills/Spyglass. Research was necessary to determine appropriate front and rear setbacks. Research has been completed and appropriate setbacks are depicted on the added map. • Add Setback Map S -14 Granville Drive. Additional map is need to depict setbacks along Granville Drive. e, Zoning Code Update July 13, 2010 Page 3 Mixed -Use Proiects — Section 20.748.130 (p(1, 4 -21) At the June 24th meeting, the Planning Commission asked the City Attorney's office to research whether the tenant and owner notification requirements for mixed use projects could be strengthened. As a result, the City Attorney's office has prepared a revised Section 20.48.130H, below, for the Commission's consideration. Staff does not recommend this revision as we believe the language in draft code adequately addresses the issue. Therefore, it has not been included in the draft Planning Commission resolution. H. Notification to owners and tenants. Project applicants shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in a mixed use project or located within a mixed use zoning district. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district. Each and every buyer, lessee; or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The Project applicant shall covenant to include within all deeds, leases or Environmental Review Based upon the initial study prepared for the Zoning Code Update and pursuant to State CEQA Guidelines, Sections 15168 and 15162, the proposed Zoning Code Update is within the scope of activities and impacts identified within the General Plan 2006 Update program EIR, with the exception of forest resources and greenhouse gasses, and that no new effects have been found and no new mitigation measures are necessary.. The initial study has found that the Zoning Code Update will have no impact to forest resources given that there are not forest resources within the City of Newport Beach and there will be a less than significant impact relative upon greenhouse gas emissions. A Negative Declaration (ND) is proposed relative to forest resources and greenhouse gas emissions. The ND was completed and circulated for a mandatory 30 -day public- review period that began on June 20, 2010, and concludes on July 21, 2010. No comments have been received as of the writing of this staff report. Zoning Code Update July 13, 2010 Page 4 Public Notice Government Code Section 65091 provides that, when the number of property owners to whom notice would be required to be mailed is greater than 1,000 (which is the case with a comprehensive Zoning Code update), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission meetings appeared in the Daily Pilot on May 22 id and June 5h, 19" and 26th. Notice was also provided on the City's website. Prepared by: James Cam bell, Principal Planner) Gregg Ramirez, Senior Planner Melinda Whelan, Assistant Planner Submitted by David Lepo, Plan ing Director ming Commission Resolution - Negative Declaration/Initial Study (Previously tab ' anning Department website: Exhibit B - R (Previously I Available at M Code — May 2010 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 29, 2010 Agenda Item 2 SUBJECT: Zoning Code Update (PA2009 -034) • Code Amendment No. 2009 -001 • Negative Declaration No. 2010 -005 PLANNERS: James Campbell, Principal Planner (949) 644 - 3210, jcampbellia 'e newaoitbeachca:cov Gregg Ramirez, Senior Planner (949)644 -3219, oramirezia- Dnewoortbeachca.gov Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelanCa newportbeach.ca.aov INTRODUCTION On July 15, 2010, a motion of the Planning Commission to recommend to the City Council adoption of the Negative Declaration and Zoning Code Update (as proposed to be modified) failed by a vote of 3 ayes and 4 noes. The motion apparently failed because of draft provisions that would retain floor area limits on one and two- unit dwellings in Old Corona del Mar and on Balboa Island but replace the floor area limits in the balance of the City with minimum - dimensioned open air space /building envelope requirements as recommended by the General Plan /Local Coastal Program Implementation Committee (GP /LCP Committee). The Commission was able to reach a consensus with a majority straw vote on approximately 39 other issues that staff has incorporated within a revised resolution recommending approval of the Zoning Code Update. Staff has also prepared a separate resolution regarding the Negative Declaration. RECOMMENDATION 1) Conduct a public hearing, and 2) Adopt Resolution No. _ recommending City Council adoption of Negative Declaration No. ND2010 -010 (Attachment PC -1). 3) Adopt Resolution No. recommending City Council adoption of Code Amendment No. CA2009 -001 (Attachment PC -2). `)A Zoning Code Update July 29, 2010 Page 2 DISCUSSION One option to the zoning code proposal rejected on July 15Th would be to eliminate the proposed minimum- dimensioned open air spacelbuilding envelope concept and retain the current floor area limit scheme and open space requirement. This option could include a provision allowing basements limited to the buildable area (lot area less required setbacks). Lastly, to implement General Plan Policy LU 5.1.5 (Attachment PC- 3), building modulation and architectural treatment guidelines would be adopted and applicable Citywide. The benefits of this suggested action are: 1. one proven scheme throughout the R -1, R -2 and RBI zones. 2. no unintended consequences of a new regulatory approach. 3. would not cause structures to become nonconforming. 4. architectural modulation guidelines will allow flexibility of design and implementation the General Plan without repetition of building forms driven by numeric standards. A resolution for adoption of the revised zoning would include the language changes previously agreed to by the Planning Commission, and the following language changes to reflect the Zoning Code option proposed above: 20. Pg. 4 -29, Eliminate draft Section 20.48.180.D entirely. 41. Add necessary provisions to enact existing floor area limits that are applicable to R -1 and R -2 zones as currently defined and established. 42. Add a basement area limit such that finished basements shall be no larger in area than the buildable area, as defined; and exclude basement area from floor area limit standards. 43.Add the following open air space requirement that would apply to all R -1 zones within Old Corona del Mar, West Newport, and the Balboa Peninsula and all R -2 zones citywide. Open air space shall be provided in addition to the required setback areas and shall be a minimum volume equal to the buildable width of the lot, times the basic height limit, times 6 feet. This volume shall be provided anywhere on the lot behind required setback lines and below the 24 feet from grade. The volume may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. The volume shall be open on at least 2 sides and shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Zoning Code Update July 29, 2010 Page 3 Open air space volume with a dimension of less than 6 feet in any direction may be used to satisfy the minimum volume requirement, provided that said volume is contiguous to required open air space volume that provides a minimum 6 foot dimension in ail directions. Roofs, balconies, decks or patios with open railings, cornices, exterior stairways with open risers and open railings, and architectural features may project into open air spaces. 44.Add the following guideline that would be applicable to any new or renovated single -unit or two -unit residential building. Single -unit and two -unit residential buildings shall be designed to sustain a high level of architectural design quality and shall provide modulation of building masses, and architectural treatment of all elevations visible from public places. SUMMARY The proposed zoning code option would eliminate the proposed minimum - dimensioned open air space /building envelope concept as previously recommended by the GP /LPC Committee. ALTERNATIVES The Commission may modify the language of the option set forth above. Prepared by: James Campbell, 'Principall Planner ATTACHMENTS Submitted by: David Lepo, Planning Director I<Y[v�1 n• A�adll�laS�l� _ _ _ Attachment No. CC 6 ALUC Correspondence t* 40' `') �:,l AIRPORT LAND USE COMMISSION JRANGE COUNTY FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.S170 fax: 949.252.6012 August 23, 2010 Gregg Ramirez, Senior Planner City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 '$ Aug � � zota CITY OF NE'WP®RT EEAC11 Subject: City of Newport Beach Proposed Zoning Code Amendment Dear Mr. Ramirez: During the meeting held on August 19, 2010 the Airport Land Use Commission (ALUC) for Orange County considered the subject project. The matter was duly discussed, moved, seconded, and carried unanimously by the Commission to find the City of Newport Beach proposed Zoning Code Amendment to be Consistent with the Commission's Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA) and with the AELUP for Heliports. The Consistency finding was as follows: I. The Commission found the Proposed Zoning Code Amendment Consistent with the AELUP for JWA and the AELUP for Heliports with the inclusion of the additional language recommended by ALUC staff and as shown in the attached Redline /Strikeout version of the Zoning Code excerpts provided by City Staff. If the City Council does not adopt the proposed revisions, the City will be required to return to ALUC for another Consistency determination with the AELUP for JWA and the AELUP for Heliports. Please contact ALUC staff at (949) 252 -5123 or via email at lumnas a ocair.com if you require additional information or have questions regarding this proceeding. Sincerely, Kari A. Rigoni Executive Officer Attachment: Additional Language for the Proposed Zoning Code Redline /Strikeout Version of Proposed Changes to the Draft Zoning Code Amendment Submitted by City Staff on August 12, 2010 AttachW "cl! 9 Section 20.30.060 Height Limits and Exceptions (pa 3-19) A a. iesoonses. 2. Citywide Requirements 2 ^' '—'n= ^ re:ripw Development projects that include structures higher than 200 feet above existing grade shall be submitted to the Airport Land Use Commission (ALUC) for review. In addition, projects that exceed a height of 200 feet above existing grade shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Section 20.30.060 (pg. 3 -16) e. High Rise Height Area. In this height limit area, the maximum height limit shall be 300 feet and no further increase to the maximum allowed height is available. This height limit is applicable to all nonresidential zoning districts within its boundaries as indicated on the High Rise and Shoreline height Limit Areas Map (See Part S, Map H -1). Proposed proiects in this T#is height limit area shall comply with the recuirments of Subsection E 20.30.010 — Noise This Section establishes standards for the regulation of noise levels to protect the health, safety, and welfare. A. Compliance with noise control provisions. All land uses and their associated activities shall comply with the provisions of this Section and Chapters 10.26 (Community Noise Control) and 10.28 (Loud and Unreaonable Noise) of the Municipal Code. B. Acoustical study. The Director may require the preparation of an acoustical study in instances where the Director determines that a project may expose existing or proposed noise- sensitive land uses to noise levels exceeding the standards specified in Chapters 10.26 or 10.28 of the Municipal Code. C. Noise exposure verification for new development. Applicants for projects located in areas projected to be exposed to a CNEL of 60 dBA and higher may conduct a field survey, noise measurements, or other noise modeling analysis in a manner acceptable to the Director to provide evidence that the noise contours identified in the Noise Element of the General Plan do not adequately account for local noise exposure circumstances due to topography, variation in traffic speeds, or other conditions. These findings shall be used to determine the level of required noise attenuation methods and the feasibility of mitigation. D. Deliveries, loading, and unloading. Deliveries, loading, unloading, opening /closing or other handling of boxes, crates, containers, building materials, trash receptacles, or similar objects within a nonresidential zoning district shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays. E. Noise sensitive land uses. New noise sensitive land uses that will be impacted by existing land use related noise sources shall be required to mitigate the noise levels from those noise sources so that the resulting noise levels on the proposed noise - sensitive land use(s) do not exceed the standards in Chapter 10.26 (Community Noise Control) of the Municipal Code. F-2--Mitigation of impacts. Noise mitigation measures may be required in conjunction with the approval of an application for new development when a significant noise impact is identified. TABLE 3 -2 NT NOISE 3 60 2 65 1 70 1 Over 75 Anv increase is considered significant %A 20.16.010 —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. The last column in the tables ( "Specific Use Regulations ") may include a reference to additional regulations that apply to the use. See Part 7 for land use definitions. See Chapter 20.12 for unlisted use _ Permit Regduements* w. P Permiitgei 13y- Right �' COP Conditional Use Permit (20.6&090) MU Minor Use Pemait (20 66,090) . P Limited Toms Permit (20.56;080) LTP Not allowed " ".. - - I OA I OG I OM I OR I Speciric Use Regulations Handicraft Industry p Industry, Small (Less than 5,000 sq. ft.) MUP -- - -- - -- Personal Storage (Mini Storage) p ___ ___ Research and Development, General p p P P Research and Development, Restricted Assembly /Meeting Facilities (Less than 5,000 sq. ft.) MUP CUP MUP CUP MUP CUP MUP CUP Commercial Recreation and Entertainment - -- -- CUP Cultural Institutions p _ -_ ___ P Schools, Public and Private CUP CUP - -- CUP Schools, related to medical professions Alcohol Sales (off -sale) MUP MUP MUP MUP MUP MUP MUP MUP 20.48.030 Alcohol Sales (off - sale), Accessory Only P MUP MUP P Retail Sales (less than 10,000 sq. ft.) MUP P P P Retail Sales (10,000 sq. ft. or greater) CUP - -- Pharmacy, Medical Supplies ATM P P p P p P p P Convalescent Facilities - -- MUP P Emergency Health Facilities p p p p Financial Institutions and Related Services P P P P i Use See Part 7 for land use definitions. See Chanter 20.12 fnr iin IktPd — Coxnmerciat Office Zoning Districts -. 'PermRRequrentents P 'Fermi }fedHy�R.i�ta . - -. - -- UP Condi{iojla}'tlsePiN7titt (24.66,094) JU MlnorUse PernR'(20k6.090) - P L`mii�Tarm Perrriif(20.9b.0 &4)' TIP Not allowed" OA I OG I OM I OR I Specific Use Regulations Small - 2,000 sq. ft or less p p CUP p Offices - Business P P P P Offices - Corporate p p P P Offices - Medical and Dental p p p p Offices - Professional p p p p MC 5.50 Outpatient Surgery Facility p Ambulance Services p p p p p MUP Animal Sales and Services Animal Boarding /Kennels P CUP Animal Grooming P MUP MUP Veterinary Services P CUP CUP CUP Personal Services, General 20.48.050 20.48.050 20.48.050 Artists' Studios P p P Catering Services P p p Day Care - General MUP MUP MUP MUP Eating and Drinking Establishments Accessory food service (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) P P P P 20.48.090 CUP _P/MUP - -- CUP 20.48.090 PlMUP - -- 20.48.090 MUP MUP - -- - -- 20.48.090 p /MUP P /MUP P /pMU p /MUP 20.48.090 MUP MUP MUP MUP 20.48.090 CUP CUP CUP CUP 20.48.090 P /MUP P /MUP P /pMU P /MUP 20.48.090 Funeral Homes and Mortuaries, w/o crematorium MUP MUP MUP MUP Funeral Homes and Mortuaries, with crematorium CUP CUP CUP CUP Health /Fitness Facilities Small - 2,000 sq. ft or less p p p p Lar e - Over 2,000 s . ft. MUP MUP MUP MUP Laboratories P P P P Maintenance and Repair Services p p __ p Massage Establishments MUP MUP MUP MUP MC 5.50 Massage Services, Accessory MUP MUP MUP MUP 20.48.120 20.48.120 Personal Services, General p I p p p m Office Only p Commercial Office Z,otihig]Districts - -- - ___ Permit Requirements•_ Vehicles for hire P Permitted 13y Right °CUP Condit }Onpl Usetemdf (2p 66.090) CUP Service Stations ]Loll Accessory Structures and Uses T,mli Miuo /ltse Permft- (206.090) _ p P Limited Term Permit (26.66.0w) MUP MUP L7P Not allowed+ 20.48.080 Land Use P P P See Part 7 for land use definitions. 20.48.140 OA OG OM OR Specific Use Regulations See Chu ter 20.12 for unlisted uses. LTP LTP LTP LTP 20.52.040 Personal Services, Restricted MUP MUP MUP MUP Postal Services p p p p Printing and Duplicating Services p p p p Smoking - -- - -- --- --- Visitor Accommodations, Nonresidential Hotels, Motels, and Time - Shares CUP CUP - -- COMM Communication Facilities P p - -_- p Heliports and Helistops S31 CUP - -- CUP CUP Parking Facilities MUP MUP MUP MUP Parking Structures, adjacent to residential district "' CUP CUP --- Utilities, Minor p p p p Utilities, Major CUP CUP CUP CUP Wireless Telecommunication Facilities Municipal Code Chapter 15.70 Vehicle Sales, Office Only p p p Vehicle /Equipment Rentals Office Only p p - -- p ___ Vehicles for hire CUP MUP Vehicle /Equipment Rentals and Sales CUP Service Stations ]Loll Accessory Structures and Uses CUP p __- p p vemcle /cqulpment Nepalr General CUP -- - -- ___ Limited MUP Vehicle /Equipment Services Automobile Washing /Detailing, self MUP MUP MUP service or accessory Service Stations ]Loll Accessory Structures and Uses CUP p __- p p p 20.48.210 Drive- Through Facilities MUP MUP MUP MUP 20.48.080 Outdoor Storage and Display P P P P 20.48.140 Special Events Municipal Code Chapter 11.03 Temporary Uses LTP LTP LTP LTP 20.52.040 ,t, .. 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). (t) Late hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 P.M. any day of the week. (2) Permitted or Minor Use Permit required. a. A Minor Use Permit shall be required for any use located within 500 feet, property line to property line, of any residential zoning district. b. A Minor Use Permit shall be required for any use that maintains late hours. 20.30.010 - Noise H. Dedication of avigation easements in favor of the County of Orange may be required when noise sensitive uses are proposed in the JWA Planning Area, as established in the JWA AELUP. New public parks in Noise Impact Zones 1 and 2 identified in the JWA AELUP are required to post notifications to users regarding aircraft overflight and noise. Attachment No. CC 7 Correspondence Received l �, I 411,314 IRVINE COMPANY Since 1 &64 September 13, 2010 Honorable Keith Curry, Mayor City of Newport Beach City Council 3300 Newport Boulevard Newport Beach, CA 92663 Subject: City of Newport Beach 4h Draft Zoning Code Dear Mayor Curry: We appreciate this opportunity to advance a comment related to the City Council's upcoming review of the proposed Zoning Code update. We have been monitoring the City's efforts for some time at the GP /LCP Implementation Committee and Planting Commission and have submitted extensive comments on each iteration of the draft Zoning Code. Virtually all of our previous questions and comments have been addressed by staff through those review processes. We appreciate all the hard work that has gone into the Zoning Code update process and commend staff for their dedication and attention to detail. At this time, we request clarification on the following section: Buffering and Screening - Section 20.30.020 (page 3 -5) — This section of the proposed Zoning Code requires roof mounted mechanical equipment to be screened from public view and adjacent residential districts. The current Zoning Code contains language allowing the Planning Director to waive the screening requirement if it can be clearly demonstrated that the exterior roof mounted or ground mounted mechanical equipment is not visible from any public right -of -way and/or public property. In an earlier version of the proposed Zoning Code, staff had included an exception to the screening requirement similar to the language in the existing Zoning Code. The exception was deleted in the 3rd and 4`11 drafts. Without the exception language, all mechanical equipment will be required to be screened regardless if the equipment can be viewed from public rights -of- way and /or public property or private residences. We respectfully request that the City Council retain the exception language. Thank you for your consideration. Sincerely, Dan Miller Sr. Vice President Entitlement & Public Affairs 550 Newport Center Drive, Newport Beach, California 92660 -7011 949.720.2000 -f I, k C: Councilmember Michael F. Henn Councilmember Steven Rosansky Councilmember Don Webb Councilmember Leslie Daigle Councilmember Edward Selich Councilmember Nancy Gardner Mr. Gregg Ramirez Mr. Thomas Mathews Ms. Shawna Schaffner -11 qI- PUBLIC HEARING NOTICE CITY COUNCIL ZONING CODE UPDATE (PA2010 -034) I� The City of Newport Beach is considering a comprehensive update of the Zoning Code for the purpose of implementing the 2006 update of the General Plan, and invites members of the public to participate in upcoming public hearing on the proposed update. The Zoning Code Update is a comprehensive re -write of the current code and includes new zoning districts, new use classifications, updated and revised definitions, new and amended development standards, updated Zoning Maps, and modified administrative procedures. The Zoning Code Update and the proposed zoning districts and regulations reflect the land use designations and policies established by the Land Use Element included in the General Plan Update. October 12, 2010 at 7:00PM All meetings are held in the City Council Chambers at 3300 Newport Boulevard, Newport Beach. Meetings may be continued to a subsequent regular or special meeting, with an announcement at the hearing with no further written notice. CEQA Compliance: Based upon the Initial study prepared for the Zoning Code Update and pursuant to State CEQA Guidelines, Sections 15168 and 15162, the proposed Zoning Code Update is within the scope of activities and impacts identified within the General Plan 2006 Update Program EIR, with the exception of forest resources and greenhouse gasses, and that no new effects have been found and no new mitigation measures are necessary. The initial study has found that the Zoning Code Update will have no impact to forest resources and there will be a less than significant impact relative upon greenhouse gas emissions. A Negative Declaration (ND) is proposed relative to forest resources and greenhouse gas emissions. The ND was completed and circulated for a mandatory 30-day public -review period that began on June 20, 2010, and concluded on July 21, 2010. All interested parties may appear and present testimony in regard to this project. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newoortbeachca.aov on the Thursday prior to the hearing. For additional project specific information, call the Planning Department at (949)644 -3204. r ^ Leila i I. Brown City Cleik City of Newport Beach PUBLIC HEARING NOTICE CITY COUNCIL ZONING CODE UPDATE (PA2010 -034) The City of Newport Beach is considering a comprehensive update of the Zoning Code for the purpose of implementing the 2006 update of the General Plan, and invites members of the public to participate in upcoming public hearing on the proposed update. The Zoning Code Update is a comprehensive re -write of the current code and includes new zoning districts, new use classifications, updated and revised definitions, new and amended development standards, updated Zoning Maps, and modified administrative procedures. The Zoning Code Update and the proposed zoning districts and regulations reflect the land use designations and policies established by the Land Use Element included in the General Plan Update. October 12, 2010 at 7:OOPM All meetings are held in the City Council Chambers at 3300 Newport Boulevard, Newport Beach. Meetings may be continued to a subsequent regular or special meeting, with an announcement at the hearing with no further written notice. CEQA Comaliance: Based upon the initial study prepared for the Zoning Code Update and pursuant to State CEQA Guidelines, Sections 15168 and 15162, the proposed Zoning Code Update is within the scope of activities and impacts identified within the General Plan 2006 Update Program EIR, with the exception of forest resources and greenhouse gasses, and that no new effects have been found and no new mitigation measures are necessary. The initial study has found that the Zoning Code Update will have no impact to forest resources and there will be a less than significant impact relative upon greenhouse gas emissions. A Negative Declaration (ND) is proposed relative to forest resources and greenhouse gas emissions. The ND was completed and circulated for a mandatory 30 -day public -review period that began on June 20, 2010, and concluded on July 21, 2010. All interested parties may appear and present testimony in regard to this project. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newaortbeachca.aov on the Thursday prior to the hearing. For additional project specific information, call the Planning Department at (949)644 -3204. [eildrii I. Brown City Clerk City of Newport Beach Easy Peel® labels I ♦ Send along line to I Q I Use Avery® Template 51600 j Feed Paper expose pop-up Edge— j AVERY ® 5960 1 1 Balboa Coves Community Assoc. Walters Management Maureen Fitzpatrick 17300 Red Hill Avenue 210 Irvine, CA 92615 Central Newport Beach Community Assoc. 808 W Balboa Blvd Newport Beach, CA 92661 Irvine Terrace Community Assn. Merit Property Management Attn: David Rainer 1 Polaris Way 100 Aliso Viejo, CA 92656 Linda We Community Assoc. Keystone Pacific Attn: Sheri Connor 16845 Von Karman 200 Irvine, CA 92606 Newport Shores Community Assoc. Ammcor Juliana Dickinson 1062 Calle Negocio 0 San Clemente, CA 92673 Mariners Mile Business Owners Association Ned McCune 424 E. 16th Street Costa Mesa, CA 92627 ftuettes face" h paler UtIlisez le aabarit AVERY® SIMO Balboa Peninsula Point Association Dennis Borowsky 2037 Seville Ave Newport Beach, CA 92661 Corona Del Mar Residents Association PO Box 1500 Corona Del Mar, CA 92625 Lido Isle Community Assoc. Patrick Sanders 701 Via Lido Soud Newport Beach, CA 92663 Newport Heights Improvement Association Don Krotee 2916 Clay St Newport Beach, CA 92663 Promontory Bay Community Assoc. Villageway Management Company Attn: Management Rep PO Box 4708 Irvine, CA 92616 sem de Raptbz A to hodrure afln de ,' .6rt,Ir L.�h..10n.�11..1Y I Bayshores Community Assn. PCM Brenda Zizzo 23626 Birtcher Lake Forest, CA 92630 Harbor Island Community Assn. Total Property Mgmt Attn: Jon Martin 32 Harbor Island Newport Beach, CA 92660 Lido Sands Community Association Attn: Bob Leonard 4831 Lido Sands Dr Newport Beach, CA 92663 Newport Island Incorporated Attn: Jim Miller 4101 Seashore Drive Newport Beach, CA 92663 West Newport Beach Assn. Attn: Craig Batley 2901 Newport Blvd Newport Beach, CA 92663 www.avery wn Authorized to Publish Adverttsctpcnts of all kinds including rkcnic of the Superior Court of Orange County. California September 29. 1961, and A-2483t June H. 1963, PROOF OF PUBLICATIC STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE ) I am a Citizen of the United StatE resident of the County aforesai over the age of eighteen years, a party to or interested in the belo\A matter. I am a principal clerk NEWPORT BEACH - COSTA DAILY PILOT, a newspaper of circulation, printed and publishe City of Costa Mesa, County of State of California, and that PUBLIC HEARING NOTICE CITY COUNCIL ZONING CODE UPDATE (PA2010 -034) The City of Newport Beach is considering a comprehensive update of the Zoning Code for 1M purpose of implementing the 2006 update of the General Plan, ado mires members of the public to participate n upcoming pubic hearing on the proposed update. The Zoning Code Update is a comprehensive re-w im of he current code and includes new zoning districts new use classifications, updated and rev,sed defnibons. new and amended development standards. updated Zoning Maps. and modified admin,stretne procedures. The Zoning Code Update and the proposed Zoning districts and regulahons reflect ire land use desgret ons and policies established by the land Use Element nUuded n rim Genera! Plar Update. October 12, 2010 at 7:00113M All meetings are held in he Clly Council Chambers K 3300 Newport Boulevard, Newporl Beach. Meetings may be dontineed to a subsequent regular or special meeting, w0 an announcemen! at the hew '. ng web no further carmen notice. CEOAC rapllmce Based upon the in" study prepared for the Zoning Code Update and pursuant to State CEOA Guidelines. Sections 15168 and 15162, the proposed Zoning Code Update is whin the scope of activdies and impacts i0errihed wren me General Plan 2006 Update Program EIB. with the exception of forest resources and greenhouse gasses. and that no new effects have been found and no new mngatxo measures are necessary. The initial study has found hat the Zoning Code Update will have no impact to forest resources and there will pe a less than sgnificam mpact relative upon greenhouse gas emissions A Negative Oeclarauon (NO) is proposed rerabve to forest resources and greenhouse gas emissions. The NO was completed and circulated for a mandatory 30 -day pudic -mvmw period hat began on June 20. 2010. and concluded on July 21. 2010. All interested names may appear and present testimony in regard to this protect. If you challenge this prolect o court . you may be limited to raising only those issues you or someone else raised at the City Councr nmeting (descnbed in this notice) or in written conespondence deliverec to the City at or prior to, the review• The agenda, staff report. and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard. Newport Beach, California, 92883, or at the City of Newport Beach webetro at naotsrtawl+orNeachsa.Cgy on the Thursday prior to the hearing. For additional onotecl specific information. call the Planning Oepartment at (9491644 -32 N Leilani I. Brown City Clerk City of Newport Beach Notice is a true and complete copy as was printed and published on the following dates: October 2, 2010 1 declare, under penalty of perjury, that _ the foregoing is true and correct. f -0 o 11 Executed on October 6, 2010 at Costa Mesa, California. G7 Signalure 20.18 Residential Zoning Districts cou,,Cll AGENDA N0.1 �.� fv (4) Side setback areas for lots designated Special Fire Protection Areas shall be a minimum of 5 feet unless reduced by the Fire Marshal. (5) The floor area of a subterranean basement is not included in the calculation of total gross floor area. (6) The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or 2.0 times the buildable area of the lot. Newport Beach Zoning Code, Tide 20 October 2010 20.28 Districts C. Bayadere Terrace (1701 -2201) (1) Development Area A. Between the front property line adjacent to Bayadere Terrace and the 50 -foot contour line`. (2) Development Area B. Between the 50 -foot contour line and a development line established at an elevation that is 13 feet below the average elevation of the top of the curb adjacent to the lot. (3) Development Area C. All portions of the lot not located in Areas A and B. 4. Map 4 - Avocado Avenue/Pacific Drive a. Avocado Avenue (1) Development Area A. Above the 68 -foot contour line for 415 Avocado Avenue, above the 50 -foot contour line for 411 Avocado and 401 Avocado Avenue. (2) Development Area C. Below the 68 -foot contour line at 415 Avocado Avenue, below the 50 -foot contour line at 411 Avocado Avenue and 401 Avocado Avenue. b. Pacific Drive (2235 -2329) (1) Development Area A. Between the front property line adjacent to Pack Drive and the 53 -foot contour line.' (2) Development Area C. All portions of the lot not located in Area A. S. Map 5 - Carnation Avenue a. Carnation Avenue (201 -233) (1) Development Area A. Between the front property line adjacent to Carnation Avenue and the 50.7 -foot contour line.* (2) Development Area C. All portions of the lot not located in Area A. b. Carnation Avenue (239 -317) (1) Development Area A. As indicated by the specified distance (in feet) from the front property line adjacent to Carnation Avenue on the development area map. (2) Development Area B. Between the Area A development line and the 70 -foot contour line.` Newport Beach Zoning Code, Title 20 October 2010 ryOry•, r�1 ,Lp 68 ft Contour 415 Avocado Avenue ri 50 ft Contour 411 Avocado Avenue ji 1 ti 50 ft Contour 401 Avocado Avenue 'V Wq rERFR N ONTOR P� r�i LP4 riS F AA q aryl O" -'9H ryry titi soy a a' $o� rL21y � n O� tit ryry��� ti��ry^ V 53 ft Contour 23ry5 v 2235 -2329 Pacific Drive Z3ry9� ��p s o so rao r.. t15 Development Areas Delineated By - Development Area B-4 Avocado Avenue I Pacific Drive aSpecif" Disunce from Front Property Line Development Area •• $pecilwA Dntante eebw lap of Curb Development Area G Specrtiee Contour TOC Newport Beach Zoning Code Title 20 Table of Contents Part 1 Zoning Code Applicability Chapter 20.10 — Purpose and Applicability of the Zoning Code .................. ............................... 1 -3 20.10.010 — Title ................................................................................................ ............................1 -3 20.10.020 — Purpose ......................................................................................... ............................1 -3 20.10.030 — Authority, Relationship to General Plan .......................................... ............................1 -3 20.10.040 — Applicability of Zoning Code ........................................................... ............................1 -3 20.10.050 — Responsibility for Administration .................................................... ............................1 -5 Chapter 20.12 — Interpretation of Zoning Code Provisions .......................... ............................... 1 -7 20.12.010 — Purpose ......................................................................................... ............................1 -7 20.12.020 — Rules of Interpretation .................................................................... ............................1 -7 Chapter20.14 —Zoning Map ........................................................................ ............................... 1 -11 20.14.010 — Zoning Map Adopted by Reference ............................................... ...........................1 -11 20.14.020 — Zoning Districts Established .......................................................... ...........................1 -11 20.14.030 — Zoning District Symbols ................................................................. ...........................1 -12 Part 2 Zoning Districts, Allowable Land Uses, and Zoning District Standards Chapter 20.16 — Development and Land Use Approval Requirements ....... ............................... 2 -3 20.16.010 — Purpose ......................................................................................... ............................2 -3 20.16.020 — General Requirements for Development and New Land Uses ........ ............................2 -3 20.16.030 — Allowable Land Uses and Planning Permit Requirements .............. ............................2 -4 20.16.040 — Short Term Uses and Structures .................................................... ............................2 -5 October 2010 Newport Beach Zoning Code, Title 20 TOC Purpose and Applicability of the Zoning Code 20.16.050 — Special Events ............................................................................... ............................2 -5 20.16.060 — Additional Permits and Approvals may be Required ....................... ............................2 -5 Chapter 20.18 — Residential Zoning Districts [R -A, R -1, R -BI, R -2, RM, RMD] ........................... 2 -7 20.18.010 — Purposes of Residential Zoning Districts ........................................ ............................2 -7 20.18.020 — Residential Zoning Districts Land Uses and Permit Requirements . ............................2 -7 20.18.030 — Residential Zoning Districts General Development Standards ........ ............................2 -9 Chapter 20.20 — Commercial Zoning Districts [OA, OG, OM, OR, CC, CG, CM, CN, CV] ........ 2 -19 20.20.010 — Purposes of Commercial Zoning Districts ...................................... ...........................2 -19 20.20.020 — Commercial Zoning Districts Land Uses and Permit Requirements ..........................2 -20 20.20.030 — Commercial Zoning Districts General Development Standards ..... ...........................2 -26 Chapter 20.22 — Mixed -Use Zoning Districts [MU -V, MU -MM, MU -DW, MU- CV /15`h St, MU -W1, MU-W2] .......................................................................................................... ............................... 2 -31 20.22.010 —Purposes of Mixed -Use Zoning Districts ........................................ ...........................2 -31 20.22.020 — Mixed -Use Zoning Districts Land Uses and Permit Requirements ................... ......... 2 -32 20.22.030 — Mixed -Use Zoning Districts General Development Standards ....... ...........................2 -41 Chapter 20.24 — Industrial Zoning District [IG] ........................................... ............................... 2-47 20.24.010 —Purposes of Industrial Zoning District ............................................ ...........................2 -47 20.24.020 — Industrial Zoning District Land Uses and Permit Requirements ..... ...........................2 -47 20.24.030 — Industrial Zoning Districts General Development Standards .......... ...........................2 -51 Chapter 20.26 — Special Purpose Zoning Districts [OS, PC, PF, PI, and PR] ........................... 2 -53 20.26.010 — Purposes of Special Purpose Zoning Districts ............................... ...........................2 -53 20.26.020 — Special Purpose Zoning Districts Land Uses and Permit Requirements ...................2 -54 20.26.030 — Special Purpose Zoning Districts General Development Standards .........................2 -56 Chapter 20.28 — Overlay Zoning Districts [MHP, PM, B, and C] ................. ............................... 2 -59 20.28.010 —Purposes of Overlay Zoning Districts ............................................ ...........................2 -59 20.28.020 — Mobile Home Park (MHP) Overlay Zoning District ......................... ...........................2 -59 20.28.030 — Parking Management (PM) Overlay District ................................... ...........................2 -60 20.28.040 — Bluff (B) Overlay District ................................................................ ...........................2 -61 20.28.050 — Reserved ....................................................................................... ...........................2 -68 Part 3 Site Planning and Development Standards Chapter 20.30 — Property Development Standards ...................................... ............................... 3 -5 20.30.010 — Purpose and Applicability ............................................................... ............................3 -5 20.30.020 — Buffering and Screening ................................................................. ............................3 -5 20.30.030 — Reserved ........................................................................................ ............................3 -7 20.30.040 — Fences, Hedges, Walls, and Retaining Walls ................................. ............................3 -7 20.30.050 — Grade Establishment ..................................................................... ...........................3 -10 20.30.060 — Height Limits and Exceptions ........................................................ ...........................3 -13 Newport Beach Zoning Code, Title 20 October 2010 [Leif 20.30.070 — Outdoor Lighting ............................................................................ ...........................3 -18 20.30.080 — Noise ............................................................................................. ...........................3 -19 20.30.090 — Public Access to Bay Front . ..................................................................................... 3 -20 20.30.100 — Public View Protection ................................................................... ...........................3 -21 20.30.110 — Setback Regulations and Exceptions ............................................ ...........................3 -22 20.30.120 — Solid Waste and Recyclable Materials Storage ............................. ...........................3 -29 20.30.130 — Traffic Safety Visibility Area ........................................................... ...........................3 -32 Chapter 20.32 — Density Bonus ................................................................... ............................... 3 -34 20.32.010 — Purpose ........................................................................................ ...........................3 -34 20.32.020 — Eligibility for Density Bonus and Incentives ................................... ...........................3 -34 20.32.030 — Allowed Density Bonuses .............................................................. ...........................3 -35 20.32.040 — Parking Requirements in Density Bonus Projects .......................... ...........................3 -40 20.32.050 —Allowed Incentives ........................................................................ ...........................3 -41 20.32.060 — Incentives for Housing with Child Care Facilities ........................... ...........................3 -42 20.32.070 — Design and Distribution of Affordable Units . ............................................................. 3 -43 20.32.080 — Continued Availability .................................................................... ...........................3 -43 20.32.090 — Occupancy and Resale of Common Interest Units . .................................................. 3 -43 20.32. 100 — Affordable Housing Agreement ..................................................... ...........................3 -44 Chapter 20.34 — Conversion or Demolition of Affordable Housing ........... ............................... 3-46 20.34.010 — Purpose ........................................................................................ ...........................3 -46 20.34.020 — Applicability ................................................................................... ...........................3 -46 20.34.030 — Exemptions ................................................................................... ...........................3 -46 20.34.040 — Review Authority ........................................................................... ...........................3 -47 20.34.050 — Replacement of Affordable Housing .............................................. ...........................3 -47 20.34.060 — Determining Requirements for Replacement Units ........................ ...........................3 -48 20.34.070 — Feasibility Analysis ........................................................................ ...........................3 -49 20.34.080 — Administration and Feasibility Analysis Fees ................................. ...........................3 -49 20.34.090 — Findings to Conclude that Replacement of Units is Not Feasible ... ...........................3 -50 20.34. 100 — Affordable Housing Agreement ..................................................... ...........................3 -50 Chapter 20.36 — Landscaping Standards .................................................... ............................... 3 -52 20.36.010 — Purpose ........................................................................................ ...........................3 -52 20.36.020 — Applicability ................................................................................... ...........................3 -52 20.36.030 — Exempt Projects . ...................................................................................................... 3 -52 20.36.040 — Alternatives to Requirements . .................................................................................. 3 -53 20.36.050 — General Landscape Standards ...................................................... ...........................3 -53 20.36.060 — Landscape and Irrigation Plans ..................................................... ...........................3 -54 20.36.070 — Landscape and Irrigation Plan Standards ...................................... ...........................3 -54 Chapter 20.38 — Nonconforming Uses and Structures ............................... ............................... 3 -58 20.38.010 — Purpose ........................................................................................ ...........................3 -58 20.38.020 — Applicability ................................................................................... ...........................3 -58 20.38.030 — Determination of Nonconformity .................................................... ...........................3 -59 20.38.040 — Nonconforming Structures ............................................................. ...........................3 -59 20.38.050 — Nonconforming Uses ..................................................................... ...........................3 -61 20.38.060 — Nonconforming Parking ................................................................. ...........................3 -61 20.38.070 — Landmark Structures ..................................................................... ...........................3 -63 20.38.080 — Repair of Damaged or Partially Destroyed Nonconformities .......... ...........................3 -64 20.38.090— Termination of Nonconforming Status ........................................... ...........................3 -65 20.38. 100 —Abatement Periods ........................................................................ ...........................3 -66 Chapter 20.40 — Off - Street Parking .............................................................. ............................... 3 -72 October 2010 Newport Beach Zoning Code, Title 20 TOC Purpose and Applicability of the Zoning Code 20.40.010 — Purpose ........................................................................................ ...........................3 -72 20.40.020 — Applicability ................................................................................... ...........................3 -72 20.40.030 — Requirements for Off - Street Parking ............................................. ...........................3 -73 20.40.040 — Off - Street Parking Spaces Required ............................................. ...........................3 -74 20.40.050 — Parking Requirements for Shopping Centers ................................ ...........................3 -78 20.40.060 — Parking Requirements for Food Service Uses ............................... ...........................3 -79 20.40.070 — Development Standards for Parking Areas .................................... ...........................3 -80 20.40.080 — Parking for Nonresidential Uses in Residential Zoning Districts ..... ...........................3 -85 20.40.090 — Parking Standards for Residential Uses ........................................ ...........................3 -86 20.40.100 — Off -Site Parking ............................................................................. ...........................3 -88 20.40.110 — Adjustments to Off - Street Parking Requirements .......................... ...........................3 -89 20.40.120 — Parking Management Districts ....................................................... ...........................3 -90 20.40.130 — In -lieu Parking Fee ........................................................................ ...........................3 -90 Chapter 20.42 — Sign Standards .................................................................. ............................... 3 -92 20.42.010 — Purpose ........................................................................................ ...........................3 -92 20.42.020 — Effect of Chapter ........................................................................... ...........................3 -93 20.42.030 — General Provisions ........................................................................ ...........................3 -94 20.42.040 — Definitions ..................................................................................... ...........................3 -95 20.42.050 — Prohibited Signs ....................................................................... ..............................3 -102 20.42.060 — Provisions Applying to All Sign Types ...................................... ..............................3 -103 20.42.070 — Standards for Permanent Signs ............................................... ..............................3 -105 20.42.080 — Standards for Specific Types of Permanent Signs .................... ..............................3 -113 20.42.090 — Standards for Temporary Signs ................................................ ..............................3 -124 20.42. 100 —Procedures for Sign Approval, Exemptions, and Revocations .. ..............................3 -128 20.42.110 —Modification Permit ................................................................... ..............................3 -131 20.42.120 — Comprehensive Sign Program ................................................. ..............................3 -131 20.42.130 — Innovative Sign Program .......................................................... ..............................3 -133 20.42.140 — Nonconforming Signs ............................................................... ..............................3 -134 20.42.150 — Abandoned Signs ..................................................................... ..............................3 -135 20.42.160 — Illegal Signs .............................................................................. ..............................3 -136 20.42.170 — Maintenance Requirements ..................................................... ..............................3 -136 20.42.180 — Heritage Signs ......................................................................... ..............................3 -137 Chapter 20.44 — Transportation Demand Management Requirements ... ............................... 3 -141 20.44.010 — Purpose ................................................................................... ..............................3 -141 20.44.020 — Applicability .............................................................................. ..............................3 -141 20.44.030 — Transportation Demand Management Program ........................ ..............................3 -141 20.44.040 — Employment Generation Factors .............................................. ..............................3 -142 20.44.050 — Site Development Requirements .............................................. ..............................3 -142 20.44.060 — Equivalent Facilities or Measures ............................................. ..............................3 -143 20.44.070 — Enforcement and Penalties . ................................................................................... 3 -143 Chapter 20.46 — Transfer of Development Rights ..................................... ............................... 3 -145 20.46.010 — Purpose ................................................................................... ..............................3 -145 20.46.020 — Applicability .............................................................................. ..............................3 -145 20.46.030 — General Requirements ............................................................. ..............................3 -145 20.46.040 — Procedures ............................................................................... ..............................3 -145 20.46.050 — Findings ................................................................................... ..............................3 -146 Newport Beach Zoning Code, Title 20 October 2010 TOC Part 4 Standards for Specific Land Uses Chapter 20.48 — Standards for Specific Land Uses ...................................... ............................... 4 -3 20.48.010 — Purpose ......................................................................................... ............................4 -3 20.48.020 — Adult- Oriented Businesses ............................................................. ............................4 -3 20.48.030 — Alcohol Sales ................................................................................. ............................4 -4 20.48.040 — Animal- Keeping .............................................................................. ............................4 -8 20.48.050 — Animal Sales and Services ............................................................ ...........................4 -10 20.48.060 — Bed and Breakfast Inns ................................................................. ...........................4 -11 20.48.070 — Day Care Facilities (Adult and Child) ............................................. ...........................4 -12 20.48.080 — Drive - Through and Drive -Up Facilities ........................................... ...........................4 -13 20.48.090 — Eating and Drinking Establishments .............................................. ...........................4 -14 20.48. 100 — Emergency Shelters ...................................................................... ...........................4 -18 20.48.110 — Home Occupations ........................................................................ ...........................4 -20 20.48.120 — Massage Establishments and Services ......................................... ...........................4 -21 20.48.130 — Mixed -Use Projects ....................................................................... ...........................4 -22 20.48.140 — Outdoor Storage, Display, and Activities ....................................... ...........................4 -24 20.48.150 — Personal Property Sales in Residential Districts ............................ ...........................4 -26 20.48.160 — Recycling Facilities ........................................................................ ...........................4 -26 20.48.170 — Residential Care Facilities ............................................................. ...........................4 -27 20.48.180 — Residential Development Standards and Design Criteria . ........................................ 4 -29 20.48.190 — Satellite Antennas and Amateur Radio Facilities ........................... ...........................4 -31 20.48.200 — Senior Accessory Dwelling Units ................................................... ...........................4 -34 20.48.210 —Service Stations ............................................................................ ...........................4 -35 20.48.220 — Time Share Facilities ..................................................................... ...........................4 -41 Part 5 Planning Permit Procedures Chapter 20.50 — Permit Application Filing and Processing ......................... ............................... 5 -3 20.50.010 — Purpose ......................................................................................... ............................5 -3 20.50.020 — Authority for Land Use and Zoning Decisions ................................. ............................5 -3 20.50.030 — Multiple Permit Applications ........................................................... ............................5 -3 20.50.040 — Application Preparation and Filing .................................................. ............................5 -5 20.50.050 — Application Fees ............................................................................. ............................5 -5 20.50.060 — Initial Application Review ................................................................ ............................5 -6 20.50.070 — Project Evaluation and Staff Reports ....................................... ........................ ........... 5 -7 20.50.080 — Environmental Review .................................................................... ............................5 -7 Chapter 20.52 — Permit Review Procedures .................................................. ............................... 5 -9 20.52.010 — Purpose ......................................................................................... ............................5 -9 October 2010 Newport Beach Zoning Code, Title 20 TOC Purpose and Applicability of the Zoning Code 20.52.020 — Conditional Use Permits and Minor Use Permits ............................ ............................5 -9 20.52.030 — Conditional Use Permits in Residential Zoning Districts ................................. .......... 5 -11 20.52.040 — Limited Term Permits ...................................................... ............ ....... ...................... 5 -16 20.52.050 — Modification Permits .............................................................. ................................... 5 -21 20.52.060 — Planned Development Permits ...................................................... ...........................5 -24 20.52.070 — Reasonable Accommodations ....................................................... ...........................5 -26 20.52.080 — Site Development Reviews ........................................................... ...........................5 -31 20.52.090 — Variances ...................................................................................... ...........................5 -35 20.52. 100 —Zoning Clearances ........................................................................ ...........................5 -37 Chapter 20.54 — Permit Implementation, Time Limits, and Extensions .... ............................... 5 -39 20.54.010 — Purpose ........................................................................................ ...........................5 -39 20.54.020 — Use of Property ............................................................................. ...........................5 -39 20.54.030 — Effective Date of Permits ............................................................... ...........................5 -39 20.54.040 — Applications Deemed Approved .................................................... ...........................5 -39 20.54.050 — Performance Guarantees .............................................................. ...........................5 -40 20.54.060 — Time Limits and Extensions .......................................................... ...........................5 -40 20.54.070 — Changes to an Approved Project ................................................... ...........................5 -42 20.54.080 — Resubmittals ................................................................................. ...........................5 -43 20.54.090 — Covenants ..................................................................................... ...........................5 -43 Chapter 20.56 — Planned Community District Procedures ........................ ............................... 545 20.56.010 — Purpose ........................................................................................ ...........................5 -45 20.56.020 —Area Requirements ....................................................................... ...........................5 -45 20.56.030 — PC District - Land Use Regulations ............................................... ...........................5 -46 20.56.040 — PC District - Property Development Regulations ........................... ...........................5 -46 20.56.050 —Application Procedures ................................................................. ...........................5 -46 20.56.060— Zoning Map Designator ................................................................. ...........................5 -49 Chapter 20.58 — Specific Plan Procedures .................................................. ............................... 5 -51 20.58.010 — Purpose ........................................................................................ ...........................5 -51 20.58.020 — Intent ............................................................................................. ...........................5 -51 20.58.030 — Applicability ................................................................................... ...........................5 -51 20.58.040 — Initiation and Presubmittal of Specific Plans .................................. ...........................5 -52 20.58.050 — Application Filing and Initial Review .............................................. ...........................5 -52 20.58.060 — Preparation and Content ............................................................... ...........................5 -53 20.58.070 — Application Processing .................................................................. ...........................5 -53 20.58.080 — Adoption of Specific Plan .............................................................. ...........................5 -54 20.58.090 — Amendments ................................................................................. ...........................5 -54 Newport Beach Zoning Code, Title 20 October 2010 TOC Part 6 Zoning Code Administration Chapter 20.60 — Administrative Responsibility ............................................ ............................... 6 -3 20.60.010 — Purpose ......................................................................................... ............................6 -3 20.60.020 — City Council .................................................................................... ............................6 -3 20.60.030 — Planning Commission ..................................................................... ............................6 -3 20.60.040 — Hearing Officer ............................................................................... ............................6 -4 20.60.050 — Zoning Administrator ...................................................................... ............................6 -5 20.60.060 — Planning Director ............................................................................ ............................6 -5 Chapter 20.62 — Public Hearings ................................................................... ............................... 6 -7 20.62.010 — Purpose ......................................................................................... ............................6 -7 20.62.020 — Notice of Public Hearing ................................................................. ............................6 -7 20.62.030 — Hearing Procedure ......................................................................... ............................6 -9 20.62.040 — Decision ......................................................................................... ............................6 -9 Chapter20.64 — Appeals .............................................................................. ............................... 6 -11 20.64.010 — Purpose ........................................................................................ ...........................6 -11 20.64.020 — Appeals ......................................................................................... ...........................6 -11 20.64.030 — Filing and Processing of Appeals .................................................. ...........................6 -11 20.64.040 — Judicial Review of City Decision .................................................... ...........................6 -13 Chapter 20.66 — Amendments ...................................................................... ............................... 6 -15 20.66.010 — Purpose ........................................................................................ ...........................6 -15 20.66.020 — Initiation of Amendment ................................................................. ...........................6 -15 20.66.030 — Processing, Notice, and Hearing ................................................... ...........................6 -15 20.66.040 — Commission Recommendation ...................................................... ...........................6 -16 20.66.050 — Council Decision ........................................................................... ...........................6 -16 20.66.060 — Prezoning — Annexations .............................................................. ...........................6 -16 20.66.070 — Effective Dates .............................................................................. ...........................6 -17 Chapter 20.68 — Enforcement ....................................................................... ............................... 6 -19 20.68.010 — Purpose ........................................................................................ ...........................6 -19 20.68.020 — Permits and Approvals .................................................................. ...........................6 -19 20.68.030 — Inspections .................................................................................... ...........................6 -19 20.68.040 — Initial Enforcement Action .............................................................. ...........................6 -20 20.68.050 — Legal Remedies ............................................................................ ...........................6 -20 20.68.060 — Additional Permit Fees .................................................................. ...........................6 -21 20.68.070 — Reinspection Fees ........................................................................ ...........................6 -22 October 2010 Newport Beach Zoning Code, Title 20 TOC Purpose and Applicability of the Zoning Code Part 7 Definitions Chapter 20.70 — Definitions ............................................................................ ............................... 7 -3 20.70.010 — Purpose of Part .............................................................................. ............................7 -3 20.70.020 — Definitions of Specialized Terms and Phrases ............................... ............................7 -3 „A„ Definitions .................................................................................................... ............................7 -3 °B" Definitions ................................................................................................... ...........................7 -10 "C„ Definitions ................................................................................................... ...........................7 -12 "D" Definitions ................................................................................................... ...........................7 -15 "E„ Definitions ................................................................................................... ...........................7 -19 °F" Definitions ................................................................................................... ...........................7 -22 °G" Definitions ................................................................................................... ...........................7 -24 "H„ Definitions ................................................................................................... ...........................7 -25 °I° Definitions .................................................................................................... ...........................7 -26 "J„ Definitions .................................................................................................... ...........................7 -27 "K„ Definitions ................................................................................................... ...........................7 -27 "L„ Definitions ................................................................................................... ...........................7 -27 "M" Definitions .................................................................................................. ...........................7 -30 "N„ Definitions ............................................................. . ........... . ........... . ........... . ........... . ................ 7 -33 ,<Q„ Definitions ................................................................................................... ...........................7 -35 "P„ Definitions ................................................................................................... ...........................7 -36 "Q„ Definitions ................................................................................................... ...........................7 -40 "R" Definitions ................................................................................................... ...........................7 -40 "S" Definitions ................................................................................................... ...........................7 -44 "T" Definitions ................................................................................................... ...........................7 -48 "U„ Definitions ................................................................................................... ...........................7 -49 "V" Definitions ................................................................................................... ...........................7 -50 "W„ Definitions .................................................................................................. ...........................7 -53 "X„ Definitions ................................................................................................... ...........................7 -53 "Y„ Definitions ................................................................................................... ...........................7 -53 °Z" Definitions ................................................................................................... ...........................7 -54 S� Newport Beach Zoning Code, Title 20 October 2010 Part 8 Maps Area Maps (Referenced in various Chapters /Sections) A -1 Balboa Island (Includes Little Balboa Island) A -2 Balboa Peninsula A -3 Buck Gully A -4 Corona del Mar A -5 Lido Marina Village /Mariner's Mile A -6 West Newport Bluff Overlay, Development Area Maps (Section 20.28.040) B Bluff Overlay Index Map B -1 Kings Place B -2 Irvine Terrace - Dolphin Terrace B -3 Irvine Terrace - Bayadere Terrace B -4 Avocado Avenue /Pacific Drive B -5 Carnation Avenue B -6 Ocean Boulevard /Breakers Drive B -7 Shorecliffs B -8 Cameo Shores Height Limit Areas (Subsection 20.30.060.C.2) H -1 High Rise and Shoreline Height Limit Areas Setback Maps (Section 20.18.030, Tables 2 -2 and 2 -3) Part 9 Specific Plans Chapter 20.90 — Santa Ana Heights Specific Plan .. ............................... 20.90.010 — Establishment of Specific Plan District - Santa Ana Heights 20.90.015 — Purpose ............................................... ............................... 20.90.020 — Design Guidelines ................................ ............................... 20.90.025 — Land Use Regulations .......................... ............................... 20.90.030 — Open Space and Recreation District: SP -7 (OSR) ............... 20.90.035 — Residential Equestrian District: SP -7 (REQ) ........................ 20.90.037 — Residential Kennel District: SP -7 ( RK) . ............................... 20.90.040 — Residential Single Family District: SP -7 (RSF) .................... 20.90.042 — Residential Multiple Family District: SP -7 (RMF) ................. 20.90.044 — Horticultural Nursery District: SP -7 ( HN ) .............................. TOC October 2010 Newport Beach Zoning Code, Title 20 TOC Purpose and Applicability of the Zoning Code 20.90.045 — General Commercial District: SP -7 (GC) ....................................... ...........................9 -51 20.90.050 — Business Park District: SP -7 ( BP) .................................................. ...........................9 -57 20.90.055 — Professional and Administrative Office District: SP -7 (PA) ............ ...........................9 -64 20.90.060 — Professional, Administrative & Commercial Consolidation Dist.: SP -7 (PACC) ......... 9 -67 20.90.065 — Planned Development Combining District: (PD) ............................ ...........................9 -68 20.90.070 — Commercial Stable Overlay District: (S) ........................................ ...........................9 -70 20.90.071 — Fire Facility Overlay District: (FF) .................................................. ...........................9 -71 20.90.072 — Commercial Nursery Overlay District: ( N) ...................................... ...........................9 -73 20.90.073 — Public Improvements ..................................................................... ...........................9 -73 20.90.080 — Discretionary Review and Amendments . ......... ............ ............ ............ ............ ......... 9 -83 Chapter 20.91 — Reserved for future Specific Plan ..................................... ............................... 9 -85 Chapter 20.92 — Reserved for future Specific Plan ..................................... ............................... 9 -87 Newport Beach Zoning Code, Title 20 October 2010 TOC Tables Table 1 -1 Zoning Districts Implementing the General Plan ............................... ...........................1 -11 Table 2 -1 Allowed Uses and Permit Requirements ............................................ ............................2 -8 Table 2 -2 Development Standards for Single -Unit Residential Zoning Districts . ............................2 -9 Table 2 -3 Development Standards for Two -Unit and Multi -Unit Residential Zoning Districts ........ 2 -12 Table 2 -3 Development Standards for Two -Unit and Multi -Unit Residential Zoning Districts ........ 2 -15 Table 2 -4 Allowed Uses and Permit Requirements ........................................... ...........................2 -20 Table 2 -5 Allowed Uses and Permit Requirements ........................................... ...........................2 -23 Table 2 -6 Development Standards for Commercial Office Zoning Districts ....... ...........................2 -27 Table 2 -7 Development Standards for Commercial Retail Zoning Districts ....... ...........................2 -29 Table 2 -8 Allowed Uses and Permit Requirements ........................................... ...........................2 -32 Table 2 -9 Allowed Uses and Permit Requirements ........................................... ...........................2 -37 Table 2 -10 Development Standards for Vertical and Horizontal Mixed -Use Zoning Districts ....... 2 -41 Table 2 -11 Development Standards for Waterfront Mixed -Use Zoning Districts ...........................2 -44 Table 2 -12 Allowed Uses and Permit Requirements ......................................... ...........................2 -48 Table 2 -13 Development Standards for Industrial Zoning District ...................... ...........................2 -51 Table 2 -14 Allowed Uses and Permit Requirements ......................................... ...........................2 -55 Table 2 -15 Development Standards for Public Institutional Zoning District ........ ...........................2 -57 Table 3 -1 Maximum Height of Fences, Hedges, and Walls .............................. ............................3 -7 Table 3 -2 Significant Noise Increase ............................................................... ...........................3 -21 Table3 -3 Encroachments ............................................................................... ...........................3 -28 Table 3 -4 Multi -Unit Development Minimum Common Storage Areas Required (Sq. Ft.) ........... 3 -31 Table 3 -5 Nonresidential Structures Minimum Storage Areas Required (Sq. Ft) ........................3 -31 Table3 -6 Very Low - Income ............................................................................ ...........................3 -36 Table3 -7 Low - Income .................................................................................... ...........................3 -37 Table 3 -8 Moderate - Income ............................................................................ ...........................3 -38 Table3 -9 Very Low - Income ............................................................................ ...........................3 -39 Table 3 -10 Off - Street Parking Requirements .................................................... ...........................3 -75 Table 3 -11 Parking Setback from Alley ............................................................. ...........................3 -81 Table 3 -12 Minimum Standard Parking Space Size .......................................... ...........................3 -82 Table 3 -13 Standard Vehicle Space Requirements ........................................... ...........................3 -82 Table 3 -14 Minimum Interior Dimensions .......................................................... ...........................3 -87 Table 3 -15 Signs Allowed in Residential Zoning Districts ............................. ..............................3 -107 Table 3 -16 Signs Allowed in Commercial and Industrial Zoning Districts ..... ..............................3 -108 Table 3 -17 Signs Allowed in OS, PI, PR, and PF Zoning Districts ............... . .................... .......... 3 -110 Table 3 -18 Temporary Signs ........................................................................ ..............................3 -124 Table 4 -1 Animal- Keeping Standards ................................................................ ............................4 -8 Table 4 -2 Required Setbacks for Structures Housing Domestic Farm Animals .. ............................4 -9 Table5 -1 Review Authority ............................................................................... ............................5 -4 Table 5 -2 Review Authority for Site Development Reviews ............................... ...........................5 -33 October 2010 Newport Beach Zoning Code, Title 20 TOC Purpose and Applicability of the Zoning Code Exhibits EXHIBIT 20.90 -1: LAND USE MAP ..................................................................... ............................... 9 -5 EXHIBIT 20.90 -2: LANDSCAPE PLAN /BUFFER DIAGRAM .............................. ............................... 9 -11 EXHIBIT 20.90 -3: TYPICAL SECTION -- ACACIA STREET .............................. ............................... 9 -13 EXHIBIT 20.90 -4: TYPICAL SECTION -- BIRCH STREET AND MESA DRIVE (W. of Birch) ........... 9 -15 EXHIBIT 20.90 -5: TYPICAL SECTION — ORCHARD DRIVE (In Business Park District) .................. 9 -16 EXHIBIT 20.90 -6: TYPICAL SECTION — CYPRESS STREET AND MESA DRIVE (E. of Birch St.).. 9 -19 EXHIBIT 20.90 -7: RESIDENTIAL EQUESTRIAN BUFFER DESIGN ................. ............................... 9 -27 EXHIBIT 20.90 -8: BUSINESS PARK PARKING LOT LANDSCAPE DESIGN CONCEPTS .............. 9 -29 EXHIBIT 20.90 -9: RECREATION IMPROVEMENT PLAN ................................. ............................... 9 -81 Newport Beach Zoning Code, Title 20 October 2010 TOC — This page intentionally left blank — October 2010 Newport Beach Zoning Code, Title 20 Part 1 Zoning Code Applicability Table of Contents Chapter 20.10 — Purpose and Applicability of the Zoning Code .............. ............................1 -3 20.10. 010 — Title ........................................................................................ ............................1 -3 20.10.020 — Purpose .................................................................................. ............................1 -3 20.10.030 — Authority, Relationship to General Plan ................................. ............................1 -3 20.10.040 — Applicability of Zoning Code .............. ............ ... ..... ............................................. 1 -3 20.10.050 — Responsibility for Administration ............................................ ............................1 -5 Chapter 20.12 — Interpretation of Zoning Code Provisions ...................... ............................1 -7 20.12.010 — Purpose .................................................................................. ............................1 -7 20.12.020 — Rules of Interpretation ............................................................ ............................1 -7 Chapter20.14 —Zoning Map ...................................................................... ...........................1 -11 20.14.010 —Zoning Map Adopted by Reference ...................................... ...........................1 -11 20.14.020 — Zoning Districts Established ................ .................... ........................................ .1 -11 20.14.030 — Zoning District Symbols ........................................................ ...........................1 -12 Tables Table 1 -1 Zoning Districts Implementing the General Plan ....................... ...........................1 -11 October 2010 Newport Beach Zoning Code, Title 20 Part 1 — Zonina Code — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.10 — Purpose and Applicability of the Zoning Code Sections: 20.10.010 — Title 20.10.020 — Purpose 20.10.030 — Authority, Relationship to General Plan 20.10.040 — Applicability of Zoning Code 20.10.050 — Responsibility for Administration 20.10.010 — Title This title shall be known as the "City of Newport Beach Zoning Code" and referred to as the "Zoning Code." 20.10.020 — Purpose This Zoning Code is intended to carry out the policies of the City of Newport Beach General Plan. It is also the intent of this Zoning Code to promote the orderly development of the City; promote and protect the public health, safety, peace, comfort, and general welfare; protect the character, social, and economic vitality of neighborhoods; and to ensure the beneficial development of the City. 20.10.030 — Authority, Relationship to General Plan A. Authority. The regulations within this Zoning Code are enacted based on the authority vested in the City of Newport Beach by the State of California and Section 200 of the City Charter. B Consistency with General Plan. This Zoning Code is the primary tool used by the City to carry out the goals, objectives, and policies of the General Plan. It is intended that all provisions of this Zoning Code be consistent with the General Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with the General Plan. 20.10.040 — Applicability of Zoning Code This Zoning Code applies to all construction, land uses, subdivisions, and development within the City of Newport Beach, as provided by this Section. A. Compliance required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as allowed by this Zoning Code. The City Council may exempt specific City implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific Code provisions that would apply in the absence of the exemption. October 2010 Newport Beach Zoning Code, Title 20 20.10 Purpose and Applicability of the Zoning Code B. Issuance of permits. Building and or grading permits shall not be issued for any structure until all other applicable permits have become effective in compliance with Section 20.54.030 (Effective Date of Permits). C. Minimum Requirements. The provisions of this Zoning Code shall be considered the minimum requirements for the promotion of the public health, safety, and general welfare except for any discretionary approval. When this Zoning Code provides for discretion on the part of a review authority, the discretion may be exercised to impose more or less stringent requirements than required by this Zoning Code and may allow deviations from the requirements in order to promote orderly land use and development, environmental resource protection, and the other purposes of this Zoning Code. D. Agreements, covenants, easements, laws, permits, and regulations. Effect on agreements, covenants, and easements. It is not intended by the adoption of this Zoning Code to interfere with, abrogate, annul, or repeal any agreement, covenant (e.g., CC &Rs), easement, parties. However, if this Zoning Code imposes imposed or required by other private agreements, provisions of this Zoning Code shall control. TI private agreement, covenant, or restriction unless covenant, or restriction. :)r restriction between private greater restrictions than are covenants, or easements, the e City shall not enforce any it is a party to the agreement, 2. Effect on municipal laws, policies, and regulations. It is not intended by the adoption of this Zoning Code to repeal, impair, or interfere with other provisions of law of the City, or any policy, regulation, or rule for the alteration, construction, erection, or establishment of land uses or structures. E. Subdivisions. A proposed subdivision of land within the City after the effective date of this Zoning Code shall be in compliance with the parcel size requirements of Part 2 (Zoning Districts and Allowable Land Uses, and Zoning District Standards), other applicable requirements of this Zoning Code, and Title 19 (Subdivisions) of the Municipal Code. F. Other permits may be required. Nothing in this Zoning Code eliminates the need for obtaining other permits required by the City; regulations of a special district or agency; or regulations of a State or Federal agency. G. Other applicable provisions. Where this Zoning Code requires compliance with "other applicable provisions', they shall be in addition to the requirements of this Zoning Code. Other applicable provisions may include, but are not limited to, annexation agreements, development agreements, specific plans, adopted criteria /guidelines, City policies, and /or State and Federal regulations. H. State and Federal law requirements. Where this Zoning Code refers to provisions of State or Federal law, the references shall be interpreted to be to the applicable State or Federal law provisions as they may be amended from time to time. Newport Beach Zoning Code, Title 20 October 2010 Purpose and Applicability of the Zoning Code 20.10.050 — Responsibility for Administration 20.10 A. Responsible authority. This Zoning Code shall be administered by: Newport Beach City Council, hereafter referred to as the "Council;" the Planning Commission, hereafter referred to as the "Commission ;" the Planning Director, hereafter referred to as the "Director ;" the Zoning Administrator; and the Planning Department, hereafter referred to as the 'Department', and any other City official or body as specifically identified. B. Exercise of discretion. In the event that a provision of this Zoning Code or a condition of approval allows the review authority to exercise judgment in the application of a specific development standard or condition of approval the review shall include an analysis as to whether: The proposed project complies with all applicable provisions of this Zoning Code; 2. The exercise of authority will act to ensure the compatibility of the proposed project with its site and surrounding properties; 3. The manner in which authority is exercised will result in a more practical application of the provisions of this Zoning Code given specific characteristics of the site and its surroundings; and 4. The decision is consistent with the General Plan, any applicable specific plan, or any other applicable regulation or standard. October 2010 Newport Beach Zoning Code, Title 20 20.10 Purpose and Applicability of the Zoning Code — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.12 — Interpretation of Zoning Code Provisions Sections: 20.12.010 — Purpose 20.12.020 — Rules of Interpretation 20.12.010 — Purpose This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the requirements of this Zoning Code. 20.12.020 — Rules of Interpretation A. Authority. The Director has the authority to interpret the meaning of provisions of this Zoning Code, including maps, and to apply and /or enforce the Zoning Code. The Director may also refer any interpretation to the Commission for input or a determination. An interpretation made by the Director may be appealed to the Commission in compliance with Chapter 20.64 (Appeals). B. Language. When used in this Zoning Code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the common meaning of the word indicates otherwise. The words "includes" and "including" shall mean "including, but not limited to." C. Calculations. Residential density. When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number. For example, where a residential zoning district requires a minimum site area per dwelling unit of 1,500 square feet; a site of 10,000 square feet would be allowed 6 dwelling units. Example: 10,000 sq. ft. site area / 1,500 sq. ft. per unit = 6.66 dwelling units This would be rounded down to 6 dwelling units 2. Other calculations. For calculations other than residential density, the fractional /decimal results of calculations shall be rounded to the next highest whole number unless otherwise specified. 3. Time limits. Whenever a number of days is specified in this Zoning Code, or in a permit, condition of approval, or notice provided in compliance with this Zoning Code, the number of days shall be construed as calendar days unless otherwise specified. Where the last of the specified number of days falls on a weekend, holiday, or other day the City is not open for business, the time limit shall extend to 5:00 p.m. on the following business day. October 2010 Newport Beach Zoning Code, Title 20 20.12 D. Conflicting requirements. of Zonina Code Provisions Zoning Code and other Municipal Code provisions. If conflicts occur between requirements of this Zoning Code, or between this Zoning Code and other provisions of the Newport Beach Municipal Code, or other adopted regulations of the City, the more restrictive provision shall prevail. 2. Agreements, planned communities, or specific plans. If conflicts occur between the requirements of this Zoning Code and standards adopted as part of a planned community development plan, development agreement, specific plan, or annexation agreement, the requirements of the planned community development plan, development agreement, specific plan, or annexation agreement shall prevail unless otherwise provided in the planned community document plan, development agreement, specific plan, or annexation agreement. 3. Zoning map, setback maps, development area maps, and development standards. If a conflict occurs between a requirement of the zoning map, setback maps, or development area maps and any development standard of the Zoning Code, the requirement of the zoning map, setback maps, or development area maps shall prevail. E. Unlisted uses of land. If a proposed use of land is not specifically listed in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards), the use shall not be allowed, except as provided below. Director's interpretation. The Director may determine that a proposed land use that is not listed in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) may be allowed if the following findings can be made: a. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than the uses listed in the zoning district; b. The proposed use will meet the purpose /intent of the zoning district that is applied to the location of the use; C. The proposed use will be consistent with the goals, objectives, and policies of the General Plan, or any applicable specific plan; d. The proposed use is not listed as allowable in another zoning district; and e. The proposed use is not a prohibited or illegal use. 2. Applicable standards and permit requirements. When the Director determines that a proposed but unlisted land use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply. Newport Beach Zoning Code, Title 20 October 2010 of Zonina Code Provisions F. Zoning Map boundaries. If there is boundary shown on the official Zoning the boundary in the following manner: 20.12 uncertainty about the location of a zoning district Map, the Director shall determine the location of Where a district or area boundary approximately follows a lot line, street or alley line, the lot line, street centerline, or alley centerline shall be construed as the district boundary; 2. Where a district or area boundary divides a lot and the boundary line location is not specified by distances indicated on the subject map, the location of the boundary shall be determined by using the scale appearing on the map; 3. Where a public street or alley, or a portion thereof, is officially vacated or abandoned, the property that was formerly in the street or alley shall be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley; 4. Where a district or area boundary approximately follows the shoreline of the Pacific Ocean, the boundary shall be construed to follow the mean high tide line; or 5. Where a district or area boundary approximately follows the waterfront of Newport Bay, the boundary shall be construed to follow the bulkhead line. G. Illustrations. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in the Zoning Code, the text shall control. H. Use of headings. The headings of the Chapters, Sections, and Subsections of this Zoning Code, together with the accompanying examples and explanatory notes, are inserted as a matter of convenience and are not intended to define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions. October 2010 Newport Beach Zoning Code, Title 20 20.12 — This page intentionally left blank — of Zonino Code Provisions i Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.14 — Zoning Map Sections: 20.14.010 — Zoning Map Adopted by Reference 20.14.020 —Zoning Districts Established 20.14.030 — Zoning District Symbols 20.14.010 —Zoning Map Adopted by Reference The boundaries, designations, and locations of the zoning districts established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for the City of Newport Beach, California ". Any additional maps as may be subsequently adopted or amended shall also be a part of this Zoning Code by reference. 20.14.020 —Zoning Districts Established The City of Newport Beach shall be divided into zoning districts that implement the General Plan Land Use Plan. The zoning districts shown in Table 1 -1 are hereby established, and shall be shown on the Zoning Map. TABLE 1 -1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map Zoning Districts General Plan Land Use Designations Symbol Districts Implemented by Zoning Districts Residential Zoning R -A R -1 R -1 -6,000 Single -Unit Residential Detached RS -D Single -Unit Residential Detached R -1 -7,200 R -1- 10,000 R -BI R -2 Two -Unit Residential RT Two -Unit Residential R -2 -6,000 RM RM -6,000 Multi -Unit Residential RM Multiple -Unit Residential RMD RMD Multiple -Unit Residential Detached Commercial Zoning Districts OA Office - Airport AO Airport Office and Supporting Uses OG Office - General Commercial CO -G General Commercial Office OM Office - Medical Commercial COW Medical Commercial Office October 2010 Newport Beach Zoning Code, Title 20 20.14 TABLE 1 -1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map Zoning Map Zoning Districts General Plan Land Use Designations Symbol Implemented by Zoning Districts OR Office - Regional Commercial CO -R Regional Commercial Office CC Commercial Corridor CC Corridor Commercial CG Commercial General CG General Commercial CM Commercial Recreational and Marine CM Recreational and Marine Commercial CN Commercial Neighborhood CN Neighborhood Commercial CV Commercial Visitor - Serving CV Visitor Serving Commercial Mixed -Use Districts MU -V Mixed Use Vertical MU -V Mixed Use Vertical MU -MM MU -DW h Mixed Use MU -H Mixed Use MU -CV /15 Street MU -W1 MU -W2 Mixed Use Water MU -W Mixed Use Water Related Zoning Industrial Districts IG Industrial IG Districts Industrial Special .. OS Open Space OS Open Space PC Planned Community All designations PF Public Facilities PF Public Facilities PI Private Institutions PI Private Institutions PR Parks and Recreation PR Parks and Recreation Overlay MHP Mobile Home Park RM Multiple -Unit Residential PM Parking Management All designations B Bluff All designations 20.14.030 — Zoning District Symbols In addition to the zoning district designations established under Section 20.14.020 (Zoning Districts Established) and the related development standards established in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) symbols are established on the Zoning Map for the purpose of designating floor area ratio limits for nonresidential uses and density limits or the actual number of allowed units for residential uses. When these symbols Newport Beach Zoning Code, Title 20 October 2010 20.14 are placed on the Zoning Map, the floor area ratios, dwelling unit limits or residential densities (minimums and maximums) as indicated shall apply. In addition, individual locations /sites /lots are identified on the Zoning Map by a number symbol where specific development limits and restrictions apply. These development limits /restrictions shall apply in addition to those provided in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). The symbols and limits shall be shown in the following manner: A. Nonresidential districts. A number following the district symbol shall designate the maximum floor area ratio allowed for the nonresidential area designated. Example: CG 0.5 B. Residential districts. A number following the district symbol designates the minimum site area required per dwelling unit if the requirement differs from the district standard minimum. Example: RM (2178) 2. Two numbers following the district symbol indicates that both the minimum and maximum number of dwelling units is regulated. The first number designates the site area used to calculate the minimum number of units required. The second number designates the site area to be used to calculate the maximum number of dwelling units allowed. Example: RM (3100/2420) 3. A number followed by the DU symbol indicates the maximum number of dwelling units allowed for the area designated. Where two numbers are shown, the first represents the maximum number of units allowed, the second represents the minimum number of units required. Examples: RM 50 DU RM 388/300 DU C. Mixed use districts. Allowed residential densities and floor area ratios for nonresidential structures in mixed use districts are not indicated on the Zoning Map, but are provided in the development standards tables for mixed use districts in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). D. Anomaly locations. Anomaly locations shall be designated on the Zoning Map with a reference number that coincides with an Anomaly Table included on the Zoning Map. E. Planned Communities (PC). Each PC District shall be shown on the Zoning Map with a "PC designator along with a sequential reference number. October 2010 Newport Beach Zoning Code, Title 20 20.14 Zoni — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Part 2 Zoning Districts, Allowable Land Uses, and Zoning District Standards Table of Contents Chapter 20.16 — Development and Land Use Approval Requirements ... ............................2 -3 20.16.010 — Purpose .................................................................................. ............................2 -3 20.16.020 — General Requirements for Development and New Land Uses ..........................2 -3 20.16.030 — Allowable Land Uses and Planning Permit Requirements ..... ............................2 -4 20.16.040 — Short Term Uses and Structures ............................................ ............................2 -5 20.16.050 — Special Events ....................................................................... ............................2 -5 20.16.060 — Additional Permits and Approvals may be Required .............. ............................2 -5 Chapter 20.18 — Residential Zoning Districts [R -A, R -1, R -BI, R -2, RM, RMD] ...................2 -7 20.18.010 — Purposes of Residential Zoning Districts ................................................. .......... 2 -7 20.18.020 — Residential Zoning Districts Land Uses and Permit Requirements ....................2 -7 20.18.030 — Residential Zoning Districts General Development Standards ..........................2 -9 Chapter 20.20 — Commercial Zoning Districts [OA, OG, OM, OR, CC, CG, CM, CN, CV].2 -19 20.20.010 — Purposes of Commercial Zoning Districts ............................. ...........................2 -19 20.20.020 — Commercial Zoning Districts Land Uses and Permit Requirements ................2 -20 20.20.030 — Commercial Zoning Districts General Development Standards .......................2 -26 Chapter 20.22 — Mixed -Use Zoning Districts [MU -V, MU -MM, MU -DW, MU -CV 115th St, MU- W1, MU- W2] ................................................................................................. ...........................2 -31 20.22.010 — Purposes of Mixed -Use Zoning Districts ............................... ...........................2 -31 20.22.020 — Mixed -Use Zoning Districts Land Uses and Permit Requirements ..................2 -32 20.22.030 — Mixed -Use Zoning Districts General Development Standards .........................2 -41 Chapter 20.24 — Industrial Zoning District [ IG] .......... ............................... ...........................2 -47 20.24.010 — Purposes of Industrial Zoning District ................................... ...........................2 -47 20.24.020 — Industrial Zoning District Land Uses and Permit Requirements .......................2 -47 20.24.030 — Industrial Zoning Districts General Development Standards ...........................2 -51 Chapter 20.26 — Special Purpose Zoning Districts [OS, PC, PF, PI, and PR] ...................2 -53 20.26.010 — Purposes of Special Purpose Zoning Districts ...................... ...........................2 -53 20.26.020 — Special Purpose Zoning Districts Land Uses and Permit Requirements .........2 -54 20.26.030 — Special Purpose Zoning Districts General Development Standards ................2 -56 Chapter 20.28 — Overlay Zoning Districts [MHP, PM, B, and C] .............. ...........................2 -59 20.28.010 —Purposes of Overlay Zoning Districts .................................... ...........................2 -59 20.28.020 — Mobile Home Park (MHP) Overlay Zoning District ................ ...........................2 -59 20.28.030 — Parking Management (PM) Overlay District .......................... ...........................2 -60 20.28.040 — Bluff (B) Overlay District ........................................................ ...........................2 -61 20.28.050 — Reserved ............................................................................... ...........................2 -68 October 2010 Newport Beach Zoning Code, Title 20 Part 2 ; Zoning Districts, Allowable Land Uses, and Zoning District Standards Tables Table 2 -1 Allowed Uses and Permit Requirements ................................... ............................... Table 2 -2 Development Standards for Single -Unit Residential Zoning Districts ....................... Table 2 -3 Development Standards for Two -Unit and Multi -Unit Residential Zoning Districts... Table 2 -3 Development Standards for Two -Unit and Multi -Unit Residential Zoning Districts... Table 2 -4 Allowed Uses and Permit Requirements ................................... ............................... Table 2 -5 Allowed Uses and Permit Requirements ................................... ............................... Table 2 -6 Development Standards for Commercial Office Zoning Districts .............................. Table 2 -7 Development Standards for Commercial Retail Zoning Districts .............................. Table 2 -8 Allowed Uses and Permit Requirements ................................... ............................... Table 2 -9 Allowed Uses and Permit Requirements ................................... ............................... Table 2 -10 Development Standards for Vertical and Horizontal Mixed -Use Zoning Districts.. Table 2 -11 Development Standards for Waterfront Mixed -Use Zoning Districts ...................... Table 2 -12 Allowed Uses and Permit Requirements ................................. ............................... Table 2 -13 Development Standards for Industrial Zoning District ............. ............................... Table 2 -14 Allowed Uses and Permit Requirements ................................. ............................... .......2 -8 .......2 -9 .....2 -13 .....2 -15 .....2 -20 .....2 -23 .....2 -27 .....2 -29 .....2 -32 .....2 -37 .....2 -41 .....2 -44 .....2 -48 .....2 -51 .....2 -55 Table 2 -15 Development Standards for Public Institutional Zoning District ........ ...........................2 -57 Newport Beach Zoning Code, Title 20 October 2010 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 — Additional Permits and Approvals may be Required 20.16.010 — Purpose The purpose of this Part is to provide the general requirements of this Zoning Code for the approval of proposed development and land use activities. Land use requirements for specific land uses are established by this Part 2, Part 3 (Site Planning and Development Standards), and Part 4 (Standards for Specific Land 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 comply with this Zoning Code and the 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 a site. B. Permit requirements. Permits required by this Zoning Code shall be obtained before the proposed use is commenced or the project is constructed and any activities associated with the use are commenced, or otherwise established or 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 adopted by the City related to the use and development of land. D. Conditions of approval. Uses and /or structures shall comply with all conditions imposed by a previous permit and other regulatory approvals. Failure to comply with imposed conditions shall be grounds for revocation of the permit in compliance with Chapter 20.68 (Enforcement). October 2010 Newport Beach Zoning Code, Title 20 20.16 Development and Land Use Approval Requirements E. 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 on file with the Department shall apply when appropriate as determined by the applicable review authority. F. Reasonable Accommodations. The review authority may grant reasonable accommodations (adjustments) 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 20.52.070 (Reasonable Accommodations). G. Nonconforming uses and structures. Uses and structures that are determined to be nonconforming as to the requirements of this Zoning Code shall be subject to the requirements and limitations of Chapter 20.38 (Nonconforming Uses and Structures). 20.16.030 — Allowable Land Uses and Planning Permit Requirements A. Allowed land uses. 1. Permitted uses. Permitted subject to compliance with all applicable provisions of this Zoning Code, issuance of a Zoning Clearance (Section 20.52.100), and any Building Permit or other permit required by the Municipal Code. These are shown as "P" uses in the tables. 2. Conditional Use Permit required. Allowed subject to the approval of a Conditional Use Permit (Section 20.52.020) 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 in Residential Zoning Districts (Section 20.52.030) and shown as "CUP -HO" uses in the tables. 4. Minor Use Permit required. Allowed subject to the approval of a Minor Use Permit (Section 20.52.020), and shown as "MUP" uses in the tables. 5. Limited Term Permit. Allowed subject to the approval of a Limited Term Permit (Section 20. 52.040), and shown as "LTP" uses in the tables. 6. Site Development Review. Allowed subject to the approval of a Site Development Review (Section 20.52.080) for the types of projects listed in Table 5 -2 (Review Authority for Site Development Reviews). Zoning Clearance. A Zoning Clearance is required before the commencement of a use, a change of use, or before the City issues a Building Permit, Grading Permit, or other construction - related permit in compliance with Section 20.52.100. 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. Newport Beach Zoning Code, Title 20 October 2010 Development and Land Use Approval Requirements 20.16 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 20.52.040 (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 — 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 is commenced or the structure is constructed and any activities associated with the use are commenced, or otherwise established or 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. No land shall be used, no new use shall be established, and no structure shall be commenced until all necessary permits have been obtained, October 2010 Newport Beach Zoning Code, Title 20 20.16 Development and Land Use Approval Requirements — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.18 — Residential Zoning Districts [R -A, R -1, R -BI, 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 -A (Residential - Agricultural) Zoning District. The R -A zoning district is intended to provide for areas appropriate for detached single - family residential dwelling units and light farming uses, each located on a single legal lot, B. 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. C. R -BI (Two -Unit Residential, Balboa Island) The R -BI zoning district is intended to provide for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot on Balboa Island. D. R -2 (Two -Unit Residential) Zoning District. The R -2 zoning district is intended to provide for areas appropriate for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot. E. 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. F. RMD (Multiple Residential Detached) Zoning District. The RMD zoning district is intended to provide for areas appropriate for multi -unit residential developments exclusively containing detached dwelling units. 20.18.020 — Residential Zoning Districts Land Uses and Permit Requirements A. Allowed land uses. 1. 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). October 2010 Newport Beach Zoning Code, Title 20 20.18 Residential Zoninq Districts 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. The last column in the tables ( "Specific Use Regulations ") may include a reference to additional regulations that apply to the use. P P P P 20.48.110 Single -Unit Dwellings - Attached Residential Zoning Districts P 20.48.180 Permit Requirements ` TABLE 2 -1 P Permitted By -Right ALLOWED USES AND PERMIT CUP or Conditional Use Permit (20.52.020) REQUIREMENTS CUP -HO Use Permit in Residential Zoning Districts (20.52.030) P MUP Minor Use Permit (20.52.020 MUP MUP I — LTP Limited Term Permit (20.52.040) Visitor Accommodations, Residential - -- Not allowed ` Land Use R-BI RM Specific Use See Part 7 for land use definitions. R-A R -t" R -2 RMD Regulations See Chapter 20.12 for unlisted uses. Residential Uses Home Occupations P P P P 20.48.110 Single -Unit Dwellings - Attached - -- - -- P P 20.48.180 Single -Unit Dwellings - Detached P P P P 20.48.180 Multi -Unit Dwellings - -- - -- - -- P P Two -Unit Dwellings - -- - -- P P 20.48.180 Accessory Dwelling Units MUP MUP I — 20.48.070 Day Care, General Visitor Accommodations, Residential - -- CUP -HO Bed & Breakfast Inns Short Term Lodging - -- CUP -HO CUP -HO 20.48.060 - -- P P MC 5.95 Adult Day Care Small (6 or fewer) Large (7 to 14) P P P P 20.50.070 MUP MUP MUP MUP 20.50.070 Child Day Care Small (8 or fewer) P Large (9 to 14) MUP P P P 20.48.070 MUP MUP MUP 20.48.070 Day Care, General - -- CUP -HO CUP -HO Residential Care Facilities Limited (6 or fewer) Licensed Limited (6 or fewer) Unlicensed General (7 or more) Licensed General (7 or more) Unlicensed Integral Facilities /Integral Uses P P P P 20.48.170 - -- - -- - -- CUP -HO 20.48.170 - -- -- - -- CUP -HO 20.48.170 - -- - -- - -- CUP -HO 20.48.170 - -- — - -- CUP -HO 20.48.170 Parolee- Probationer Home - -- Newport Beach Zoning Code, Title 20 October 2010 Residential Zonina Districts 20.18 Other Uses Parking Facility MUP MUP MUP MUP Convalescent Facilities - -- CUP Corner lot Utilities, Minor P P P P Utilities, Major CUP CUP CUP CUP ft. Wireless Telecommunication Facilities See Municipal Code Chapter 15.70 Accessory Structures and Uses P P P P Animal Keeping P P P P 20.48.040 Personal Property Sales P P P P 20.48.150 Special Events See Municipal Code Chapter 11.03 Temporary Uses LTP LTP LTP I LTP 20.52.040 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 Chapter 20.12 (Interpretation of Zoning Code Provisions). Includes R -1- 6,000, R -1- 7,200, and R -1- 10,000 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 Additional Requirements Lot Dimensions Minimum dimensions required for each NEWLY CREATED lot. Lot Area (1) (2) Corner lot 87,120 sq. 6,000 sq. 6,000 sq. 7,200 sq. 10,000 sq. ft. ft. ft. ft. ft. Interior lot 87,120 sq. 5,000 sq. 6,000 sq. 7,200 sq. 10,000 sq. ft. ft. ft. ft. ft. Lot Width Corner lot 125 ft. 60 ft. 60 ft. 70 ft. 90 ft. Interior lot 125 ft. 50 ft. 60 ft. 70 ft. 90 ft. Lot Depth N/A N/A 80 ft. 90 ft. 100 ft. October 2010 Newport Beach Zoning Code, Title 20 20.18 Residential Zoning Districts TABLE 2 -2 DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL ZONING DISTRICTS Development R -A R -1 R -1 - R -1 - R -1 - Additional Feature 6,000 7,200 10,000 Requirements Density /intensity Each legal lot shall be allowed one single -unit detached dwelling. The distances below are minimum setbacks required for primary structures. See Section 20.30. 110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. The following setbacks shall Setbacks apply, unless different requirements are identified on the Setback Maps in which case the Setback Maps shall control. (See Part 8). Side and rear setback areas shown on the Setback Maps shall be considered front setback areas for the purpose of regulating accessory structures. Also refer to Section 20.48. 180 (Residential Develo ment Standards). Front: 20 ft. 20 ft. 20 ft. 20 ft. 15 ft. 20.30.110 20.48.180 Side (interior, each): Lots 40 ft. wide or 5 ft. 3 ft. (4) 6 ft. 5 ft. 10 ft. 20.30.110 less. 20.48.180 Lots wider than 40 5 ft. 4 ft. 6 ft. 5 ft. 10 ft. ft. Side (Street side): Lots 40 ft. wide or 5 ft. 3 ft. 6 ft. 5 ft 10 ft. 20.30.110 less. 20.48.180 Lots wider than 40 5 ft. 4 ft. 6 ft. 5 ft. 10 ft. ft. Rear 25 ft. 10 ft. 6 ft. 20 ft. 10 ft. Lots abutting a 10 ft. alley or Abutting Alley: less that are 10 ft. wide or less N/A 5 ft. N/A N/A N/A directly across the alley from 15 ft. wide or less N/A 5 ft. N/A N/A N/A the side yard of a lot abutting an 15-1" to 19' -11" N/A T -9" N/A N/A N/A alley shall provide a 20 ft. wide or more N/A 0 N/A N/A N/A setback for the first floor of at least 10 ft. from the alley. Bluff edge As provided in Section 20.28.040 (Bluff Overlay District). setback Bulkhead Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning setback district. Site Coverage Maximum percentage of the total lot area that may be covered by structures. N/A N/A 60% 60% 60% Lots 40 ft. wide or less 40% N/A 60% 60% 60% Newport Beach Zoning Code, Title 20 October 2010 Residential Zoning Districts 20.18 TABLE 2 -2 DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL ZONING DISTRICTS Development R -1 - R -1 - R -1 - Additional R -A R -1 ft. Feature 6,000 7,200 10,000 Requirements Lots wider than 40 ft. Floor Area Limit (gross floor area) Citywide N/A 2.0(5)(6) N/A Corona del Mar 1.5 (5)(6) Height (3) Maximum height of structures without discretionary approval. See Subsection 20.30.0603 Increase in eight Limit for possible increase in height limit. See Flat roof 24 ft. 24 ft. 24 ft. 35 ft. and 24 ft. 20.30.060.6.2 2 stories (Height Limit Areas) and Sloped roof; 29 ft. 29 ft. 29 ft. 40 ft. and 29 ft. 20.30.060. A Minimum 3/12 2 stories (Height of pitch structures and measurement Bluffs See Section 20.28.040 (Bluff Overlay District) Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Parking See Chapter 20.40 (Off - Street Parking). Satellite Antennae See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). Residential Development See Section 20.48.180 (Residential Development Standards). Standards Notes. (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). (2) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in Table 2 -2 in compliance with the provisions of Municipal Code Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). (3) On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the top of the curb abutting the lot. October 2010 Newport Beach Zoning Code, Title 20 20.18 Residential Zoninq Districts (4) Side setback areas for lots designated Special Fire Protection Areas or Very High Fire Hazard Severity Zones shall be a minimum of 5 feet unless reduced by the Fire Marshal. (5) The floor area of a subterranean basement is not included in the calculation of total gross floor area. (6) The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or 2.0 times the buildable area of the lot. Newport Beach Zoning Code, Title 20 October 2010 Residential Zonina Districts 20.18 TABLE 2 -3 DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS Development Feature R -BI R -2 R -2- 6,000 Additional Requirements Lot Dimensions required for each NEWLY CREATED lot. Minimum dimensions Lot Area (1) (2) (3) Corner lot 2,375 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Interior lot 2,375 sq. ft. 5,000 sq. ft. 6,000 sq. ft. Lot Width Corner lot 60 ft. 60 ft. 60 ft. Interior lot 50 ft. 50 ft. 60 ft. Lot Depth N/A N/A 80 ft. Minimum required site area per dwelling unit based on net area of the lot. Site Area per Dwelling 1,000 sq. ft. 1,000 sq. ft. 1 3,000 sq. ft. Unit No more than 2 units per lot Maximum percentage of the total lot area that may be covered by structures. Site Coverage N/A N/A 60% Floor Area Limit (9) 1.5 plus 2.0 citywide (8) (gross floor area) 200 sq. ft. 1.5 Corona del N/A Mar (8) The distances below are minimum setbacks required for primary structures. See Section 20.30. 110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. The following setbacks shall Setbacks apply, unless different requirements are identified on the Setback Maps in which case the Setback Maps shall control. (See Part 8). Side and rear setback areas shown on the Setback Maps shall be considered front setback areas for the purpose of regulating accessory structures. Also refer to Section 20.48.180 (Residential Development Standards). Front: 20 ft. 20 ft. 20 ft. Side (interior, each): Lots 40 ft. wide or less. 3 ft. 3 ft. 6 ft. Lots 40' -1" wide to 49' -11" 4 ft. 4 ft. 6 ft. wide. Lots 50 ft. wide and greater. N/A 4 ft. 6 ft. Side (Street side): Lots 40 ft. wide or less. 3 ft. 3 ft. N/A Lots 40' -1" wide to 49' -11" 4 ft. 4 ft. N/A wide. Lots 50 ft. wide and greater. N/A N/A 6 ft. October 2010 Newport Beach Zoning Code, Title 20 20.18 Residential Zoninq Districts TABLE 2 -3 DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS Development Feature R -BI R -2 R -2- 6,000 Additional Requirements Rear 10 ft. 10 ft. 6 ft. Lots abutting a 10 ft. alley or less that are Abutting Alley directly across the 10 ft. wide or less 5 ft. 5 ft. N/A alley from the side yard of a lot abutting the 15 ft. wide or less 5 ft. 5 ft. N/A alley shall provide a setback 15-1" to 19' -11" 3' -9" 3' -9" N/A for the first floor of at least 10 ft. from the 20 ft. wide or more 0 0 N/A alley. Waterfront 10 ft. .10 ft. N/A Bluff edge setback As provided in Section 20.28.040 (Bluff Overlay District) Bulkhead setback Structures shall be setback a minimum of 10 ft. from the bulkhead in each zoning district. Maximum height of structures without discretionaly approval. See Section Height (6) 20.30.060.8 (Increase in Height Limit) for possible increase in height limit. 24 ft. 24 ft. 24 ft. See Section Flat roof 20.30.060.6 (Increase Sloped roof; 29 ft. 29 ft. 29 ft. in Height Limit) Minimum 3/12 pitch Bluffs See Section 20.28.040 (Bluff Overlay District). Fencing See Section 20.30.040 (Fences, Hedges, Walls and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Parking See Chapter 20.40 (Off - Street Parking). Satellite Antennae See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). Residential Development See Section 20.48.120. Standards Newport Beach Zoning Code, Title 20 October 2010 Residential Zonina Districts 20.18 TABLE 2 -3 DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS Development Feature RM RMD RM - 6,000 Additional Requirements Lot Dimensions Minimum dimensions required for each NEWLY CREATED lot. Lot Area (1) (2) (3) Corner lot 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Interior lot 5,000 sq. ft. 5,000 sq. ft. 6,000 sq. ft. Lot Width Corner lot 60 ft. 60 ft. 60 ft. Interior lot 50 ft. 50 ft. 60 ft. Lot Depth N/A N/A 80 ft. Minimum required site area per dwelling unit based on net area of the lot unless the Site Area per maximum number of units is shown on the zoning map. 1,200 sq. ft. (7) 1,000 sq. ft. 1,500 sq. ft. Dwelling Unit Site Coverage Maximum percentage of the total lot area that may be covered by structures. N/A N/A 60% Floor Area Limit (gross floor area 1.75(4) N/A N/A The distances below are minimum setbacks required for primary structures. See Section 20.30. 110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. The following setbacks shall Setbacks apply, unless different requirements are identified on the Setback Maps in which case the Setback Maps shall control. (See Part 8). Side and rear setback areas shown on the Setback Maps shall be considered front setback areas for the purpose of regulating accessory structures. Also refer to Section 20.48.180 (Residential Development Standards . 20 ft. 20 ft. 20 ft. Front: Side (interior, each): Lots 40 ft. wide or 3 ft. N/A 6 ft. less. Lots 40' -1" wide to 4 ft. 5 ft. 6 ft. 49' -11" wide. Lots 50 ft. wide and 8% of the average N/A 6 ft. greater. lot width 5 October 2010 Newport Beach Zoning Code, Title 20 20.18 Residential Zoninq Districts TABLE 2 -3 DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS Development RM RMD RM - 6,000 Additional Feature Requirements Side (Street side): Lots 40 ft. wide or less. 3 ft. N/A Lots 40' -1" wide to 4 ft. 5 ft. N/A 49' -11" wide. Lots 50 ft. wide and 8% of the average 6 ft. greater. lot width (5) Rear 25 ft 10 ft. . 6 ft. Lots abutting a 10 ft. alley or less that are Abutting Alley directly across the 10 ft. wide or less N/A N/A alley from the side N/A yard of a lot abutting 15 ft. wide or less 5 ft. N/A the alley shall provide a setback 15' -1" to 19' -11" 3' -9" N/A for the first floor of at least 10 ft. from the 20 ft. wide or 0 N/A alley. more 10 ft. N/A Waterfront Bluff edge setback As provided in Section 20.28.040 (Bluff Overlay District) Bulkhead setback Structures shall be setback a minimum of 10 ft. from the bulkhead in each zoning district. Height (6) Maximum height of structures without discretionaly approval. See Section 20.30.060.8 (Increase in Height Limit) for possible increase in height limit. 28 ft. 28 ft. 28 ft. See Section Flat roof 20.30.060.13 Sloped roof; 33 ft. 33 ft. 33 ft (Increase in Height Minimum 3/12 pitch Limit) Newport Beach Zoning Code, Title 20 October 2010 Residential Zonina Districts 20.18 TABLE 2 -3 DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS Development RM RMD RM - 6,000 Additional Feature Requirements Open Space Minimum required open space. Common: 75 square Common: 75 square See Section feet/unit feet/unit 20.48.180 (Residential Minimum dimension Minimum dimension Development shall be 15 feet, shall be 15 feet. Standards) for R -2 Private: 5% of the NIP` Private: 5% of the open space gross floor area for gross floor area for standards. each unit. each unit. The minimum Minimum dimension Minimum dimension dimension is for shall be 6 feet. shall be 6 feet. length and width. Bluffs See Section 20.28.040 (Bluff Overlay District). Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Parking See Chapter 20.40 (Off - Street Parking). Satellite Antennae See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). (2) Lots may be subdivided so that the resulting lot area and dimensions for each new lot is less than that identified in Table 2 -3 in compliance with the provisions of Municipal Code Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). (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 or 1.5 times the buildable area of the site in Corona del Mar; 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. October 2010 Newport Beach Zoning Code, Title 20 20.18 Residential Zoninq Districts (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. (7) Portions of legal lots that have a slope greater than two -to -one (2:1) or that are submerged lands or tidelands shall be excluded from the land area of the lot for the purpose of determining the allowable number of units. (8) The floor area of a subterranean basement is not included in the calculation of total gross floor area. (9) The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or 2.0 times the buildable area of the lot. Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.20 — Commercial Zoning Districts [OA, OG, OM, OR, CC, CG, CM, CN, CV] 20.20.010 — Purposes of Commercial Zoning Districts 20.20.020 — Commercial Zoning Districts Land Uses and Permit Requirements 20.20.030 — Commercial Zoning Districts General Development Standards 20.20.010 — Purposes of Commercial Zoning Districts The purposes of the individual commercial zoning districts and the manner in which they are applied are as follows: A. OA (Office - Airport) Zoning District. The OA zoning district is intended to provide for areas appropriate for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations. These may include corporate and professional offices; automobile sales, rental, and service; aviation sales and service; hotels; and accessory retail, restaurant, and service uses. OG (Office - General) Zoning District. The OG zoning district is intended to provide for areas appropriate for administrative, professional, and medical offices with limited accessory retail and service uses. C. OM (Office - Medical) Zoning District. The OM zoning district is intended to provide for areas appropriate primarily for medical - related offices, other professional offices, retail, short-term convalescent and long -term care facilities, research labs, and similar uses. D. OR (Office - Regional) Zoning District. The OR zoning district is intended to provide for areas appropriate for corporate offices, administrative and professional offices that serve local and regional markets, with limited accessory financial, retail, service, and entertainment uses. E. CC (Commercial Corridor) Zoning District. The CC zoning district is intended to provide for areas appropriate for a range of neighborhood- serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. F. CG (Commercial General) Zoning District. The CG zoning district is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve City -wide or regional needs. 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. October 2010 Newport Beach Zoning Code, Title 20 20.20 Commercial Zonina Districts 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. The last column in the tables ( "Specific Use Regulations ") may include a reference to additional regulations that apply to the use. Commercial Office Zoning Districts Permit Requirements * TABLE 2 -4 P Permitted By -Right ALLOWED USES AND PERMIT CUP Conditional Use Permit (20.66.090) REQUIREMENTS MU Minor Use Permit (20.66.090) OM P Limited Term Permit (20.66.080) See Chapter 20.12 for unlisted uses. LTP Not allowed' Land Use CUP CUP CUP CUP Specific Use See Part 7 for land use definitions. OA OO OM OR Regulations See Chapter 20.12 for unlisted uses. P - -- - -- P Schools, Public and Private CUP CUP - -- CUP Handicraft Industry P - -- MUP Industry, Small (Less than 5,000 sq. ft.) MUP - -- - -- - -- Personal Storage (Mini Storage) P - -- - -- - -- Research and Development, General P P P P Research and Development, Restricted MUP MUP MUP MUP Recreation, Education, and Public Assembly Uses P Assembly /Meeting Facilities Small - 5,000 sq. ft. or less (Religious assembly may be larger 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 MUP MUP MUP MUP Retail .- Alcohol Sales (off -sale) MUP MUP MUP MUP 20.48.030 Alcohol Sales (off - sale), Accessory Only P MUP MUP P Retail Sales (less than 10,000 sq. ft.) MUP P P P Retail Sales (10,000 sq. ft. or greater) CUP -- f Newport Beach Zoning Code, Title 20 October 2010 Commercial Zoning Districts TABLE 2 -4 ALLOWED USES AND PER REQUIREMENTS Commercial Office Zoning Districts Permit Requirements P Permitted By -Right CUP Conditional Use Permit (20.66.090) MU Minor Use Permit (20.66.090) P Limited Term Permit (20.66.080) LTP Not allowed' 20.20 Land Use See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. OA OG OM OR Specific Use Regulations Pharmacy, Medical Supplies Service Uses - Business, Financial, Medical, ATM P and Professional P P P P P Convalescent Facilities Emergency Health Facilities /Urgent Care P P Financial Institutions and Related Services P P T_,P Hospitals Offices - Business P P Offices - Corporate P P Offices - Medical and Dental P P P P Offices - Professional P P P P Outpatient Surgery Facility P P P P Service Uses - General Ambulance Services P __ P _ Animal Sales and Services Animal Boarding /Kennels P CUP Animal Grooming P MUP MUP Veterinary Services P CUP CUP CUP 20.48.050 20.48.050 20.48.050 Artists' Studios P P - -- P Catering Services P P P Day Care - General MUP MUP MUP MUP Eating and Drinking Establishments Accessory food service (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) P P P P 20.48.090 CUP - -- -- CUP 20.48.090 P /MUP P /MUP — -- 20.48.090 MUP MUP - -- - -- 20.48.090 P /MUP P /MUP P /MU P P /MUP 20.48.090 MUP MUP MUP MUP 20.48.090 CUP CUP CUP CUP 20.48.090 P /MUP P /MUP P /PMU P /MUP 20.48.090 Emergency Shelters P 20.48.100 Funeral Homes and Mortuaries, w/o crematorium MUP MUP MUP MUP Funeral Homes and Mortuaries, with crematorium CUP CUP CUP CUP Health /Fitness Facilities Small - 2,000 sq. ft or less P P P P Large - Over 2,000 sq. ft. MUP MUP MUP MUP October 2010 Newport Beach Zoning Code, Title 20 20.20 TABLE 2 -4 ALLOWED USES AND PER REQUIREMENTS Commercial Zonina Districts Commercial Office Zoning Districts Permit Requirements P Permitted By -Right CUP Conditional Use Permit (20.66.090) MU Minor Use Permit (20.66.090) P Limited Term Permit (20.66.080) LTP Not allowed' Land Use See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. OA OG OM OR Specific Use Regulations Laboratories P P P P Maintenance and Repair Services P P - -- P Massage Establishments MUP MUP MUP MUP MC 5.50 20.48.120 Massage Services, Accessory MUP MUP MUP MUP 20.48.120 Personal Services, General P P P P Personal Services, Restricted MUP MUP MUP MUP Postal Services P P P P Printing and Duplicating Services P P P P Smoking Lounges -- Visitor Accommodations, Nonresidential Hotels, Motels, and Time - Shares Transportation, Uses Communication Facilities CUP P P CUP - - -- P Heliports and Helistops (3) CUP - -- CUP CUP Parking Facilities MUP MUP MUP MUP Parking Structures, adjacent to residential district W CUP CUP – Utilities, Minor P P P P Utilities, Major CUP CUP CUP CUP Wireless Telecommunication Facilities Vehicle Rental, Sale, and Service Uses Vehicle Sales, Office Only Municipal Code Chapter 15.70 P 777777 P Vehicle /Equipment Rentals Office Only P P - -- P Vehicles for hire CUP — Vehicle /Equipment Rentals and Sales CUP - -- - -- -- Vehicle /Equipment Repair General CUP Limited MUP Vehicle /Equipment Services Automobile Washing /Detailing, self MUP MUP MUP service or accessory Service Stations CUP - -- 20.48.210 Other Accessory Structures and Uses P P P P Drive - Through Facilities MUP MUP MUP MUP 20.48.080 Outdoor Storage and Display P P P P 20.48.140 Newport Beach Zoning Code, Title 20 October 2010 Commercial Zoning Districts TABLE 2 -4 ALLOWED USES AND PER REQUIREMENTS Commercial Office Zoning Districts Permit Requirements P Permitted By -Right CUP Conditional Use Permit (20.66.090) MU Minor Use Permit (20.66.090) P Limited Term Permit (20.66.080) LTP Not allowed' 20.20 Land Use Warehousing I P Uses CUP Uses P CUP P CUP P CUP Specific Use See Part 7 for land use definitions. OA OG OM OR Regulations See Chapter 20.12 for unlisted uses. P P MUP P Schools, Public and Private - -- CUP Special Events Municipal Code Chapter 11.03 Temporary Uses LTP LTP I LTP I LTP 20.52.040 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). (1) Late hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (2) Permitted or Minor Use Permit required. a. A Minor Use Permit shall be required for any use located within 500 feet, property line to property line, of any residential zoning district. b. A Minor Use Permit shall be required for any use that maintains late hours. (3) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. TABLE 2 -5 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 for land use definitions. 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 * CC CG CM CN I CV I Regulations Industry, Manufacturing and Processing, and Handicraft Industry Recreation, Education, and Public Assembly Assembly /Meeting Facilities Warehousing I P Uses CUP Uses P CUP P CUP P CUP P CUP Commercial Recreation and Entertainment CUP CUP CUP CUP CUP Cultural Institutions P P MUP P Schools, Public and Private - -- CUP CUP CUP CUP Alcohol Sales (off -sale) MUP MUP MUP MUP MUP 20.48.030 Alcohol Sales (off - sale), Accessory Only P P P P P Bulk merchandise -- P P October 2010 Newport Beach Zoning Code, Title 20 20.20 TABLE 2 -5 ALLOWED USES ANdj PERMIT REQUIREMENTS Commercial Zonina Districts Commercial Retail Zoning Districts Permit Requirements . , F 11111LL�U 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 Specific use See Part : for land use definitions_ cc CG CM CN CV Regulations Marine Rentals and Sales Boat Rentals and Sales CUP Marine Retail Sales P P CUP CUP P CUP P Retail Sales P P P P — P Visitor Serving Retail Service Uses — Business, Financial, Medical, ATM P and Professional P - -- P - -- P P P P P Emergency Health Facility /Urgent Care above 1st floor onl MUP MUP — — MUP 20.48.050 Financial Institutions and Related Services P P P P P Offices - Corporate (above 1" floor only) P P P P - -- Offices - Business P P P P P Offices - Medical and Dental P P P P Offices - Professional (above Vt floor only) P P P P P CUP Outpatient Surgery Facility (above 1° floor only) MUP MUP P - -- --- P /MUP Service Uses - General Ambulance Services -- MUP — — — MUP Animal Sales and Services Animal Boarding /Kennels Animal Grooming Animal Retail Sales Veterinary Services CUP CUP CUP - -- 20.48.050 P P — P P 20.48.050 P P — P P 20.48.050 CUP CUP — CUP - -- 20.48.050 Artists' Studios P P P P P Catering Services -- P P P P Day Care, General MUP MUP MUP MUP Eating and Drinking Establishments Accessory food service (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) P P P P P 20.48.090 CUP CUP CUP CUP CUP 20.48.090 P /MUP P /MUP P /MUP P /MUP P /MUP 20.48.090 MUP MUP MUP MUP MUP 20.48.090 p /MUP P /MUP P /MUP P /MUP P /MUP 20.48.090 MUP MUP MUP MUP MUP 20.48.090 CUP CUP CUP CUP CUP 20.48.090 P /MUP P /MUP P /MUP P /MUP P /MUP 20.48.090 Funeral Homes and Mortuaries, without crematorium - MUP — — Funeral Homes and Mortuaries, with crematorium - -- CUP —_ Health /Fitness Facilities Newport Beach Zoning Code, Title 20 October 2010 Commercial Zonina Districts TABLE 2 -5 ALLOWED USES ANdJ PERMIT REQUIREMENTS Land Use See Part 7 for land use definitions. Commercial Retail 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 . cc CG CM CN CV Specific Use Regulations Small - 2,000 sq. ft. or less Large - Over 2,000 s . ft. P P P P P 20.48.060 MUP MUP MUP MUP MUP Laboratories - -- P - -- P MC Title 17 - -- Maintenance and Repair Services P P – P Transportation, Communication Facilities MUP Marine Services Boat Storage Boat Yards Entertainment and Excursion Services Marine Service Stations Water Transportation Services MUP MUP CUP MUP 20.48.060 CUP CUP CUP - -- CUP P – P MC Title 17 - -- CUP CUP CUP 20.48.220 Transportation, Communication Facilities MUP MUP - -- MUP P Massage Establishments Massage Services, Accessory Nail Salons MUP MUP — MUP MUP MC 5.50 20.48.120 MUP MUP - -- MUP MUP 20.48.120 P P — P P CUP Personal Services, General Personal Services, Restricted Studio - -- CUP CUP Utilities, Minor P P P - -- P P Utilities, Major MUP MUP - -- MUP MUP P P -- P P Postal Services P P P P Printing and Duplicating Services P P P Recycling Facilities Collection Facility - Small MUP MUP MUP 20.48.160 Smnkinn I nunnwc - -- - -- - -- - -- -- Visitor Accommodations Bed & Breakfast Inns Hotels and Motels RV Parks Time Share Facilities MUP MUP MUP MUP 20.48.060 CUP CUP CUP - -- CUP CUP - -- CUP CUP 20.48.220 Transportation, Communication Facilities MUP P MUP P Marinas Municipal Code Title 17 Marina Support Facilities - -- - -- MUP - -- MUP Parking Facilities MUP MUP MUP MUP MUP Parking Structure, adjacent to residential zoning district CUP CUP - -- CUP CUP Utilities, Minor P P P P P Utilities, Major CUP CUP CUP CUP CUP Wireless Telecommunication Facilities Vehicle Rental, Sale, and Service Uses Municipal Code Chapter 15.70 I Rentals October 2010 Newport Beach Zoning Code, Title 20 20.20 TABLE 2 -5 ALLOWED USES ANdj PERMIT REQUIREMENTS Commercial Zonina Districts Commercial Retail Zoning Districts Permit Requirements . 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 specific use See Part : for land use definitions_ cc CG cm CN CV Regulations General - -- CUP — MUP CUP Office Only P P P P P 20.48.080 Limited P P P P P P Vehicles for hire - -- CUP - -- - -- CUP Vehicle/Equipment Repair CUP CUP General - -- CUP Limited MUP MUP MUP Vehicle Sales, Office Only P P P P P Vehicle /Equipment Services Automobile Washing /Detailing, full service P MUP — MUP MUP Automobile Washing /Detailing, self P P ___ P MUP 20.48.080 service or accessory Municipal Code Chapter 11.03 Outdoor Storage and Display P P P P Service Stations CUP CUP - -- CUP CUP 20.48. 210 Other Usesa Accessory Structures and Uses P P Pj P P Drive - Through Facilities MUP MUP I MUP I MUP MUP 20.48.080 Special Events Municipal Code Chapter 11.03 Outdoor Storage and Display P P P P P 20.48.140 Temporary Uses LTP LTP LTP LTP LTP 20.52.040 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). (1) Late hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (2) Permitted or Minor Use Permit required. a. A Minor Use Permit shall be required for any use located within 500 feet, property line to property line, of any residential zoning district. b. A Minor Use Permit shall be required for any use that maintains late hours. 20.20.030 — Commercial 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 Table 2 -6 and Table 2 -7, in addition to the development standards in Part 3 (Site Planning and Development Standards). Newport Beach Zoning Code, Title 20 October 2010 Commercial Zoninq Districts TABLE 2 -6 DEVELOPMENT STANDARDS FOR COMMERCIAL OFFICE ZONING DISTRICTS 6 i i 20.20 Development Feature OA OG OM OR Additional Requirements Lot Dimensions Minimum dimensions required for each NEWLY CREATED lot Lot Area (1) 25,000 sq 5,000 sq. ft. 25,000 sq. 10,000 sq. 100 ft. 50 ft. 100 ft. 100 ft. Lot Width The distances below are minimum setbacks required for primary Setbacks structures. See for setback Section 20.30. measurement, 110 (Setback allowed projections Regulations into and Exceptions) setbacks, and exceptions. Front or adjacent to a street. 15 ft N/A 15 ft. 15 ft. Lots fronting on Old Newport Blvd. or N /A. 0 N/A N/A Westminster Ave. Side (interior, each) Abutting nonresidential 0 0 0 0 Abutting residential N/A 5 ft. 5 ft. N/A Side (Street side) 15 ft. 15 ft. 15 ft 15 ft Lots fronting on Old Newport Blvd. or N/A 0 N /A. N /A. Westminster Ave. Rear 0 0 0 0 Abutting alley N/A 5 ft. N /A. N/A Abutting residential N /A. 5 ft. 5 ft. N/A Floor Area Ratio 0.5 for As 0.75, As office uses. identified except as identified 0.75 for on the identified on the warehouse Official on the Official uses. Zoning Official Zoning Map. Zoning Map. Map. October 2010 Newport Beach Zoning Code, Title 20 20.20 Commercial Zoning Districts TABLE 2 -6 DEVELOPMENT STANDARDS FOR COMMERCIAL OFFICE ZONING DISTRICTS Development Feature OA OG OM OR Additional Requirements Maximum allowable height of structures without discretionary approval. Height See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060.8 (Increase in Height Limit) for possible increase in height limit. 26 ft. with flat roof; less than 3/12 pitch Within Shoreline Height Limit Zone 31 ft. with sloped roof; 3/12 or greater pitch Not within Shoreline Height Limit Zone 32 ft. with flat roof; less than 3/12 pitch 20.30.060 37 ft. with sloped roof; 3/12 or greater pitch Within High Rise Height Limit Zone (See Part 8, 300 ft. Figure H -1). Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor storage /display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off - Street Parking). Signs See Chapter 20.42 (Sign Standards). (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). Newport Beach Zoning Code, Title 20 October 2010 Commercial Zoning Districts 20.20 TABLE 2 -7 DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS Development Feature CC CG CM CN CV Additional Requirements Lot Dimensions Minimum dimensions required for each NEWLY CREATED lot 5,000 sq. 10,000 Lot Area (1) ft. sq. ft. N/A 20,000 N/A sq. ft 25 ft. 50 ft. N /A. 100 ft. N/A Lot Width Minimum setbacks required for primary structures. See Section 20.30.110.D Setbacks (Allowed Encroacments into Setback Areas) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 0 0 0 Side (interior, each): Abutting nonresidential 0 0 0 0 0 Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 0 0 0 0 0 Side (Street side) Rear: Abutting an alley 10 ft. 10 ft. loft 10 ft. 10 ft. Not abutting an alley 0 0 0 0 0 Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Bulkhead setback Structures shall be setback a minimum of 10 ft. from the bulkhead in each zoning district. Floor Area Ratio (2) (3) The specific floor area limitations for each zoning district are identified on the Zoning Map. Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060.B (Increase in Height Limit) for possible increase in height limit. Within Shoreline Height Limit Zone 26 ft. with flat roof; less than 3/12 pitch 31 ft. with sloped roof; 3/12 or greater pitch 20.30.060 Not within Shoreline Height Limit Zone 32 ft. with flat roof; less than 3/12 pitch 37 ft. with sloped roof; 3/12 or greater pitch Within High Rise October 2010 Newport Beach Zoning Code, Title 20 20.20 Commercial Zonina Districts Height Area (See Part 8, Figure H -1). 300 Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls), Landscaping See Chapter 20.36(Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor storage /display See Section 20.48.140 (Outdoor Storage, Display, and Activiti s). Parking See Chapter 20.40 (Off - Street Parking). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). (2) In the CG zoning district, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Municipal Code Title 19 (Subdivisions). (3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.22 — Mixed -Use Zoning Districts [MU -V, MU -MM, MU -DW, MU- CV /15`h St, MU -W1, MU -W2] 20.22.010 — Purposes of Mixed -Use Zoning Districts 20.22.020 — Mixed -Use Zoning Districts Land Uses and Permit Requirements 20.22.030 — Mixed -Use Zoning Districts General Development Standards 20.22.010 — Purposes of Mixed -Use Zoning Districts The purposes of the individual mixed -use zoning districts and the manner in which they are applied are provided below. For the purpose of this Zoning Code, mixed -use projects shall comply with nonresidential standards when no mixed use standards exist. A. MU -V (Mixed -Use Vertical) Zoning District. This zoning district is intended to provide for areas appropriate for the development of mixed -use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. B. MU -MM (Mixed -Use Mariners' Mile) Zoning District. This zoning district applies to properties located on the inland side of Coast Highway in the Mariners' Mile Corridor (See Part 8, Figure A -5). Properties fronting on Coast Highway may be developed for nonresidential uses only. Properties to the rear of the commercial frontage may be developed for free - standing nonresidential uses, multi -unit residential dwelling units, or mixed -use structures that integrate residential above the ground floor with nonresidential uses on the ground floor. C. MU -DW (Mixed -Use Dover/Westcliff) Zoning District). This zoning district applies to properties located in the Dover Drive /Westcliff Drive area. Properties may be developed for professional office or retail uses, or as horizontal or vertical mixed -use projects that integrate multi -unit residential dwelling units with retail and /or office uses. D. MU -CV /15th St. (Mixed -Use Cannery Village and 151h Street) Zoning District. This zoning district applies to areas where it is the intent to establish a cohesively developed district or neighborhood containing multi -unit residential dwelling units with clusters of mixed -use and /or commercial structures on interior lots of Cannery Village and 15th Street on Balboa Peninsula. Allowed uses may include multi -unit dwelling units; nonresidential uses; and /or mixed -use structures, where the ground floor is restricted to nonresidential uses along the street frontage. Residential uses and overnight accommodations are allowed above the ground floor and to the rear of uses along the street frontage. Mixed -use or nonresidential structures are required on lots at street intersections and are allowed, but not required, on other lots. E. MU -W1 (Mixed -Use Water) Zoning District. This zoning district applies to waterfront properties along the Mariners' Mile Corridor (See Part 8, Figure A -4) in which nonresidential uses and residential dwelling units may be intermixed. A minimum of 50 percent of the allowed square footage in a mixed use development shall be used for nonresidential uses in which marine - related and visitor serving land uses are mixed as October 2010 Newport Beach Zoning Code, Title 20 20.22 Mixed -Use Zonina Districts provided in Table 2 -10. A Site Development Review, in compliance with Section 20.52.080, shall be approved prior to any development to 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. The last column in the tables ( "Specific Use Regulations ") may include a reference to additional regulations that apply to the use. Mixed -Use Zoning Districts TABLE 2 -8 Permit Requirements ALLOWED USES AND PERMIT P Permitted By -Right CUP Conditional Use Permit (20.66.090) REQUIREMENTS MUP Minor Use Permit (20.66.090) LTP Limited Term Permit (20.66.080) — Not allowed' MU -V Land UsPart Mu -MM MU -DW MU `h - CV /15 St. Specific Use See 7 for land use definitions. (6) (7) Regulations See Chapter 20.12 for unlisted uses. Industry, Manufacturing and Processing, Handicraft Industry Warehousing Uses P P P P M Industry, Marine - Related - -- CUP MUP Research and Development P P P P Recreation, Education, and Public Assembly Uses Assembly /Meeting Facilities CUP CUP CUP CUP Commercial Recreation and Entertainment CUP CUP CUP CUP Cultural Institutions P P P P Schools, Public and Private CUP CUP CUP CUP Residential Uses Single-Unit Dwellings P (3) 20.48.130 Located on 1s'floor Located above 15' floor P (1) -- P (3) 20.48.130 Multi -Unit Dwellings Newport Beach Zoning Code, Title 20 October 2010 Mixed -Use Zoninq Districts TABLE 2 -8 ALLOWED USES AND PERMIT P CUP REQUIREMENTS MUP LTP i Land Use MU -V See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. 20.22 Mixed -Use Zoning Districts Permit Requirements Permitted By -Right Conditional Use Permit (20.66.090) Minor Use Permit (20.66.090) Limited Term Permit (20.66.080) Not allowed ' MU -MM MU -DW MU -CV /15th St. Specific Use (6) (7) Regulations i Located on 15tfloor Located above 1st floor - -- P (1)(2) P(1) P (3) 20.48.130 P (1) P (1)(2) P (1) P (3) 20.48.130 Two -Unit Dwellings Located on 1st floor Located above 1 "floor - -- -- P P (3) 20.48.130 P (1) - -- - -- P (3) 20.48.130 Home Occupations P P (1) P P 20.48.130 Live -work Units P P (1)(2) P P (3) P Adult Dav Care Small (6 or fewer) P P P P Child Day Care Small (8 or fewer) P P P P 20.48.070 Day Care, General Retail .- Alcohol Sales (off -sale) MUP MUP MUP MUP MUP 20.48.070 20.48.030 Alcohol Sales (off -sale) Accessory Only P P P P Marine Rentals and Sales Boat Rentals and Sales Marine Retail Sales CUP P - -- CUP P P P P Retail Sales P P P P Service Uses — Business, Financial, Medical, ATM's and Professional P P P P Emergency Health Care /Urgent Care MUP MUP 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 Service Uses - General P P P P October 2010 Newport Beach Zoning Code, Title 20 20.22 TABLE 2 -8 ALLOWED USES AND PERMIT P CUP REQUIREMENTS MUP LTP i Land Use MU -V See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. Animal Sales and Services Mixed -Use Zonina Districts Mixed -Use Zoning Districts Permit Requirements Permitted By -Right Conditional Use Permit (20.66.090) Minor Use Permit (20.66.090) Limited Term Permit (20.66.080) Not allowed ' MU -MM MU -DW MU -CV /151" St. Specific Use (6) (7) Regulations Animal Grooming Animal Retail Sales Veterinary Services P P P P 20.48.050 P P - -- P 20.48.050 — CUP CUP — 20.48.050 Artists' Studios P P P P Eating and Drinking Establishments Accessory food service (open to public) Fast Food (no late hours) (4)(5) Fast Food (with late hours) (4) Food Service (no late hours) (4)(5) Food Service (with late hours (4) Take -Out Service, Limited (5) P P P P 20.48.090 P /MUP P /MUP - -- P /MUP 20.48.090 MUP MUP - -- MUP 20.48.090 P /MUP P /MUP — P /MUP 20.48.090 CUP CUP - -- CUP 20.48.090 P /MUP P /MUP -- P /MUP 20.48.090 Health /Fitness Facilities Small — 2,000 sq. ft. or less Large — Over 2,000 sq. ft P P MUP P CUP CUP - -- CUP Laboratories - -- - -- P - -- Maintenance and Repair Services P P - -- P Marine Services Entertainment and Excursion Services Marine Service Stations P P — P MC Title 17 CUP -- Personal Services Massage Establishments Massage Services, Accessory Nail Salons Personal Services, General Personal Services, Restricted Studio MUP MUP MUP MUP MC 5.50 20.48.120 MUP MUP MUP MUP 20.48.120 P P P P P P P P MUP MUP MUP MUP MUP MUP MUP MUP Newport Beach Zoning Code, Title 20 October 2010 Mixed -Use Zonino Districts TABLE 2 -8 ALLOWED USES AND PERMIT P CUP REQUIREMENTS MUP LTP i Land Use MU -V See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. 20.22 Mixed -Use Zoning Districts Permit Requirements Permitted By -Right Conditional Use Permit (20.66.090) Minor Use Permit (20.66.090) Limited Term Permit (20.66.080) Not allowed ' MU -MM MU -DW MU -CV /151" St. Specific Use (6) (7) Regulations Postal Services P P P P Printing and Duplicating Services P P P P MUP Smoking Lounges MUP Utilities, Minor P P Visitor Accommodations Hotels, Motels, and Time Shares CUP CUP CUP P Bed and Breakfast Inns Transportation, Parking Facility - -- CUP -- MUP MUP MUP (2) MUP (2) Marinas MC Title 17 - -- Marina Support Facilities MUP MUP - -- MUP Utilities, Minor P P P P Utilities, Major CUP CUP CUP CUP Wireless Telecommunication Facilities Vehicle /Equipment Rentals Municipal Code Chapter 15.70 Office Only Limited (no outdoor storage) P P P P – MUP - -- – Vehicle /Equipment Repair Limited — MUP – — Vehicle Sales — CUP - -- -- Vehicle Sales, Office Only P P P -- Vehicle /Equipment Services Automobile Washing Service Stations Other Uses Accessory Structures and Uses – CUP -- - -- MUP CUP MUP MUP MUP 20.48.210 Outdoor Storage and Display MUP MUP MUP MUP 20.48.140 Personal Property Sales P P P P 20.48.150 October 2010 Newport Beach Zoning Code, Title 20 20.22 Mixed -Use Zonina Districts Mixed -Use Zoning Districts TABLE 2 -8 Permit Requirements ALLOWED USES AND PERMIT P Permitted By -Right 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 UsPart 7 for land use definitions. MU -V MU -MM MU -DW MU -CV /151" St. Specific Use See (6) (7) Regulations See Chapter 20.12 for unlisted uses. Special Events Municipal Code Chapter 11.03 Temporary Uses LTP LTP LTP I LTP 20.52.040 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). (1) Allowed only as part of a mixed -use development. Refer to Section 20.48.130 (Mixed Use Projects) for additional development standards. (2) Not allowed to front onto Coast Highway. Coast Highway frontage shall be limited to nonresidential uses. See Table 2 -11 (Development Standards for Vertical and Horizontal Mixed Use Zoning Districts). (3) Not allowed on lots at street intersections unless part of a mixed -use or live -work structure. (4) Late hours. Facilities with late hours shall mean facilities that offer service and are open to the public after 11:00 p.m. any day of the week. (5) Permitted or Minor Use Permit required. a. A Minor Use Permit shall be required for any use located within 500 feet, property line to property line, of any residential zoning district. b. A Minor Use Permit shall be required for any use that maintains late hours. (6) Properties fronting on Coast Highway shall be developed with nonresidential uses as allowed in Table 2 -9, above. Properties to the rear of the commercial frontage may be developed for free- standing nonresidential uses, multi -unit residential dwelling units, or mixed -use structures that integrate multi -unit residential above the ground floor with nonresidential uses on the ground floor. See Table 2 -10 (Development Standards for Vertical and Horizontal Mixed Use Zoning Districts). (7) Mixed -use or commercial structures are required on lots at street intersections and are allowed, but not required, on other lots. Newport Beach Zoning Code, Title 20 October 2010 Mixed -Use Zonino Districts TABLE 2 -9 ALLOWED USES AND PER REQUIREMENTS 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* 20.22 Land Use Mu -w1 CUP See Part 7 for land use definitions. (5)(6) MU -W2 Specific Use Regulations See Chapter 20.12 for unlisted uses. P P I 20.48.130 Handicraft Industry P P Industry, Marine - Related P P Research and Development P P Assembly /Meeting Facilities Small - 5,000 sq ft or less (Religious assembly may be larger than 5,000 sq. ft.) CUP CUP Commercial Recreation and Entertainment CUP CUP Cultural Institutions P P I 20.48.130 Parks and Recreational Facilities CUP CUP Schools, Public and Private Residential CUP CUP Single -Unit Dwellings Located on 1 st floor Located above 1"floor P (1) P (2) I 20.48.130 Multi -Unit Dwellings Located on 1 st floor -- Located above 1st floor P (1) P (2) I 20.48.130 Two -Unit Dwellings Located on 18t floor Located above 1st floor P (1) P (2) Home Occupations P P (2) 20.48.110 Adult Day Care Small (6 or fewer) P P Child Day Care Small (8 or fewer) P P 20.48.070 Day Care, General MUP 20.48.070 October 2010 Newport Beach Zoning Code, Title 20 20.22 TABLE 2 -9 ALLOWED USES AND PER REQUIREMENTS Mixed -Use Zonina 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' Land Use Mu -W1 See Part 7 for land use definitions. (5)(6) MU -W2 Specific Use Regulations See Chapter 20.12 for unlisted uses. Trade Retail Uses Alcohol Sales (off -sale) MUP MUP 20.48.030 Alcohol Sales (off - sale), Accessory Only P P Marine Rentals and Sales Boat Rentals and Sales P P Marine Retail Sales P P Retail Sales P P Visitor Serving Retail Service Uses — Business, Financial, Medical, and ATM's P Professional P P P Emergency Health Facilities /Urgent Care — P P Financial Institutions and Related Services (above 15' floor only) P Offices - Business P P Offices - Medical and Dental (above 1 s' floor only) - -- P Offices - Profession Service Uses - General Animal Retail Sales P MUP P MUP 20.48.050 Artists' Studios P P Eating and Drinking Establishments Accessory food service (open to public) 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 (3) (4) P P 20.48.090 P /MUP P /MUP 20.48.090 MUP MUP 20.48.090 P /MUP P /MUP 20.48.090 MUP MUP 20.48.090 CUP CUP 20.48.090 P /MUP P /MUP 20.48.090 Newport Beach Zoning Code, Title 20 October 2010 Mixed -Use Zonino Districts TABLE 2 -9 ALLOWED USES AND PER REQUIREMENTS 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' 20.22 Land Use Mu -w1 See Part 7 for land use definitions. (5)(6) MU -W2 Specific Use Regulations See Chapter 20.12 for unlisted uses. 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 MC 5.50 20.48.120 MUP MUP 20.48.120 P P P P Personal Services, Restricted MUP MUP Smoking Lounges - -- - -- Visitor Accommodations Hotels, Motels, Bed and Breakfast Inns, and CUP Time Shares Transportation, Parking Facilities MUP CUP MUP Communication Facilities P P Heliports and Helistops (7) CUP CUP Marinas MC Title 17 Marina Support Facilities MUP MUP Utilities, Minor P P Utilities, Major CUP CUP Wireless Telecommunication Facilities Municipal Code Chapter 15.70 October 2010 Newport Beach Zoning Code, Title 20 20.22 TABLE 2 -9 ALLOWED USES AND PER REQUIREMENTS Mixed -Use Zonina 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' Land Use Mu -w1 See Part 7 for land use definitions. (5)(6) MU -W2 Specific Use Regulations See Chapter 20.12 for unlisted uses. Other Uses Accessory Structures and Uses MUP MUP Outdoor Storage and Display MUP MUP 20.48.140 Personal Property Sales P P 20.48.150 Special Events Municipal Code Chapter 11.03 Temporary Uses LTP LTP 20.52.040 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). (1) May only be located on lots with a minimum of 200 lineal feet of frontage on Coast Highway. Refer to Section 20.48.130 (Mixed Use Projects) for additional development standards. (2) May only be located above a commercial use and not a parking use. Refer to Section 20.48.130 (Mixed Use Projects) for additional development standards. (3) Late hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (4) Permitted or Minor Use Permit required. a. A Minor Use Permit shall be required for any use located within 500 feet, property line to property line, of any residential zoning district. b. A Minor Use Permit shall be required for any use that maintains late hours. (5) Approval of a Minor Site Development Review, in compliance with Section 20.52.080, shall be required prior to any development to ensure that the uses are fully integrated and that potential impacts from their differing activities are fully mitigated. (6) A minimum of 50 percent of the square footage of a mixed use development shall be used for nonresidential uses. (7) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. 1 Newport Beach Zoning Code, Title 20 October 2010 Mixed -Use Zonino Districts 20.22.030 — Mixed -Use Zoning Districts General Development Standards 20.22 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 Table 2 -10, in addition to the development standards in Part 3 (Site Planning and Development Standards). TABLE 2 -10 DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED -USE ZONING DISTRICTS Development MU -V MU -MM MU -DW MU- CV /15t" Additional Feature St. Regulations Lot Dimensions Minimum dimensions required for each NEWLY CREATED lot. (1)(2) Lot Area (2) 2,500 sq. ft. 10,000 sq. ft. 40,000 sq. ft. 5,000 sq. ft. 25 ft. 50 ft. 100 ft. 40 ft Lot Width (2) Density Range Minimum /maximum allowable density range for residential uses. Lot area required per unit (sq. ft.) (3) Minimum: Minimum: Minimum: Minimum: 1,631 1,631 1,631 1,631 Maximum: Maximum: Maximum: Maximum: 2,167 2,167 2,167 2,167 For property beginning 100 ft. north of Coast Hwy. Floor Area Ratio (FAR) (4) Min. 0.35 Min. 0.25 Min. 0.25 Min. 0.25 Mixed use Max. 0.50 for Max. 0.50 for Max. 0.50 for Max. 0.50 for development nonresidential nonresidential nonresidential nonresidential Max. 1.0 for Max. 1.0 for Max. 1.0 for Max. 1.0 for residential. residential. residential. residential. Nonresidential only 0.75. 0.50 0.50 0.50 Residential only N/A N/A N /A. 1.5 The distances below are minimum setbacks required for primary structures. See Setbacks Section 20.30. 110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. 0 0 0 0 Front October 2010 Newport Beach Zoning Code, Title 20 20.22 Mixed -Use Zoning Districts TABLE 2 -10 DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED -USE ZONING DISTRICTS Development MU- CV 115`h Additional Feature MU-V 0 MU -MM 0 MU -DW 0 St. Regulations 0 Side Side Adjoining a residential 5 ft. 5 ft. 5 ft. 5 ft. district Rear 0 0 0 0 Rear Adjoining residential 5 ft. 5 ft. 5 ft. 5 ft. district Rear Adjoining 10 ft. 5 ft. 0 10 ft. an alley Bulkhead 10 ft. N/A setback Open Space Common open Minimum 75 square feet/dwelling unit. space. (The minimum dimension (length and width) shall be 15 feet) Private open 5% of the gross floor area for each unit. space. (The minimum dimension (length and width) shall be 6 feet) Minimum distance between detached residential structures on same lot. Separation Distance 10 ft. 10 ft. 10 ft. 10 ft. Maximum allowable height of structures without discretionary approval. See Height Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060.8 (Increase in Height Limit) for possible increase in height limit. MU-V, MU-MM, and 26 ft. with flat roof, less than 3/12 roof itch CV /15 St. . 31 ft. with sloped roof, 3/12 roof pitch or greater Newport Beach Zoning Code, Title 20 October 2010 Mixed -Use Zonino Districts TABLE 2 -10 DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED -USE ZONING DISTRICTS 20.22 Development MU -V MU -MM MU -DW MU- CV 115`h Additional Feature St. Regulations MU -DW 32 ft. with flat roof, less than 3/12 roof pitch 37 ft. with sloped roof, 3/12 roof pitch or greater Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor storage /display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off - Street Parking). Satellite Antennae See Section 20.48.190 (Satellite Antennae and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). (2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium) purposes. (3) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or tidelands are included in land area of the lot. (4) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area of structures, October 2010 Newport Beach Zoning Code, Title 20 20.22 Mixed -Use Zonina Districts TABLE 2 -11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED -USE ZONING DISTRICTS Development Feature MU -W1 (3) MU -W2 Additional Requirements Lot Dimensions (1)(2) Lot Area Mixed use structures Non -mixed use structures Lot Width Mixed use structures Non -mixed use structures Density (4) Lot area required per unit Floor Area Ratio (FAR) (5) Mixed use development Nonresidential only Setbacks Front Side Minimum dimensions 20,000 sq.ft. 10,000 sq.ft. for each NEWLY CREATED lot. 2,500 sq.ft. 2,500 sq.ft. 200 ft. 1 25 ft. 50 ft. 1 25 ft. uses. Minimum: 7,260 sq. ft Minimum: 1,631 per unit Maximum: 2,167 Min. 0.35 and Max. 0.5 for nonresidential uses. Max. 0.5 for residential uses. (3) Max. 1.0 for mixed use projects Min. 0.35 and Max. 0.5 for nonresidential. Max. 0.75 for residential uses. Lido Marina Village Min. 0.35 Max. 0.7 for nonresidential and 0.8 residential. 0.5 Commercial only 0.5 Commercial only (3) The distances below are minimum setbacks required for primary structures. See Section 20.30. 110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exce tions. 0 0 0 0 Newport Beach Zoning Code, Title 20 October 2010 Mixed -Use Zonino Districts 20.22 TABLE 2 -11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED -USE ZONING DISTRICTS Development Feature MU -W1 (3) MU -W2 Additional 10 ft. Requirements Side Adjoining a 5 ft. 5 ft. Height Limit ) for possible increase in height limit. residential district Common open space Private open space Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet) Rear 0 0 Landscaping Rear Residential portion N/A 5 ft. Outdoor storage /display of mixed use Parking See Chapter 20.40 (Off - Street Parking). Satellite Antennae Rear Nonresidential adjoining a residential N/A 5 ft. district. Rear Adjoining an alley N/A 10 ft. See Section 20.30.060 (Height Limits and Exceptions) for height Bulkhead setback 10 ft. 10 ft. Height Limit ) for possible increase in height limit. Open Space Common open space Private open space Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet) 5% of the gross floor area for each dwelling unit. The minimum dimension (length and width shall be 6 feet Fencing Minimum distance between detached structures on same lot. epara on is ance 10 ft. 10 ft. Notes: (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). October 2010 Newport Beach Zoning Code, Title 20 Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060.8 (increase in Height Height Limit ) for possible increase in height limit. 26 ft. with flat roof, less than 3/12 roof pitch 31 ft. with sloped roof, 3/12 roof pitch or greater Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor storage /display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off - Street Parking). Satellite Antennae See Section 20.48.190 (Satellite Antennae and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). October 2010 Newport Beach Zoning Code, Title 20 20.22 Mixed -Use Zonina Districts (2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g. condominium) purposes. (3) A minimum of 50 percent of the square footage in a mixed use development shall be used for nonresidential uses. (4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or tidelands shall be included in land area of the site. (5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of calculating the allowable floor area of structures, Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.24 — Industrial Zoning District [IG] 20.24.010 – Purposes of Industrial Zoning District 20.24.020 – Industrial Zoning District Land Uses and Permit Requirements 20.24.030 – Industrial Zoning Districts General Development Standards 20.24.010 – Purposes of Industrial Zoning District The IG zoning district is intended to provide for areas appropriate for a wide range of moderate to low intensity industrial uses (e.g., light manufacturing and research and development) and limited accessory commercial and office uses. 20.24.020 – Industrial Zoning District Land Uses and Permit Requirements A. Allowed land uses. Table 2 -13 indicates the uses allowed within each zoning district and the permit required to establish each use, in compliance with Pan 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. The last column in the tables ( "Specific Use Regulations ") may include a reference to additional regulations that apply to the use. October 2010 Newport Beach Zoning Code, Title 20 20.24 Industrial Zoninq District Industrial Zoning District Permit Reouirements Conditional Use Permit (20.66.090) Minor Use Permit (20.66.090) Limited Term Permit (20.66.080) Not allowed' Land Use See Part 7 for land use definitions. IG Specific Use Regulations See Chapter 20.12 for unlisted uses. Food Processing Handicraft Industry P Industry Small - 10,000 sq. ft. or less P Large - Over 10,000 sq. ft. MUP Personal Storage (Mini Storage) MUP Research and Development, General P Research and Development, Restricted MUP Warehousing Small - 10,000 sq. ft. or less P Large - Over 10,000 sq ft MUP Wholesaling Recreation, Education, and Public Assembly Uses Assembly /Meeting Facilities Trade Retail Uses Alcohol Sales (off -sale) P CUP MUP 20.48.030 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 Retail Sales P ATM's P Offices - Business and Professional P Ambulance Services P Animal Sales and Services Newport Beach Zoning Code, Title 20 October 2010 Industrial Zoninq District TABLE 2 -12 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. 20.24 IG I Specific Use Regulations Animal Boarding /Kennels Industrial Zoning District 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 * IG I Specific Use Regulations Animal Boarding /Kennels MUP 20.48.050 Animal Grooming P 20.48.050 Animal Hospitals /Clinics MUP 20.48.050 Animal Retail Sales P 20.48.050 Catering Services P Marine Services Boat Storage MUP Boat Yards MUP Eating and Drinking Establishments Take -Out Service - Limited P 20.48.090 Funeral Homes and Mortuaries CUP Health /Fitness Facilities Small - 2,000 sq. ft. or less P Large - Over 2,000 sq. ft. MUP Laboratories P Maintenance and Repair Services P Marine Services Boat Storage MUP Boat Yards MUP Personal Services Studios P Postal Services P P Printing and Duplicating Services P CUP Recycling Facilities Collection Facility - Large Collection Facility - Small CUP 20.48.160 MUP 20.48.160 Communication Facilities P Heliports and Helistops (1) CUP Parking Facilities P Utilities, Minor P Utilities, Major CUP Wireless Telecommunication Facilities Vehicle Rental, Sale, and Service Uses Municipal Code Chapter 15.70 October 2010 Newport Beach Zoning Code, Title 20 20.24 Industrial Zoninq District TABLE 2 -12 ALLOWED USES AND PERMIT P CUP REQUIREMENTS MUP LTP Land Use See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. Vehicle /Equipment Rentals Industrial Zoning District Permit Requirements Permitted By -Right Conditional Use Permit (20.66.090) Minor Use Permit (20.66.090) Limited Term Permit (20.66.080) Not allowed * IG I Specific Use Regulations Office Only P Limited P Vehicles for hire CUP Vehicle /Equipment Rentals and Sales MUP Vehicle /Equipment Repair General CUP Limited MUP Vehicle /Equipment Services Automobile Washing /Detailing Service Stations Vehicle Storage Other Accessory Structures and Uses MUP CUP 20.48.210 MUP P Caretaker Residence P Drive - Through Facilities CUP 20.48.080 Outdoor storage and display MUP 20.48.140 Special Events Municipal Code Chapter 11.03 Temporary Uses LTP 20.52.040 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). (1) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. t Newport Beach Zoning Code, Title 20 October 2010 Industrial Zoninq District 20.24 20.24.030 — Industrial 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 Table 2 -13, in addition to the development standards in Part 3 (Site Planning and Development Standards). TABLE 2 -13 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICT Development Feature Additional Requirements Lot Dimensions Minimum dimensions required for each NEWLY CREATED lot. 10,000 sq. ft. Lot Area 0 Lot Width The distances below are minimum setbacks required for primary Setbacks structures. See Section 20.30. 110 (Setback Regulations for setback measurement, allowed projections into and Exceptions) setbacks, and exceptions. Front 15 ft. 0 Side (Interior) Adjoining a nonindustrial 10 ft. zoning district Side (Street side) 15 ft. 0 Rear Adjoining a nonindustrial 10 ft. zoning district Floor Area Ratio 0.75, or specified on the Official Zoning Map Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height Height measurement requirements. See Section 20.30.060.8 (Increase in Height Limit) for possible increase in height limit. 32 ft. with flat roof, less than 3/12 roof pitch 37 ft. with sloped roof, 3/12 roof pitch or greater Fencing See Section 20.30.040 (Fences,. Hedges, Walls; and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). October 2010 Newport Beach Zoning Code, Title 20 20.24 Industrial Zonina District TABLE 2 -13 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICT Development Feature Additional Requirements Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor storageidisplay See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off - Street Parking). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.26 — Special Purpose Zoning Districts [OS, PC, PF, PI, and PR1 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 to maintain and protect the community's natural open space resources; and 2. 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 maintaining the spirit and intent of this Zoning Code; and to include a variety of land uses, consistent with the General Plan, through the adoption of a development plan and related text that provides 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, 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 assembly /meeting facilities (e.g., religious assembly), congregate care homes, cultural institutions, health care facilities, marinas, 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. October 2010 Newport Beach Zoning Code, Title 20 20.26 Zonina Districts 20.26.020 – Special Purpose Zoning Districts Land Uses and Permit Requirements A. Allowed land uses. Table 2 -14 indicates 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. The last column in the tables ( "Specific Use Regulations ") may include a reference to additional regulations that apply to the use. Newport Beach Zoning Code, Title 20 October 2010 Special Purpose Zoning Districts TABLE 2 -14 ALLOWED USES AND P REQUIREMENTS Special Purpose 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 . 20.26 Land Use Commercial Recreation and Entertainment — - -- MUP CUP Specific Use See Part 7 for land use definitions. OS PF PI PR Regulations See Chapter 20.12 for unlisted uses. - -- MUP MUP MUP Assembly /Meeting Facilities - -- MUP MUP MUP Commercial Recreation and Entertainment — - -- MUP CUP Cultural Institutions - -- MUP MUP MUP Parks and Recreational Facilities Active - -- MUP MUP MUP Passive MUP MUP MUP MUP Marine and Wildlife Preserves MUP - -- - -- - -- Schools, Public and Private Congregate Care Home - -- - -- MUP - -- MUP MUP - -- - -- Convalescent Facilities - -- - -- MUP - -- Day Care, General — MUP MUP - -- 20.48.070 Emergency Health Facility /Urgent Care - -- - -- MUP - -- Hospital -- — MUP - -- Residential Care, Accessory Use Only .- Alcohol Sales (on- sale), Accessory Only I MUP MUP MUP - -- CUP Eating and Drinking Establishments Accessory (open to public) --- --- MUP MUP 20.48.090 Emergency Shelters - -- I - -- P -- 20.48.100 Governmental Facilities MUP - -- I MUP Marine Services - Boat Storage and Boat MUP MUP MUP Yard, accessory only Parking Facilities, Accessory Only Heliports and Helistops (1) Marinas MUP MUP MUP MUP MC Title 17 October 2010 Newport Beach Zoning Code, Title 20 20.26 TABLE 2 -14 ALLOWED USES AND P REQUIREMENTS Zonino Districts Special Purpose 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 * Land Use See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. Specific Use OS PF PI PR Regulations Marina Support Facilities - -- MUP MUP MUP Utilities, Minor P P P P Utilities, Major CUP CUP CUP CUP Wireless Telecommunication Facilities Other Uses Accessory Structures and Uses Municipal Code Chapter 15.70 MUP MUP MUP MUP Special Events Municipal Code Chapter 11.03 Temporary Uses LTP LTP LTP I LTP 20.52.040 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). (1) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. 20.26.030 — Special Purpose Zoning Districts General Development Standards A. PI Zoning District. 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 Table 2 -15, in addition to the development standards in Part 3 (Site Planning and Development Standards). B. Other Zoning Districts. Except for the PI zoning district, the development standards for all other special purpose zoning districts shall be established during review of the required permit (e.g., Conditional Use Permit, or Minor Use Permit). Newport Beach Zoning Code, Title 20 October 2010 Special Purpose Zoning Districts TABLE 2 -15 DEVELOPMENT STANDARDS FOR PUBLIC INSTITUTIONAL ZONING DISTRICT 20.26 Development Feature pl Additional Requirements Lot Area N/A Minimum setbacks shall be established by the applicable use permit. Setbacks See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. Floor Area Ratio As specified on the Zoning Map See Section 20.30.060 (Height Limits and Exceptions) for height Height measurement requirements. See Section 20.30.060.8 (Increase in Height Limit) for possible increase in height limit. Within Shoreline Height 26 ft. with flat roof; less than 3/12 pitch Limit Zone 31 ft. with sloped roof; 3/12 or greater pitch Not within Shoreline Height 32 ft. with flat roof; less than 3/12 pitch Limit Zone 37 ft. with sloped roof; 3/12 or greater pitch Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor storage /display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off - Street Parking). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions) October 2010 Newport Beach Zoning Code, Title 20 20.26 Zonina Districts — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.28 — Overlay Zoning Districts [MHP, PM, B, and C] 20.28.010 — Purposes of Overlay Zoning Districts 20.28.020 — Mobile Home Park (MHP) Overlay Zoning District 20.28.030 — Parking Management (PM) Overlay District 20.28.040 — Bluff (B) Overlay District 20.28.050 — Reserved 20.28.010 — Purposes of Overlay Zoning Districts The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g. setbacks, height) of the underlying zoning district in addition to the standards provided in this Chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this Chapter the most restrictive standard shall prevail. A. MHP (Mobile Home Park) Overlay Zoning District. The MHP overlay zoning district is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM overlay zoning district is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. C. Bluff (B) Overlay Zoning District. The B overlay district is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 (Maps). 20.28.020 — Mobile Home Park (MHP) Overlay Zoning District A. Uses allowed. Uses allowed in the MHP Overlay Zoning District include only those uses listed below. When an MHP Overlay Zoning District is applied to an area, all uses previously allowed in the underlying zoning district are no longer allowed. 1. Mobile home parks. Mobile home parks as regulated by the State of California. 2. Accessory structures and uses. Accessory structures and uses incidental to the operation of mobile home parks (e.g., recreation facilities and /or community centers of a non - commercial nature, either public or private, storage facilities for the use of the mobile home park residents, and any other structures or uses that are incidental to the operation of a mobile home park). October 2010 Newport Beach Zoning Code, Title 20 20.28 Zonina Districts B. Removal of the Mobile Home Park Overlay District. The Council shall not approve a Zoning Map amendment that would remove the MHP designation from a property, unless all of the following findings have first been made: 1. The proposed zoning is consistent with the General Plan, and in the event the proposed zoning is Planned Community, the PC development plan has been submitted and is consistent with the General Plan; 2. The property which is the subject of the Zoning Map amendment would be more appropriately developed in compliance with the uses allowed by the underlying base zoning, or proposed zoning, and if the underlying base zoning or proposed zoning is Planned Community, that a PC development plan has been submitted and the property would be more appropriately developed with the uses specified in that development plan; and 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the California Government Code. a. A phase out plan shall not be found to be acceptable unless it includes all of the following: (1) A time schedule and method by which existing mobile homes, cabanas, ramadas, and other substantial improvements and tenants are to be relocated or appropriately compensated; (2) Methods of mitigating the housing impacts on tenants having low and moderate incomes, elderly tenants, and tenants who are handicapped; and (3) The programs or other means that are to be implemented properly address the housing impacts on those described in Subparagraph (2), above, are mitigated. b. For purposes of this finding, 'low and moderate incomes" shall be defined in compliance with the provisions of the City's Housing Element. 20.28.030 — Parking Management (PM) Overlay District A. Parking management district plan required. Before approving an amendment reclassifying land to a PM Overlay District, the Commission and Council shall approve a parking management district plan. B. Establishment of parking management program(s). The parking management district plan shall identify existing and planned parking facilities and establish parking management programs necessary to adequately serve the parking needs of the area. C. Exemptions. The parking management district plan shall also include a formula or procedure establishing the extent to which properties shall be exempted from the requirements of Chapter 20.40 (Off- Street Parking). JJL&-^JIR Newport Beach Zoning Code, Title 20 October 2010 Zonina Districts 20.28.040 — Bluff (B) Overlay District 'rlr1y7:3 A. Applicability. This Section applies to lots located in the Bluff (B) Overlay District as indicated on the Zoning Map. All development shall comply with the applicable development standards (e.g. setbacks, height) of the underlying zoning district in addition to the standards provided in this Section. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this Section the most restrictive standard shall prevail. B. Uses allowed. Land uses allowed in the B overlay district are all those uses allowed in the underlying zoning district. C. Development area defined. For the purpose of this Section the development area of a lot is an area delineated for the purpose of regulating the placement and location of structures. Each lot within the B overlay district shall be divided into two or more development areas. Development areas are delineated on the Development Area Maps in Part 8 and are consistent with the development areas listed in Subsection D, below. The setbacks provided in Tables 2 -2 and 2 -3 in Section 20.18.030 (Residential Zoning Districts Development Standards) are not used to determine development areas, but are only used to determine the maximum floor area limit for the lot, if applicable. 1. Development Area A - Principal and accessory structures. Area A allows for the development and use of principal and accessory structures. Accessory structures allowed in Areas B and C are allowed in Area A. 2. Development Area B - Accessory structures. Area B allows for the development and use of accessory structures listed below. Principal structures are not allowed. a. Allowed accessory structures. The following accessory structures are allowed in Area B: (1) accessory structures allowed in Area C are allowed within Area B. (2) barbeques (3) decks (4) detached or attached patio covers (solid or lattice) (5) fences, walls, and retaining walls in compliance with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) (6) fireplaces and fire pits (7) gazebos (8) outdoor play equipment (9) patios (10) platforms (11) porches (12) spas and hot tubs (13) swimming pools (14) terraces (15) similar structures October 2010 Newport Beach Zoning Code, Title 20 20.28 Overlav Zonina Districts b. Development standards for accessory structures. The following development standards apply to Area B: (1) Covered accessory structures (e.g., trellis, gazebos, patio covers) shall not exceed 12 feet in height from existing grade or finished grade or exceed 400 square feet in cumulative total area. (2) Retaining walls shall comply with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). 3. Development Area C — Limited accessory structures. Area C allows for the development and use of limited accessory structures. The following accessory structures are allowed in Area C: a. benches b. drainage devices C. guardrails and handrails required by building code d. landscaping /irrigation systems e. on -grade trails f. on -grade stairways g. property line fences and walls, not including retaining walls h. underground utilities i. similar structures. D. Location of development areas. The development areas are listed below and depicted in the referenced map exhibits located in Part 8. The placement of structures and grading is limited by development areas as defined in this Section and in Subsection C, above. The development areas for each parcel are polygons established by the property lines and the following development lines. (See Part 8, Map Exhibits 1 -8) All contour lines refer to NAVD88 contours. 1. Map 1 - Kings Place a. Kings Place (104 -112 and 204 -224) (1) Development Area A. Between the front property line adjacent to Kings Place and the development line established at an elevation that is 16 feet below the average elevation of the top of the curb adjacent to the lot. (2) Development Area C. All portions of the lot not located in Area A. b. Kings Place (116 -200) (1) Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map. (2) Development Area B. All portions of the lot not located in Area A or C. Newport Beach Zoning Code, Title 20 October 2010 Zonina Districts 'rl��Il (3) Development Area C. Between the down slope boundary of Area A and a development line established at the 26 -foot contour line ". (4) Additional development standards. Sport courts are allowed in Area B. Enclosed accessory structures that do not exceed 12 feet in height from existing or finished grade and do not exceed 400 square feet (cumulative) in area shall be allowed in Area B. 2. Map 2 - Irvine Terrace a. Dolphin Terrace (1) Development Area A. Between the front property line adjacent to Dolphin Terrace and a 10 -foot setback from the top of the existing bluff. (2) Development Area B. Between the 10 -foot setback from the top of the existing bluff and a line established at an elevation that is 13 feet below the average elevation of the top of the curb adjacent to the lot. (3) Development Area C. All portions of the lot not located in Areas A and B. 3. Map 3 - Irvine Terrace a. Bayadere Terrace (1607) (1) Development Area A. The extent of the existing principal structure. (2) Development Area B. Between the extent of the existing development and a development line established at an elevation that is 13 feet below the average elevation of the top of the curb adjacent to the lot. (3) Development Area C. All portions of the lot not located in Areas A and B. b. Bayadere Terrace (1615 -1638) (1) Development Area A. Between the front property line adjacent to Bayadere Terrace and the 48 -foot contour line'. (2) Development Area B. Between the 48 -foot contour line" and a development line established at an elevation that is 13 feet below the average elevation of the top of the curb adjacent to the lot. (3) Development Area C. All portions of the lot not located in Areas A and B. October 2010 Newport Beach Zoning Code, Title 20 20.28 Zonina Districts C. Bayadere Terrace (1701 -2201) (1) Development Area A. Between the front property line adjacent to Bayadere Terrace and the 50 -foot contour line *. (2) Development Area B. Between the 50 -foot contour line and a development line established at an elevation that is 13 feet below the average elevation of the top of the curb adjacent to the lot. (3) Development Area C. All portions of the lot not located in Areas A and B. 4. Map 4 - Avocado Avenue /Pacific Drive a. Avocado Avenue (1) Development Area A. Above the 68 -foot contour line for 415 Avocado Avenue, above the 50 -foot contour line for 411 Avocado Avenue and the prolongation of such contour line along the shortest segment to the 50 -foot contour line* for 401 Avocado Avenue. (2) Development Area C. Below the 68 -foot contour line at 415 Avocado Avenue, 50 -foot contour line at 411 Avocado Avenue, and below the 35 -foot contour line* along 401 Avocado Avenue. b. Pacific Drive (2235 -2329) (1) Development Area A. Between the front property line adjacent to Pacific Drive and the 53 -foot contour line.* (2) Development Area C. All portions of the lot not located in Area A. 5. Map 5 - Carnation Avenue a. Carnation Avenue (201 -233) (1) Development Area A. Between the front property line adjacent to Carnation Avenue and the 50.7 -foot contour line.* (2) Development Area C. All portions of the lot not located in Area A. b. Carnation Avenue (239 -317) (1) Development Area A. As indicated by the specified distance (in feet) from the front property line adjacent to Carnation Avenue on the development area map. (2) Development Area B. Between the Area A development line and the 70 -foot contour line.* Newport Beach Zoning Code, Title 20 October 2010 Zonina Districts �Ir�II (3) Development Area C. All portions of the lot not located in Area A or B. (4) Additional Development standards. If Area A overlaps Area B, the area of overlap shall be regulated as Area A. 6. Map 6 - Ocean Boulevard /Breakers Drive a. Breakers Drive (3100- 3200): (1) Development Area A. Between the 52 -foot contour line* and the property line adjacent to Breakers Drive. (2) Development Area B. Between the 48 -foot contour line* and the 33 -foot contour line *. (3) Development Area C. All portions of the lot not located in Area A or B. (4) Additional development standards. Structure height may not exceed the 52 -foot contour line.* No fences or wall allowed in Area C. b. Ocean Boulevard (3207 -3309) (1) Development Area A. Between the 48 -foot contour line* and the property line adjacent to Ocean Boulevard and between the 33- foot contour line* and the property line adjacent to Breakers Drive. (2) Development Area C. Between the 33 -foot and 48 -foot contour lines.* (3) Additional development standards. Covered walkways connecting a conforming garage and principal structure are allowed in Area C. C. Ocean Boulevard (3317 -3431) (1) Development Area A. Between the 48 -foot contour line* and the property line adjacent to Ocean Boulevard. (2) Development Area B. Between the 48 -foot contour line and the 38 -foot contour line.* (3) Development Area C. All portions of the lot not located in Area A or B. (4) Additional Development standards. No fences or walls in Area C. d. Ocean Boulevard (3601 -3729) October 2010 Newport Beach Zoning Code, Title 20 20.28 Overlav Zonina Districts (1) Development Area A. Between the property line adjacent to Ocean Boulevard and the seaward extent of the existing development area. (2) Development Area C. All portions of the lot not located in Area A. (3) Additional Development standards. New development shall not extend further onto the bluff face beyond existing development. 7. Map 7 - Shorecliffs a. Shorecliff Road (1) Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map. (2) Development Area B. Between the seaward boundary of Area A and a line established by a 10 -foot setback from the bluff edge (Not all lots have an Area B). (3) Development Area C. All portions of the lot not located in Area A or B. (4) Additional Development standards. If Area A overlaps Area B, the area of overlap shall be regulated as Area A. No fences or walls shall be allowed in Area C. 8. Map 8 - Cameo Shores a. Brighton Road (1) Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map. (2) Development Area B. Between the seaward boundary of Area A and a line established by a 10 -foot setback from the bluff edge (Not all lots may have an Area B). (3) Development Area C. All portions of the lot not located in Area A or B. (4) Additional Development standards. If Area A overlaps Area B, the area of overlap shall be regulated as Area A. No fences or walls shall be allowed in Area C. 'all contour lines refer to NAVD88 contours E. Basements. Basements are allowed in Area A and may be constructed at an elevation (NAVD88) below any specified contour elevation. Basements shall not daylight on the bluff or slope face beyond Area A. Newport Beach Zoning Code, Title 20 October 2010 Zonina Districts 20.28 F. Grading — all development areas. Grading is limited to the minimum necessary for the construction and placement of allowed structures. G. Encroachments. Above grade encroachments. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A into Area B without limitation provided they do not require ground support. Balconies, bay windows, eves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A or Area B into Area C provided they do not require ground support and encroach no farther than 5 feet into Area C and comply with any required minimum setbacks. 2. Subterranean structural encroachments. Foundations, basement walls, structural supports, and shoring for principal structures may encroach a maximum of 24 inches into an adjacent development area (B or C). H. Non - conforming structures. Principal and accessory structures that do not conform to the development standards of this Chapter shall comply with Section 20.38.040 (Nonconforming Structures) of this zoning code. Adjustment of development area boundary. Reduced development area(s). A bluff development area shall be reduced whenever necessary to: a. Ensure safety and stability against slope failure (i.e., landsliding) for the economic life of a development. At a minimum, the development area shall be adjusted to ensure a slope stability factor greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff, whichever is further landward; and b. Ensure that the principal structures are safe from hazards due to erosional factors for the economic life of the building. 2. Increased development area(s). A development area's boundaries may be adjusted through the approval of a Site Development Review in compliance with Section 20.52.080 (Site Development Review) to allow structures and grading not otherwise allowed. In addition to the Site Development Review findings, all of the following findings shall also be made: a. The increased bluff development area will ensure a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff or canyon, whichever is farther landward; b. The increased bluff development area will provide adequate protection from erosion factors for the economic life of the development; October 2010 Newport Beach Zoning Code, Title 20 20.28 Overlav Zonina Districts C. The increased bluff development area will be compatible and consistent with surrounding development; and d. The increased bluff development area will not have an impact on public views, sensitive habitat areas, and is not otherwise detrimental to the general public health and welfare. 20.28.050 — Reserved Newport Beach Zoning Code, Title 20 October 2010 Part 3 Site Planning and Development Standards Table of Contents Chapter 20.30 — Property Development Standards .................................. ............................3 -5 20.30.010 — Purpose and Applicability ....................................................... ............................3 -5 20.30.020 — Buffering and Screening ......................................................... ............................3 -5 20.30.030 — Reserved ................................................................................ ............................3 -7 20.30.040 — Fences, Hedges, Walls, and Retaining Walls ........................ ............................3 -7 20.30.050 — Grade Establishment ............................................................. ...........................3 -10 20.30.060 — Height Limits and Exceptions ................................................ ...........................3 -13 20.30.070 — Outdoor Lighting ................................................................... ...........................3 -18 20.30.080 — Noise ..................................................................................... ...........................3 -19 20.30.090 — Public Access to Bay Front . ..................................... ................ ........................ 3 -20 20.30.100 — Public View Protection .......................................................... ...........................3 -21 20.30.110 —Setback Regulations and Exceptions ................................................ ............... 3 -22 20.30.120 — Solid Waste and Recyclable Materials Storage .................... ...........................3 -29 20.30.130 — Traffic Safety Visibility Area .................................................. ...........................3 -32 Chapter 20.32 — Density Bonus ................................................................. ...........................3 -35 20.32.010 — Purpose ................................................................................. ...........................3 -35 20.32.020 — Eligibility for Density Bonus and Incentives ........................... ...........................3 -35 20.32.030— Allowed Density Bonuses ...................................................... ...........................3 -36 20.32.040 — Parking Requirements in Density Bonus Projects ................. ...........................3 -41 20.32.050 —Allowed Incentives ................................................................ ...........................3 -42 20.32.060 — Incentives for Housing with Child Care Facilities ............................. ................ 3 -43 20.32.070 — Design and Distribution of Affordable Units . .................................................... 3 -44 20.32.080 — Continued Availability ............................................................ ...........................3 -44 20.32.090 — Occupancy and Resale of Common Interest Units . ......................................... 3 -44 20.32.100 — Affordable Housing Agreement ............................................. ...........................3 -45 Chapter 20.34 — Conversion or Demolition of Affordable Housing ........ ...........................3 -47 20.34.010 — Purpose ................................................................................. ...........................3 -47 20.34.020 — Applicability ........................................................................... ...........................3 -47 20.34.030 — Exemptions ........................................................................... ...........................3 -47 20.34.040 — Review Authority ................................................................... ...........................3 -48 20.34.050 — Replacement of Affordable Housing ..................................... ...........................3 -48 20.34.060 — Determining Requirements for Replacement Units ............... ...........................3 -49 20.34.070 — Feasibility Analysis ........... ................................................................................ 3 -50 20.34.080 — Administration and Feasibility Analysis Fees ........................ ...........................3 -50 20.34.090 — Findings to Conclude that Replacement of Units is Not Feasible . ................... 3 -51 20.34.100 — Affordable Housing Agreement ............................................. ...........................3 -51 Chapter 20.36 — Landscaping Standards .................................................. ...........................3 -53 20.36.010 — Purpose ................................................................................. ...........................3 -53 October 2010 Newport Beach Zoning Code, Title 20 Part 3 — Site Planning and Development Standards 20.36.020 — Applicability ........................................................................... ...........................3 -53 20.36.030 — Exempt Projects . .............................................................................................. 3 -53 20.36.040 — Alternatives to Requirements . .......................................................................... 3 -54 20.36.050 — General Landscape Standards ............................................. ...........................3 -54 20.36.060 — Landscape and Irrigation Plans ............................................. ...........................3 -55 20.36.070 — Landscape and Irrigation Plan Standards . ....................................................... 3 -55 Chapter 20.38 — Nonconforming Uses and Structures ............................ ...........................3 -59 20.38.010 — Purpose ................................................................................. ...........................3 -59 20.38.020 — Applicability ....................................................... ............................................... 3 -59 20.38.030 — Determination of Nonconformity ............................................ ...........................3 -60 20.38.040 — Nonconforming Structures .................................................... ...........................3 -60 20.38.050 — Nonconforming Uses ................... ..................... ................................................ 3 -62 20.38.060 — Nonconforming Parking .................. .................................................................. 3 -62 20.38.070 — Landmark Structures ............................................................. ...........................3 -64 20.38.080 — Repair of Damaged or Partially Destroyed Nonconformities . ...........................3 -65 20.38.090— Termination of Nonconforming Status ................................... ...........................3 -66 20.38.100 — Abatement Periods ............................................................... ...........................3 -67 Chapter 20.40 — Off - Street Parking ............................................................ ...........................3 -73 20.40.010 — Purpose ................................................................................. ...........................3 -73 20.40.020 — Applicability ........................................................................... ...........................3 -73 20.40.030 — Requirements for Off - Street Parking ..................................... ...........................3 -74 20.40.040 — Off - Street Parking Spaces Required ........................................................ ........ 3 -75 20.40.050 — Parking Requirements for Shopping Centers ........................ ...........................3 -79 20.40.060 — Parking Requirements for Food Service Uses ...................... ...........................3 -80 20.40.070 — Development Standards for Parking Areas ........................... ...........................3 -81 20.40.080 — Parking for Nonresidential Uses in Residential Zoning Districts ......................3 -86 20.40.090 — Parking Standards for Residential Uses ............................... ...........................3 -87 20.40.100 — Off -Site Parking ..................................................................... ...........................3 -89 20.40.110 — Adjustments to Off - Street Parking Requirements ......................... ................... 3 -90 20.40.120 — Parking Management Districts .............................................. ...........................3 -91 20.40.130 — In -lieu Parking Fee ................................................................ ...........................3 -91 Chapter 20.42 — Sign Standards ................................................................ ...........................3 -93 20.42.010 — Purpose ................................................................................. ...........................3 -93 20.42.020 — Effect of Chapter ............................................... ............................................... 3 -94 20.42.030 — General Provisions ................................................................ ...........................3 -95 20.42.040 — Definitions ............................................................................. ...........................3 -96 20.42.050 — Prohibited Signs ....................................... ...................................................... 3 -103 20.42.060 — Provisions Applying to All Sign Types .............................. ..............................3 -104 20.42.070 — Standards for Permanent Signs ........................................................ ............. 3 -106 20.42.080 — Standards for Specific Types of Permanent Signs ........... ..............................3 -113 20.42.090 — Standards for Temporary Signs ....................................... ..............................3 -124 20.42.100 — Procedures for Sign Approval, Exemptions, and Revocations .......................3 -128 20.42.110 — Modification Permit ........................................................... ..............................3 -131 20.42.120 — Comprehensive Sign Program ......................................... ..............................3 -131 20.42.130 — Innovative Sign Program .................................................. ..............................3 -133 20.42.140 — Nonconforming Signs ....................................................... ..............................3 -134 20.42.150 — Abandoned Signs ........................ ..................... .............................................. 3 -135 20.42.160 — Illegal Signs ...................................................................... ..............................3 -136 20.42.170 — Maintenance Requirements ............................................. ..............................3 -136 20.42.180 — Heritage Signs ......................................................... ...................................... 3 -137 Newport Beach Zoning Code, Title 20 October 2010 Part 3 — Site Planning and Development Standards Chapter 20.44 — Transportation Demand Management Requirements ...........................3 -141 20.44.010 — Purpose ............................................................................ ..............................3 -141 20.44.020 — Applicability ...................................................................... ..............................3 -141 20.44.030 — Transportation Demand Management Program ............... .............................. 3 -141 20.44.040 — Employment Generation Factors ..................................... ..............................3 -142 20.44.050 — Site Development Requirements... ................................................................ 3-142 20.44.060 — Equivalent Facilities or Measures . ................................................................. 3-143 20.44.070 — Enforcement and Penalties . ........................................................................... 3 -143 Chapter 20.46 — Transfer of Development Rights ............................... ..............................3 -145 20.46.010 — Purpose ............................................................................ ..............................3 -145 20.46.020 — Applicability ....................................................... ............................................. 3 -145 20.46.030 — General Requirements ..................................................... ..............................3 -145 20.46.040 — Procedures ....................................................................... ..............................3 -145 20.46.050 — Findings ........................... .............................................................................. 3 -146 Tables Table 3 -1 Maximum Height of Fences, Hedges, and Walls ..................... ............................3 -7 Table 3 -2 Significant Noise Increase ...................................................... ...........................3 -20 Table 3 -3 Encroachments ....................................................................... ...........................3 -27 Table 3 -4 Multi -Unit Development Minimum Common Storage Areas Required (Sq. Ft.). 3-30 Table 3 -5 Nonresidential Structures Minimum Storage Areas Required (Sq. Ft) ..............3 -30 Table3 -6 Very Low - Income .................................................................... ...........................3 -36 Table3 -7 Low - Income ............................................................................ ...........................3 -37 Table3 -8 Moderate - Income ....................................................... ........................................ 3 -38 Table 3 -9 Very Low - Income .........................................._......................... ...........................3 -39 Table 3 -10 Off - Street Parking Requirements ........................................... ...........................3 -75 Table 3 -11 Parking Setback from Alley ................................................... ...........................3 -81 Table 3 -12 Minimum Standard Parking Space Size ............................... ...........................3 -82 Table 3 -13 Standard Vehicle Space Requirements ................................... ........................ 3 -82 Table 3 -14 Minimum Interior Dimensions ............................................... ...........................3 -87 Table 3 -15 Signs Allowed in Residential Zoning Districts .................. ..............................3 -107 Table 3 -16 Signs Allowed in Commercial and Industrial Zoning Districts ........................3 -108 Table 3 -17 Signs Allowed in OS, PI, PR, and PF Zoning Districts ..... ..............................3 -110 Table 3 -18 Temporary Signs .............................................................. ..............................3 -124 October 2010 Newport Beach Zoning Code, Title 20 Part 3 — Site Planning and Development Standards — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.30 — Property Development Standards Sections 20.30.010 — Purpose and Applicability 20.30.020 — Buffering and Screening 20.30.030 — Reserved 20.30.040 — Fences, Hedges, Walls, and Retaining Walls 20.30.050 — Grade Establishment 20.30.060 — Height Limits and Exceptions 20.30.070 — Outdoor Lighting 20.30.080 — Noise 20.30.090 — Public Access to Bay Front. 20.30.100 —Public View Protection 20.30.110 — Setback Regulations and Exceptions 20.30.120 — Solid Waste and Recyclable Materials Storage 20.30.130 — Traffic Safety Visibility Area 20.30.010 — Purpose and Applicability The purpose of this Chapter is to ensure that development is consistent with the General Plan, complies with the standards of this Chapter, produces an environment that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties. The standards of this Chapter apply to all zoning districts. These standards shall be considered in combination with the standards for each zoning district in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards), and Part 4 (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the zoning district or specific land use shall override these general standards. All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined applicable by the Director. 20.30.020 — Buffering and Screening This Section provides standards for the screening and buffering of adjoining land uses, equipment, and outdoor storage areas. Multi -unit residential and nonresidential land uses shall comply with the requirements of this Section. A. Roof - mounted and ground- mounted mechanical equipment. 1. Screening required. The screening of roof - mounted and ground- mounted mechanical equipment is required in all zoning districts at the time of new installation or replacement. Roof - mounted and ground- mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust vents, swimming pool and spa pumps and filters, transformers and generators, and similar equipment, but excluding solar collectors and related equipment), shall be screened from public view and adjacent residential districts, and shall comply with the requirements below. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards 2. Roof - mounted mechanical equipment. a. Screening. Roof- mounted mechanical equipment shall not be visible in any direction (360 degrees) from a public right -of -way or adjacent residential property, as may be seen from a point 6 feet above ground level. In addition, screening of the top of roof - mounted mechanical equipment may be required by the Director, if necessary to protect views from a residential zoning district located at a higher elevation. b. Height limit. Roof - mounted mechanical equipment and screening shall be subject to the height limitations of Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) and any height limit exceptions in Section 20.30.060 (Height Limits and Exceptions). C. Screening methods. Screening of roof - mounted equipment shall be accomplished with mechanical roof wells recessed below the roof line or by solid and permanent roof - mounted screens. Screening shall be compatible with the architectural style, materials, and color of the building upon which the equipment is located, subject to the approval of the Department. Ground - mounted mechanical equipment. a. Screening. Ground - mounted mechanical equipment shall be screened from any public rights -of -way and /or public property as seen from a point 6 feet above ground level. b. Setback required. Ground - mounted mechanical equipment and screening, except landscaping, shall be subject to the setback requirements of Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) and any allowed encroachments in Section 20.30.110 (Setback Regulations and Exceptions). C. Screening methods. Screening of ground- mounted mechanical equipment shall be accomplished with fences, walls, solid hedges, or other methods approved by the Department. Chain link fencing with or without slats is not allowed. 4. Sound rating. Roof - mounted and ground- mounted mechanical equipment shall be subject to Municipal Code Section 10.26.025 (Exterior Noise Standards). 5. Mixed -Use and commercial zoning districts. Mechanical equipment within mixed -use or commercial zoning districts shall be located so that the impact of noise on residential uses within the development and on adjacent residential uses is minimized to the greatest extent feasible in compliance with Municipal Code Section 10.26.025 (Exterior Noise Standards). 6. Maintenance required. Screening shall be maintained in good condition at all times. Landscaping used as screening shall provide a dense, year -round screen. Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 B. Outdoor storage areas. Where equipment, material, or merchandise is allowed to be stored outdoors these items shall be screened from public view and adjacent residential districts with fences, walls, solid hedges, or other methods approved by the Department. Chain link fencing with or without slats is not allowed. C. Solid waste storage areas. Screening of solid waste storage areas and trash receptacles shall be provided in compliance with the requirements of Section 20.30.120 (Solid Waste and Recyclable Materials Storage). D. Screening and buffering between different zoning districts. 1. Nonresidential use. Where a nonresidential zoning district abuts a residential zoning district, a solid masonry wall a minimum of 6 feet in height shall be required. 2. Industrial use. Where an industrial zoning district abuts a residential zoning district, a solid masonry wall a minimum of 8 feet in height shall be required. 20.30.030 — Reserved 20.30.040 — Fences, Hedges, Walls, and Retaining Walls This Section provides standards for the provision of fences, hedges, walls, and retaining walls. A. Maximum height allowed. 1. Fences, hedges, and walls. Maximum heights of fences, hedges, and walls are shown in Table 3 -1. TABLE 3 -1 MAXIMUM HEIGHT OF FENCES. HEDGES. AND WALLS Location Maximum Height Front setback areas. 42 inches. See Subsection B, below. Rear and interior side setback areas. 6 feet in residential and commercial zoning districts. 8 feet in industrial zoning districts adjacent to residential uses. Rear setback area abutting or adjacent to the 42 inches. waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels in West Newport. At intersections of streets, alleys and driveways See Section 20.30.130 (Traffic Safety within traffic sight areas. Visibility Area). October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards 2. Retaining walls. The maximum height of a retaining wall shall be 8 feet measured from finish grade at the base of the wall, not including any required guardrails. A minimum horizontal separation equal to the height of the tallest retaining wall shall be provided between retaining walls, except that the required separation shall not be more than 6 feet. The above requirements shall not apply to retaining walls that are an integral part of principal structures. An increase in the height of a retaining wall may be requested in compliance with Section 20.52.50 (Modification Permits). B. Special area regulations. In front setback areas in Balboa Peninsula, Balboa Island, Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and North Bay Front and South Bay Front on Balboa Island fences and walls shall be allowed to extend to a height of 5 feet, provided that any portion of the fence or wall above 2 feet shall be constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at least 40 percent of the portion of the fence or wall above 2 feet is open. C. Exceptions to maximum height. 1. Grade differential. Where the existing grade of a lot adjacent to the front setback area is more than 24 inches above the adjacent sidewalk (or curb elevation where no sidewalk exists), a maximum 24 -inch high retaining wall shall be allowed to be located at the front property line. Additional retaining walls shall be allowed to a maximum height of 36 inches each provided they are set back a minimum distance of 24 inches from the inward face of the previous retaining wall. Additional retaining walls shall be subject to the same limitation. A maximum 42 -inch guard rail shall be allowed atop the upper most retaining wall for safety purposes, provided the guard rail is constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least 40 percent of the fence is open. See Figure 3 -1. 2. Decorative fence /wall details and lights. a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may be placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts, etc.) provided they are secure and do not extend more than 12 inches above the maximum allowed height. b. The number of decorative items (e.g., finials, pilaster caps, pots, and similar items) and light fixtures shall be limited to not more than one item or fixture for every 6 lineal feet of fence or wall. 3. Fencing for pools and spas. a. Swimming pools, spas, and other similar features shall be fenced in compliance with Municipal Code Title 15. b. Fencing and guardrails for ponds, spas, and swimming pools located in a front setback area, or in the rear and side setback areas regulated as front setback areas on lots with 42 -inch height limitations may be allowed to exceed the height limit in compliance with the following standards: Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 Sidewalk (1) Fences shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least 40 percent of the fence or wall is open. In lieu of the above, glass or Plexiglas may be allowed; and (2) Fence height shall be limited to the minimum required by Municipal Code Title 15. 5110" 40 Percent Open Pedestrian Construction Required 0 in 0 Sidewalk `Existing Grade 40 Percent Open R T Construction v Existing Required Grade 5'10" 2' -0" Pedestrian q in 0 M A Figure 3 -1 Grade Differential at Front Property Line October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards 4. Residential uses adjacent to commercial uses or alleys. For residential lots adjacent to nonresidential zoning districts or commercial alleys fences, walls, or hedges may be up to 8 feet in height in required residential side yards for buffering and /or sound attenuation. D. Measurement of fence or wall height. 1. The height of a fence, hedge, or wall shall be measured from the lowest existing grade at the location where the fence, hedge, or wall is located. 2. Where a fence or wall is constructed on top of a retaining wall the height of the fence or wall shall be measured from the side of the retaining wall with the highest elevation. See Figure 3 -2 Figure 3 -2 Fence Height E. Prohibited fence materials. Barbed wire, electrical fences, razor wire, and other similar materials shall not be allowed in residential zoning districts. 20.30.050 — Grade Establishment This Section provides regulations for establishing the slope and grade of a lot for the purpose of identifying the surface from which to measure structure height to be used in conjunction with the provisions of Section 20.30.060 (Height Limits and Exceptions). Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 A. Establishment of slope. In order to determine which of the two methods to use to establish the grade of the lot from which to measure structure height as provided in Subsection B, below, it is first necessary to determine the slope of the lot as follows: The slope of a lot shall be determined using a 4 -sided polygon that most closely approximates the actual footprint of the proposed structure. The area of the 4- sided polygon shall not be smaller than the footprint of the proposed structure and shall be located entirely within the buildable area of the lot; (See Figure 3 -3) Figure 3 -3 Area for Determining Slope 2. The slope of the polygon shall be determined using the highest and lowest elevation at any of the 4 corners of the polygon and the distance between the respective corners; 3. If the location of the polygon selected by the applicant is not clearly representative of the lot's topography or representative of the prevailing slopes on adjoining lots because of retaining structures or previous excavation /fill, the Director shall establish the appropriate area to be used to determine the slope of the lot. B. Establishment of grade. The grade of a lot shall be established by one of the following methods unless the Director establishes the grade in compliance with Subsection C (Establishment of grade by Director), below. 1. Subdivisions. If the City approves or has approved a grading plan in conjunction with an approved subdivision, the established grade shall be the finished grade as shown on the grading plan or Final Subdivision Map. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards 2. 5 percent or less slope. On lots where the slope of the 4 -sided polygon is 5 percent or less, the grade of the surface from which structure height is measured shall be a plane established using the average of the elevations at each corner of the 4 -sided polygon. Example: A + B + C + D = X; X/4 = Established grade elevation from which to measure structure height. More than 5 percent slope. On lots where the slope of the 4 -sided polygon is greater than 5 percent, the established grade from which structure height is measured shall be a plane established by determining the elevation of the lot at 5 evenly spaced points along each of the 2 side property lines and connecting each of the points along a side property line with the corresponding point on the opposite side property line. b. The 5 evenly spaced points along each side property line shall be located so that one point is located at the intersection of the front setback line with the side property line and another point is located at the intersection of the rear setback line with the side property line. The other 3 points along the side property line shall be located so that all 5 points are equidistant from each other. (See Figure 3 -4) P1 Front Setback _ P2 Buildable Area 4 -sided polygon that approximates P3 the building footprint <- P4 P3 ' Lot Line P4"' 4 " Rea P5�'' Figure 3 -4 Slope Greater than 5% Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 C. On lots that slope an average of 20 percent or greater, or on irregularly shaped or sloping lots, the Director may require that additional points of elevation be provided. C. Establishment of grade by director. If the director finds that the existing grade on the subject lot has been previously altered (e.g., contains retaining structures, property line walls, planters, or excavation /fill), or other conditions are present to the degree that the existing grade is not representative of the prevailing grades on adjoining lots and /or the general area and, therefore, is not appropriate for the purpose of establishing the grade of the subject lot, the director may establish the grade that is reasonable and comparable with the grades of adjoining lots and that will not be detrimental or injurious to property and improvements on adjoining lots. 20.30.060 — Height Limits and Exceptions A. This section establishes regulations for determining compliance with the maximum allowable height limits established for each zoning district by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). B. Height of structures and measurement. 1. Structure height established. Structures shall not exceed the maximum allowable height for the zoning district in which the structure is located, except as provided in Subsection B (Increase in height limit), or Subsection C (Exceptions to height limits), below. 2. Height measurement. Height shall be measured as the vertical distance from the established grade of the pad to the highest part of the structure, including any protective guard rails and parapet walls. Structures with slopping roofs shall be measured to the highest peak of the roof. Structures with flat roofs shall be measured to the top of the roof, guard rail, or parapet wall. The established grade of the pad shall be determined by one of the methods identified in Section 20.30.050 (Grade Establishment). 3. Flood hazard areas. a. Finished first floor elevation. The minimum required finished first floor elevation for interior living areas of all new structures within flood hazard areas shall be as established by the Flood Insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by the Council. Not withstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required ground floor finished floor elevation for interior living areas of all new structures shall be at least 9.00 (NAVD 88). b. Height measurement. The height of a principal structure shall be measured from the elevation of the finished first floor, including habitable floor area over a garage or other nonhabitable space. C. Accessory structures. The height of accessory structures may be measured from either the existing grade of the lot or the elevation established by the Flood Isurance Rate Maps. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards 4. Structures on Ocean Boulevard. New structures and additions /changes to existing structures on the bluff side of Ocean Boulevard in Corona del Mar shall not be constructed to a height greater than the elevation of the adjacent curb. The top of curb height limit shall be established by a plane created by the extension of the top of curb line across each lot. C. Increase in height limit. Procedure. The base height limits established in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) may be increased within specified areas with the adoption of a planned community district, adoption of a specific plan, or approval of a Planned Development Permit, or Site Development Review. The maximum height limit is not guaranteed by right and shall require approval of a discretionary action when all applicable findings are met in compliance with Subparagraph 3, (Required findings), below. Height limits established as part of an adopted Planned Community shall not be subject to this subsection. 2. Height limit areas. The height limit areas shall be as follows; a. R -A, R -1, R -BI, and R -2 zoning districts height limit area. In this height limit area the base height limit for structures with flat roofs is 24 feet (including guard rails and parapet walls) and the base height limit for structures with sloped roofs is 29 feet. The height of a structure may be increased up to a maximum of 28 feet with a flat roof or 33 feet with a sloped roof through the approval of a discretionary application as provided above. This height limit applies in all R -A, R -1, R -BI, and R -2 zoning districts as shown on the Zoning Map. b. RM and RMD zoning districts height limit area. In this height limit area the base height limit for structures with flat roofs is 28 feet (including guard rails and parapet walls) and the base height limit for structures with sloped roofs is 33 feet. The height of a structure may be increased up to a maximum of 32 feet with a flat roof or 37 feet with a sloped roof through the approval of a discretionary application as provided above. This height limit applies in all RM and RMD zoning districts as shown on the Zoning Map. C. Nonresidential, shoreline height limit area. In this height limit area the base height limit for nonresidential and mixed use structures with flat roofs is 26 feet and the base height limit for structures with sloped roofs is 31 feet. The height of a structure may be increased up to a maximum of 35 feet with a flat roof or 40 feet with a sloped roof through the approval of a discretionary application as provided above. The shoreline height limit shall apply to all nonresidential zoning districts and mixed use zoning districts within the boundries of the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Part 8, Map H- 1). d. Nonresidential, nonshoreline height limit area. In this height limit area the base height limit for nonresidential and mixed use structures with flat Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 roofs is 32 feet and the base height limit for structures with sloped roofs is 37 feet. The height of a structure may be increased up to a maximum of 50 feet with a flat roof or 55 feet with a sloped roof through the approval of a discretionary application as provided above. This height limit shall apply to all nonresidential, nonshoreline zoning districts and mixed use zoning districts within its boundaries. The nonresidential, noshoreline height limit area is identified as all of the area ouside the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Part 8, Map H -1). e. High Rise Height Area. In this height limit area, the maximum height limit shall be 300 feet and no further increase to the maximum allowed height is available. This height limit is applicable to all nonresidential zoning districts within its boundaries as indicated on the High Rise and Shoreline height Limit Areas Map (See Part 8, Map H -1). Proposed projects within this height limit area shall comply with the requirements of Subsection E (Airport Environs Land Use Plan for John Wayne Airport and Airport Land Use Commission Review Requirements), below. 3. Required findings. The review authority may adopt a planned community district, adopt a specific plan, or approve a Planned Development Permit, or Site Development Review to allow an increase in the height of a structure above the base height only after first making all of the following findings in addition to the findings required for the discretionary permit application: a. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but not limited to: (1) Additional landscaped open space; (2) Increased setback and open areas; (3) Enhancement and protection of public views; and b. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes; C. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provide a gradual transition to taller or shorter structures on abutting properties; and d. The structure will have no more floor area than could have been achieved without the approval of the height increase. D. Exceptions to Height Limits 1. Assembly and meeting facilities. Structures used as places of worship may be allowed to exceed the height limit subject to the approval of a Site Development Review in compliance with Section 20.52.080. Where more than one structure October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards exists or is proposed for the site, only the principal structure shall be eligible for approval to exceed the maximum height limit. 2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and other decorative roof -top features) of an open nature, but excluding guardrails, parapet walls, and similar features may be allowed up to the height limit for a sloped roof. Architectural features with a height greater than that allowed for a sloped roof shall be subject to the approval of a Modification Permit. 3. Boat cranes. Boat cranes used in conjunction with an approved marine - oriented nonresidential use may be allowed to exceed the maximum height limit up to a maximum operating height of 70 feet, subject to the approval of a Minor Use Permit. 4. Chimneys and vents. Chimneys and spark arrestors for fireplaces and roof - mounted vents shall be allowed to exceed the allowed height limits as follows; a. Chimneys may extend above the allowed height limit a maximum of 2 feet or a greater height if required by the City's Building Code; b. Spark arrestors may extend above the top of a chimney a maximum of 2 feet provided they do not exceed a width of 2 feet and a length of 4 feet; and C. Roof - mounted vents may extend above the allowed height limit a maximum of 12 inches or a greater height if required by the City's Building Code. 5. Dormers. Dormers may be allowed to exceed the maximum height provided that: The total width of the dormer that exceeds the height limit shall not be greater than 35 percent of the length of the side of the structure where the dormer is located; b. The roof pitch of the dormer shall not be less than 2:12; and C. The peak of the dormer shall not be higher than the peak of the roof on which it is located. 6. Elevator shafts, enclosed stairwells. Elevator shafts and enclosed stairwell housings may exceed the allowed height limit by the minimum height required by Municipal Code Title 15 (Building and Construction) provided they do not exceed 30 square feet in area, unless a larger elevator is required by Municipal Code Title 15 and /or Fire Department. In these instances, the area of the elevator or stair housing shall not exceed the minimum size required by Municipal Code Title 15 and /or Fire Department. Elevator shafts and enclosed stairwell housings that exceed 30 square feet in area shall have sloped roofs with a minimum 3/12 pitch. Fences, hedges, and walls. Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) sets forth exceptions to height limits for these structures. Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 Flag poles. a. Ground - mounted flag poles shall be allowed in residential zoning districts to a maximum height of 28 feet and in nonresidential zoning districts to a maximum height of 35 feet. b. Flag poles mounted on tops of buildings located in nonresidential zoning districts shall be allowed to exceed the maximum height limit by up to 20 feet. 9. Landmark buildings. An alteration or addition to a landmark building shall be exempt from height limits, provided that structural alterations or additions that exceed the height of the existing structure shall require approval of a Site Development Review in compliance with Section 20.52.080 and shall not exceed a maximum of 55 feet in height. The Site Development Review may be approved only if all of the following findings are first made in addition to those findings identified on Section 20.52.080: a. The portion of the structural alteration or addition that exceeds the height of the existing structure does not significantly impact public views from public rights -of -way. b. The portion of the structural alteration or addition that exceeds the height of the existing structure will not be used in a manner that increases the intensity of the use of the Landmark Building. C. The allowed height of the Landmark Building will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of the Landmark Building. 10. Light standards. Light standards may be allowed to exceed maximum height limits, subject to the approval of a Site Development Review in compliance with Section 20.52.080. All light fixtures and standards shall comply with the requirements of Section 20.30.070 (Outdoor Lighting). 11. Mechanical equipment. a. Nonresidential zoning districts. In nonresidential zoning districts, roof - mounted mechanical equipment, totaling not more than 30 percent of the total roof area, including required screening devices, shall be allowed to exceed the maximum height limit by up to 5 feet. b. Residential zoning districts. In residential zoning districts, roof- mounted equipment is not allowed to exceed the maximum height limit for the zoning district. 12. Solar equipment. The height limit regulations in this Zoning Code do not apply to equipment and panels used for the production of solar energy. 13. Skylights and roof windows. Skylights or roof windows shall be allowed to exceed the maximum height limit by up to 6 inches on conforming roofs. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards E. Airport Environs Land Use Plan ( AELUP) for John Wayne Airport and Airport Land Use Commission (ALUC) Review Requirements. 1. AELUP requirements. a. Buildings and structures shall not penetrate Federal Aviation Regulation (FAR) Part 77 Obstruction Imaginary Surfaces for John Wayne Airport unless approved by the Airport Land Use Commission (ALUC). b. In compliance with FAR Part 77, applicants proposing buildings or structures that penetrate the 100 :1 Notification Surface shall file a Form 7460 -1, Notice of Proposed Construction or Alteration with the FAA. A copy of the FAA application shall be sumbitted to the ALUC and the applicant shall provide the City with FAA and ALUC responses. 2. Citywide requirements. Development projects that include structures higher than 200 feet above existing grade shall be submitted to the Airport Land Use Commission (ALUC) for review. In addition, projects that exceed a height of 200 feet above existing grade shall file Form 7460 -1 with the Federal Aviation Administration (FAA). 20.30.070 - Outdoor Lighting This Section establishes outdoor lighting standards in order to reduce the impacts of glare, light trespass, over lighting, sky glow, and poorly shielded or inappropriately directed lighting fixtures, and promote safety and encourage energy conservation. A. General outdoor lighting standards. 1. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut -off fixtures. 2. Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited, except if approved as an accessory feature on a temporary basis in conjunction with a Special Event Permit. 3. A photometric study may be required as part on an application for a Zoning Clearance if it is determined that there is potential for a negative impact to surrounding land uses or sensitive habitat areas. 4. If in the opinion of the Director existing illumination creates an unacceptable negative impact on surrounding land uses or sensitive habitat areas the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 B. Light standards within parking lots. Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and eliminate spillover of light and glare onto adjoining properties and roadways. To accomplish this, a greater number of shorter light standards may be required as opposed to a lesser number of taller standards. C. Outdoor lighting standards for buildings, statues, other man -made objects, and landscapes, Spotlighting or floodlighting used to illuminate buildings, statues, signs, or any other objects mounted on a pole, pedestal, or platform, or used to accentuate landscaping shall consist of full cut -off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated to minimize glare, sky glow, and light trespass. The beam width shall not be wider than that needed to light the feature with minimum spillover. The lighting shall not shine directly into the window of a residence or directly into a roadway. Light fixtures attached to a building shall be directed downward. D. Outdoor recreation /entertainment areas. Sports courts and similar facilities used for outdoor recreation or entertainment located within a residential zoning district or closer than 200 feet to the boundary of a residential zoning district, shall not be lighted unless a Minor Site Development Review has been approved in compliance with Section 20.52.080 (Site Development Review). 20.30.080 - Noise This Section establishes standards for the regulation of noise levels to protect the health, safety, and welfare. A. Compliance with noise control provisions. All land uses and their associated activities shall comply with the provisions of this Section and Chapters 10.26 (Community Noise Control) and 10.28 (Loud and Unreaonable Noise) of the Municipal Code. B. Acoustical study. The Director may require the preparation of an acoustical study in instances where the Director determines that a project may expose existing or proposed noise - sensitive land uses to noise levels exceeding the standards specified in Chapters 10.26 or 10.28 of the Municipal Code. C. Noise exposure verification for new development. Applicants for projects located in areas projected to be exposed to a CNEL of 60 dBA and higher may conduct a field survey, noise measurements, or other noise modeling analysis in a manner acceptable to the Director to provide evidence that the noise contours identified in the Noise Element of the General Plan do not adequately account for local noise exposure circumstances due to topography, variation in traffic speeds, or other conditions. These findings shall be used to determine the level of required noise attenuation methods and the feasibility of mitigation. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards D. Deliveries, loading, and unloading. Deliveries, loading, unloading, opening /closing or other handling of boxes, crates, containers, building materials, trash receptacles, or similar objects within a nonresidential zoning district shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays. E. Noise sensitive land uses. 1. New noise sensitive land uses that will be impacted by existing land use related noise sources shall be required to mitigate the noise levels from those noise sources so that the resulting noise levels on the proposed noise- sensitive land use(s) do not exceed the standards in Chapter 10.26 (Community Noise Control) of the Municipal Code. 2. Dedications of avigation easements in favor of the County of Orange may be required when noise sensitive uses are proposed in the John Wayne Airport (JWA) Planning Area, as established in the JWA Airport Environs Land Use Plan. F. Airport Environs Land Use Plan. Residential uses, including mixed use residential, shall be prohibited within the 1985 Jonh Wayne Airport (JWA) Master Plan 65 dBA CNEL contour. G. Mitigation of impacts. Noise mitigation measures may be required in conjunction with the approval of an application for new development when a significant noise impact is identified. TABLE 3 -2 SIGNIFICANT NOISE INCREASE CNEL (dBA) dBA increase 55 3 60 2 65 1 70 1 Over 75 Any increase is considered significant H. Dedications of avigation easements in favor of the County of Orange may be required when noise sensitive uses are proposed in the JWA Planning Area, as established in the JWA AELUP. I. New public parks in Noise Impact Zones 1 and 2 identified in the JWA AELUP shall be required to post notifications to users regarding aircraft overflight and potential noise impacts. 20.30.090 — Public Access to Bay Front. A. Applicability. In approving a development on a site with frontage along the bay that requires discretionary approval the review authority shall require the dedication of vertical and lateral public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 B. Standards. The following standards shall be applied to all lateral and vertical public access easements: Public access easements shall be a minimum of 6 feet in width; Public access easements may be provided within required setback areas; Signs shall be provided for the purpose of directing the public to the bay front access; and All dedicated public access easements shall be recorded with the Orange County Recorder's Office in a manner satisfactory to the Director of Public Works. 20.30.100 — Public View Protection A. This Section provides regulations to preserve significant visual resources (public views) from public view points and corridors. It is not the intent of this Zoning Code to protect views from private property, to deny property owners a substantial property right or to deny the right to develop property in accordance with the other provisions of this Zoning Code. B. Applicability. The provisions of this Section shall apply only to discretionary applications where a project has the potential to obstruct public views from public view points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the Pacific Ocean, Newport Bay and harbor, offshore islands, the Old Channel of the Santa River (the Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive open space. C. Initial evaluation. Discretionary applications involving a project site adjacent to an identified public view point or corridor shall be reviewed to evaluate the development's potential to impact public views. D. Visual impact analysis. Where a proposed development has the potential to obstruct a public view(s) from a identified public view point or corridor, as identified on General Plan Figure NR 3 (Coastal Views), a view impact analysis may be required by the Department. The view impact analysis shall be prepared at the project proponent's expense. The analysis shall include recommendations to minimize impacts to public views from the identified public view points and corridors while allowing the project to proceed while maintaining development rights. E. Landscape standards. Landscape improvements shall be installed and maintained to ensure that landscape materials do not unnecessarily obstruct public views at maturity. Landscaping at the edges of roads from which there is an identified public view should be designed, planted and maintained to frame and accent public views. F. Other Development Features. Freestanding signs, rooftop equipment, antennas, and other project features shall be designed and sited to ensure they minimize impacts to public views. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards G. View protection easement. The review authority may require applicants to provide public view protection easements to protect public views. 20.30.110 — Setback Regulations and Exceptions This Section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; space for privacy, landscaping, and recreation; protection of natural resources; and safety from fire and geologic hazards. A. Setback requirements. 1. Structures. a. Principal structures. Principal structures shall conform with the setback requirements established for: (1) Each zoning district in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) of this Code; (2) Any specific uses identified in Part 4 (Standards for Specific Land Uses) of this Zoning Code; (3) Any special setback areas established in Section 20.28.040 (Bluff Overlay District); and (4) Any special setback areas established in Municipal Code Title 9 and Title15. b. Access to dwellings. On residential lots wider than 30 feet, if the primary entrance to a single- or two -unit dwelling faces a side setback area the entry door shall be set back a minimum of 5 feet from the side property line and a 3 -foot wide unobstructed walkway shall be provided up to a minimum height of 8 feet between the primary entrance and the public street or alley. C. Access to side setback area. On residential lots, regardless of the setback area encroachments allowed by this Subsection, a minimum 36- inch wide passageway shall be maintained within at least one side setback area adjacent to the principal structure in compliance with the following: (1) The passageway shall be free of any encroachments or obstructions from ground level to a height of 8 feet, including mechanical equipment, and other items attached to, or detached from, the principal structure; (2) Fences and walls located immediately adjacent to the property line may encroach up to 6 inches. No reduction or modification to this requirement shall be allowed; and Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 (3) The opposite side setback area may have encroachments allowed by this Subsection. d. Accessory structures. All accessory structures shall comply with the setback requirements established for: (1) Accessory Structures in Subsection 20.30.110.D.2 (Accessory structures), below, and any allowed encroachments; and (2) Any special setback areas established in Municipal Code Title 9 and Titlel5. 2. Setback areas to be open. Each required setback area shall be open and unobstructed from the ground upward, except as provided in this Section. B. Location and measurement of setbacks. Setbacks shall be located and measured as follows: 1. General. a. Measure at right angles. The distance /depth of a setback area (i.e., front, side, or rear) shall be measured at right angles from the nearest property line establishing a setback area line parallel to that property line. b. Future street right -of -way. Whenever a future street right -of -way line is officially established, required setback areas shall be measured at right angles from the established future right -of -way line(s). 2. Front setback area. a. General. The front setback area shall extend across the entire width of the lot frontage. b. Corner lots. The front setback area for a corner lot shall be the required distance parallel to the shortest property line adjoining the street. 3. Side setback area. The side setback area shall be established by a line parallel with the side property line and extending between the front and rear setback areas. 4. Street side setback area. The side setback area on the street side of a corner lot shall be established by a line parallel with the side property line adjoining the street and extending between the front and rear setback areas. 5. Rear setback area. a. General. The rear setback area shall extend across the entire width of the rear of the lot. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards b. Irregular shaped lots. Where the side lot lines converge to a point at the rear of the lot and make an angle 90 degrees or less, a line 10 feet long within the lot, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback area. Where the angle created by the convergence of two side lot lines at the rear of the lot is greater than 90 degrees, a line 10 feet long measured from the point of convergence and perpendicular to the front lot line shall establish the location of the required rear setback line. See Figure 3 -6. (Rear Setback Areas on Irregularly- shaped Lots), below. 10, i 1 Front Lot Line Front Lot Line a v in Front Lot Line Front Lot Line Front Lot Line Figure 3 -6 Rear Setback Areas on Irregularly- Shaped Lots Front Lot Line Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 C. Alternative setback area location. In cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the Director may redefine the location of the front, side, and rear setback areas to be consistent with surrounding properties. The reorientation of setback areas is not applicable to the bluff overlay district. D. Allowed encroachments into setback areas. Encroachments into required setback areas are allowed in compliance with the standards in this Subsection, except as provided Paragraph 1, below. General regulations. a. Setbacks on setback maps. Notwithstanding any requirements in this Section, all setback areas identified on the setback maps shall be regulated as front setback areas. b. Bluff overlay. The encroachments allowed by this Subsection shall not apply to designated bluff setback areas. Refer to Section 20.28.040 (Bluff Overlay District) for setback regulations and encroachments. C. Alleys. No encroachments at the ground level are allowed within the required setback area of a lot abutting an alley. All alley setback areas shall be clear of obstructions. Waterfront areas. Allowed encroachments into required setback areas abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels in West Newport shall not exceed a height of 42 inches above the existing grade. e. Traffic safety visibility area. See Section 20.30.130 for restrictions on encroachments into traffic safety visibility areas. 2. Accessory structures a. Accessory structures, including housings for mechanical equipment, not more than 6 feet in height and totaling no more than 150 square feet per structure, may be located within a required side or rear setback area other than those abutting an alley. b. Arbors, trellises, and similar garden structures may be allowed to encroach into required front, side, and rear setback areas subject to the following limits: (1) The maximum footprint of the structure shall not exceed 16 square feet; and (2) The maximum height of the structure shall not exceed 9 feet. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards C. Display areas for new motor vehicles associated with an allowed vehicle sales facility may encroach into a required front or street side setback area provided a setback of at least 2 feet is maintained from the street adjacent property line. d. Fences, hedges, and walls may be established within required setback areas in compliance with the requirements of Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). e. Decks, landings, patios, platforms, porches, steps, and terraces, and similar structures not more than 18 inches in height measured from the existing grade may be located within a required side or rear setback area other than those abutting an alley. 3. Architectural features. a. Roof overhangs, brackets, cornices, and eaves may encroach up to 30 inches into a required front, side, or rear setback area, including required setbacks above 24 feet, provided that no architectural feature shall project closer than 30 inches from a side property line and a minimum vertical clearance above grade of at least 8 feet is maintained. b. Decorative architectural features (e.g., belt courses, ornamental moldings, pilasters, and similar features) may encroach up to 6 inches into a required setback area. 4. Awnings and canopies. Awnings and canopies may encroach into required setback areas up to a maximum of 5 feet subject to the following limits. a. Residential districts. Front: One half the depth of the required front setback area Side: 0 feet, except over doors up to 30 inches from property line, maximum width shall not exceed the standard width of a door plus 12 inches Rear: 2' /z feet Vertical Clearance: 6Yz feet above grade b. Nonresidential districts, including mixed use districts. Front: One half the depth of the required front setback area Side: 2 feet Rear: One half the depth of the required rear setback area Vertical Clearance: 8 feet above grade. 5. Balconies abutting East Ocean Front and West Ocean Front. a. Balconies may encroach up to a maximum of 36 inches into a required front setback area along East Ocean Front and West Ocean Front. Balcony railings shall not exceed a maximum height of 42 inches and shall be constructed of either transparent material (except for supports) or Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 opaque material (e.g., decorative grillwork, wrought iron, latticework, or similar open materials) so that at least 40 percent of the railing is open. b. Balconies shall be cantilevered so that no underlying support is necessary. Roofs over balconies shall not be allowed to encroach into required front setback areas except as provided in Subsection 20.30.110.D.3 (Architectural features), above. 6. Bay windows and greenhouse windows. Bay windows and greenhouse windows shall be allowed to encroach into required setback areas subject to the following limits: a. No more than 2 bay windows or greenhouse windows shall be allowed to encroach into any one setback area; b. Bay windows and greenhouse windows shall not exceed 8 feet in width or 10 feet in height within the area of encroachment; C. Bay windows and greenhouse windows shall be cantilevered and shall be designed to preclude use as a door or entry; d. The exterior bottom surface of a bay window or greenhouse window shall be elevated a minimum of 18 inches above the adjacent finished interior floor surface at the required building setback line; e. Encroachments into required setback areas shall be limited as follows: TABLE 3 -3 ENCROACHMENTS Standard Allowed Encroachment Additional Regulations Front setback (4 ft. to 16 in. less than 10 ft.): Front setback (10 ft. or 2 ft. more): Side setback: 2 ft. Limited to first floor only. The encroachment shall be at least 24 inches from the side property line. Rear setback: 2 ft. Not allowed when the rear property line abuts an alley. Distance between 2 ft. detached structures: October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards Fireplaces, barbeques, and chimneys - attached a. Front and rear setback area. Fireplaces, barbeques, and chimneys attached to the principal structure that are less than 9 feet in width may encroach up to 2 feet into a required front or rear setback area that is 10 feet or greater in depth. b. Side setback area. Fireplaces and chimneys attached to the principal structure that are less than 9 feet in width may encroach up to 30 inches into a required side setback area provided that the encroachment shall be at least 30 inches from the side property line. B. Fireplaces and barbeques - freestanding. a. Front setback area. Freestanding fireplaces (gas only) and barbeques with a maximum height of 42 inches (not including the barbeque hood) shall be allowed to encroach into the required front setback area provided the total length of the barbeque and counter does not exceed 6 feet. b. Side and rear setback area. Freestanding fireplaces (gas only) and barbeques with a maximum height of 6 feet shall be allowed to encroach into the required side or rear setback area provided a minimum 36 -inch clear path of travel is maintained adjacent to any habitable structures. 9. Garages and carports for duplexes. Where 3 parking spaces are located in garages or carports across the rear of a lot that is less than 30 feet 10 inches wide, one garage /carport wall or support may encroach into the side setback area subject to the following: a. Distance to property line. The distance from the garage wall or carport support to the nearest side property line shall be not less than 26 inches plus the amount that the width of the lot exceeds 30 feet. The other side setback area shall have a clear passageway a minimum of 36 inches wide, clear of any obstructions; and b. Width of garage /carport. The width of each garage /carport shall not be greater than the minimum required by Section 20.40.090 (Parking Standards for Residential Uses). 10. Foundations, basement walls, and structural supports. Foundations, basement walls, and their structural supports (caissons) that are located completely below grade may encroach into a required setback area up to 12 inches, provided they are located at least 24 inches from any property line. 11. Light standards. In nonresidential zoning districts, light standards used in conjunction with the illumination of parking lots and walkways shall be allowed to encroach into a required setback area provided all of the requirements of Section 20.30.070 (Outdoor Lighting) are complied with. Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 12. Protective Railing. Protective railings around balconies and windows required by Municipal Code Title 15 may encroach up to 6 inches into a required setback area. 13. Second stories abutting alleys. In residential districts having alleys to the rear of the lot or development site, a second story may be allowed to encroach into the required setback area subject to the following conditions and exclusions: a. Encroachments shall not extend closer than 7.5 feet to the center of any alley; b. Encroachments shall not extend closer than 2.5 feet to the rear property line; C. That portion of the building that encroaches into the required rear setback area shall have a minimum ground clearance of 8 feet; d. No encroachment shall be allowed on lots having a depth exceeding 85 feet; and e. No encroachmt shall be allowed on corner lots located at the intersection of two 10 -foot wide alleys. 14. Shoring. Permanent or temporary shoring may encroach into a required setback area provided it is located completely below finish grade and at least 12 inches from any property line. 15. Swimming pools /spas. Swimming pools, spas, and other similar devices /equipment that are placed directly upon the existing grade and are less than 42 inches in height may be located within a required front, side, or rear setback area other than those abutting an alley. 20.30.120 — Solid Waste and Recyclable Materials Storage A. Purpose. This Section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Section 42900) and Chapter 6.04 (Garbage Refuse and Cuttings) of the Municipal Code. B. Applicability. New developments. All new development projects requiring a Building Permit shall provide adequate, enclosed areas with solid roofs for collecting and loading solid waste and recyclable materials. 2. Existing developments undergoing alterations. An existing development that is undergoing alterations, including remodeling and additional floor area shall provide adequate, accessible, and convenient enclosed areas with solid roofs for collecting and loading solid waste and recyclable materials in compliance with this Section to the greatest extent possible as determined by the Director. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards C. Multi -unit projects. Multi -unit residential projects with 5 or more dwelling units shall provide enclosed refuse and recyclable material storage areas with solid roofs in compliance with the requirements provided in Table 3 -4, below. TABLE 3 -4 MULTI -UNIT DEVELOPMENT MINIMUM COMMON STORAGE AREAS REQUIRED (SQ. FT.) Number of Dwelling Units Refuse Recycling Total Area 5 -6 16 16 32 7 -15 24 24 48 16 -25 48 48 96 26 -50 96 96 192 51 -75 144 144 288 76 -100 192 192 384 101 -125 240 240 480 126 -150 288 288 576 151 -175 316 316 672 176 -200 384 384 768 201+ Every additional 25 dwellings shall require an additional 100 sq. ft. for solid waste and 100 sq. ft. for rec clables. D. Nonresidential projects. Nonresidential projects within all zoning districts shall provide enclosed refuse and recyclable material storage areas in compliance with the minimum storage area requirements provided in Table 3 -5, below. These requirements apply to each individual structure. Food service uses may require additional enclosed storage areas as determined by the review authority. TABLE 3 -5 NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ. FT) Structure Floor Area SQ. FT. Refuse Recycling Total Area 0 -5,000 16 16 32 5,001- 10,000 24 24 48 10,001- 25,000 48 48 96 25,001- 50,000 96 96 192 50,001 - 75,000 144 144 288 75,001- 100,000 192 192 384 100,001+ Every additional 25,000 sq. ft. shall require an additional 48 sq. ft. for solid waste and 48 sq. ft. for recyclables. t Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 E. Development standards for nonresidential and multi -unit projects. Solid waste storage area(s) shall: 1. Comply with the dimension, capacity, and number requirements in this Subsection and shall be adequate in distribution to serve the development project; 2. Include an adequate number of bins and containers located within the enclosed storage areas to allow for the collection and loading of solid waste and recyclable materials generated by the development project; 3. Include a sign that is permanently posted or painted on each container clearly identifying the container type and the name and telephone number of the company responsible for maintaining the containers; 4. Be appropriately located, enclosed, have a solid roof, and be screened from public rights -of -way and /or public property as seen from a point 6 feet above ground level. Screening shall consist of solid masonry walls, metal gates, and landscaping; 5. Be compatible with the surrounding structures and land uses; 6. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials; 7. Provide a concrete pad within the fenced or walled area(s) and a concrete apron, which facilitates the handling of the individual bins or containers; 8. Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and 9. Comply with National Pollutant Discharge Elimination System (NPDES) and Regional Water Quality Control Board (RWQCB) requirements. F. Location standards for nonresidential and multi -unit projects. Refuse and recyclable materials storage areas shall be located in the following manner: 1. Locations where recyclable materials are deposited, collected, and loaded shall be as convenient as the locations where solid waste materials are deposited, collected, and loaded. Wherever feasible, recycling areas shall be located adjacent to or combined with solid waste collection areas. 2. Storage areas shall only be located: a. Inside a specially- designated structure; and b. Outside required setback areas, parking spaces, and required landscaped areas. 3. Storage area(s) shall be accessible to residents and employees at all times. Storage areas within multi -unit residential developments shall be located within 250 feet of an access doorway to the dwellings that they are intended to serve. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Storage areas shall not be closer than 20 feet from doors or operable windows of adjacent structures and property located in a residential zoning district. G. Development and location standards for residential uses with one to four units. Trash container storage areas shall be located out of view from public places and shall not be located in required parking areas. If trash container storage areas cannot be located out of public view they shall be screened from public view. Screening shall consist of fences, walls, and landscaping to a height at least 6 inches above the tops of the containers. 20.30.130 — Traffic Safety Visibility Area A. Visibility at corners of intersections required. Corner lots in all zoning districts shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, and private driveways. B. Traffic safety visibility area described. The traffic safety visibility area shall be described as a triangular- shaped area on a corner lot formed by measuring the prescribed distance from the intersection of the front and street side property lines, an intersecting alley, or an intersecting driveway and connecting the lines diagonally across the property making a triangular area. See Figure 3 -7 below. Figure 3 -7 Traffic Safety Visibility Area Newport Beach Zoning Code, Title 20 October 2010 Property Development Standards 20.30 C. Area of traffic safety visibility area. The dimensions of a traffic safety visibility triangle shall be as follows and shall be subject to further review and approval of the City Traffic Engineer: City Standard 110 -L shall apply at the intersection of public or private two street rights -of -way and at the intersections of commercial driveways and streets; 2. 15 feet from the intersection of a public or private street right -of -way and an alley; 3. 10 feet from the intersection of two alleys, See Subsection E, below; and 4. 5 feet from the corner of an intersecting street right -of -way and a driveway. D. Height limit. The following height limit requirements shall apply within a traffic safety visibility area; Fences, walls, signs, accessory structures, mounds of earth, or other visual obstructions shall not extend above 30 inches in height as measured from adjacent finished grade; 2. Hedges, shrubbery, and vegetation shall be maintained to a height of 24 inches or less as measured from adjacent finished grade; 3. Only trees with single trunks are allowed and tree canopies shall be maintained at a minimum height of 7 feet above ground level, as measured from adjacent street curb elevation. E. Exemptions to traffic safety visibility height limit. 1. Alleys. No above ground improvements (e.g., fences, walls, accessory structures, mounds of earth, vegetation and similar items) shall be allowed within the traffic safety visibility area required at the intersection of two alleys. 2. City Traffic Engineer approval. Improvements, structures, or vegetation that exceed the allowed height limit for visibility in the traffic safety visibility area may be approved by the City Traffic Engineer if it is determined that the location and /or height of the existing or proposed hedge, shrubbery, structure, or other obstruction allows for the unobstructed view of oncoming traffic, bicyclists, and pedestrians by a driver approaching an intersection including those with private driveways. October 2010 Newport Beach Zoning Code, Title 20 20.30 Property Development Standards — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.32 — Density Bonus Sections 20.32.010 — Purpose 20.32.020 — Eligibility for Density Bonus and Incentives 20.32.030 — Allowed Density Bonuses 20.32.040 — Parking Requirements in Density Bonus Projects 20.32.050 —Allowed Incentives 20.32.060 — Incentives for Housing with Child Care Facilities 20.32.070 — Design and Distribution of Affordable Units. 20.32.080 — Continued Availability 20.32.090 — Occupancy and Resale of Common Interest Units. 20.32.100 — Affordable Housing Agreement 20.32.010— Purpose The purpose of this Chapter is to provide a means for granting density bonuses and incentives in compliance with Government Code Sections 65915 through 65917 as the same may be amended from time to time. This Chapter provides density bonuses and incentives for the development of housing that is affordable to lower -, low -, and moderate - income households and senior citizens. If there is a conflict between any provision and State law, State law shall control. 20.32.020 — Eligibility for Density Bonus and Incentives In order to be eligible for a density bonus and other incentives as provided by this Chapter, a proposed housing development shall comply with the following requirements and satisfy all other applicable provisions of this Zoning Code, except as otherwise provided by this Chapter. A. Eligibility requirements. A housing development proposed to qualify for a density bonus shall contain 5 or more dwelling units and shall include at least one of the following: 1. A minimum of 5 percent of the total number of proposed units are for very low - income households; 2. A minimum of 10 percent of the total number of proposed units are for low - income households; 3. A senior citizen housing development or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5; or 4. A minimum of 10 percent of the total dwelling units in a common interest development as defined in Civil Code Section 1351 are for persons and families of moderate income provided that all units in the development are offered to the public for purchase. October 2010 Newport Beach Zoning Code, Title 20 20.32 Density Bonus B. Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall satisfy the eligibility requirements set forth in Government Code Section 65915.5. C. Units not eligible for bonuses or incentives. When affordable housing is required to be provided under the provisions of Municipal Code Title 19 the number of units required to be provided under Title 19 shall not count towards the number of units necessary to qualify for a density bonus under the provisions of this Chapter. 20.32.030 — Allowed Density Bonuses A. Amount of density bonus. A housing development that complies with the eligibility requirements of Section 20.32.030, above, shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant. 1. Bonus for units for very low- income households. A housing development that is eligible for a bonus in compliance with the criteria in Subsection 20.32.020.A.1 (5 percent of units for very low- income households) shall be entitled to a density bonus calculated as follows. TABLE 3 -6 VERY LOW- INCOME Percentage of Base Density Bonus Percentage Units Proposed 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 2. Bonus for units for low- income households. A housing development that is eligible for a bonus in compliance with the criteria in Subsection 20.32.020.A.2 (10 percent of units for low- income households) shall be entitled to a density bonus calculated as follows. Newport Beach Zoning Code, Title 20 October 2010 Density Bonus 20.32 TABLE 3 -7 LOW- INCOME Percentage of Base Density Bonus Percentage Units Proposed 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 3. Bonus for moderate income units in common interest development. A housing development that is eligible for a bonus in compliance with the criteria in Subsection 20.32.020.A.4 (10 percent of units in a common interest development for persons and families of moderate - income) shall be entitled to a density bonus calculated as follows. October 2010 Newport Beach Zoning Code, Title 20 20.32 Density Bonus TABLE 3 -8 MODERATE - INCOME Percentage of Base Density Bonus Percentage Units Proposed 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 Newport Beach Zoning Code, Title 20 October 2010 Density Bonus 20.32 4. Bonus for senior citizen housing development. A housing development that is eligible for a bonus in compliance with the criteria in Subsection 20.32.020.A.3 (senior citizen development or mobile home park) shall be entitled to a density bonus of 20 percent of the number of senior housing units.. 5. Bonus for land donation. When an applicant for a residential development agrees to donate land to the City for very low- income households, the applicant shall be entitled to a density bonus for the entire market rate development, provided that nothing in this Subsection shall be construed to affect the authority of the City to require a developer to donate land as a condition of development. a. Bonus. The applicant shall be entitled to an increase above the maximum allowed residential density under the General Plan Land Use Element and zoning designation for the entire market rate development as follows. TABLE 3 -9 VERY LOW- INCOME Percentage of Base Density Bonus Percentage Units Proposed 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 October 2010 Newport Beach Zoning Code, Title 20 20.32 Density Bonus Percentage of Base Units Proposed Density Bonus Percentage 29 34 30 35 b. Eligibility for land donations. An applicant shall be eligible for a density bonus if all of the following conditions are met ; (1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application; (2) The developable acreage and zoning classification of the land being donated are sufficient to permit construction of units in an amount not less than 10 percent of the number of market rate units of the proposed development; (3) The donated land is at least one acre, or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned with standards for development at the density described in Government Code Section 65583.2.c.3 and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible; (4) No later than the date of approval of the market rate residential development, the donated land shall have all of the discretionary permits and approvals, other than Building Permits, necessary for the development; (5) The donated land and the affordable units shall be restricted to very low- income households and subject to a deed restriction ensuring continued affordability of the units consistent with Section 20.32.080 (Continued Availability), below, which shall be recorded on the property at the time of dedication; (6) The land is donated to the City or to a housing developer approved by the City; and (7) The donated land shall be within the boundary of the proposed development or, if the City agrees, within one quarter mile of the boundary of the proposed market rate development. (8) A proposed source of funding for the very low- income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. Newport Beach Zoning Code, Title 20 October 2010 Density Bonus 20.32 6. Density bonus for affordable units and land. The increase in the Table 3 -9 (Low - Income),above, shall be in addition to any increase in density required by Subsections A.1 through A.4 (above), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required in compliance with this Subsection as well as the bonuses provided by Subsections A.1 through A.4, above. B. Density bonus calculations. 1. Fractional units. The calculation of a density bonus in compliance with this Section that results in fractional units shall be rounded up to the next whole number, as required by State law. 2. Mixed income development. If the applicant desires to develop a density bonus project available to a mix of income levels, the Director shall determine the amount of density bonus to be granted up to a maximum of 35 percent. C. Requirements for amendments or discretionary approval. The granting of a density bonus shall not be interpreted to require a General Plan amendment, Zoning Map amendment, or other discretionary approval. 20.32.040 — Parking Requirements in Density Bonus Projects A. Applicability. This Section applies to a development that meets the requirements of Section 20.32.020 (Eligibility for Density Bonus and Incentives), above, but only at the request of the applicant. An applicant may request additional parking incentives beyond those provided in this Section in compliance with Section 20.32.050 (Allowed Incentives), below. B. Number of parking spaces required. 1. At the request of the applicant, the City shall require the following vehicular parking ratios for a project that complies with the requirements of Section 20.32.020 (Eligibility for Density Bonus and Incentives), above, inclusive of handicapped and guest parking: a. Zero to one bedroom: One on -site parking space per unit; or b. Two or more bedrooms: Two on -site parking spaces per unit 2. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. C. Location of parking. For purposes of this Section, a development may provide on -site parking through uncovered or tandem parking, but not through on- street parking. October 2010 Newport Beach Zoning Code, Title 20 20.32 Density Bonus 20.32.050 — Allowed Incentives A. Applicant request and City approval. An applicant for a density bonus may also submit a proposal that includes any of the incentives listed in Subsection C. (Types of incentives), below. The applicant shall file the request concurrently with the application for project approval. The applicant shall show that an incentive is necessary to make the housing units economically feasible. When an applicant makes a request for an incentive, the Council shall grant the request unless either of the following findings is made, based on substantial evidence: The incentive is not required in order to provide affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 20.32.080.B. (Affordable cost), below; 2. The incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or The incentive would be contrary to State or federal law. B. Number of incentives. The Council shall grant the following number of incentives, except as provided in Subsection A, above. 1. One incentive. One incentive for a project that includes at least 10 percent of the total units for low income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. 2. Two incentives. Two incentives for a project that includes at least 20 percent of the total units for low income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. 3. Three incentives. Three incentives for a project that includes at least 30 percent of the total units for low income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. C. Type of incentives. For the purposes of this Chapter, incentive means any of the following: A reduction in the site development standards (e.g., site coverage, setbacks, increase height up to the maximum allowed, reduced lot sizes, and /or parking requirements (see also Section 20.32.040 [Parking Requirements in Density Bonus Projects]), or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions; Newport Beach Zoning Code, Title 20 October 2010 Density Bonus 20.32 2. Approval of mixed -use zoning in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located; Other regulatory incentives proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions; and /or A direct financial contribution granted by the Council, at its sole discretion. D. Effect of incentive. The granting of an incentive shall not be interpreted to require a General Plan amendment, Zoning Map amendment, or other discretionary approval. 20.32.060 — Incentives for Housing with Child Care Facilities A residential development that complies with the income requirements of Subsections 20.32.020.A, and B, above, and also includes a child care facility, other than a large or small family day care home, that will be located on the same site as the development, shall be eligible for the following incentives in addition to the incentives provided for the affordable housing. A. Incentives. The City shall grant a housing development that includes a child care facility either of the following incentives: An amount of residential floor area equal to or greater than the floor area of the child care facility; or 2. An incentive that contributes to the economic feasibility of the child care facility (e.g., reduction of development standards, reduced parking requirements, monetary contribution) as provided in Subsection 20.32.050.C, above. B. Requirements to qualify for incentives. The City shall require, as a condition of approving the housing development, that: The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 20.32.080 (Continued Availability), below; and 2. Of the children who attend the child care facility, the children of very low income households, low income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income in compliance with Subsection 20.30.020.A (Eligibility requirements), above. C. Incentive not required. The City shall not be required to provide a density bonus for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. October 2010 Newport Beach Zoning Code, Title 20 20.32 Density Bonus 20.32.070 — Design and Distribution of Affordable Units. Affordable units shall be designed and distributed within the residential development as follows A. Number of bedrooms. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole; B. Comparable quality and facilities. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and in the quality of construction and exterior design to the market -rate units; C. Size. Affordable units may be smaller and have different interior finishes and features than the market -rate units; and D. Location. Affordable units shall be dispersed throughout the residential development, unless clustering is allowed by the review authority. 20.32.080 — Continued Availability The units that qualified the housing development for a density bonus and other incentives shall continue to be available as affordable units in compliance with the following requirements as required by Government Code Section 659158). See also Section 20.32.090 (Occupancy and Resale of Common Interest Units). A. Duration of affordability. The applicant shall agree to and the City shall ensure the continued availability of the units that qualified the housing development for a density bonus and other incentives. The continued affordability of all very low- and low- income qualifying units shall be maintained for 30 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. B. Affordable costs. The rents and owner - occupied costs charged for the housing units shall not exceed the following amounts during the period of continued availability required by this Section: 1. Rental units. Rents for density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and 2. Owner - occupied units. Owner - occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5. 20.32.090 — Occupancy and Resale of Common Interest Units. A. Occupancy. An applicant shall agree to, and the City shall ensure that the initial occupants of moderate income units that are directly related to the receipt of the common interest density bonus are persons and families of moderate income and that the units are offered at an affordable housing cost, as provided in this Chapter. Newport Beach Zoning Code, Title 20 October 2010 Density Bonus 20.32 B. Resale. The City shall enforce an equity sharing agreement for the resale of affordable common interest units, unless it would be in conflict with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement: 1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation; and 2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within 5 years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this Section: a. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; b. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale; and C. The initial subsidy shall include any incentives granted by the City and shall be equal to the monetary equivalent of the incentives. 20.32.100 —Affordable Housing Agreement An affordable housing agreement shall be executed in a recordable form prior to the issuance of a Building Permit for any portion of a residential development project subject to the requirements of this Chapter. The form of the agreement shall be similar in content to the agreement specified in Section 20.34.100 (Affordable Housing Agreement) and as required by the City Attorney. October 2010 Newport Beach Zoning Code, Title 20 20.32 Density Bonus — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.34 — Conversion or Demolition of Affordable Housing Sections: 20.34.010 — Purpose 20.34.020 — Applicability 20.34.030 — Exemptions 20.34.040 — Review Authority 20.34.050 — Replacement of Affordable Housing 20.34.060 — Determining Requirements for Replacement Units. 20.34.070 — Feasibility Analysis. 20.34.080 — Administration and Feasibility Analysis Fees 20.34.090 — Findings to Conclude that Replacement of Units is Not Feasible. 20.34.100 —Affordable Housing Agreement 20.34.010 — Purpose The purpose of this Chapter is to A. Be consistent with and implement the provisions of the Mello Act (Government Code Section 65590); and B. Maintain the number of low- and moderate - income dwelling units within the coastal zone. 20.34.020 — Applicability The provisions of this Chapter shall apply to the conversion or demolition of existing residential dwelling units within the coastal zone occupied by persons or families of low- or moderate - income ( "affordable units "), as defined in Health and Safety Code Section 50093, when either of the following occurs: A. The conversion or demolition of 11 or more dwelling units located in 2 or more structures; or B. The conversion or demolition of 3 or more dwelling units located in one structure 20.34.030 — Exemptions The provisions of this Chapter shall not apply to the following: A. Demolition of a public nuisance. The demolition of a residential structure that has been declared a public nuisance in compliance with the provisions of Health and Safety Code Division 13 (commencing with Section 17000) or any City ordinance enacted pursuant to those provisions shall be exempt from the provisions of this Chapter. For purposes of this Chapter, no structure, which conforms to the standards that were applicable at the time the structure was constructed and that does not constitute a substandard structure, as provided in Section 17920.3 of the Health and Safety Code, shall be deemed to be a public nuisance solely because the structure does not conform to one or more of the current provisions of Municipal Code Title 15; October 2010 Newport Beach Zoning Code, Title 20 20.34 Conversion or Demolition of Affordable Housing B. Replacement with a coastal dependent use. The conversion or demolition of a residential structure for purposes of a nonresidential use that is either "coastal dependent," as defined in Public Resources Code Section 30101, or "coastal related," as defined in Public Resources Code Section 30101.3; or C. Land availability. The conversion or demolition of a residential structure when there are less than 50 acres, in aggregate, of privately owned, vacant land available for residential use within the City's coastal zone or within 3 miles inland of the coastal zone. 20.34.040 — Review Authority A. Director. The administration of this Chapter shall be delegated to the Director and shall comply with the Mello Act, as it may be amended from time to time. B. Determination. The Director shall make a determination as to the applicability of this Chapter when a residential structure is to be converted or demolished. If applicable and based on the documentation provided in compliance with Section 20.34.060, below, the Director shall make determinations as to: 1. How many units were occupied by low- and moderate - income persons or families; 2. Whether the conversion or demolition proposes to go from residential to nonresidential and if so whether the proposed new use is costal dependent; 3. Whether a feasibility analysis is required to be prepared; 4. The feasible number of affordable units required to be replaced, if any; and 5. Whether the required replacement affordable units are to be located on -site or off -site. C. Referral to Commission. The Director may defer action and refer a determination to the Commission for a decision on any of the matters outlined in Subsection B, above. D. Administrative act. Determinations made by the Director under the provisions of this Chapter are an administrative function. The determinations made by the Director for the purpose of complying with the purpose of this Chapter shall not be construed as amendments to this Zoning Code. 20.34.050 — Replacement of Affordable Housing A. One for one replacement. If the Director determines that the proposed conversion or demolition activities involve affordable dwelling units, replacement of the affordable dwelling units shall be provided on a one for one basis, unless the Director determines that replacement is not feasible. B. Location of replacement units. Replacement dwelling units shall be located on the site of the converted or demolished structure(s) or elsewhere within the coastal zone if feasible. If location on the site or elsewhere within the coastal zone is not feasible. the replacement units shall be located within 3 miles of the coastal zone. Newport Beach Zoning Code, Title 20 October 2010 Conversion or Demolition of Affordable Housing 20.34 C. Period of affordability. 1. Restricted units. Affordable dwelling units that were previously required to be restricted to low- or moderate - income persons or families because of an existing affordable housing agreement that are required to be replaced in compliance with the requirements of this Chapter shall remain affordable for the duration of time remaining on the existing affordable housing agreement. 2. Nonrestricted units. Affordable dwelling units that were not previously required to be restricted to low- or moderate - income persons or families through an existing affordable housing agreement, but are now required to be provided in compliance with this Chapter shall remain affordable for a minimum of 30 years. 20.34.060 — Determining Requirements for Replacement Units. A. Required documentation. The property's affordability status shall be documented by the Department. Affordability is measured by the income level of all current tenants. This information, along with information provided by the current tenants to the Department, will be used to determine if affordable dwelling units currently exist and the need to replace those units in compliance with the requirements of this Chapter. B. Information to be provided. In order to make a determination of a property's affordability status, the applicant shall provide the following information regarding the subject property: a. Address of the property; b. Total number of existing units; C. Income of the tenants; d. Square footage and number of bedrooms per unit; e. Names and addresses of current tenants; Tenant family size in each unit; g. Information on any evictions within the last year; and h. Whether there are currently any vacant units and how long they have been vacant. 2. In addition to the information provided by the applicant, the Department shall document information regarding the income status and household size of current tenants. C. Eviction of tenants. For purposes of this Chapter, a residential dwelling unit shall be deemed occupied by a person or family of low- or moderate - income if the person or family was evicted from the subject dwelling unit within one year prior to the filing of an October 2010 Newport Beach Zoning Code, Title 20 20.34 Conversion or Demolition of Affordable Housing application to convert or demolish the unit and if the eviction was for the purpose of avoiding the requirements of this Chapter. 2. If a substantial number of persons or families of low- or moderate - income were evicted from the subject residential structure within one year prior to the filing of an application to convert or demolish that structure, the evictions shall be presumed to have been for the purpose of avoiding the requirements of this Chapter and the applicant for the conversion or demolition shall bear the burden of proving that the evictions were not for the purpose of avoiding the requirements of this Chapter. D. Residential use not feasible. If the conversion or demolition of a residential structure is for the purpose of replacement by a nonresidential use that is not "coastal dependent," and the Director has determined that a residential use is no longer feasible in that location the Director shall require replacement of any dwelling units occupied by persons and families of low- or moderate - income. 20.34.070 — Feasibility Analysis. A. Feasibility analysis required. If the applicant claims that it is not feasible to provide affordable replacement dwelling units an independent feasibility analysis shall be prepared prior to any approvals being granted for the proposed project. 2. The test of feasibility shall be conducted using the income levels contained in the General Plan, Housing Element. B. Feasibility of replacing affordable units. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technical factors. 2. If the feasibility analysis determines that it is not feasible to replace the affordable units, the analysis shall provide an explanation of why it is not feasible, including the provision of the units both on -site and off -site. C. Feasibility analysis preparation. The feasibility analysis shall be prepared by an independent firm under the direction of the Department. The selected firm shall have prior experience in the preparation of real estate feasibility analysis and shall provide an unbiased, neutral opinion as to the feasibility of complying with the requirements of this Chapter. 20.34.080 — Administration and Feasibility Analysis Fees A. Administration fee. An application to convert or demolish residential units in the coastal zone shall be accompanied by an administration fee in compliance with the City's Master Fee Schedule. Newport Beach Zoning Code, Title 20 October 2010 Conversion or Demolition of Affordable Housing 20.34 B. Feasibility analysis processing fee. If a feasibility analysis is required in compliance with Section 20.34.070 (Feasibility Analysis), the total cost of the analysis plus a feasibility analysis processing fee shall also be paid. The feasibility analysis processing fee shall be a percentage of the total feasibility analysis cost and shall be used to cover the cost of processing the feasibility analysis. 20.34.090 — Findings to Conclude that Replacement of Units is Not Feasible. A. In order to conclude that the replacement of affordable dwelling units is not feasible the review authority shall first find all of the following: B. The feasibility analysis was prepared in a professional and appropriate manner, and the facts and information presented in the feasibility analysis are accurate to the best of the review authority's knowledge; and C. The feasibility analysis concluded that the provision of affordable housing as required by this Chapter and the Mello Act (Government Code Section 65590) is not feasible. 20.34.100 — Affordable Housing Agreement An affordable housing agreement shall be executed in a recordable form prior to the issuance of a Building Permit for any portion of a residential development project subject to the requirements of this Chapter. A. Form of agreement. The form of the agreement shall be similar in content to the agreement specified in Section 20.34.100 (Affordable Housing Agreement) and as required by the City Attorney. B. Period of affordability. The agreement shall provide that the required affordable dwelling units remain affordable for a minimum of 30 years. C. Availability of affordable units. The agreement shall provide that the replacement dwelling units be available for occupancy within 3 years from the date work commenced on the conversion or demolition of the existing dwelling units. October 2010 Newport Beach Zoning Code, Title 20 20.34 Conversion or Demolition of Affordable Housing — This page intentionally left blank Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.36 — Landscaping Standards Sections: 20.36.010 — Purpose 20.36.020 — Applicability 20.36.030 — Exempt Projects. 20.36.040 — Alternatives to Requirements. 20.36.050 — General Landscape Standards 20.36.060 — Landscape and Irrigation Plans 20.36.070 — Landscape and Irrigation Plan Standards. 20.36.010 — Purpose This Chapter establishes requirements and standards for landscaping to enhance the appearance of development projects, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve air and water quality, and protect pedestrian and vehicular traffic and safety. 20.36.020 — Applicability A. New projects. New nonresidential projects and new multi -unit residential projects shall provide landscaping in compliance with this Chapter. B. Existing development. When alterations or expansions to existing nonresidential developments are proposed, the applicant shall comply with the requirements of this Chapter to the greatest extent feasible, as determined by the Director. The approval of a discretionary application for alterations or expansions to an existing nonresidential development may include conditions of approval requiring compliance with the requirements of this Chapter. This Chapter does not apply to changes of use or interior tenant improvements that do not require discretionary approval. C. Municipal Code requirements. In addition to the requirements of this Chapter the requirements of Municipal Code Chapter 14.17 (Water- Efficient Landscaping) shall also apply. D. Timing of installation. Required landscape and irrigation improvements shall be installed before issuance of a certificate of occupancy. 20.36.030 — Exempt Projects. This Chapter shall not apply to: A. Single -unit and two -unit projects, except as provided in Subsection 20.38.050 A (Impervious surfaces in R -1 and R -2 zoning districts; B. Registered historical sites; and C. Ecological restoration projects. October 2010 Newport Beach Zoning Code, Title 20 20.36 Landscaping Standards 20.36.040 — Alternatives to Requirements. The review authority may modify the standards of this Chapter to accommodate alternatives to required landscape materials or methods when the review authority determines that the proposed alternative would be equally or more effective in achieving the purposes of this Chapter. 20.36.050 — General Landscape Standards A. Impervious surfaces in R -1 and R -2 zones. 1. Impervious surface areas, excluding driveways, shall not exceed 50 percent of the front yard area with the remaining area landscaped with plant material. The use of pervious materials for walkways, porches, and outdoor living areas is allowed. 2. Where the typical neighborhood pattern of front yards has been developed with hardscaped outdoor living areas that exceed the 50 percent maximum for impervious surfaces the Director may waive this requirement. B. Safety requirements. Landscape materials shall be located so that at maturity they do not: 1. Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic in compliance with Section 20.30.130 (Traffic Safety Visibility Area); 2. Conflict with overhead utility lines, overhead lights, or walkway lights; or 3. Block roadways, pedestrian access, or bicycle ways. C. Maintenance. 1. Landscape materials and landscaped areas shall be maintained in compliance with an approved landscape plan. 2. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. 3. Landscaped areas shall be kept free of weeds, debris, and other undesirable materials.. 4. Irrigation systems shall be kept in good operating condition, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Adjustments to eliminate overspray or runoff shall be made on a regular basis. 5. Landscape materials and landscaped areas shall be maintained to minimize impacts to public viewsheds to the greatest extent feasible. D. Water waste prohibited. Water waste resulting from an inefficient irrigation system leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non- irrigated areas, walks, roadways, or structures is prohibited. Newport Beach Zoning Code, Title 20 October 2010 Landscaping Standards 20.36 20.36.060 — Landscape and Irrigation Plans A. Plans required. A landscape and irrigation plan shall be submitted as part of the application for a Zoning Clearance or discretionary application approval except for single -unit and two -unit developments. B. Content and preparation. Required information. Landscape plans shall contain the information required by the Department. 2. Preparation by qualified professional. Landscape plans shall be prepared by California licensed landscape architects, licensed landscape contractors, certified nurserymen, project architects, or other professionals determined by the Department to be qualified. C. Review and approval. The review authority shall review each landscape plan to verify its compliance with the provisions of this Chapter. D. Statement of surety. When required by the review authority a performance guarantee security in the form of cash, performance bond, letter of credit, or instrument of credit in an amount equal to 100 percent of the total value of all plant materials, irrigation, installation and maintenance shall be posted with the City. E. Changes to approved landscape plans. The Director may authorize minor changes to an approved landscape plan that do not affect the theme or character established for the project , or other provisions required by this Chapter.. F. Certification of landscape completion. The completion of required landscaping and irrigation improvements shall be certified by the preparer of the landscape and irrigation plan through a signed statement submitted to the Director. 20.36.070 — Landscape and Irrigation Plan Standards. A. Landscape design. The required landscape plan shall be designed to integrate all elements of the project (i.e., structures, parking lots, streets, and other elements), enhance the aesthetic quality of the site, and minimize water and energy demands. B. Landscape location requirements. Landscaping shall be provided in all areas of a site as follows. 1. Setbacks, open areas, and easements. All setback and open space areas required by this Zoning Code shall be landscaped, except where they are to be retained and maintained in their natural state and the review authority determines that landscaping is not necessary to achieve the purposes of this Chapter. 2. Unused areas. All areas of a project site not intended for a specific use, including a commercial pad site intended for future development, shall be landscaped unless retained and maintained in their natural state and the review authority determines that landscaping is not necessary to achieve the purposes of this Chapter. October 2010 Newport Beach Zoning Code, Title 20 20.36 Landscaping Standards 3. Parking areas. Parking areas shall be landscaped as outlined in Section 20.40.070 (Development Standards for Parking Areas). C. Plant material. 1. Variety. Landscaping shall include trees, shrubs, and ground covers. 2. Quality. Plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. 3. Size at time of planting. Plant materials shall be sized and spaced to achieve immediate effect and shall be a mixture of 15- gallon, 24 inch box, and 36 inch box containers for trees, minimum 5- gallon container for shrubs, and 6 -inch pots for mass planting, unless otherwise required or approved by the review authority. D. Plant selection and grouping. Plant materials shall be selected for low water demand and drought tolerance; adaptability and relationship to the Newport Beach environment, and the geological and topographical conditions of the site; color, form, and pattern; ability to provide shade; and soil retention capability. 1. Drought tolerant species. Landscape designs shall emphasize the use of drought tolerant plant species (Xeriscape). 2. Invasive plant species. Invasive plants are generally those identified by the California Invasive Plant Council and California Native Plant Society in their publications. The planting of invasive species shall be prohibited in the following areas: a. Sensitive habitat areas, and; b. Sites where a biological survey has identified significant natural habitat. 3. Deciduous trees. Landscape designs shall maximize the use of deciduous trees. 4. Grouping of plants. Plants having similar water use requirements shall be grouped together in distinct hydrozones. E. Minimum dimensions. Each area of landscaping shall have a minimum interior width of 3 feet for shrubs and groundcover and 4 feet for trees. F. Soil conditioning and mulching. Soil shall be prepared and /or amended to be suitable for the landscape material to be installed. G. Irrigation system requirements. 1. All landscaped areas, except those intentionally maintained with native plants, shall include an automatic irrigation system. Newport Beach Zoning Code, Title 20 October 2010 Landscaping Standards 20.36 2. Water - efficient systems (e.g., drip, mini - spray, bubbler -type, or similar drip systems) shall be used whenever feasible. Low -flow sprinkler heads with matched precipitation rates shall be used when spray or rotor -type heads are specified for watering shrubs and ground cover areas. 3. Multi- program controllers with separated valves and circuits shall be used when the project contains more than one type of landscape treatment (e.g., lawn, ground cover, shrub, tree areas), or a variety of solar aspects. 4. Soil moisture- sensing devices and rain sensors shall be used on projects with more than 1,000 square feet of landscaped area. The use of satellite based controllers is encouraged. 5. The review authority may require soil moisture - sensing devices and rain sensors for any project. 6. Watering shall be scheduled at times of minimal wind conflict and evaporation loss. 7. Sprinkler heads shall have matched precipitation rates within each valve zone. 8. Check valves are required where elevation differential may cause low head drainage. 9. Overspray or run -off onto paved areas is prohibited. October 2010 Newport Beach Zoning Code, Title 20 20.36 Landscaping Standards — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.38 — Nonconformina Uses and Structures Sections: 20.38.010 — Purpose 20.38.020 — Applicability 20.38.030 — Determination of Nonconformity 20.38.040 — Nonconforming Structures 20.38.050 — Nonconforming Uses 20.38.060 — Nonconforming Parking 20.38.070 — Landmark Structures 20.38.080 — Repair of Damaged or Partially Destroyed Nonconformities 20.38.090— Termination of Nonconforming Status 20.38.100 —Abatement Periods 20.38.010 — Purpose This Chapter establishes procedures for the continuation and maintenance of existing uses and structures, except signs, that do not conform to the provisions of this Zoning Code and for the abatement of those uses that may adversely affect the general welfare of persons and property. Refer to Section 20.42.140 (Nonconforming Signs) for regulations pertaining to nonconforming signs. The purpose of this Chapter is to: A. Establish procedures and criteria for the continuation, maintenance, and expansion of specific nonconforming uses and structures; B. Encourage nonconforming uses and structures to become more conforming over time; C. Reduce the number of nonconforming uses by prohibiting their reestablishment after abandonment; and D. Phase out nonconforming uses in residential zoning districts in compliance with the abatement periods established in this Chapter without infringing upon vested property rights. 20.38.020 — Applicability A. Legally established uses and structures. The provisions of this Chapter shall apply to all legally established uses and structures that become nonconforming due to reclassification, ordinance changes, or annexations. B. Exemptions. A structure that was legally constructed prior to (insert date of code adoption) shall be exempt from the limitations identified in Subsection 20.38.040.G.1 unless the structure is nonconforming because it does not comply with the required setbacks. October 2010 Newport Beach Zoning Code, Title 20 20.38 Nonconforming Uses and Structures 20.38.030 — Determination of Nonconformity A. Director's determination. The Director shall determine the nonconforming conditions of land uses and structures. B. Nonconforming use. Any use determined to have been lawfully established and maintained, but that does not conform to the use regulations or required conditions for the zoning district in which it is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City, shall be deemed to be a nonconforming use. A nonconforming use includes a use that was lawfully established and maintained, but is now conditionally allowed, and has not obtained a Conditional Use Permit or Minor Use Permit. 2. A use shall not be considered to have been "lawfully established and maintained" and is an illegal use if it was established or operated without required permits and licenses, including permits and licenses required by any Federal, State, or local government agency. C. Nonconforming structure. Any structure that was lawfully erected, but that does not conform with the development standards for the zoning district in which it is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City, shall be deemed to be a legal nonconforming structure. A structure, or any portion of a structure, shall not be considered to have been "lawfully erected" and is illegal if it was constructed without required permits, or was constructed inconsistent with approved plans for a required permit, including permits required by any Federal, State, or local government agency. D. Responsibility of owner. When a use or structure does not conform with the applicable use regulations or property development standards for the zoning district in which it is located, it shall be the responsibility of the owner to provide evidence that the use or structure was lawfully established, erected, and maintained and is nonconforming by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City. E. Illegal use or structure. A use or structure that was not lawfully established, erected, or maintained is contrary to the provisions of this Zoning Code and the City may commence proceedings for the abatement and removal of the use or structure in compliance with the provisions of Chapter 20.68 (Enforcement). 20.38.040 — Nonconforming Structures Nonconforming structures may be maintained, altered, or added on to only in compliance with the provisions of this Section. A. Maintenance and repairs. Routine maintenance and repairs may be made to nonconforming principal and accessory structures. B. Nonstructural alterations. Changes to interior partitions or other nonstructural improvements may be made to nonconforming principal structures, but shall not be made to accessory structures. • I Newport Beach Zoning Code, Title 20 October 2010 Nonconforming Uses and Structures 20.38 C. Structural alterations. Structural elements, with the exception of foundations of nonconforming principal structures (see Subsection D, below), may be modified, repaired, or replaced. Structural alteration of nonconforming accessory structures is not allowed. D. Foundation alterations. Maintenance and repairs may be made to foundations of nonconforming principal structures. For any alterations beyond routine repair or maintenance, the nonconforming structure shall be required to be brought into compliance with all applicable standards and regulations of this Zoning Code, except as provided in Subsection F, below. Alterations to nonconforming accessory structures shall not be allowed. A foundation of a nonconforming principal structure may be modified, retrofitted, or replaced when necessary and in conjunction with additions allowed in compliance with Subsections 20.38.040 G and 20.38.060 A, below. E. Seismic retrofits. Alterations to nonconforming structures due to seismic retrofitting requirements are allowed in compliance with Chapter 15.07 (Earthquake Hazard Reduction in Existing Buildings) of the Municipal Code. F. Reasonable accommodation. Improvements to a nonconforming structure that are necessary to comply with an approved reasonable accommodation in compliance with Section 20.52.070 (Reasonable Accommodations) shall be allowed. G. Additions. Nonconforming structures may be expanded and the existing nonconforming elements of the structure shall not be required to be brought into compliance with the development standards of this Zoning Code subject to the following limitations and the limitations provided in Section 20.38.060 (Nonconforming Parking). 1. Expansion shall be limited to a maximum of 50 percent of the gross floor area of the existing structure within any 10 year period; 2. The floor area of any addition, together with the floor area of the existing structure, shall not exceed the allowed maximum floor area for the zoning district; 3. The addition shall comply with all applicable development standards and use regulations of this Zoning Code ; and 4. Additional parking shall be provided in compliance with Section 20.38.060 (Nonconforming Parking), below. H. Exceptions. 1. Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar and Balboa Village that are nonconforming because they exceed the allowed floor area shall be exempt from the limits of this Section and may be demolished and reconstructed to their pre- existing height and floor area provided that not less than the pre- existing number of parking spaces is provided. 2. Landmark structures. Landmark structures shall be exempt from the requirements of this Chapter in compliance with Section 20.38.070 (Landmark Structures), below. October 2010 Newport Beach Zoning Code, Title 20 20.38 Nonconforming Uses and Structures 20.38.050 — Nonconforming Uses Nonconforming uses may be changed, expanded, increased, or intensified only as provided in this Section. A. Expansion and intensification of existing nonconforming uses. In nonresidential zoning districts, and in areas where residential uses are not allowed in planned community districts or specific plan districts, a use that was previously allowed by right, but which becomes nonconforming because of new permit regulations, may be expanded or intensified (e.g., increase in floor area, lot area, or occupancy load) subject to the approval of a Conditional Use Permit. B. Change of use. A nonconforming nonresidential use may be changed to a conforming use provided the change does not create or increase a deficiency in required off- street parking except as provided in Section 20.38.060 (Nonconforming Parking). 2. A residential use that is nonconforming because it exceeds the allowed number of units for the zoning district may be altered to reduce the number of dwelling units provided the reduction complies with any floor area limit and the provisions of Chapter 20.34 (Conversion or Demolition of Affordable Housing) are satisfied. C. Exception for landmark structures. The use of a landmark structure may be changed, expanded, increased, or intensified without obtaining a Conditional Use Permit required by this Section subject to compliance with the provisions of Section 20.38.070 (Landmark Structures). 20.38.060 — Nonconforming Parking A. Residential. Where a residential structure or use is nonconforming only because it does not conform to the off - street parking requirements of this Zoning Code, only the following alterations may be allowed: 1. Number of spaces. A residential development having less than the required number of parking spaces per dwelling unit shall be allowed the following repairs, alterations. and additions: a. Repair and maintenance, interior alterations, and structural alterations, as provided for in Subsections 20.38.040 (A -F), above ; and b. Additions up to a maximum of 10 percent of the existing floor area of the structure within a 10 year period as provided in Subsection 20.38.140.G, above. 2. Dimensions or type of parking spaces. Residential developments that are nonconforming because they do not have the required type of covered or enclosed parking spaces or because amendments to this Zoning Code have changed the dimensions of required parking spaces subsequent to the original construction of the structure may be altered or expanded as follows: a. All improvements and expansions allowed under Subparagraph A.1, above; Newport Beach Zoning Code, Title 20 October 2010 Nonconforming Uses and Structures 20.38 b. Additions larger than those allowed under Subparagraph A.1, above, may be allowed subject to the approval of a Modification Permit in compliance with Section 20.52.050 (Modification Permits). B. Nonresidential. Where nonresidential structures and uses are nonconforming because they do not provide the required number of parking spaces the following provisions shall apply: 1. Change of use. A nonconforming use in a nonresidential zoning district, and in areas where residential uses are not allowed in planned community districts or specific plan districts, may be changed to a new use allowed in that zoning district without providing additional parking provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. 2. Repair, maintenance, and alterations. Repair, maintenance, and alterations to nonconforming structures and uses shall be allowed as provided in Subsections 20.38.040 (A -G), above. 3. Addition to structure or intensification of use. A nonconforming structure or use may be enlarged by up to 10 percent of its existing gross floor area, or a nonconforming use may be changed to a new use that requires additional parking under the following conditions: a. Required parking for the additional square footage is provided; or b. If the new use requires more parking than the nonconforming use, the new use shall only be required to provide additional parking equal to the difference between the two; or C. A reduction in the number of required parking spaces is approved in compliance with the provisions of this Zoning Code. 4. Demolition of structure. All rights with regard to nonconforming parking shall be lost for a structure that is voluntarily demolished, except as provided in Subsection 20.38.040.1 (Exceptions), above. October 2010 Newport Beach Zoning Code, Title 20 20.38 Nonconforming Uses and Structures 20.38.070 — Landmark Structures A. Purpose. The purpose of this Section is to help preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming structures and uses and by maintaining the principal use and minimizing impacts on the surrounding area. B. Applicability. The following types of structures are recognized as having importance to the history and architecture of the City and are collectively designated as landmark structures: 1. Landmark theaters. The term landmark theaters shall mean a structure constructed for use as a cinema or theater that was constructed on or before December 12, 1950; has a single screen or stage; and was designed to seat more than 300 people. 2. Landmark structure. The term landmark structure shall mean a structure listed on the National Register of Historic Places, constructed on or before December 12, 1950. C. Exemptions. Changes in use and structural alterations to a landmark structure shall be exempt from the requirements of this Chapter in compliance with the following. 1. Change of use. a. The principal use of a landmark structure may be changed, modified, increased, or intensified without obtaining a discretionary permit subject to compliance with the conditions of Subsection D, below, and regardless of whether the use has been discontinued for a period of time. b. An accessory use may be initiated, increased, or intensified without obtaining a discretionary permit subject to compliance with the conditions of Subsection D, below. C. For purposes of this Section, the term principal use of a landmark theater shall mean the display of motion pictures and similar entertainment uses that occurred on a regular basis within the structure from its inception to January 1, 2003. d. For the purposes of this Section, the term principal use of a landmark structure shall be the use that occupied the greatest amount of floor area as of January 1, 2003. e. For purposes of this Section, the term accessory use shall mean a use that is allowed in the zoning district in which the landmark structure is located. 2. Alterations. Structural alterations may be made to a landmark structure without obtaining a discretionary permit subject to compliance with the conditions of Subsection D. below. Newport Beach Zoning Code, Title 20 October 2010 Nonconforming Uses and Structures 20.38 D. Conditions. The exemptions specified in Subsection C, above, are applicable on the following conditions: 1. A new use that is initiated and a use that is intensified by way of a change in operational characteristics shall be an accessory use and remain subordinate to the principal use of the landmark structure; 2. The principal use of the landmark structure shall occupy at least 70 percent of the gross floor area of the structure; 3. Any permit required by other Titles of the Municipal Code (other than Title 20) shall be obtained before the initiation or intensification of an accessory use of a landmark structure; 4. Accessory uses in any landmark theater shall be conducted only between the hours of 8:00 a.m. and 12:00 a.m.; 5. The required off - street parking of all uses after any additions, intensification, modification, or expansion (including credit for reductions in off - street parking resulting from the elimination of accessory uses existing on January 1, 2003) is less than the required off - street parking for the principal and accessory uses prior to any additions, intensification, modification or expansion; and 6. The fagade and exterior architectural features of the landmark structure are restored to substantially their original condition as determined by the Director and the exterior walls remain in substantially the same location as they existed on January 1, 2003. 20.38.080 — Repair of Damaged or Partially Destroyed Nonconformities A. Nonconforming use. A nonconforming use occupying land, a conforming structure, or portion of a conforming structure that is involuntarily damaged, or destroyed may be reestablished, provided that; 1. Restoration work is commenced within 12 months of the date of damage, unless otherwise allowed by the Director, and is diligently pursued to completion; and 2. An abatement period for the nonconforming use has not been established in compliance with Section 20.38.100 (Abatement Periods), below. B. Nonconforming structure. 1. Determination of replacement cost. The replacement cost of the structure shall be determined by the Building Official. However, the Building Official shall accept the appraised replacement cost of the structure as determined by an independent, licensed appraiser retained by the property owner. October 2010 Newport Beach Zoning Code, Title 20 20.38 Nonconforming Uses and Structures 2. Up To 75 percent damage or destruction. A nonconforming structure that is involuntarily damaged or destroyed may be repaired, restored, or rebuilt if the cost of the repair or restoration is less than 75 percent of the replacement cost of the entire structure.. The rights conferred by this Section are contingent upon diligent application for a Building Permit after the damage occurs and diligent pursuit of repairs or rebuilding to completion. 3. Greater than 75 percent damage or destruction. If a nonconforming structure is involuntarily damaged, or destroyed to an extent of more than 75 percent of its replacement cost, the nonconformity may be restored to its original condition subject to the approval of a Minor Use Permit. An application for the Minor Use Permit shall be made within 12 months after the damage or destruction occurs. C. Aging and deterioration. The provisions of this Section shall not allow replacement of nonconforming conditions in structures damaged by ongoing natural processes (e.g., dry rot or termites) or that have deteriorated due to age and lack of maintenance. D. Condominium units. When a Minor Use Permit is required for replacement or repair of condominium units that are involuntarily damaged, or destroyed no reduction in the number of units shall be required. The replacement units shall be permitted to be equivalent in size and location to the units that were damaged or destroyed. E. Exceptions for Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar and Balboa Village that are nonconforming because they exceed the allowed floor area shall be exempt from the limits of this Section and may be demolished and reconstructed to their pre- existing height and floor area provided that not less than the pre- existing number of parking spaces is provided. 20.38.090 — Termination of Nonconforming Status A. Nonconforming use. Unless otherwise provided in this Chapter a nonconforming use, or nonconforming operational characteristic of a use, shall cease operations, shall not be reestablished, and shall lose its nonconforming right when one or more of the following conditions occur: The use, or nonconforming operational characteristic of a use, is discontinued for 180 consecutive days, except as provided in Subsection C, below; 2. The use, or nonconforming operational characteristic of a use, is converted to a conforming use; 3. The use, or nonconforming operational characteristic of a use, is enlarged, extended, expanded (e.g., increase in floor area, lot area, or occupancy load), or changed to increase its nonconformity with the regulations this Zoning Code without first obtaining required approvals; or 4. The abatement period specified for the nonconforming use has expired as identified in Section 20.38.100 (Abatement Periods), below. Newport Beach Zoning Code, Title 20 October 2010 Nonconforming Uses and Structures 20.38 B. Demolition of structure. All rights with regard to maintaining nonconforming status of a structure or nonconforming parking shall be lost for a structure that is voluntarily demolished, except as provided in Subsection 20.38.040.1 (Exceptions), above. C. Exceptions. In nonresidential zoning districts, and in areas where residential uses are not allowed in planned community districts or specific plan districts, a nonconforming use that has been discontinued for 180 days or more may be reestablished subject to the approval of the Director when all of the following findings are made: a. The use is allowed by right, but is nonconforming only because it does not conform to one or more of the standards for specific land uses, including parking; b. The property or structure where the nonconforming use is located contains a substantial investment because of the structural design, equipment, or fixtures that are unique to and necessary for the operation of the former use; and C. The property owner has made a good faith effort to reestablish the use and has maintained the property in a manner to prevent unsafe or unsightly conditions during the period of inactivity. 2. A nonconforming use that has been discontinued for 180 days or more may be reestablished when located within a landmark structure, in compliance with the requirements of Section 20.38.070 (Landmark Structures). 20.38.100 —Abatement Periods A. Nonconforming uses shall be abated and terminated upon the expiration of the periods of time identified in this Section. B. All zoning districts when no structure is involved. Nonconforming uses of land located in any zoning district, planned community district, or specific plan district that do not involve the use of a structure shall be discontinued within one year of becoming nonconforming. C. Residential zoning districts involving a structure. In residential zoning districts or in an area where residential uses are allowed in planned community districts or specific plan districts, a nonconforming use of land involving a structure shall be discontinued as follows: 1. Abatement period. A nonconforming use of land involving a structure in residential zoning district shall be discontinued on the earliest date as follows: a. Within one year from May 21, 2008; or b. Upon the expiration of the term of a lease on the property. Any lease shall be the last lease entered into for the subject property prior to December 7, 2007; or October 2010 Newport Beach Zoning Code, Title 20 20.38 Nonconforming Uses and Structures C. Upon the expiration of a current operating license that is required by State law. 2. Order of abatement. Whenever the Director finds that any of the conditions exist that are identified in Subparagraph 1, above, the Director shall issue a written order of abatement to the property owners and all persons in possession of the property. The owner and /or person in possession shall comply within the time and in the manner stated in the order. 3. Exception. Multi- family and two - family residential uses located in residential zoning districts and in areas where residential uses are allowed in planned community districts or specific plan districts that are nonconforming only in terms of their number of units or parking shall not be subject to abatement. 4. Extension of abatement period. Following the issuance of an Abatement Order by the Director, a property owner may request an extension of the abatement period in order to amortize the property owner's investment and to avoid a potential taking of property either under the procedure outlined in this Subparagraph or under the procedure outlined in Subparagraph 5 (Extension of abatement period for residential care facility), below. a. Application requirements. An application for an extension of the abatement period shall be filed with the Department no later than 90 days prior to the expiration of the abatement period as specified in this Section. The application shall include the following information in addition to other information required by the Department: (1) The length of the requested extension of the abatement period; and (2) Evidence in support of the findings included in Subsubparagraph c (Findings /Considerations), below. b. Hearing Officer hearing and action. (1) The Hearing Officer, as provided in Section 20.60.040 (Hearing Officer), shall be the review authority for applications for requests of extensions to abatement periods for nonconforming uses in residential zoning districts and in planned community districts or specific plan districts where residential uses are allowed. (2) The Hearing Officer shall conduct a public hearing on the request in compliance with Chapter 20.62 (Public Hearings). (3) The Hearing Officer, by resolution, shall approve, conditionally approve, or deny the request for an extension to the abatement period. The resolution shall include; findings of fact; evidence presented of economic hardship arising from the abatement proceedings; the nonconformity's impact on the community; and other factors that may affect the length of the abatement period required to avoid an unconstitutional taking. Newport Beach Zoning Code, Title 20 October 2010 Nonconforming Uses and Structures 20.38 C. Findings and considerations. In reviewing an application for an extension to the abatement period the Hearing Officer shall consider the following: (1) Length of the abatement period in relation to the owner's investment in the use; (2) Length of time the use was operating prior to the date of nonconformity; (3) Suitability of the structure for an alternative use; (4) Harm to the public if the use remains beyond the abatement period; and (5) Cost and feasibility of relocating the use to another site. d. Notice to owner. Following the hearing, the Department shall send a copy of the Hearing Officer's action to the owner of the property within 10 days following the date of the Commission's action. e. Appeals. Refer to Subsection F, below. 5. Extension of abatement period for residential care facility. The abatement period for a residential care facility may be extended upon approval of an application by the Director under one or both of the circumstances outlined below. An application for an extension under this Subparagraph is separate and apart from an application for an extension under Subparagraph 4, above. A residential care facility may apply for an extension under either or both procedures: a. When the owner or occupant has applied for a Conditional Use Permit (Section 20.52.020) or Reasonable Accommodation (Section 20.52.070) in a timely manner and is diligently pursuing the applicable process, as determined by the Director; or b. When the business owner or occupant is contractually obligated to continue the provision of a program or service for one or more persons so long as any existing contract provides for a normal and customary term for the provision of those services. No term shall exceed 60 days. D. Nonresidential zoning districts involving a structure. 1. Abatement period. In nonresidential zoning districts, and in areas where residential uses are not allowed in planned community districts or specific plan districts, a nonconforming use of land involving a structure shall be discontinued within 10 years after the Commission determines that the orderly termination of the nonconforming use is necessary to promote the health, safety, and general welfare and to comply with the provisions of the Zoning Code and goals and policies of the General Plan. October 2010 Newport Beach Zoning Code, Title 20 20.38 Nonconforming Uses and Structures 2. Order of abatement. Whenever the Commission determines that the abatement of a nonconforming use is necessary in compliance with Subparagraph 1, above, the Director shall issue a written order of abatement to the property owners and all persons in possession of the property. The owners and /or persons in possession shall comply within the time and in the manner stated in the order. 3. Exceptions. The abatement period specified in Subparagraph 2, above, shall not apply except in the following circumstances: a. A different abatement period is specified in a planned community district or specific plan district; or b. The use is located in a landmark structure that is subject to the provisions of Section 20.38.070 (Landmark Structures) in which case there shall be no abatement period. 4. Extension of abatement period. Following the issuance of an Abatement Order by the Director, a property owner may request an extension of the abatement period in order to amortize the property owner's investment and to avoid a potential taking of property. a. Application requirements. An application for an extension of the abatement period shall be filed with the Department no later than 90 days prior to the expiration of the abatement period as specified in this Section. The application shall include the following information in addition to other information required by the Department: (1) The length of the requested extension of the abatement period; and (2) Evidence in support of the findings included in Subsubparagraph c (Findings /Considerations), below. b. Commission hearing and action. (1) The Commission shall be the review authority for applications for requests of extensions to abatement periods for nonconforming uses in nonresidential zoning districts and in planned community districts or specific plan districts where residential uses are not allowed. (2) The Commission shall conduct a public hearing in compliance with Chapter 20.62 (Public Hearings). (3) The Commission shall evaluate evidence presented of economic hardship arising from the abatement proceedings, the nonconformity's impact on the community, and other factors provided in Paragraph c, below, that may affect the length of the abatement period required to avoid an unconstitutional taking. (4) The Commission shall approve, conditionally approve, or deny the request for an extension to the abatement period only as required to avoid an unconstitutional taking of property. Newport Beach Zoning Code, Title 20 October 2010 Nonconforming Uses and Structures 20.38 C. Findings and considerations. In reviewing an application for an extension to the abatement period the Commission shall consider the following: (1) Length of the abatement period in relation to the owner's investment in the use; (2) Length of time the use was operating prior to the date of nonconformity; (3) Suitability of the structure for an alternative use; (4) Harm to the public if the use remains beyond the abatement period; (5) Cost and feasibility of relocating the use to another site; and (6) Other evidence relevant to the determination of whether an extension of the abatement period is required to avoid an unconstitutional taking of property. d. Notice to owner. Following the hearing, the Department shall send a copy of the Commission's action to the owner of the property within 10 days following the date of the Commission's action. E. Enforcement. The City shall enforce the provisions of this Chapter by civil action, utilization of the procedures in Chapter 20.68 (Enforcement), or any other proceedings or methods permitted by law. F. Appeals. 1. Decisions of the Director, Zoning Administrator, Hearing Officer, or Commission may be appealed in compliance with the procedures established in Chapter 20.64 (Appeals). 2. Council hearings on appeals of the Hearing Officer's decision shall not be de novo and the City Council shall determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentiary hearing. The City Council, acting as the appellate body, may sustain, reverse, or modify the decision of the Hearing Officer or remand the matter for further consideration. The remand shall include specific issues to be considered or a direction for a de novo hearing. October 2010 Newport Beach Zoning Code, Title 20 20.38 Nonconforming Uses and Structures — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.40 — Off - Street Parking Sections: 20.40.010 — Purpose 20.40.020 — Applicability 20.40.030 — Requirements for Off - Street Parking 20.40.040 — Off - Street Parking Spaces Required 20.40.050 — Parking Requirements for Shopping Centers 20.40.060 — Parking Requirements for Food Service Uses 20.40.070 — Development Standards for Parking Areas 20.40.080 — Parking for Nonresidential Uses in Residential Zoning Districts 20.40.090 — Parking Standards for Residential Uses 20.40.100 — Off -Site Parking 20.40.110 — Adjustments to Off - Street Parking Requirements 20.40.120 — Parking Management Districts 20.40.130 — In -lieu Parking Fee 20.40.010 — Purpose The purpose of this Chapter is to provide off - street parking and loading standards to: A. Provide for the general welfare and convenience of persons within the City by ensuring that sufficient parking facilities are available to meet the needs generated by specific uses and that adequate parking is provided, to the extent feasible; B Provide accessible, attractive, secure, and well- maintained off - street parking and loading facilities; C. Increase public safety by reducing congestion on public streets and to minimize impacts to public street parking available for coastal access and recreation; D. Ensure access and maneuverability for emergency vehicles; and E. Provide loading and delivery facilities in proportion to the needs of allowed uses. 20.40.020 — Applicability A. Off - street parking required. Each use, including a change or expansion of a use or structure, except as otherwise provided for in Chapter 20.38 (Nonconforming Uses and Structures) shall have appropriately maintained off - street parking and loading areas in compliance with the provisions of this Chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed. October 2010 Newport Beach Zoning Code, Title 20 20.40 Off - Street Parking B. Change, enlargement, or intensification of use. Changes in use and enlargement or intensification of an existing use shall require compliance with the off - street parking requirements of this Chapter, except as allowed in Chapter 20.38 (Nonconforming Uses and Structures). 20.40.030 — Requirements for Off - Street Parking A. Parking required to be on -site. Parking shall be located on the same lot or development site as the uses served, except for the following: 1. Townhouses and multi- tenant uses. Where parking is provided on another lot within the same development site, the parking shall be located within 200 feet of the units they are intended to serve. 2. Off -site parking agreement. Parking may be located off site with the approval of an off -site parking agreement in compliance with Subsection 20.52.080.0 (Parking agreement). B. Permanent availability required. Each parking and loading space shall be permanently available and maintained for parking purposes for the use it is intended to serve. The Director may authorize the temporary use of parking or loading spaces for other than parking or loading in conjunction with a seasonal or intermittent use allowed in compliance with Section 20.52.040 (Limited Term Permit). C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained in good condition. D. Vehicles for sale. Vehicles, trailers, or other personal property shall not be parked upon a private street, parking lot, or private property for the primary purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, and the vendor is licensed to transact a vehicle sales business at that location. E. Calculation of spaces required. 1. Fractional spaces. Fractional parking space requirements shall be rounded up to the next whole space. 2. Bench seating. Where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a separate or individual seat. 3. Gross floor area. References to spaces per square foot are to be calculated on the basis of gross floor area unless otherwise specified. 4. Net public area. "Net Public Area" shall be defined as the total area accessible to the public within an eating and /or drinking establishment, excluding kitchens, restrooms, offices pertaining to the use, and storage areas. 5. Spaces per occupant. References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the City of Newport Beach Fire Department. Newport Beach Zoning Code, Title 20 October 2010 Off - Street Parking 20.40 6. Spaces required for multiple uses. If more than one use is located on a site, the number of required off - street parking spaces shall be equal to the sum of the requirements prescribed for each use. F. Nonconforming parking and loading. Land uses and structures that are non- conforming due solely to the lack of off - street parking or loading facilities required by this Chapter, shall be subject to the provisions of Section 20.38.060 (Nonconforming Parking). 20.40.040 — Off - Street Parking Spaces Required Off - street parking spaces shall be provided in compliance with Table 3.11, below. These standards shall be considered the minimum required to preserve the public health, safety, and welfare, and more extensive parking provisions may be required by the review authority in particular circumstances. Unless otherwise noted parking requirements are calculated based on gross floor area. Land Use Parking Spaces Required Industry Small - 5,000 sq. ft. or less 1 per 500 sq. ft. Large - Over 5,000 sq. ft. 1 per 1,000 sq. ft. Industry, Marine Related 1 per 750 sq. ft. Personal Storage (Mini Storage) 2 for resident manager, plus additional for office as required by Minor Use Permit Research and Development 1 per 500 sq. ft. Warehousing and Storage 1 per 2,000 sq. ft., plus 1 per 350 sq. ft. for offices. Minimum of 10 spaces per use Wholesaling 1 per 1,000 sq. ft. Recreation, Education, and Public Assembly Uses jIIIIIIIIIIIIIIIIII Assembly /Meeting Facilities 1 per 3 seats or 1 per 35 sq. ft. used for assembly purposes Commercial Recreation and Entertainment As required by Conditional Use Permit Cultural Institutions 1 per 300 sq. ft. Schools, Public and Private Residential Accessory Dwelling Units As required by Conditional /Minor Use Permit 1 per unit; a minimum of 2 covered per site. Single -Unit Dwellings - Attached 2 per unit in a garage Single -Unit Dwellings - Detached and less than 4,000 sq. ft. of habitable floor area 2 per unit in a garage October 2010 Newport Beach Zoning Code, Title 20 20.40 Off - Street Parking TABLE 3 -10 OFF - STREET PARKING REQUIREMENTS Land Use Parking Spaces Required Single -Unit Dwellings - Detached and 4,000 3 per unit in a garage square ft. or greater of floor area office area Single -Unit Dwellings - Balboa Island 2 per unit in a garage Multi -Unit Dwellings - 3 units 2 per unit covered, plus guest parking; Shopping Centers 1 - 2 units, no guest parking required 3 units, 1 guest parking space Multi -Unit Dwellings - 4 units or more 2 per unit covered, plus 0.5 space per unit for guest Convalescent Facilities parking Two -Unit Dwellings 2 per unit; 1 in a garage and 1 covered or in a garage Live /work units 2 per unit in a garage, plus 2 for guest/customer Hospitals parking Senior Housing - market rate 1.2 per unit Senior Housing - affordable Retail 1 per unit .- Appliances, Building Materials, Home Electronics, 1st 10,000 sq. ft. - 1space per 300 sq. ft. Furniture, Nurseries, and Similar Large Warehouse- Over 10,000 sq. ft. - 1 space per 500 sq. ft. type Retail Sales and Bulk Merchandise Facilities Plus 1 per 1,000 s .ft. of outdoor merchandise areas Food and Beverage Sales 1 per 200 sq. ft. Marine Rentals and Sales Boat Rentals and Sales 1 per 1,000 sq. ft. of lot area, plus 1 per 350 sq. ft of office area Marine Retail Sales 1 per 250 sq. ft. Retail Sales 1 per 250 sq. ft. Shopping Centers 1 per 200 sq. ft. See Section 20.40.050 Service Uses — Business, Financial, Medical, and Professional Ig Convalescent Facilities 1 per 3 beds or as required by Conditional Use Permit Emergency Health Facilities 1 per 200 sq. ft. Financial Institutions and Related Services 1 per 250 sq. ft. Hospitals 1 per bed; plus 1 per resident doctor and 1 per employee. Offices* - Business, Corporate, General, Governmental First 50,000 sq. ft. 1 per 250 sq. ft. net floor area Next 75,000 sq. ft. 1 per 300 sq. ft. net floor area Floor area above 125,001 sq. ft. 1 per 350 sq. ft. net floor area * Not more than 20% medical office uses. Offices - Medical and Dental Offices 1 per 200 sq. ft. Newport Beach Zoning Code, Title 20 October 2010 Off - Street Parking 20.40 TABLE 3 -10 OFF - STREET PARKING REQUIREMENTS Land Use Parking Spaces Required 1 Der 250 sa. ft. Adult- Oriented Businesses 1 per 1.5 occupants or as required by Conditional Use Permit Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces. Animal Sales and Services Animal Boarding /Kennels 1 per 400 sq. ft. Animal Grooming 1 per 400 sq. ft. Animal Hospitals /Clinics 1 per 400 sq. ft. Animal Retail Sales 1 per 250 sq. ft. Artists' Studios 1 per 1,000 sq. ft. Catering Services 1 per 400 sq. ft. Care Uses Adult DaV Care — Small (6 or fewer) Spaces required for dwelling unit only. Adult Day Care - Large (7 or more) 2 per site for drop -off and pick -up purposes (in addition to the spaces required for the dwelling unit). Child Day Care — Small (6 or fewer) Spaces required for dwelling unit only. Child Day Care - Large (9 to 14) 2 per site for drop -off and pick -up purposes (in addition to the spaces required for the dwelling unit). Day Care - General 1 per 7 occupants based on maximum occupancy late hours allowed per license. Residential Care - General (7 to 14) 1 per 3 beds Eating and Drinking Establishments Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of net public area., whichever is greater Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed occupancy load or as required by Conditional Use Permit 1 per 30 -50 sq. ft. of net public area, including outdoor Food Service with /without alcohol, with /without dining areas, but excluding the first 25% or 1,000 sq. ft late hours of outdoor dining area, whichever is less. See Section 20.48.090 Food Service - Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for outdoor dining areas Take -Out Service - Limited 1 per 250 sq. ft. Emergency Shelter As required by Conditional Use Permit Funeral Homes and Mortuaries 1 per 35 sq. ft. of assembly area Health /Fitness Facilities Small - 2,000 sq. ft or less 1 1 per 250 sq. ft. Large - Over 2,000 sq. ft. 1 1 per 200 sq. ft. October 2010 Newport Beach Zoning Code, Title 20 20.40 Off - Street Parking mmTABLE 3 -10 OFF - STREET PARKING REQUIREMENTS Land Use Parking Spaces Required Laboratories (medical, dental, and similar) 1 per 500 sq. ft Maintenance and Repair Services 1 Der 500 so. ft. Marine Services Boat Storage -Dry 0.33 per storage space or as required by Conditional Use Permit Boat Yards As required by Conditional Use Permit Dry Docks 2 per dry dock Entertainment and Excursion Services 1 per each 3 passengers and crew members Marine Service Stations As required by Conditional Use Permit Sport Fishing Charters 1 per each 2 passengers and crew members Water Transportation Services - Office 1 per 100 sq. ft., minimum 2 spaces Personal Services Massage Establishments 1 per 200 sq. ft. or as required by Conditional Use Permit Nail Salons 1 per 80 sq. ft. Personal Services, General 1 per 250 sq. ft. Studio (dance, music, and similar) 1 per 250 sq. Ft. Postal Services 1 per 250 sq. ft. Printing and Duplicating Services 1 per 250 sq. ft. Recycling Facilities Collection Facility - Large 4 spaces minimum, but more may be required by the review authority Collection Facility - Small As required by the review authority Visitor Accommodations Bed and Breakfast Inns 1 per guest room, plus 2 spaces Hotels and accessory uses As required by Conditional Use Permit Motels 1 per guest room or unit Recreational Vehicle Parks As required by Conditional Use Permit Time Shares Transportation, Communication Facilities As required by Conditional Use Permit 1 per 500 sq. ft. Heliports and Helistops As required by Conditional use Permit Marinas 0.75 per slip or 0.75 per 25 feet of mooring space Vehicle Rental, Sale, and Service Uses Rentals Office Only 1 1 per 250 sq. ft. Limited 1 per 300 sq. ft., plus 1 per rental vehicle (not including bicvcles and similar vehicles) Newport Beach Zoning Code, Title 20 October 2010 Off - Street Parking 20.40 TABLE 3 -10 OFF - STREET PARKING REQUIREMENTS Land Use Parking Spaces Required r Vehicle/Equipment Rentals and Sales 1 per 1,000 sq. ft. of lot area Vehicles for hire 1 per 300 sq. ft., plus 1 per each vehicle associated with the use and stored on the same site Vehicle Sales, Office Only 1 per 250 sq. ft., plus 1 as required by DMV Vehicle /Equipment Repair (General and Limited) 1 per 300 sq. ft. or 5 per service bay whichever is more Vehicle /Equipment Services Automobile Washing 1 per 200 sq. ft.of office or lounge area; plus queue for 5 cars per washing station Service Station 1 per 300 sq. ft. or 5 per service bay whichever is more; minimum of 4 Service Station with Convenience Market 1 per 200 sq. ft., in addition to 5 per service bay Vehicle Storage 1 per 500 sq. ft. • Caretaker Residence 1 per unit Special Events As required by Municipal Code Chapter 11.03 Temporary Uses As required by the Limited Term Permit in compliance with Section 20.52.040 20.40.050 — Parking Requirements for Shopping Centers A. An off - street parking space requirement of 1 space for each 200 square feet of gross floor area may be used for shopping centers meeting the following criteria: The gross floor area of the shopping center does not exceed 100,000 square feet; and 2. The gross floor area of all eating and drinking establishments does not exceed 15 percent of the gross floor area of the shopping center. B. Individual tenants with a gross floor area of 10,000 square feet or more shall meet the parking space requirement for the applicable use in compliance with Section 20.40.040 (Off- street Parking Spaces Required), above. C. Shopping centers with a gross floor areas in excess of 100,000 square feet or with eating and drinking establishments occupying more than 15 percent of the gross floor area of the center shall use a parking requirement equal to the sum of the requirements prescribed for each use in the shopping center. October 2010 Newport Beach Zoning Code, Title 20 20.40 Off - Street Parking 20.40.060 — Parking Requirements for Food Service Uses A. Establishment of parking requirement. The applicable review authority shall establish the off - street parking requirement for food service uses within a range of one space for each 30 to 50 square feet of net public area based upon the following considerations: 1. The physical design characteristics: a. The gross floor area of the building or tenant space; d. The number of tables or seats and their arrangement; e. Other areas that should logically be excluded from the determination of net public area; f. The parking lot design, including the use of small car spaces, tandem and valet parking and loading areas; g. Availability of guest dock space for boats; and h. Extent of outdoor dining. 2. Operational characteristics: a. The amount of floor area devoted to live entertainment or dancing; b. The amount of floor area devoted to the sale of alcoholic beverages; C. The presence of pool tables, big screen televisions or other attractions; d. The hours of operation; and e. The expected turn over rate. 3. Location of the establishment: a. In relation to other uses and the waterfront; b. Availability of off -site parking nearby; C. Amount of walk -in trade: and d. Parking problems in the area at times of peak demand. B. Conditions of approval. If during the review of the application, the review authority uses any of the preceding considerations as a basis for establishing the parking requirement, the substance of the considerations shall become conditions of the permit application approval and a change to any of the conditions will require an amendment to the permit application, which may be amended to establish parking requirements within the range as noted above. i Newport Beach Zoning Code, Title 20 October 2010 Off - Street Parking 20.40 20.40.070 — Development Standards for Parking Areas A. Access to parking areas. Access to off - street parking areas shall be provided in the following manner: 1. Nonresidential and multi -unit. Parking areas for nonresidential and multi -unit uses: a. Adequate and safe maneuvering aisles shall be provided within each parking area so that vehicles enter an abutting street or alley in a forward direction. b. The Director may approve exceptions to the above requirement for parking spaces immediately adjoining a public alley, provided not more than 10 feet of the alley right -of -way is used to accommodate the required aisle width, and provided the spaces are set back from the alley the required minimum distances shown in the Table 3 -12, below. TABLE 3 -11 PARKING SETBACK FROM ALLEY Alley Width Minimum Setback 15-0" or less 5-0" 15' -1" to 19' -11" T -9" 20' -0" or more 2' -6" C. The first parking space within a parking area accessed from a public street shall be set back a minimum of 5 feet from the property line. 2. Access ramps. Ramps providing vehicle access to parking areas shall not exceed a slope of 15 percent. Changes in the slope of a ramp shall not exceed 11 percent and may occur at 5 -foot intervals. Refer to Public Works Standard 160L -B, C and 805L -B. The Director of Public Works may modify these standards to accommodate specific site conditions. B. Location of parking facilities. 1. Residential uses. Parking facilities serving residential uses shall be located on the same site as the use the parking is intended to serve. Additional requirements are provided in Section 20.40.090 (Parking Standards for Residential Uses), below. 2. Nonresidential uses. Parking facilities for nonresidential uses shall be located on the same site as the use the parking is intended to serve, except where an off site parking facility is approved in compliance with Section 20.40.100 (Off -site Parking). October 2010 Newport Beach Zoning Code, Title 20 20.40 Off - Street Parking 3. Parking structures. When adjacent to a residential zoning district, the development of structured parking, including rooftop parking shall require the approval of a Conditional Use Permit to address potential impacts to adjacent residential uses. 4. Parking on slopes. Parking shall not be allowed on slopes greater than 5 percent. This shall not apply to parking spaces located within a parking structure. The Director of Public Works may adjust these standards to accommodate specific site conditions. C. Parking space and lot dimensions. 1. Minimum parking space and drive aisle dimensions. Each parking space, drive aisle, and other parking lot features shall comply with the minimum dimension requirements in Tables 3 -13 and 3 -14, below, and as illustrated in Figure 3 -8. 2. Width of parking aisle. The width of parking aisles may by reduced by the Public Works Director in unique situations arising from narrow lots or existing built conditions when traffic safety concerns have been addressed. TABLE 3 -12 MINIMUM STANDARD PARKING SPACE SIZE Minimum Standard Space Requirements Width Length 8 ft. 6in. 17ft TABLE 3 -13 STANDARD VEHICLE SPACE REQUIREMENTS Angle (degrees) Stall Width (1)(3) Stall Depth (2) Stall Length (3) Aisle Width One -Way Two -Way Parallel 8 ft N/A 22 ft 14 ft 24 ft 30 8ft6in 16 ft 17ft 14 ft N/A 45 8ft6in 18ft 17ft 14 ft N/A 60 8ft6in 19ft 17ft 18ft N/A 90 8ft6in 17ft 17ft 26 ft 26 ft (1) When the length of a parking space abuts a wall, or similar obstruction, the required width of the space shall be increased to 9 feet. (2) Measured perpendicular to aisle (3) Structural elements shall not encroach into the required stall, with the exception of a 1 foot square area at the front corners. Newport Beach Zoning Code, Title 20 October 2010 Off - Street Parking 20.40 3. Bumper overhang areas. A maximum of 2.5 feet of the parking stall depth may be landscaped with low- growing, hearty materials in lieu of paving or an adjacent walkway may be increased, allowing a 2.5 foot bumper overhang while maintaining the required parking dimensions. 4. Compact parking. Compact parking spaces shall not be allowed. However, where they exist at the time of adoption of this Zoning Code they may remain and shall not be considered a nonconforming condition. Str"I 30 Degree Angle Parking 60 Degree Angle Parking west 45 Degree Angle Parking _F6r ill Wheel Stops or curbs 22 io lnndsra Siri i! PL :H Pe i t Sidew� —�c7 l Figure 3 -8 Parking Lot Dimensions 90 Degree Parking October 2010 Newport Beach Zoning Code, Title 20 20.40 Off- Street Parking D. Required parking area improvements. following improvements: 1. Curbing and wheel stops. Off - street parking areas shall have the a. Continuous concrete curbing shall be installed a minimum of 5 feet from a wall, fence, building, or other structure. Curbs shall be a minimum of 4 inches high. b. The minimum standard curb radius shall be 6 feet at all aisle corners. Alternative curb radii may be approved by the Director of Public Works. C. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the parking area drainage is directed to the landscaped area subject to the approval of the Director of Public Works. Wheel stops shall be placed to allow for 2 feet of vehicle overhang area within the dimension of the parking space. Wheel stops shall not be used in conjunction with continuous curbing, including adjacent to raised walkways. 2. Drainage. Parking lots shall be designed in compliance with the storm water quality and quantity standards of the City's Best Management Practices and the City's Standard Specifications and Plans. 3. Landscaping. Landscaping for new surface parking lots with 10 or more spaces shall be provided as indicated below. These requirements do not apply to routine maintenance and restriping of existing parking lots. a. Perimeter parking lot landscaping. (1) Adjacent to streets. (a) Parking areas abutting a public street shall be designed to provide a perimeter landscape strip a minimum 5 feet wide between the street right -of -way and parking area. The Director may grant an exception to this requirement if existing structures, substandard lots, or unique site conditions preclude its implementation. In this case, the maximum feasible planting strip area shall be provided based on site conditions. (b) Landscaping, other than trees, shall be designed and maintained to screen cars from view from the street and shall be maintained at approximately 36 inches in height. (c) Screening materials may include a combination of plant materials, earth berms, raised planters, low walls, or other screening devices that meet the intent of this requirement as approved by the Director. (d) Plant materials, walls, or structures within a traffic sight area of a driveway shall not exceed 36 inches in height in compliance with Section 20.30.130 (Traffic Safety Visibility Area). Newport Beach Zoning Code, Title 20 October 2010 Off - Street Parking 20.40 (2) Adjacent to residential use. (a) Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer yard with a minimum of 5 feet in width between the parking area and the common property line bordering the residential use. A solid masonry wall and landscaping in compliance with Subsection 20.30.020.D (Screening and buffering between different zoning districts) shall be provided along the property line. (b) Trees shall be provided at feet of landscaped area and container at time of planting. b. Interior parking lot landscaping. (1) Trees required. rate of one for each 30 square shall be a minimum 24 inch box (a) Number and location. Trees shall be evenly spaced throughout the interior parking area at a rate of one tree for every 5 parking spaces. Trees shall be located in planters that are bounded on at least 2 sides by parking area paving. Planters shall have a minimum exterior dimension of 5 feet. (b) Size. All trees within the parking area shall be a minimum 24 inch box container at time of planting. (2) Ends of aisles. All ends of parking aisles shall have landscaped islands planted with trees, shrubs, and ground cover. (3) Larger projects. Parking lots with more than 100 spaces shall provide an appropriate entry feature consisting of a concentration of landscape elements, including specimen trees, flowering plants, enhanced paving, and project identification. 4. Lighting. Parking lots shall be lighted so that there is a minimum illumination over the entire lot of 1.0 footcandle and an average over the entire lot of 2.5 footcandles.. Lighting shall comply with the standards in Section 20.30.070 (Outdoor Lighting). 5. Stall markings, directional arrows, and signs. a. Parking spaces shall be clearly outlined with 4- inch -wide lines painted on the surface of the parking facility. Car pool and van pool spaces shall be clearly identified for exclusive use of car pools and van pools. b. Parking spaces for the disabled shall be striped and marked so as to be clearly identified in compliance with the applicable Federal, State, and City standards. October 2010 Newport Beach Zoning Code, Title 20 20.40 Off - Street Parking C. Driveways, circulation aisles, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. d. The Director of Public Works may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility. 6. Surfacing. Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or interlocking paving stones or other City approved surfaces. E. Enclosed parking. The following regulations shall apply to enclosed commercial off- street parking: 1. Doors shall remain open during regular business hours; 2. A sign shall be posted on the business frontage that advises patrons of the availability and location of parking spaces; 3. Signs shall be posted on the site containing the following information: a. Doors are to remain open during business hours; and b. A number to call for Code Enforcement. 4. The location, size, and color of the signs required above shall be approved by the Department. 20.40.080 — Parking for Nonresidential Uses in Residential Zoning Districts Where parking lots for nonresidential uses are allowed in residential zoning districts in compliance with Chapter 20.18 (Residential Zoning Districts), they shall be developed in compliance with the following requirements in addition to other applicable standards provided in this Chapter. A. Conditional Use Permit required. Approval of a Conditional Use Permit shall be required in order to locate a parking lot intended for nonresidential use within a residential zoning district. B. Location of parking area. The parking area shall be accessory to, and for use of, one or more abutting nonresidential uses allowed in an abutting commercial zoning district. The Commission may grant a waiver for noncontiguous parking lots, but only under all of the following conditions: 1. The parking lot is designed to be compatible with the neighborhood; 2. There are no residential uses between the parking lot and the commercial zoning district; 3. The location of the parking lot does not fragment the adjacent neighborhood; Newport Beach Zoning Code, Title 20 October 2010 Off - Street Parking 20.40 The parking lot is not detrimental or injurious to property and improvements in the neighborhood; and 5. The parking lot is located within a reasonable walking distance of the use to which it is an accessory. C. Access. Access to parking lots shall be from commercial streets or alleys. An exception may be granted by the Commission if no commercial streets are available for access. D. Passenger vehicle parking only. Parking lots shall be used solely for the parking of passenger vehicles. E. Signs. No signs, other than signs designating entrances, exits, and conditions of use shall be maintained in parking areas. Signs shall not exceed 4 square feet in area and 5 feet in height. The number and location shall be approved by the Director before installation. F. Perimeter wall. The parking lot shall have a solid masonry wall 6 feet in height along all interior property lines adjacent to residential zoning districts and 36 inches in height adjacent to streets and the front setback area of an abutting residential use. G. Development standards. The parking lot shall be developed in compliance with the development standards of this Chapter and the outdoor lighting standards in Section 20.30.070 (Outdoor lighting). H. No overnight parking. Overnight parking shall be prohibited and the parking lot shall be secured after business hours to prevent any use of the facility. 20.40.090 — Parking Standards for Residential Uses A. Parking space and driveway dimensions. 1. Minimum interior dimensions. The minimum interior dimensions for parking spaces in residential zoning districts shall be as provided in Table 3 -14, below. The Director may approve a reduced width for duplex units when two separate single car garages are proposed side by side and the applicant has proposed the maximum width possible. TABLE 3 -14 MINIMUM INTERIOR DIMENSIONS Lot Width Single Car/Tandem' Two Car 30 feet or less 9' -3" x 19'(35')* 17' -6" x 19' 30.1 - 39.99 feet 10'x 19'(35')* 18' -6" x 19' 40 feet or more 10'x 20' 20'x-20' " The minimum depth for a 2 -car tandem space is 35 feet. October 2010 Newport Beach Zoning Code, Title 20 20.40 Off - Street Parking 2. Tandem parking. Tandem parking for a maximum of 2 cars in depth shall be allowed in residential districts subject to the minimum interior dimensions provided in Table 3 -15, above. 3. Driveway width. Driveways visible from a public right -of -way shall not be wider than required to access an adjacent garage as follows: a. One car garage: 10 feet wide b. Two car garage: 20 feet wide C. Three car garage: 25 feet wide d. Four car garage: 32 feet wide 4. Vertical clearances. The minimum unobstructed vertical clearance for parking spaces shall be 7 feet, except that the front 4 feet may have a minimum vertical clearance of 4 feet. B. Access to parking. 1. Direct access required. Each parking space shall be capable of being accessed directly from an adjoining vehicular right -of -way or over an improved hard surfaced driveway, except for approved tandem parking spaces. 2. Clear access required. Where access to a required parking space is taken over a driveway, the driveway shall be maintained free and clear at all times except for the parking of currently registered, licensed motor vehicles, and for temporary obstructions that are incidental to the use of the property. Temporary obstructions in the driveway shall be allowed only for a period up to 72 hours. C. Location of parking. 1. Allowed parking areas. Parking of vehicles is allowed only in permanent parking areas and on driveways leading to allowed parking areas. Under no circumstances shall landscaped areas or hardscaped areas in front yards, other than driveways, be used for the parking of vehicles. 2. Garages facing the street. Garages with doors that face the street that are located within 20 feet of the front property line shall be equipped with automatic roll -up doors. 3. Parking located in required setback areas. The following requirements shall apply to the parking or storage of motor vehicles, recreational vehicles, watercraft, trailers, and similar items in residential zoning districts: a. Front setback areas. Parking or storage in required front setback areas shall be prohibited, except on driveways in front of garages that set back a minimum of 20 feet from the front property line. b. Side setback areas. Parking or storage in required side setback areas (behind the rear line of the required front setback area) shall be allowed. Newport Beach Zoning Code, Title 20 October 2010 Off - Street Parking 20.40 C. Rear setback areas without alleys. Parking or storage in required rear setback areas shall be allowed. d. Rear setback areas with alleys. Parking or storage in required rear setback areas shall not be allowed. 20.40.100 — Off -Site Parking A. Conditional Use Permit required. Approval of a Conditional Use Permit shall be required for a parking facility or any portion of required parking that is not located on the same site it is intended to serve. B. Findings. In order to approve a Conditional Use Permit for an off site parking facility the Commission shall make all of the following findings in addition to those required for the approval of a Conditional Use Permit: 1. The parking facility is located within a convenient distance to the use it is intended to serve; 2. On- street parking is not being counted towards meeting parking requirements: 3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 4. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. C. Parking agreement. A parking agreement, which guarantees the long term availability of the parking facility for the use it is intended to serve, shall be recorded with the County Recorder's Office. The agreement shall be in a form approved by the City Attorney and the Director D. Loss of off site Parking. 1. Notification of City. The owner or operator of a business that uses approved off site parking facility to satisfy the parking requirements of this Chapter shall immediately notify the Director of any change of ownership or use of the property where the spaces are located, or changes in the use that the spaces are intended to serve, or of any termination or default of the agreement between the parties. 2. Effect of termination of agreement. Upon notification that the agreement for the required off site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur: a. Substitute parking is provided that is acceptable to the Director; or b. The size or capacity of the use is reduced in proportion to the parking spaces lost. October 2010 Newport Beach Zoning Code, Title 20 20.40 Off - Street Parking 20-40.110— Adjustments to Off - Street Parking Requirements The number of parking spaces required by this Chapter may be reduced only in compliance with the following standards and procedures. A. ADA compliance. The Director may administratively reduce parking requirements due to a loss of parking spaces because of ADA requirements associated with tenant improvements. B. Reduction of required off - street parking. Off - street parking requirements may be reduced with the approval of a Conditional Use Permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows: 1. Reduced parking demand. Required off - street parking may be reduced with the approval of a Conditional Use Permit in compliance with the following conditions: a. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on- street parking available, greater than normal walk in trade, mixed use development) ; and b. A parking management plan shall be prepared in compliance with Subsection C (Parking management plan), below 2. Joint use of parking facilities. Required off - street parking may be reduced with the approval of a Conditional Use Permit where two or more nonresidential uses on the same site or immediately adjacent sites have distinct and differing peak parking demands (e.g. a theater and a bank). The review authority may grant a joint use of parking spaces between the uses that results in a reduction in the total number of required parking spaces in compliance with the following conditions: a. The most remote space is located within a convenient distance to the use it is intended to serve; b. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking; C. The probable long -term occupancy of the structures, based on their design, will not generate additional parking demand; d. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities; e. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department; and Newport Beach Zoning Code, Title 20 October 2010 Off - Street Parking 20.40 A parking management plan shall be prepared in compliance with Subsection C (Parking management plan), below C. Parking management plan. When a parking management plan to mitigate impacts associated with a reduction in the number of required parking spaces is required by this Chapter, the parking management plan may include, but is not limited to the following when required by the review authority: Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict; 2. Restricting land uses with high parking demand characteristics; Securing off site parking in compliance with Section 20.40.100 (Off -site Parking); Providing parking attendants and valet parking; and Other appropriate mitigation measures. D. Required Data. In reaching a decision to allow a reduction of required parking spaces, the review authority shall consider data submitted by the applicant or collected /prepared at the applicant's expense. 20.40.120 — Parking Management Districts Properties within a parking management district, established through the PM (Parking Management) Overlay District, may be exempted from all or part of the off - street parking requirements of this Chapter in compliance with the provisions of the adopted parking management district plan. 20.40.130 — In -lieu Parking Fee The number of parking spaces required by Section 20.40.040 (Off- Street Parking Spaces Required) may be reduced if the review authority authorizes the use of an in -lieu fee to be paid by the applicant towards the development of public parking facilities. The in -lieu fee shall be paid to the City -wide Parking Improvement Trust Fund. The amount of the fee and time of payment shall be established by Council resolution. October 2010 Newport Beach Zoning Code, Title 20 20.40 Off - Street Parking — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.42 — Sign Standards Sections: 20.42.010 — Purpose 20.42.020 — Effect of Chapter 20.42.030 — General Provisions 20.42.040 — Definitions 20.42.050 — Prohibited Signs 20.42.060 — Provisions Applying to All Sign Types 20.42.070 — Standards for Permanent Signs 20.42.080 — Standards for Specific Types of Permanent Signs 20.42.090 — Standards for Temporary Signs 20.42.100 —Procedures for Sign Approval, Exemptions, and Revocations 20.42.110 —Modification Permit 20.42.120 — Comprehensive Sign Program 20.42.130 — Innovative Sign Program 20.42.140 — Nonconforming Signs 20.42.150 — Abandoned Signs 20.42.160 — Illegal Signs 20.42.170 — Maintenance Requirements 20.42.180 — Heritage Signs 20.42.010 — Purpose The City of Newport Beach is a unique community located in an extraordinary environmental setting. Because of the need to protect and enhance the City's unique character and aesthetic standards, to protect public safety and property values, and to promote tourism through enhanced aesthetic appeal, the Council finds that proper sign control is an important governmental interest. Therefore, the intent of the standards in this Chapter is as follows: A. Provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place, and manner under which signs may be displayed. B. Preserve and enhance the community's appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs. C. Encourage signs that are well designed and that attract and invite rather than demand the public's attention. D. Encourage the design of signs that are complementary to the buildings and uses to which they relate and that are harmonious with their surroundings. E. Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content - neutral approach to sign regulation. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards F. Enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property, and general welfare of City residents and visitors. G. Provide a review and approval process for signs to ensure compliance with the requirements of this Chapter. 20.42.020 — Effect of Chapter A. Regulatory scope. This Chapter regulates signs, as defined in this Chapter, that are placed on private property or on property owned by public agencies other than the City of Newport Beach and over which the City has zoning authority. Regulations for signs on public property are codified in Municipal Code Chapter 13.20. B. Applicability. The regulations in this Chapter shall apply to all signs in all zoning districts that come within the regulatory scope as defined in Paragraph A, above, unless specifically exempted. In addition, the provisions of Municipal Code Chapter 15.16 relating to building codes, sign permits, fees, penalties, and a method of enforcement shall also apply. Applications for sign permits that comply with the requirements of this Chapter, and other applicable laws, shall be approved. Sign Permits shall be required in compliance with Section 20.42.100 (Procedures for Sign Approval, Exceptions, and Revocations). Where approval of a Conditional Use Permit, variance, Modification Permit, site plan review, or design approval has been obtained, any applicable conditions of that approval shall supersede the requirements of this Chapter. C. Sign permit required. A Sign Permit shall be required for all signs, including change of copy allowed under the provisions of this Chapter. In addition, signs that require a Sign Permit shall be subject to approval by the Director, Zoning Administrator, or Commission in conjunction with their sign approval authority. Only signs that comply with the provisions of this Chapter shall be approved. Additionally, the sign design guidelines that have been adopted by the Council shall be applied to guide the Director, Zoning Administrator, and /or Commission in administering this Chapter. Content of a noncommercial message shall not be considered when any required sign permit application is reviewed. Content of a commercial message shall be considered only to the extent required to determine whether the sign is an on -site sign. Refer to Section 20.42.100 (Procedures of Sign Approval, Exceptions, and Revocations) for Sign Permit requirements. D. Nonconforming signs. An existing legally allowed sign that does not conform to the requirements of this Chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 20.42.140 (Nonconforming Signs). E. Planned community districts. In Planned Community (PC) Districts, sign regulations contained in the planned community development plan shall supersede the requirements of this Chapter. If the planned community development plan does not provide regulations for a particular sign type or situation, the requirements of this Chapter shall prevail. Service station signs in Planned Community Districts shall be subject to the provisions of Subsection 20.42.080.K.3 (Service station signs) unless more restrictive sign regulations are contained in the planned community development plan. Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 F. Santa Ana Heights Specific Plan. Signs proposed in the Santa Ana Heights Specific Plan area are subject to the provisions set forth in the Specific Plan document. The regulations contained in the Santa Ana Heights Specific Plan shall supersede the requirements of this Chapter. 20.42.030 — General Provisions The policies, rules and regulations stated in this Section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. A. Message neutrality. It is the City's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages and viewpoint neutral as to commercial messages. B. Regulatory interpretations. Interpretations of the requirements of this Chapter shall be exercised in light of the City's message neutrality policy. Where a particular type of sign is proposed and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the review authority shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter. Refer to Chapter 20.12 (Interpretation of Zoning Code Provisions). C. Substitution of messages. Signs authorized by this Chapter are allowed to carry noncommercial messages in lieu of any other commercial or noncommercial messages. Substitution of messages may be made without additional approval or permitting process. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a lot, nor does it affect the requirement that a sign structure or mounting device be properly permitted. D. Rules for non - communicative aspects of signs. Rules and regulations concerning the non - communicative aspects of signs, (e.g., type, location, size, height, illumination, spacing orientation, etc.), stand enforceable independently of any permit or approval process. E. Mixed use zones. In a zone where both residential and nonresidential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and non- residential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a Minor Use Permit, Conditional Use Permit, or similar discretionary process. F. Billboard policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with California Government Code section 65850, California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). Permits shall not be issued for billboards that violate October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by Business and Professions Code Section 5412. G. Property owners' consent. Signs shall not be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control, or use of the property. H. Legal nature of signage rights and duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign - related provisions in private leases, mutual covenants or equitable servitudes regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures. I. Sign programs. Sign programs (comprehensive, innovative), voluntarily proposed for specific developments and Planned Communities, as well as special sign districts or special sign overlay zones, when approved by the Zoning Administrator and /or Commission may modify the rules provided in this Chapter as to sign size, height, illumination, spacing, orientation, or other non - communicative aspects of signs, but may not override or modify any of the General Provisions in this Section. All of the provisions of this Section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. 20.42.040 — Definitions For purposes of this Chapter, the following definitions shall apply: A -Frame Sign. A freestanding portable sign typically constructed of wood, metal, or plastic. These signs are usually small and are removed at the close of business. They are typically hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter A. Abandoned Nonconforming Sign. A nonconforming sign that is advertising a use that has ceased or is located upon a structure that has been abandoned by its owner, for more than 90 days. Abandoned Sign. A sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner or product available upon the site; or that identifies or advertises an event or activity that has occurred. Animated Sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind- actuated (e.g., balloons, bunting, pennants, streamers, whirligigs) or other similar devices. Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 Awning. A roof -like structure usually covered in fabric (e.g., canvas) that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Awning Sign. A sign painted on, printed on, or attached to the surface of an awning. Back -lit Awning. An internally illuminated, fixed, space -frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning. Banner Sign. A sign made of fabric or any nonrigid material with no enclosing framework. Billboard. A permanent structure used for the display of offsite commercial messages. Building Frontage. The building elevation that fronts on a street, alley, driveway, parking area, pedestrian plaza, walkway, courtyard, arcade, or waterway. Building Frontage, Primary. The building frontage that is designated by an applicant as the "primary frontage" for the purpose of determining the applicable sign standards and that does not face a residential district. Building Frontage, Secondary. The building frontage that is designated by an applicant for a Sign Permit as a "secondary frontage" for the purpose of determining the applicable sign standards, and that does not immediately face a residential zoning district. Building Sign. A sign attached to or painted on a building. Building Marker. A sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material. Cabinet Sign. A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped ( "pan face ") and are attached to a metal frame (cabinet). Canopy Sign. A sign located on a permanent roof -like structure or canopy of rigid or fabric materials extending from the main entrance of a building. Changeable Copy Sign (electronic). A sign with changeable copy that is changed by incorporating video display, flip- disks, incandescent lamps, fluorescent lamps, fiber optics, light - emitting diodes, liquid crystal displays, plasma - displays, field emission displays, or any other mechanical or light- emitting matrix to convey changing copy or images. Also considered an animated sign. Changeable Copy Sign (manual). A sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards, and changeable copy signs on marquees. Does not include electronic message boards with lighted displays. Commercial Mascot. Humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of insignia, masks or costumes associated with or advertising the commercial establishment (e.g., sign twirlers, sign clowns). October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards Commercial Message. A message displayed on a sign that relates primarily to economic interests (e.g., the exchange of goods or services). This definition shall also include any court rulings defining the term `commercial speech." Construction Project Sign. A temporary sign displayed on the site of a construction project during the period of construction that provides information about the project, which may contain the names of architects, landscape architects, engineers, and contractors working on the project, future tenants, finance institutions, real estate representatives, and similar persons /organizations involved in the project begins with the issuance of a building permit, or its functional equivalent, and ends with the issuance of the earliest of the following: a certificate of completion, a certificate of occupancy, a final inspection sign -off, or the functional equivalent of any of them. Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. Directional Sign. An on- premise sign giving directions, instructions, or facility information of an establishment but no advertising copy, e.g., parking or exit and entrance signs. Directory Sign. A sign listing the tenants or occupants of a building or building complex. Display Surface. The area made available by the sign structure for the purpose of displaying the advertising message. Double -Faced Sign. A sign designed with the intent of providing copy on both sides Electrical Raceway. A utilitarian metal channel used for the electrical components of an illuminated sign; and not designed as an architectural feature. Establishment. A legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example and not limitation, "establishment' includes stores, offices, churches, hospitals, manufacturing facilities, etc. Does not include home -based occupations or hobbies. Externally Illuminated Sign. A sign illuminated from an exterior light source Fagade. The entire building elevation, including the parapet. Face of Sign. The area of a sign on which the copy is placed. M Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 Facia. Typically, the smooth wall surface between a window and the parapet Flag. A rectangular piece of fabric of distinctive design that is used as a symbol, as a signage device, or as a decoration. Freestanding Sign. A sign supported permanently upon the ground by a structure and not attached to a building. This includes pylon signs, blade signs, and ground- mounted signs (monument signs). Frontage, Street. The length of the property line of a lot along a right -of -way on which it borders. Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station Future Tenant Sign. A sign identifying a building tenant or occupant that has not yet occupied the building or opened its establishment. Illegal Sign. A sign that does not meet the requirements of this Chapter and that is not a legal nonconforming sign. Illuminated Sign. A sign with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area. Innovative Sign. A sign that incorporates design elements, objects, shapes, materials or techniques that may cause the sign to not conform to certain dimensional or placement requirements of this Code, approval of which is subject to meeting the objective criteria described in Section 20.42.130 (Innovative Sign Program), below. Internally Illuminated Sign. A sign illuminated from an interior light source contained within the sign cabinet. Incidental Sign. A small sign, emblem, or decal informing the public of the facilities, trade affiliation, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business or presence of parking. Indirectly Illuminated Sign. A sign whose illumination is derived entirely from an external artificial source that is arranged to illuminate the sign area only. Inflated Display Sign. A three - dimensional object filled or activated by moving or non - moving air or other gas, located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as a sign or to attract attention. This definition does not include inflated gymnasium devices commonly used for children's parties. Logo. A sign consisting of a trademark or symbol used to identify a business. Luminous Tube Signs. A sign that consists of or is illuminated by exposed electrically- charged gas - filled tubing, (e.g., neon and argon signs), or by fiber optics. Monument Sign. A freestanding sign supported by a solid architectural element at its base October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards Mural. An artistic image or design painted or affixed to the exterior surface of a structure that does not contain a commercial or noncommercial text or message. Nameplate. A sign indicating the name and /or address of a building or occupant. Nonconforming Sign. A sign, outdoor advertising structure, or display that was originally lawfully erected and maintained, but which does not conform to the current standards of this Chapter or is now prohibited. Signs that do not conform with the current standards of this Chapter or are now prohibited but were erected in compliance with an approved variance, Modification Permit, Conditional Use Permit and /or the Comprehensive Sign Program do not fall within the definition of nonconforming signs. Noncommercial Message. A sign message that is not commercial in nature. This definition shall automatically incorporate court rulings defining the term "noncommercial speech." Off site Message. A message on a sign that advertises a business, accommodation, service, or activity not provided on the premises on which the sign is located. This classification includes billboards. The off site /on -site distinction applies only to commercial messages. On -site Message. A message on a sign advertising the business, accommodations, services, or activities provided on the premises on which the sign is located. The off site /on -site distinction applies only to commercial messages. Painted Wall Sign. A sign that is applied with paint or similar substance on the surface of a wall, including fences. Parapet. The extension of a false front or wall above a roofline. Pedestrian Sign. A sign designed to be viewed at a pedestrian level. Permanent Sign. A sign designed with durable materials and intended to be used in excess of 60 days per calendar year. Pole Sign. A sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade. Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Projector Sign. A sign that is projected onto a surface using an intense source of illumination to project the image. Projecting Sign. A sign that projects from and is supported by a wall of a building. Projection. The distance by which a sign extends from the building it is supported by. =Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 MM 1 SIGN Promotional Temporary Banner. A temporary sign or banner displayed by an establishment to advertise temporary events (e.g., sales, seasonal events, liquidation sales, and going out of business sales). Public Service Sign. Signs of utilities or other publicly regulated service providers indicating danger, and similar aids to service or safety, including official advisory and signal flags. Pylon Sign. A sign that is supported by 2 or more uprights, poles, or braces in or upon the ground that are not a part of a building or enclosed within the exterior walls of a building and are separated from any other structures by a distance of at least 6 inches. This includes a sign that is supported by 2 or more poles that are surrounded by a decorative cover to form one solid sign support. Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent, but not including signs advertising transient occupancy (e.g., hotel or motel accommodations). Residential Name or Identification Sign. A sign identifying the name or address of a residence and /or its occupants. Restaurant Menu Sign. Menus displayed on the exterior premises of a restaurant, visible from the public right -of -way. Rider. A small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign. Roof Line. The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections. Roof Sign. A sign erected upon or above a roof of a building. Sign. Any device, fixture, placard or structure, including its component parts, that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right -of -way or parking area. The following are not within the definition of "sign" for regulatory purposes of this Chapter: October 2010 Newport Beach Zoning Code, Title 20 I 20.42 Sign Standards 1. Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof or located at least 5 feet from the window, provided the building or enclosed structure is otherwise legal; 2. Architectural features. Decorative or architectural features of buildings (not including lettering, logos, trademarks, or moving parts); 3. Symbols embedded in architecture. Symbols of noncommercial organizations or concepts, including religious or political symbols, when these are permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices; 4. Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after sale; 5. Fireworks and other lights. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter. 6 Newsracks or newsstands. 7. Legally required information, including public notices, registration, or licensing information, etc. 8. Murals. Sign Structure. The sign, and the supports, uprights, braces, and framework of the sign Super Graphic. Images, graphic elements, and logos, including required corporate logos that are affixed to or painted on a structure that may not be the textual portion of a sign. Temporary Sign. A sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, or other light nondurable materials, with or without frames, designed to be displayed for a limited period of time. Tenant Frontage. That portion of a multi- tenant building facade that is devoted to a single tenant. Valance. The part of an awning that hangs vertically down from the shed (sloped) portion of an awning. Vehicle Sign. A sign painted, affixed, or placed upon a vehicle, or trailer that is designed to be towed behind a vehicle. On street legal vehicles, the following insignia are not considered to be "Vehicle Signs," and are not regulated as Vehicle Signs: 1. License plates; 2. License plate frames; 3. Registration insignia; Jkli =1 Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 4. Noncommercial messages painted on or otherwise attached in a manner so that the vehicle can be legally operated on public rights -of -way, or any noncommercial message that does not exceed a total of 3 square feet in size; 5. Messages on a vehicle the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised by the messages on the vehicle, provided that the messages are painted or otherwise attached in a manner so that the vehicle can be operated on public rights -of -way; 6. Commercial messages that do not exceed a total of 3 square feet in size; and 7. Commercial messages on duly licensed mass transit vehicles that pass through the City. Wall Sign. A sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Window Sign. A sign that is applied or attached to a window or located within 5 feet of the inside of a window in manner that it can be seen from the exterior of the structure. 20.42.050 — Prohibited Signs The following signs and sign types shall be prohibited throughout all zoning districts of the City. A. Painted signs. Painted signs on fences or roofs except addresses. B. Hazardous location. Signs located in a manner that the sign or a portion of the sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a required door, stairway, ventilator, window, or public way or are otherwise hazardous. C. Signs with off site commercial messages. Signs shall not advertise a business, accommodation, service or activity not provided on the premises on which the sign is located. The off site /on -site distinction shall only apply to commercial messages. D. Beams of light. No person shall erect or maintain any device that directs a beam of light, including klieg lights and searchlights, in a flashing sequence toward any street or highway, nor shall any person erect or maintain any illuminated sign or similar device that interferes with the visibility of any official traffic control device or warning signal. E. Luminous tube lighting (eg., Neon, Rope Lighting). Luminous tube lighting shall not be used to outline or frame doors and /or windows. F. Prohibited sign types: A -frame signs; 2. Animated signs; 3. Changeable copy signs, except as a component of another type sign allowed through the Comprehensive Sign Program; October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards 4. Commercial mascots; 5. Inflated display signs; 6. Pole signs; Roof signs, unless a variance is granted; and 8. Vehicle signs, subject to the definition of Vehicle Signs in Section 20.42.040 (Definitions), above. 20.42.060 — Provisions Applying to All Sign Types A. Compliance required. No person shall erect, re- erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. B. Uncertainty of Chapter provisions. The Commission shall have the authority to interpret the provisions of this Chapter at the request of the Director, or when an appeal for a decision of the Director is filed with the Commission. C. Sign construction. All signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. No material more combustible than treated wood shall be used in the construction of any permanent sign. D. Sign area computation. The allowed sign area for a building sign is calculated by first determining if the sign is to be placed on a "primary' or "secondary" building /tenant frontage (as defined in this Chapter) and then referring to the tables in Section 20.42.070 (Standards for Permanent Signs). The allowed sign area for a freestanding sign is determined by the number of linear feet of the street frontage where the sign is to be placed in compliance with the tables in Section 20.42.070. 2. The entire area contained within the frame, cabinet, fixture, or design, including all ornamentation, super graphics, or other decoration used to attract attention that can be enclosed in no more than 4 lines drawn at right angles shall be included in the measurement of sign area. In the case of "skeleton" or "cut -out' letters or signs placed on a wall without any borders, the sign area shall be the sum of the area of all letters, words, logos, or symbols within a single continuous perimeter with no more than 4 lines drawn at right angles (square or rectangle). (See Illustration Below.) Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 T- qO W si � - - - I wIM4 I I EMBLEM l OR DECAL I I L � wioTH ODD SHAPE � I I x' I i- - -- -- WIDTH it 4- _eft_ .' WIDTH -' CIRCLE = I I L_ 1 ' vrltr-rl ' 5= � OQD SHARE w'torH SIGN AREA- WIDTH K HOLM 3. Only one face of a double -faced sign shall be counted in computing the permitted area of the sign. Double -faced (back -to -back) signs shall be regarded as a single sign when the sign is mounted on a single structure, and the distance between each sign face does not exceed 2 feet at any point. If the sign is multi - faced, then each face shall be counted in computing the permitted area of the sign. 4. Supporting framework or bracing that is clearly incidental to the sign shall not be computed as sign area. 5. Where a sign consists of one or more three - dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue -like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. Signs may not contain three - dimensional objects that exceed a projection of 6 inches from the sign face, unless the signs are allowed as part of an approved Innovative Sign Program. E. Sign height measurement. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site. October 2010 Newport Beach Zoning Code, Title 20 I 20.42 Sign Standards F. Maximum letter /logo height. The maximum height of any letter, text, logo, or symbol shall be 36 inches. G. Sign removal or replacement. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the building. H. Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1. Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face. 2. Signs may be internally or externally illuminated. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and /or a registered trademark or logo. 3. The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign including signs that face Newport Bay. 4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices. 5. Reflective -type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right -of -way or adjacent property. 6. Light sources shall utilize energy - efficient fixtures to the greatest extent possible. Each illuminated sign shall be subject to a 30 -day review period, during which time the Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. The Director's determination will be made without regard to the message content of the sign. 20.42.070 — Standards for Permanent Signs Tables 3 -16 provide regulations for permanent signs in residential, nonresidential, institutional, and open space zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. JJJJL1 .0 Newport Beach Zoning Code, Title 20 October 2010 Standards 20.42 A. Signs allowed in residential zoning districts. TABLE 3 -15 SIGNS ALLOWED IN RESIDENTIAL ZONING DISTRICTS Sign Class Allowed Sign Maximum Maximum Sign Maximum Sign Location Lighting Additional Types Number Area Height Requirements Allowed Requirements Name plate One per single- Below eave of Near main Internal Name and Single- family Wall family use 2 sq. ft. roof or parapet entrance only address only uses Identification Wall or ground One per multi- Below eave of Near main Yes Cabinet signs sign sign unit use 12 sq. ft. roof or parapet for entrance not allowed Multi -unit uses wall sign Residential At primary community Wall or ground 2 per primary 40 sq. ft. total 6 ft entrances to Indirect Cabinet signs identification entrance residential only not allowed signs community Signs for Below eave of allowed Wall or ground One per use 12 sq. . ft roof parapet for Near main Yes Cabinet signs nonresidential sign s i sign wall s entrance not allowed uses October 2010 Newport Beach Zoning Code, Title 20 20.42 Sian Standards B. Signs allowed in commercial, industrial zoning districts. TABLE 3 -16 SIGNS ALLOWED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Sign Class Allowed Sign Types Maximum Number Maximum Sign Area Maximum Sign Height Location Requirements Lighting Allowed Additional Requirements 1. On -site sign. One freestanding sign allowed per site. Freestanding May be used in Not to exceed Located on signs. combination with 20 ft. in height street frontage other allowed for pylon signs, only. At least See 20.42.080 Permitted on building signs. 1.0 sq. ft. of sign area or 8 ft. maximum 15 feet from for sign sites with Additional signs per lineal foot of primary height and 6 ft. any building Yes standards for minimum 50 ft. of for sites with street frontage, 75 sq. ft. maximum sign and 50 freestanding frontage. more than 300 max per sign average height feet from any signs. linear feet of for monument freestanding street frontage sign on an through the signs. adjacent site. approval of a Comprehensive Sign Program. 2. On -site sign. 1.5 sq. ft. of sign area Primary One sign per per lineal foot of primary Shall not extend frontage. Building signs. primary building building frontage or above adjacent or tenant tenant frontage total for parapet or roof Wall, projecting, frontage. May be any combination of or above bottom See 20.42.080 window, and wall, projecting, building signs and of lowest for sign g awning signs. window, or window signs. 75 sq. ft. second -story Yes standards by awning signs. I I maximum sign area per window or third - sign type Roof sign only Second story, Sign' 20 ft. max for story window for projecting with variance. window or awning cz) projecting signs. Window jec in signs. signs only. g y signs, 20% max of each window area. Newport Beach Zoning Code, Title 20 October 2010 Standards TABLE 3 -16 SIGNS ALLOWED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS 20.42 Sign Class Allowed Sign Maximum Maximum Sign Area Maximum Sign Location Lighting Additional Types Number Height Requirements Allowed Requirements 3. On -site sign. One sign per Shall not extend Secondary secondary o 50% of sign area above adjacent frontage. building or tenant allowed for primary parapet or roof Building signs. frontage. May be building frontage total for or above bottom See 20.42.080 wall, projecting , any combination of of lowest second for sign Wall, projecting, vindow , or , building signs. story window or Yes standards by window, and awning sign. i 10 sq. ft. max for third -story sign type awning signs Second story, projecting signs Window window for window or awning o signs, 25% max of each projecting signs signs only. (Z) window area. (Z) One per Near main 4. On -site Building signs. establishment. 10 ft. maximum. entrance and See 20.42.080 sign. Pedestrian Allowed in 3 sq. ft. of sign area. 8 ft. of clearance oriented to NO for sign oriented sign. Flush- mounted combination with below bottom of pedestrians. standards by or ro 1 ectin 9• other building projecting sign. Not above 10 sign type signs. ft. 5. On -site sign. Canopy sign Two per canopy if Shall be part of and shall Not above upper Signs shall be Entry canopy both are not not exceed limitation of most part of placed on No sign visible at the entry canopy. canopy. outer faces of same time. canopy only. 6. Business Wall or ground One per multi- 8 sq. ft. of sign area. 8 ft. maximum. Near main See 20.42.080 directory. sign tenant site. 6 ft. maximum entrance and No for sign Multi- tenant average. oriented to standards by site pedestrians. sign type I The number of allowed building- mounted signs is one per primary frontage an d projecting, window, and awning signs. All other signs (i.e., pedestrian oriented temporary signs are not included in this restriction. (Z) Wall signs are allowed for multi- tenant buildings for second story occupancies with one per secondary frontage. Building signs include wall, signs, entry canopy signs, multi- tenant directory sings, and exterior entrances. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sian Standards C. Signs allowed in open space, PI, and PF zoning districts. TABLE 3 -17 SIGNS ALLOWED IN OS, PI, PR, AND PF ZONING DISTRICTS Sign Class Allowed Sign Types Maximum Number Maximum Sign Area Maximum Sign Height Location Requirements Lighting Allowed Additional Requirements 1. On -site sign. Freestanding One freestanding signs. monument sign allowed per site. Permitted on May be used in Located on street sites with combination with frontage only. At minimum 50 ft. other allowed of sign area least 15 feet from See 20.42.080 of frontage. building signs. per lineal al Per lineal foot of primary any building sign for sign Additional signs for street frontage, 75 sq. ft. 8 ft and 50 feet from Yes standards for sites with more than max per sign any freestanding freestanding 300 linear feet of monument signs. street frontage sign on an adjacent site. through the approval of a Comprehensive Sign Program. 2. On -site sign. Building 1.0 sq. ft. of sign area Shall not Primary per lineal foot of primary extend above frontage. signs. One sign per building frontage or adjacent Wall and primary building tenant frontage total for parapet or See 20.42.080 frontage. May be any combination of roof or above Yes for sign awning signs. wall or awning signs. building signs and bottom of standards by (') Second story window signs. 50 sq. ft. lowest sign type awning signs only. (2) maximum sign area per second -story sign. window. Newport Beach Zoning Code, Title 20 October 2010 Standards TABLE 3 -17 SIGNS ALLOWED IN OS, PI, PR, AND PF ZONING DISTRICTS 20.42 Sign Class Allowed Sign Maximum Number Maximum Sign Area Maximum Location Lighting Additional Types Sign Height Requirements Allowed Requirements 3. On -site sign. Shall not Secondary One sign per extend above frontage. Building secondary building 50% of sign area adjacent See 20.42.080 signs. frontage. May be allowed for primary parapet or for sign wall or awning sign. building frontage total for roof or above Yes standards by Wall and (�> Second story any combination of bottom of sign type awning signs awning signs only. t2) building signs. lowest second story window (Z) Building 10 ft. signs. One per Maximum. 8 Near main See 20.42.080 4. On -site sign. establishment. ft. of entrance and for sign Pedestrian Flush- Allowed in 3 sq. ft. of sign area. clearance oriented to No standards by oriented sign. mounted or combination with below bottom pedestrians. Not sign type projecting. other building signs. of projecting above 10 ft. sign. 5. On -site sign. Canopy sign Two per canopy if Shall be part of and shall Not above Signs shall be Entry canopy both are not visible not exceed limitation of upper most placed on outer No sign at the same time. entry canopy. part of faces of canopy canopy. only. 6. Directory sign Wall or ground One per multi- tenant 8 sq. ft. of sign area. 8 ft. Near main See 20.42.080 sign site. maximum. entrance and for sign 6 ft. oriented to No standards by maximum pedestrians. sign type average. The number of allowed building- mounted signs is one per primary frontage and one per secondary frontage. Building signs include wall, projecting, window, and awning signs. All other signs (i.e., pedestrian oriented signs, entry canopy signs, multi- tenant directory sings, and temporary signs are not included in this restriction. (2) Wall signs are allowed for multi- tenant buildings for second story occupancies with exterior entrances October 2010 Newport Beach Zoning Code, Title 20 20.42 Sian Standards — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 20.42.080 — Standards for Specific Types of Permanent Signs A. Awning signs. 1. Lettering, logos, symbols, and graphics are allowed on up to 50 percent of the area of a shed (slope) portion of the awning and valance portion of the awning. Signs shall be applied flat against the awning surface. In the case of a barrel shaped (curved) awning, signs shall not occupy more than 60 percent of the bottom 12 inches of the awning. 2. Only permanent signs that are an integral part of the awning shall be allowed. Temporary signs shall not be placed on awnings. 3. Awning signs shall be allowed for first and second story commercial occupancies only. 4. Awnings shall conform to the size and shape of the window or door they are above. Overly large awnings and awnings with unusual shapes designed for the purpose of providing additional sign area are not allowed. The upper most part of an awning shall not be located more than 2 feet above a window or door. 5. Awnings shall not be lighted from under the awning (back -lit awning) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed. 6. A minimum of 8 feet of clearance shall be provided between the lowest part of an awning and the grade below. ao E E C October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards B. Changeable copy signs. A sign that contains a changeable copy element may be permitted through the approval of a Comprehensive Sign Program in compliance with Section 20.42.120 (Comprehensive Sign Program) provided the changeable copy element is a component of another sign type permitted under the provisions of this Chapter. Approval shall not be based on message content. C. Freestanding signs. Freestanding signs include ground- mounted signs (monument) and pylon signs, which may either have a solid base or a base comprised of 2 legs. If legs are provided, the proportional dimensions of the sign shall comply with the requirements of paragraph 3.c., below. 2. Freestanding signs shall be allowed only for lots with at least 50 feet of frontage adjoining a public street. In addition, pylon signs are only allowed when a building is set back from the front property line a minimum of 40 feet. 3. Freestanding signs shall not exceed the following maximum height dimensions and shall not exceed the proportional dimensions provided below: a. Pylon sign: Maximum height = 20 feet b. Monument sign: Maximum average height = 6 feet; Maximum overall height = 8 feet, including decorative elements and architectural features C. Proportional dimensions shall be as follows: Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 1) Pylon Sign Maximum W = 30% x H Maximum LH = 33% x H Maximum O = 50% x W Minimum LW = 25% x W 2) Monument Sign H= height inclusive of the base W= width exclusive of the base Maximum W= 1.5 x average H maz. avg. height max. 6' height g J9ta�� 3g W- H H -height SIGN W =wIdN AREA LW =kgw th LH - kg height O =op ning height D= 20 ssLo %orWL a� H -3 3%&H 1—� LW =25 %dw L max. W- 1.5 x tage I height max. SIGN AREA avg. height 6' BASE �H `=— height including base W = width - - -- ----- max. height SIGN AREA maz. s' avg. height 4J 4 October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards 4. Freestanding signs shall be set back a minimum of 5 feet from a street or interior property line and a minimum of 10 feet from the edge of a driveway. 5. To ensure the readability of freestanding signs, the minimum letter size allowed shall be 6 inches. Sign copy shall not be located closer than one half - letter height to the sign edge or other line of copy. 6. There shall be a minimum of 50 feet between freestanding signs on adjoining sites to ensure adequate visibility for all signs. Freestanding signs shall be a minimum of 50 feet from a lot line of any residentially zoned property. 9. Freestanding signs shall not project over any building, or over any on -site driveway or vehicle circulation area. 10. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site. 11. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 square feet, whichever is greater. For example, 40 sq. ft. of sign area = 80 sq. ft. of landscaped area. The Director may waive or modify this requirement on a case - by -case basis to take into account existing conditions. 12.. Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of 6 inches in height and shall be clearly visible from the public right -of -way. Address plates shall not be calculated against the allowed sign area. (See following illustration.) SIGN 4023 Newport Boulevard Ground Sign with Appropriate Address D. Luminous Tube Signs. The use of luminous tubes for signs shall be allowed in commercial zoning districts only subject to the following requirements: Luminous tube signs shall be UL (Underwriters Laboratories) listed with a maximum 30 milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the sign; Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 2. The manufacturer shall be registered with Underwriters Laboratories; 3. Tubing shall not exceed one half inch in diameter; 4. Luminous tube lighting adjacent to residential uses shall not exceed one half footcandle measured at the property line; 5. Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly glazed tiles, or other similar materials; and 6. Luminous tube lighting that surrounds a window, door, or similar element is not allowed. E. Pedestrian - oriented signs. 1. Signs may be placed perpendicular to the building fagade (projecting) or mounted flat against the wall near the building entrance. 2. Supporting arms or frames for projecting signs shall be of a decorative design compatible with the design of the sign. 3. Double -faced projecting signs shall be considered a single -face sign for the purpose of calculating sign area. F. Projecting Signs. 1. Signs shall not project more than 5 feet over public property and shall not project to within 2 feet of the curb line. The distance any sign may project over public property or beyond a required setback line shall be as follows: Distance above sidewalk or grade 8' -10' >10' -12' >12' and up immediately below sign. Maximum projection over property line or 3' 4' 5' building line. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards Projecting Sign Line "A." At street corners, signs may extend to Line "A" at an angle of 45° 5' Maximum Sign Projection 2. The thickness of any portion of a sign that projects over public property or beyond a setback line shall be as follows: Projection 5' 4` 3' 2' Maximum thickness 4' I 3' -4" 4' 3' 12' 10' r a Maximum Sign Projection 2. The thickness of any portion of a sign that projects over public property or beyond a setback line shall be as follows: Projection 5' 4` 3' 2' Maximum thickness 2' 2' -8" 3' -4" 4' 3. Maximum sign area shall be 20 square feet for a primary frontage and 10 square feet for a secondary frontage. 4. Projecting signs shall provide a minimum vertical clearance of 8 feet above the surface over which they project. 5. Projecting signs shall not project into an alley or parking area more than 36 inches and shall not be less than 14 feet above the surface where vehicles are allowed. 6. Internally illuminated projecting signs shall have opaque face panels so that only the letters, number, symbols, or logos appear illuminated. 7. Projecting signs shall not be closer than 10 feet to another projecting sign or to freestanding sign or 5 feet from an interior property line or line dividing separate business frontages. 8. Projecting signs shall not project above an apparent eave or parapet, including the eave of a mansard or simulated mansard roof or above the bottom of a third - story window. Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 G. Projector signs. A projector sign shall project only upon the property occupied by the associated use or the public right -of -way within 10 feet of the building occupied by the use. 2. The sign area of the projector sign shall be included within the overall allowed sign area for the use. 3. Illumination from the projector mechanism shall not pose a hazard for pedestrians or motorists and shall be screened from view to the maximum extent feasible. H. Signs on architectural projections. The following regulations apply to signs that are located on, attached to, or are an integral part of a projecting architectural feature (e.g., canopy) located not more than 15 feet above street level: 1. Signs may be erected on top of an architectural projection provided the sign is comprised of three - dimensional letters only that do not exceed 18 inches in height. No internal illumination is allowed; 2. Signs may be attached to the face of an architectural projection provided the sign does not exceed a maximum thickness of 10 inches as measured from the face of the sign to the outer face of the architectural projection and that the letters do not exceed a height of 18 inches. No internal illumination is allowed; 3. The maximum sign area for signs mounted on architectural projections shall be included with other permitted signs identified in Table 1; and 4. Signs may be placed below and may be supported by an architectural projection provided the sign shall not exceed 4 feet in length and 16 inches in height. Internally illuminated signs are not allowed. Signs shall not be less than 8 feet above the sidewalk and shall be placed perpendicular to the face of the building. Wall signs. Signs shall be located only on a designated building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards Appropriate Wall Sign Location Not Allowed 2. Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. Required Separation of Wall Signs Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 Signs may be either internally or externally illuminated. Internally illuminated cabinet signs shall comply with the provisions of Subsection 20.42.060.1-1 (Illuminated Signs). 4. Electrical raceways shall be integrated with the overall design of the sign to the greatest degree. Raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed. 5. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. 6. Signs shall be located within the middle 50 percent of the building or tenant frontage measured from lease line to lease line. The Director may waive this requirement where it can be clearly demonstrated that it severely limits proper sign placement. I— t$ FEET ----t 1 -13rT �l sir�er 20 Fear----I Appropriate Wall Sign Location Signs attached to the sloping face of hipped /sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures shall require approval of a Modification Permit. J. Window signs, permanent and temporary. Window signs, including permanent and temporary signs shall not occupy more than 20 percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curtain walls. 2. Signs shall be allowed only on windows located on the ground floor and second story of either a designated primary or secondary building frontage. 3. Signs shall be permanently painted or mounted on the inside of windows and doors except for allowed temporary signs. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards 4. Signs within 5 feet of a storefront window shall be counted as window signs for the purpose of calculating total sign area and number of signs. K. Miscellaneous signs. 1. Business directory signs. Multi- tenant buildings are allowed tenant directory signs with a maximum area of 8 square feet each. No illumination is allowed. 2. Menu boards. Food service uses with drive through facilities shall be allowed a maximum of 2 menu board signs with a maximum of 48 square feet each. 3. Service station signs. The following regulations shall be applicable to service stations, in addition to all other provisions of this Chapter. a. General. (1) Signs shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. (2) Instructional and warning signs and signs required or authorized by state or federal law shall be exempt from the provisions of this Section. b. Ground signs. (1) Number. One per site. (2) Area. Not to exceed 20 square feet; 36 square feet when combined with a fuel price sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. Ground signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. C. Fuel price signs. (1) Number. One per street frontage. (2) Area. Twelve square feet per sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. (a) Separate fuel price signs shall only be permitted in lieu of the 36- square foot combined ground sign /fuel price sign permitted in this Subsection. Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 (b) Fuel price signs shall advertise the price and grade of fuel only and no other advertising shall be permitted unless in conjunction with a monument as provided in this Section. (c) Fuel price signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. d. Wall signs. (1) Number. One per building frontage. (2) Area. The area of a wall sign shall not exceed 1 square foot for each lineal foot of building frontage. (3) Length. The length of a wall sign may be up to 50 percent of the building frontage, not to exceed 30 feet. e. Canopy signs. (1) Type. Signs on service station canopies shall be limited to logos only. (2) Number. One canopy sign per street frontage. (3) Area. The area of a canopy sign shall not exceed 6 square feet. (4) Additional Regulations. Canopy signs shall not extend beyond the gable or fascia board of the canopy. f. Service island signs. One sign, not exceeding 4 square feet, shall be permitted on or in front of each end of a service island to identify methods of sale (i.e., self -serve or full- serve). g. Window signs. (1) Number. One per window. (2) Area. No permanent window sign shall cover more than 20 percent of the visible window area. (3) Materials. Permanent window signs shall be applied directly to the window surface. h. Temporary signs. Refer to Section 20.42.090 (Standards for Temporary Signs) October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards 20.42.090 — Standards for Temporary Signs A. Number, size, and duration. Table 2 provides standards under which temporary signs are allowed. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. However, combinations of permanent and temporary window signs shall not cover more than 20 percent of any window. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the table and regulations provided for general or specific sign types, the general regulations or regulations for specific sign types shall take precedence. TABLE 3 -18 TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Requirements 1 sign per 75 sq. ft. for loft. or Up to 4 Promotional site, banner, 3 sq. bottom of times per Subject to all temporary including ft. for rigid lowest year, not to requirements of banners. window sign. Window second floor exceed 60 this Section. signs. signs, 20% of window. days total any window per year. area. One sign per Same as for Same as for 60 days per Allowed only Establishment building permanent permanent calendar while permanent identification. frontage. signs. signs. year. signs are being obtained. Displayed after issuance of building permit or Construction 32 sq. ft. per 8 ft. in non- equivalent; Only on the project signs. 1 sign per sign in non- residential. shall be property where street removed construction is frontage, 2 residential. 4 ft. in after earliest taking place and Nonresidential signs 6 sd in residential of certificate shall not and Residential maximum n residential of obstruct visibility completion, at intersections. certificate of occupancy, or final building inspection. Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 TABLE 3 -18 TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Requirements Mounted only on portable easel - type structures; Restaurant 1 per 4 sq. ft. per During hours only on property menu signs restaurant sign. 5 ft. establishme of the nt is open.) establishment within 10 ft of the primary entrance. Real estate signs for Allowed in compliance with Subsection 20.42.090.F (Real estate signs), residential and below nonresidential Temporary Sign Permit not required. properties Search lights, Allowed in conjunction with Special Event Permit. Klieg lights Shall be placed only on the property where the sale is being held. Personal 1 sig n per 2 times within a 12 Allowed in property sale street 3 sq. ft 4 ft. month compliance with sign frontage period. Subsection 20.42.100.6 (Exemptions to Sign Permit requirement), below. B. Placement of temporary signs. Signs are allowed on private property only and shall not be placed in public rights -of -way or at off site locations. 2. Signs may be placed only on building frontages in locations where permanent signs are allowed. 3. Sign shall not be attached to temporary structures, except restaurant menu signs, which may be attached to easel -like structures. C. Illumination prohibited. Signs shall not be illuminated. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards D. Durable materials required. Signs shall be constructed of durable material suitable to their location and purpose. E. Removal of signs. Temporary signs and their components shall be promptly removed at the expiration of the Temporary Sign Permit. F. Real estate signs. 1. Residential districts. a. Real estate signs are permitted, on a temporary basis, in residential zoning districts, subject to the criteria provided in this Subsection. (1) In all residential zoning districts and PC Districts that provide for residential uses, but do not contain specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: (a) One sign per lot except as provided in subparagraphs (e) and (f) below; (i) The sign shall not exceed 216 square inches (1.5 square feet); (ii) The sign may have one rider not to exceed 94 square inches; (iii) The sign may include one brochure box not to exceed 154 square inches. For purposes of this Section, a brochure box means a plastic or metal container designed to hold brochures or flyers describing or advertising the real property for sale, lease, rent, or exchange; and (iv) The overall height of the installed sign, rider, and brochure box shall not exceed 4 feet above ground unless the sign is mounted flush to a wall; (b) The sign shall be placed on the lot for sale, lease, rent, or exchange and shall not be installed in a manner that creates a hazard for traffic or pedestrians; (c) No flags, pennants, balloons, or other attention - attracting devices shall be displayed; (d) The sign shall be removed immediately after the sale, lease, or rental of the property has been consummated; Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 (e) One additional real estate sign may be posted during the time an owner or owner' s agent is on the premises and the premises are open for inspection, subject to the following: (i) The sign shall not exceed 216 square inches (1.5 square feet) and riders are not permitted; (ii) The sign shall not be installed in medians or anywhere within the traveled way of any street or highway, nor installed in a manner that creates a hazard to traffic or pedestrians; provided, however the sign may be installed on or in a vehicle parked on the street adjacent to the property for sale, lease, rent or exchange if there is no feasible way of installing the sign on private property due to absence of front setback area or other conditions: and (iii) The overall height of the sign shall not exceed 4 feet above ground unless the sign is installed on a vehicle as provided in the paragraph above; or other conditions exist that require the sign to exceed 4 feet to be reasonably visible from the street; however, in no event shall the sign be higher than necessary to be reasonably visible from the street; (f) In addition to the real estate sign permitted in Subsection (e), above, 3 off site signs are permitted when the owner or owner's agent is on the premises and the premises are open for inspection, subject to the following: (i) Each off site real estate sign shall not exceed 216 square inches (1.5 square feet) and riders are not permitted; (ii) The overall height shall not exceed 4 feet above ground; (iii) The sign shall not be installed before 8:00 a.m. and shall be removed no later than sunset; and (iv) The sign shall not be installed in medians or anywhere within the traveled way of any street or highway, nor installed in a manner that creates a hazard to traffic or October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards pedestrians. The sign shall not be attached to any public property. b. New properties first sale. Residential properties shall be permitted one real estate sign not exceeding 20 square feet in area that advertises the first sale of structures and /or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 2. Nonresidential zoning districts. Commercial and industrial properties shall be allowed one temporary real estate sign not exceeding 20 square feet in area that advertises the sale, rental or lease of the premises upon which the sign is located. Permanent installations of real estate signs shall be subject to the sign standards for permanent signs in this Chapter for commercial, office, and industrial zones. 20.42.100 — Procedures for Sign Approval, Exemptions, and Revocations A. Sign Permits. 1. Sign permit required (including temporary signs). a. To ensure compliance with the regulations contained in this Chapter, a Sign Permit shall be required in order to erect, move, alter, change copy on, or reconstruct any permanent or temporary sign or sign structure except for signs exempt from permits in compliance with Subsection B, below. b. Sign Permits are also required for signs approved through a Comprehensive Sign Program as provided in Section 20.42.120. An application for a Sign Permit shall be made in writing on standard official forms furnished by the Department. 2. Review authority. Sign Permits, including those for temporary signs shall be issued under the direction of the Director when they comply with the provisions of this Chapter. The Director shall review all Sign Permit applications for conformance with the provisions of this Chapter. a. For signs that comply with the provisions of this Chapter and do not require discretionary review: (1) The Director shall issue or deny the permit to the applicant within 90 days from the receipt of a complete application and the applicable fees; (2) If the application is denied, the Director shall notify the applicant with the reason(s) stated for denial. Notification shall be sent first class United States mail to the address provided on the license application that shall be considered the correct address. Each applicant has the burden to furnish any change of address to the Director, by United States certified mail, return receipt requested; and JJJV M. Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 (3) In the event an application is denied, the applicant may appeal the Director's decision in compliance with the provisions of Chapter 20.66 (Appeals). b. Annual Approval of Promotional Temporary Sign Permit. The Director may approve a Temporary Sign Permit for a temporary promotional banner on an annual basis that allows the applicant to tailor the duration and the number of days allowed under the permit to meet the particular needs of the establishment as long as the total number of days that the sign is allowed does not exceed 60 days per calendar year. B. Exemptions to sign permit requirement. Sign Permits shall not be required for the signs exempted in this Section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site or project. However, exempted signs shall be required to adhere to the regulations established for each sign type. Signs erected without complying with the applicable regulations are considered illegal and may be removed in compliance with Section 20.42.160 (Illegal Signs). On -Site, non - illuminated signs. The following on -site, non - illuminated signs shall not require issuance of a Sign Permit: a. Accessory signs. Small window signs indicating hours of operation or that an establishment is "Open" or "Closed" for business, limited to a maximum of 2 square feet in area for all accessory signs. No more than 3 signs per establishment frontage. Accessory window signs shall not be included in permanent window sign area calculations, except if illuminated. b. Building markers. Commemorative plaques, tables, date of construction, and similar signs when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material. Signs shall not exceed 2 square feet in area. C. Bulletin Boards. Bulletin boards for any legal, noncommercial establishment, when located on the premises of the establishment and not over 12 square feet in area. d. Construction project signs. Subject to the limits on size and display duration of 20.54.090 (Standards for Temporary Signs), Table 2 (Temporary Signs). e. Change of copy. Changing the copy in changeable copy signs in existence as of the date of adoption of this Chapter, or approved through the Comprehensive Sign Program. Flags. Flags bearing noncommercial messages or graphic symbols, and flags bearing on -site commercial messages or graphic symbols, shall not require the issuance of a Sign Permit, subject to the following restrictions: (1) Flags bearing commercial messages shall not be displayed in residential zones; October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards (2) A maximum of 3 flags may be displayed on any single lot. However, only one flag bearing an on -site commercial message may be displayed on each lot in nonresidential zones; and (3) No single flag shall exceed 40 square feet in area. The aggregate area of all flags displayed on any single lot shall not exceed 72 square feet. For purposes of determining flag size, only one side of the flag shall be counted as a display surface. g. Gasoline pump signs. Shall be consistent with Paragraph 20.42.080.K.3 (Service station signs). h. Government signs. A sign erected by a federal, state, county, agency, or the City. L Holiday window painting. Signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and /or decorations shall be removed within 10 days following the applicable holiday. j. Incidental signs. Signs or notices that are incidental to an establishment (e.g., hours of operation, credit card information, emergency contact information, etc.) provided the signs do not exceed 4 square feet in area for all of the signs. k. Official signs. Official and legal notices required by a court or governmental agency. I. Portable parking lot and valet parking signs. One freestanding portable sign at each parking lot entrance limited to 10 square (2'x5') feet in area. Sign shall not cause hazard to driver visibility or pedestrian movement. Subject to the approval of a valet parking plan. M. Public service signs. Signs of utilities or other publicly regulated service providers indicating danger, and aids to service or safety, including official advisory and signal flags. n. Real estate window listing. A real estate office may place its listing(s) in a front window provided the gross area occupied by the listing(s) do /does not cover more than 50 percent of the window. o. Residential signs. Up to 3 noncommercial signs, with a maximum total sign area of 6 square feet and a maximum height of 4 feet. P. Restaurant menu signs. Restaurant menu signs not exceeding 4 square feet. q. Site address. Limited to one per street frontage subject to the following standards: Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 (1) The total aggregate sign area shall not exceed 72 square inches. Individual numbers and letters shall not exceed a height of 8 inches. (2) The sign shall be placed in an area adjacent to or near the primary entrance of the structure or property frontage and face the street curb in front of the structure. Temporary real estate signs. Real estate signs in compliance with Subsection 20.42.090.F (Real estate signs). S. Vehicle- oriented directional signs. Signs solely for the purpose of guiding traffic, parking, and loading on private property subject to approval by the Public Works Department. One safety or directional sign for each vehicle entry to a site with a maximum area of 3 square feet per sign. Maximum sign height shall be 4 feet. Additional signs may be allowed with approval of a Comprehensive Sign Program. Personal property sale signs. Subject to the limits on size and display duration of Section 20.42.090 on Table 2 (Standards for Temporary Signs) 2. Routine maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign, and therefore shall not require a Sign Permit, unless structural changes are made. C. Revocation of sign permit. The Department may, in writing, suspend or revoke a Sign Permit issued under the provisions of this Chapter if the permit was issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of this Chapter. 20.42.110 — Modification Permit A. Applicability. The Zoning Administrator may grant a Modification Permit in compliance with the provisions of Section 20.52.050 (Modifications Permits) to allow deviations to the height, location, number, and area of signs. B. Appeals. Actions of the Zoning Administrator may be appealed to the Commission in compliance with the provisions of Chapter 20.64 (Appeals). 20.42.120 — Comprehensive Sign Program A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a project's signs, including a project identification sign with the overall site design and the structures' design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this Chapter. B. Applicability. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards 1. Whenever 3 or more separate tenant spaces are created or proposed on the same lot; 2. Whenever 3 or more non - exempt signs are proposed for a single- tenant development; 3. Whenever signs are proposed to be located on or above the second story on a multi -story building; 4. Whenever a structure has more than 300 linear feet of frontage on a public street; 5. Whenever an existing multi- tenant development of 3 or more tenants is being remodeled or rehabilitated to the extent that the value of the work will be greater than 20 percent of the replacement cost of the building; 6. Whenever a theater or cinema use requests to deviate from the standards of this Chapter. The Comprehensive Sign Program may allow marquee signs, brighter lights, and design features not otherwise authorized by this Chapter if the sign is generally consistent with the adopted sign design guidelines and the purposes of this Chapter. Approval shall not be based on message content; 7. Whenever the Director determines that a Comprehensive Sign Program is necessary because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.); and 8. A Comprehensive Sign Program shall not be used to override the prohibition on new billboards set forth in Section 20.42.0305, above. C. Approval authority and limitation. The Zoning Administrator is the review authority for a Comprehensive Sign Program. The Zoning Administrator shall not approve an increase in sign height by more than 20 percent above that allowed or an increase in sign area by more than 30 percent above that allowed. Increases above the limits provided above may be allowed with the approval of a Modification Permit. D. Application requirements. A Sign Permit application for a Comprehensive Sign Program shall include all information and materials required by the Director, and the filing fee set by the City's Master Fee Schedule. E. Standards. A Comprehensive Sign Program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this Chapter, any adopted sign design guidelines and the overall purpose and intent of this Section; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs; Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; 5. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter; 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter; and 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. F. Revisions to Comprehensive Sign Programs. The Director may approve revisions to a Comprehensive Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Comprehensive Sign Program by the Zoning Administrator. 20.42.130 — Innovative Sign Program A. Purpose. The purpose of the Innovative Sign Program is to: 1. Encourage signs that are unique in their design approach and use of materials; and 2. Provide a review process for the application of sign regulations to innovative signs. B. Applicability. An applicant may request approval of a Sign Permit under the Innovative Sign Program to authorize an on -site sign or signs that differ from the provisions of this Chapter but comply with the purpose of this Chapter and Section. C. Review authority. A Sign Permit application for an Innovative Sign shall be subject to approval by the Commission. D. Application requirements. A Sign Permit application for an Innovative Sign shall include all information and materials required by the Director, and the filing fee set by the City's Master Fee Schedule. E. Design criteria. In approving an application for an Innovative Sign, the Commission shall ensure that a proposed sign or signs meets the following design criteria: 1. Design elements. The sign shall contain at least one of the following elements: a. Classic historic design style (ghost sign, metal, carved wood, etc.); b. Creative image reflecting current or historic character of the City; October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards C. Symbols or imagery relating to the beach, ocean recreation, fishing, maritime industry, and /or the related business; or d. Inventive representation of the use or name /logo of the business. 2. Architectural criteria. The sign shall: a. Utilize and /or enhance the architectural elements of the building; and b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features /details of the facade. 3. Contextual criteria. The sign shall: a. Be in scale and proportion with the structure where it is placed; b. Be placed to respect and enhance the key architectural elements of the building; and C. Respect the scale and proportion of surrounding commercial structures and signs. F. Limitation. Approval of an Innovative Sign Program shall not: 1. Authorize the use of signs prohibited by this Chapter; 2. Authorize any sign that is more than 20 percent larger than it could have been without the owner's participation in the Innovative Sign Program; or 3. Authorize any sign based on an evaluation of the message displayed. G. Revisions to Innovative Sign Programs. The Director may approve revisions to an Innovative Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Innovative Sign Program by the Commission. 20.42.140 — Nonconforming Signs A. Abatement of nonconforming signs. The following nonconforming signs shall be removed or altered to be conforming within 15 years from October 27,2005, unless an earlier removal is required by the provisions of Subsection B, below. 1. Roof signs; 2. Pole signs; 3. Internally illuminated signs with a translucent face; 4. Signs with letters, text, logos, or symbols taller than permitted by this Chapter; and 5. Signs that exceed 75 square feet in total sign area. Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 B. Removal of nonconforming signs. Nonconforming signs shall be removed if: The nonconforming sign is more than 50 percent destroyed, and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than 50 percent destroyed if the estimated cost of reconstruction exceeds 50 percent of the replacement cost as determined by the Building Official; 2. The nonconforming sign is remodeled, unless the sign is remodeled to comply with the provisions of this Chapter; 3. The nonconforming sign is located on a building that is enlarged or expanded, if the nonconforming sign is affected by the construction, enlargement, remodel, or expansion. An enlargement, remodel, or expansion of the portion of the building upon which the nonconforming sign is located or that is more than 50 percent of the building area shall be deemed to affect the nonconforming sign; or 4. The nonconforming sign is temporary. C. Deactivation of flashing features. The owner of a sign that contains flashing features shall permanently deactivate the flashing features. D. Continuance of nonconforming signs. Except as provided in Subsections 20.42.140 A and B, a nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, but it shall not be: Structurally changed to another nonconforming sign, although its copy and pictorial content may be changed. 2. Structurally altered to prolong the life of the sign, except to meet safety requirements. 3. Expanded or altered in any manner that increases the degree of nonconformity E. Repairing and repainting. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location, except for building remodeling, unless removal of the sign for painting or repair is part of the sign's customary maintenance and repair. F. Change of business ownership. Upon a change of ownership, the new owner of a nonconforming sign may change the name or names on the sign so long as there is no change in the structure or configuration of the sign. 20.42.150 — Abandoned Signs A. Removal of abandoned signs. An abandoned sign or an abandoned nonconforming sign shall be immediately removed by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards 2. A sign frame or structure that has been abandoned shall be immediately removed by the owner or lessee of the premises upon which the sign frame or structure is located. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90 days; or that has not been removed within 30 days after the occurrence of the event or activity, shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Director shall send a person responsible for a sign presumed to be abandoned an Abandoned Sign Notification. Failure of the person to respond within 30 days to the Abandoned Sign Notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 20.42.160 — Illegal Signs A. General prohibition. It is unlawful for any person to erect, place, post, construct, reconstruct, alter, maintain, or move or allow any person to erect, place, construct, reconstruct, alter, maintain, or move any sign that does not comply with the provisions of this Chapter. B. Strict liability. Violations of this Chapter shall be treated as a strict liability offense regardless of intent. C. Illegal signs identified. The following signs are illegal and declared to be a public nuisance: 1. A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved after the effective date of this Chapter that does not comply with any provision of this Chapter; 2. A sign that was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved prior to the effective date of this Chapter that failed to comply with all regulations in effect at the time the sign was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved; 3. A nonconforming sign that is required to be removed or altered and that is not removed or altered in the time required; 4. Signs with flashing elements that are not deactivated; 5. An abandoned nonconforming sign; and 6. An abandoned sign. 20.42.170 — Maintenance Requirements A. Maintenance of signs required. All types of signs, together with their supports, braces, guys, and anchors shall be properly maintained at all times with respect to safety, appearance, and structural and electrical features. JJJJM Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 B. Proper maintenance identified. Display surfaces shall be kept clean and neatly painted and repaired at all times, and there shall be no missing or damaged messages, graphics, or structural elements, or portions thereof. Signs shall be refinished to remove rust or other corrosion due to the elements as necessary. Faded, cracked, or broken faces or surfaces, and malfunctioning lamps shall be replaced immediately. Awnings that have signs shall be cleaned periodically and replaced if they become faded, tattered, or ripped. C. Administrative procedures applied to signs that are not maintained. Signs that are not properly maintained shall be subject to the provisions of Municipal Code Titles 1, 10, and 20. D. Hazardous signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply: 1. Hazardous signs identified. A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard. Hazardous signs are declared to be a public nuisance in compliance with Municipal Code Sections 1.04.020 and 10.50.020(1). 2. Removal of hazardous signs. Upon discovering a hazardous condition, the City may cause the immediate removal of a sign that is a danger to the public due to unsafe conditions. The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the message thereon. No hearing shall be required for the removal of hazardous signs. The City is not required to give notice of intent to remove the sign prior to removal, but shall inform the owner of the property from which the hazardous sign is to be removed that the hazardous sign has been removed within 7 days of removal, by certified United States mail, return receipt requested and by first class United States mail. 3. Owner responsible for costs of Abatement. Signs removed in compliance with this Section shall be stored for 30 days, during which time they may be recovered by the owner upon payment to the City for costs of abating the public nuisance, including removal and storage. If not recovered within the 30 -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. 4. Penalties. Hazardous signs shall also be subject to the administrative remedies of the Municipal Code, including Section 10.50.020 and Sections 1.04 and 1.05. 5. Recovery of costs. All costs of abatement may be assessed to the owner of the property from which the hazardous sign was removed and recovered as a lien on the property in compliance with Municipal Code Titles 1 and 10. 20.42.180 — Heritage Signs A. Designation of heritage signs. The designation of a sign as a heritage sign is intended to allow nonconforming signs that otherwise would be required to be removed in compliance with Section 20.42.140 (Nonconforming Signs) of this Chapter to remain if the sign or the establishment associated with the sign are determined to have historical or local identity significance to the City of Newport Beach in compliance with the standards established in this Section. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards B. Application and review authority. Application for heritage sign status may be submitted by the business owner, property owner, or City for review by the Commission. The Commission shall review all applications and approve or disapprove heritage sign status in compliance with this Section. C. Heritage sign criteria. The Commission may designate a sign as a heritage sign if the sign is the type of sign that would be subject to removal as a nonconforming sign and the sign meets both the following criteria: Historically Significant. A sign is historically significant if the sign was erected or created at least 35 years ago and is either representative of a significant sign - making technique or style of a historic era or represents entities or establishments that are an important part of Newport Beach history. 2. Visually Significant. The sign is visually significant in at least 2 of the following regards: a. The sign possess a uniqueness and charm because it has aged gracefully; b. The sign remains a classic example of craftsmanship or style of the period when it was constructed and uses materials in an exemplary way; C. The sign compliments its architectural surroundings or is particularly well integrated into the structure; or d. The sign is an inventive representation of the use, name, or logo of the building or business. D. Designation of heritage signs. The Director shall review each application for heritage sign status on a case -by- case basis to assess whether the sign meets the criteria for designation as a heritage sign. Based on this review, staff shall prepare findings and recommendations to the Commission regarding their assessment and the application's merit regarding the designation. The Commission shall review staff findings and recommendations at a noticed public hearing. 2. The Commission may direct staff to undertake additional analysis to assess whether a sign should receive heritage sign status. The Commission may also direct staff to undertake additional analysis of any sign already designated as a heritage sign. Staffs additional analyses and recommendations shall be available for public review and comment prior to the Commission's subsequent meeting for review and action on a heritage sign. Upon due consideration of staff's findings and recommendations plus all public testimony and comment, the Commission may approve or deny designation of heritage sign status. E. Alteration of heritage signs. Designated heritage signs may be not be physically altered except for routine cleaning and general maintenance. Cleaning and maintenance shall be consistent with the preservation of the character or defining features of the sign Newport Beach Zoning Code, Title 20 October 2010 Sign Standards 20.42 in all respects. A designated heritage sign may be removed if desired. If a designated heritage sign is removed, its heritage status shall be revoked. If the character or defining features of a designated heritage sign are altered, its designation as a heritage sign shall be revoked and the sign shall be removed. Where applicable, the sign may be modified to conform to the requirements of this Chapter. October 2010 Newport Beach Zoning Code, Title 20 20.42 Sign Standards — This page intentionally left blank — �Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.44 — Transportation Demand Management Requirements Sections: 20.44.010 — Purpose 20.44.020 — Applicability 20.44.030 — Transportation Demand Management Program 20.44.040 — Employment Generation Factors 20.44.050 — Site Development Requirements 20.44.060 — Equivalent Facilities or Measures. 20.44.070 — Enforcement and Penalties. 20.44.010 — Purpose The purpose of this Chapter is to implement the requirements of Orange County's Congestion Management Program. The requirements of this Chapter are intended to: A. Reduce the number of peak - period vehicle trips generated in association with the approval of development projects; B. Promote and encourage the use of alternative transportation modes, including ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support the use of these modes; C. Reduce vehicle trips, traffic congestion, and public expenditures for transportation system improvements and improve air quality and environmental quality through the utilization of existing local mechanisms, requirements, and procedures for project review and permit processing; D. Promote coordinated implementation of strategies on a Citywide and Countywide basis to reduce transportation demand; and E. Achieve the most efficient use of local resources through coordinated and consistent regional and /or local trip reduction programs. 20.44.020 — Applicability The requirements of this Chapter shall apply to all new nonresidential projects, nonresidential portions of mixed use projects, and employment centers that are estimated to employ 250 or more persons. 20.44.030 — Transportation Demand Management Program A. Program preparation. Applicants for projects covered by this Chapter shall prepare a transportation demand management program applicable to the proposed project that will: October 2010 Newport Beach Zoning Code, Title 20 20.44 Transportation Demand Management Requirements Reduce the number of peak - period vehicle trips generated in association with the proposed project; Promote and encourage the use of alternative transportation modes (e.g., ridesharing, carpools, vanpools, public transit, bicycles and walking); and Provide those facilities that support alternate transportation modes. B. Review authority approval. The review authority shall issue a written determination to approve, conditionally approve, or deny the approval of the transportation demand management program based on the program's ability to meet the requirements provided in Subsection A, above. 20.44.040 — Employment Generation Factors The following generation factors are the basis for determining employment projections in the absence of more specific information. Land Use Category Gross Square Feet/Employee Retail 500 Office /Professional 250 Industrial 525 Hotel 1.0 /room Employment projections shall be developed by the project applicant, subject to approval by the City. The employment projection for a mixed -uses development shall be calculated on a case - by -case basis, based upon the proportion of development devoted to each type of use. 20.44.050 — Site Development Requirements Projects subject to the requirements of this Chapter shall be subject to the following site development requirements. Required improvements shall be reviewed and approved by the review authority concurrent with other project approvals. A. Carpool parking. A parking space shall be reserved and designated for each identified carpool vehicle. Carpool spaces shall only be used by carpool vehicles and shall be located near the employee entrance or at other preferential locations, as approved by the City Traffic Engineer. A minimum of 5 percent of the provided parking shall be reserved for carpools. Additional spaces shall be designated for each new carpool that forms. B. Bicycle racks /lockers. Bicycle lockers or bicycle racks, as determined by the review authority, shall be provided for use by employees or tenants. A minimum of 2 lockers per 100 employees shall be provided. Lockers may be located in a required parking space. C. Lockers and showers. A minimum of 2 showers and 2 lockers shall be provided. Additional showers and lockers may be required by the review authority based on the total number of anticipated employees. Newport Beach Zoning Code, Title 20 October 2010 Transportation Demand Management Requirements 20.44 D. Information on transportation alternatives. A commuter information area shall be provided in 1 or more central areas that are accessible to all employees or tenants. Information shall include, but not be limited to, current maps, routes and schedules for public transit; ridesharing match lists; available commuter incentives and ridesharing promotional material supplied by commuter - oriented organizations. E. Rideshare vehicle loading area. A rideshare vehicle loading area shall be designated at a location approved by the City Traffic Engineer. The area shall accommodate a minimum of 2 passenger vehicles. Additional loading area may be required by the City Traffic Engineer based on the total number of anticipated employees. F. Vanpool accessibility. Vanpool spaces shall be reserved and designated for each identified vanpool in compliance with the approved plan. A minimum T -2" vertical clearance shall be provided and the spaces shall be located near the employee entrance or other preferential location as approved by the City Traffic Engineer. G. Bus stop improvements. Bus stop improvements, including bus pullouts, bus pads, and right -of -way for bus benches and shelters shall be required for developments located along arterials where public transit exists or is anticipated to exist within 5 years. Improvements shall be developed in consideration of the level of transit ridership and the impact of stopped busses on other traffic. H. Sidewalks. Sidewalks or other paved pathways connecting the external pedestrian circulation system to each building in the development shall be provided. 20.44.060 — Equivalent Facilities or Measures. The project applicant shall have the option of deleting or modifying any or all of the site development requirements if equivalent facilities or measures are provided. The applicant shall demonstrate the equivalency of the proposed measures to the satisfaction of the applicable review authority. 20.44.070 — Enforcement and Penalties. The City may withhold the issuance of Building Permits, Certificates of Occupancy and /or issue stop work orders for a development project failing to comply with the provisions of this Chapter. If any improvements or programs required by this Chapter are either rendered unusable or discontinued, the property owner, employer and /or tenant may be subject to enforcement procedures in compliance with Chapter 20.68 (Enforcement). October 2010 Newport Beach Zoning Code, Title 20 20.44 Transportation Demand Management Requirements — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.46 — Transfer of Development Rights Sections: 20.46.010 — Purpose 20.46.020 — Applicability 20.46.030 — General Requirements 20.46.040 — Procedures 20.46.050 — Findings 20.46.010 — Purpose This Chapter provides procedures for the transfer of development rights from a property to one or more other properties. 20.46.020 — Applicability The provisions of this Chapter shall apply within all zoning districts. 20.46.030 — General Requirements A. Location. The donor and receiver sites shall be located within the same Statistical Area as identified in the Land Use Element of the General Plan. B. Floor area for a donor site. The maximum gross floor area allowed on a donor site shall be reduced by the amount of the transfer of development intensity to the receiver site. C. Residential uses. When the transfer of development rights involves residential units, the transfer shall be on a unit for unit basis. 20.46.040 — Procedures The following procedure shall be used for the transfer of development rights A. Application. The applicant shall submit an application to the Department that identifies the quantity of entitlement (e.g., floor area, hotel rooms, theater seats, etc.) to be relocated and the sending and receiving sites. If the requested transfer includes the conversion of nonresidential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. B. Traffic analysis. The Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. October 2010 Newport Beach Zoning Code, Title 20 20.46 Transfer of Development Rights C. Detailed traffic analysis. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in Chapter 15.40 (Traffic Phasing Ordinance) of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. D. Land use intensity analysis. If the transfer request involves the conversion of uses, the Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 15 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Director. E. Council to consider. Applications for transfer of development rights shall be considered by the Commission with a recommendation to the Council. The Council may approve a transfer of development rights only if it makes all of the findings in Section 20.46.050, below. F. Legal assurances. A covenant or other legally binding agreement approved by the City Attorney shall be recorded against the donor site assuring that all of the requirements of the transfer of development rights will be met by the current and future property owners. 20.46.050 — Findings When approving a transfer of development intensity the Council shall make all of the following findings: A. The reduced density /intensity on the donor site provides benefits to the City, for example: a. The provision of extraordinary open space, public view corridor(s), increased parking, or other amenities; b. Preservation of an historic building or property, or natural resources; C. Improvement of the area's scale and development character; d. Reduction of local vehicle trips and traffic congestion; and e. More efficient use of land. B. The transfer of development rights will not result in any adverse traffic impacts and would not result in greater intensity than development allowed without the transfer and the proposed uses and physical improvements would not lend themselves to conversion to higher traffic generating uses; C. The increased development potential transferred to the receiver site will be compatible and in scale with surrounding development and will not create abrupt changes in scale or character; and ILIQ .0 Newport Beach Zoning Code, Title 20 October 2010 Transfer of Development Rights 20.46 D. The receiver site is physically suitable for the development proposed taking into consideration adjacent circulation patterns, protection of significant public views and open space, and site characteristics, including any slopes, submerged areas, and sensitive resources. October 2010 Newport Beach Zoning Code, Title 20 20.46 Transfer of Development Rights — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Part 4 Standards for Specific Land Uses Table of Contents Chapter 20.48 — Standards for Specific Land Uses .................................. ............................4 -3 20.48.010 — Purpose ............................................. ................................................................. 4 -3 20.48.020 — Adult- Oriented Businesses ..................................................... ............................4 -3 20.48.030 — Alcohol Sales ......................................................................... ............................4 -4 20.48.040 — Animal- Keeping ...................................................................... ............................4 -8 20.48.050 — Animal Sales and Services ................................................... ...........................4 -10 20.48.060 — Bed and Breakfast Inns ......................................................... ...........................4 -11 20.48.070 — Day Care Facilities (Adult and Child) .................................... ...........................4 -12 20.48.080 — Drive - Through and Drive -Up Facilities .................................. ...........................4 -13 20.48.090 — Eating and Drinking Establishments ..................................... ...........................4 -14 20.48.100 — Emergency Shelters .............................................................. ...........................4 -18 20.48.110 — Home Occupations ................................................................ ...........................4 -20 20.48.120 — Massage Establishments and Services ................................ ...........................4 -21 20.48.130 — Mixed -Use Projects ............................................................... ...........................4 -22 20.48.140 — Outdoor Storage, Display, and Activities ............................... ...........................4 -24 20.48.150 — Personal Property Sales in Residential Districts ................... ...........................4 -26 20.48.160 — Recycling Facilities ................................................................ ...........................4 -26 20.48.170 — Residential Care Facilities ..................................................... ...........................4 -27 20.48.180 — Residential Development Standards and Design Criteria . ............................... 4 -29 20.48.190 — Satellite Antennas and Amateur Radio Facilities .................. ...........................4 -31 20.48.200 — Senior Accessory Dwelling Units .......................................... ...........................4 -34 20.48.210 — Service Stations .................................................................... ...........................4 -35 20.48.220 — Time Share Facilities ................................................ ........................................ 4 -41 October 2010 Newport Beach Zoning Code, Title 20 Part 4 — Standards for Specific Land Uses Tables Table 4 -1 Animal- Keeping Standards .............................. ................................................ ... ... 4 -8 Table 4 -2 Required Setbacks for Structures Housing Domestic Farm Animals .....................4 -9 Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.48 — Standards for Specific Land Uses Sections 20.48.010 — Purpose 20.48.020 — Adult- Oriented Businesses 20.48.030 — Alcohol Sales 20.48.040 — Animal- Keeping 20.48.050 — Animal Sales and Services 20.48.060 — Bed and Breakfast Inns 20.48.070 — Day Care Facilities (Adult and Child) 20.48.080 — Drive - Through and Drive -Up Facilities 20.48.090 — Eating and Drinking Establishments 20.48.100 — Emergency Shelters 20.48.110 — Home Occupations 20.48.120 — Massage Establishments and Services 20.48.130 — Mixed -Use Projects 20.48.140 — Outdoor Storage, Display, and Activities 20.48.150 — Personal Property Sales in Residential Districts 20.48.160 — Recycling Facilities 20.48.170 — Residential Care Facilities 20.48.180 — Residential Development Standards and Design Criteria. 20.48.190 — Satellite Antennas and Amateur Radio Facilities 20.48.200 — Senior Accessory Dwelling Units 20.48.210 — Service Stations 20.48.220 — Time Share Facilities 20.48.010 — Purpose This Chapter provides additional site planning, development, and operational standards for a variety of specified land uses. 20.48.020 — Adult- Oriented Businesses This Section provides standards to regulate adult- oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the City o uniform regulations to prevent any deleterious location and businesses within the City, thereby reducing or eliminating the these establishments (i.e., crime and degraded commercial and requirements of this Section are in addition to those provided (Adult- Oriented Business). ind to establish reasonable and concentration of adult- oriented adverse secondary effects from residential neighborhoods). The n Municipal Code Chapter 5.96 A. Zoning districts and planned communities. Adult- oriented businesses shall be allowed in nonresidential zoning districts (excluding mixed use districts) and where nonresidential uses are allowed in planned community districts. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses B. Permit requirements. Adult- oriented businesses shall obtain a permit in compliance with Municipal Code Chapter 5.96 (Adult- Oriented Business) before any other permit is issued (e.g., building permit, development permit, etc.). C. Location restrictions. Adult- oriented businesses shall maintain the following separation requirements, except that in the OA zoning district only the separation between adult - oriented businesses shall apply. 500 feet from the boundary of any residential zoning district or residential use, including residential uses in mixed -use zoning districts; or 2. 1,000 feet from any lot upon which there is properly located a religious institution, public beach or park, school or City facility, including but not limited to City Hall, and Newport Beach libraries, police, and fire stations; or 3. 500 feet from another adult- oriented business. D. Measurement. The distance of separation shall be measured using a straight line, without regard to intervening structures or objects, from the zoning district boundary line or the property line of the lot on which the adult- oriented business is located to the nearest property line of the lot upon which is located a residential use, religious institution, park, or school. If the residential use, religious institution, park or school is located on the same lot as the adult- oriented business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects. +Z1xf311Iri1a_1M. i -1U11M The purpose of this Section is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. It is recognized that hospitality, entertainment, recreation and related businesses are a significant part of the City's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods. This Section is intended to prevent alcohol - related problems (e.g., driving under the influence, alcohol abuse, assaults, public inebriation, littering, loitering, obstruction of pedestrian traffic, noise, traffic violations, illegal parking, defacement and damaging of public and private property, etc.). This Section provides regulations to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law enforcement, medical care, and educational, preventive, treatment and rehabilitation resources. A. Operating standards. Alcohol consumption on premises prohibited. Consumption of alcoholic beverages inside a retail alcohol sales establishment, outside the building, or elsewhere outside on the premises shall be prohibited. 2. Sales activities. Alcoholic beverages shall not be sold: Outside the exterior walls of the alcohol sales establishment; Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 b. From drive -up or walk -up service windows; or C. To persons in watercraft. 3. Litter and graffiti. The owner /operator shall: a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises ; and C. Remove graffiti within 48 hours of written notice from the City. 4. Security. The review authority may require the alcohol sales establishment to provide security personnel, security programs, and /or surveillance devices. 5. Sales training. a. Personnel. Owners, operators, servers, vendors, and persons selling alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcohol Beverage Control. b. Records. Records of each owner's, operator's, server's, vendor's, and employee's successful completion of the LEAD training program shall be maintained on the premises and shall be presented to a representative of the City upon request. 6. Outdoor storage. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 7. Conditions of approval. The owner /operator shall maintain a copy of the most recent City permit, conditions of approval, and operating standards on the premises and shall post a notice that these are available for review on the premises. The posted copy shall be signed by the permittee. 8. Public telephones. Upon request of the Police Chief or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner /operator shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. B. Development standards. 1. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, the following shall apply: a. Window signs shall not obstruct the view of the interior of the premises, (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses b. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 2. Site and floor plans. The site and floor plans of an alcohol sales establishment shall incorporate design features to reduce alcohol - related problems. The review authority may require the incorporation of preventive design features (e.g., openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of interior and exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior, etc.). C. Permit requirements. New permits. Owners or operators of alcohol sales establishments shall submit applications for permits and licenses required by Municipal Code Title 5 (Business Licenses and Regulations),In addition, permits required by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) shall also be required. All required permits and licenses shall be obtained prior to commencement of the use. 2. Amended permits. Owners or operators of existing alcohol sales establishments shall be required to submit an application for an amendment to an existing permit in any of the following circumstances: a. Substantial change. When there is a substantial change in operation including any of the following: (1) A change in type of retail liquor license from the Department of Alcoholic Beverage Control; (2) An increase in the floor area or shelf space principally devoted to alcohol sales by 25 percent or more or by 250 square feet or more, whichever is less; or (3) A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than 30 days. b. Objectionable conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: (1) A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Penal Code, or other State statutes; or (2) A pattern of substantiated complaints of activity constituting evidence of a nuisance. 3. Required findings. Prior to approval of a new or amended permit for an alcohol sales establishment, the review authority shall find that the use is consistent with the purpose and intent of this Section. This finding shall be in addition to the Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 findings required by Section 20.52.020 (Conditional Use Permits and Minor Use Permits). In making the required finding, the review authority shall consider the following: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. C. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. e. Whether or not the proposed amendment will resolve any current objectionable conditions. 4. Post - decision procedures. a. Time limits. Notwithstanding the time limits in Section 20.54.060 (Time Limits and Extensions), an approved permit for an alcohol sales establishment shall expire within 12 months from the date of approval unless the California Department of Alcoholic Beverage Control issues or transfers the ABC license before the permit expiration date. b. Extension of time. The review authority may grant a time extension for a permit for an alcohol sales establishment for a period not to exceed 12 months. An application for a time extension shall comply with Section 20.54.060 (Time Limits and Extensions). C. Revocation. The review authority may revoke a permit for an alcohol sales establishment, upon making one or more of the following findings in addition to the findings required in Subsection 20.68.050.B (Revocations or changes): (1) The establishment is being operated in an illegal or disorderly manner. (2) Noise from the establishment violates Section 20.30.080 (Noise). (3) The establishment fails to fully comply with the rules, regulations, and orders of the California Department of Alcoholic Beverage Control (ABC), including a violation of, or failure to maintain, a valid ABC license. d. Discontinuance. A permit for an alcohol sales establishment shall expire if the use is discontinued for 90 consecutive days or if the ABC license for the establishment is revoked or transferred to a different location. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses 20.48.040 — Animal- Keeping This Section provides standards to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights, or insect infestations. A. Compliance with standards. Animal- keeping shall comply with the standards in Table 4 -1 (Animal- Keeping Standards). TABLE 4 -1 ANIMAL - KEEPING STANDARDS Household Pets Total of 3 animals See Subsection B Zoning Type of Animal Maximum Number of Minimum Minimum Setback Districts Required Animals per Site Parcel Size from Lot Lines Where Permit (2) Cats and /or dogs Total of 4 animals None None Allowed P over 4 months old animals). Household Pets Domestic Farm Animals Total of 3 animals See Subsection B RM over 4 months old None None P maximum of 3 = acre setbacks for All ll M MU P Cats and /or dogs Total of 4 animals None None RBI P over 4 months old animals). Horses (noncommercial only) R -2 Total of 6 animals None None RA P over 4 months old below (Required Small household pets (e.g., (1) 1 acre setbacks for R -A MUP domesticated birds; hamsters, domestic farm guinea pigs, mice; Any combination up to 10 total None None All P nonpoisonous reptiles and As determined by Conditional Use Permit R -A CUP Goats, pigs, sheep, cows, Total of 2 adult snakes; rabbits, etc.) See Subsection B R -A (3) P poultry, and similar animals animals (1) Pot - bellied pigs One None None R -1 MUP (3) Domestic Farm Animals Newport Beach Zoning Code, Title 20 October 2010 One horse per each See Subsection B 10,000 sq ft, up to a below (Required maximum of 3 = acre setbacks for R -A P horses (1) domestic farm animals). Horses (noncommercial only) See Subsection B 4 or more horses below (Required (1) 1 acre setbacks for R -A MUP domestic farm animals). Horses (commercial) As determined by Conditional Use Permit R -A CUP Goats, pigs, sheep, cows, Total of 2 adult 15,000 sq ft See Subsection B R -A (3) P poultry, and similar animals animals (1) below (Required Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 TABLE 4 -1 ANIMAL - KEEPING STANDARDS Other Animals Apiary Prohibited — See Municipal Code Section 7.25.010. Aviary (noncommercial only) Allowed in compliance with Municipal Code Section 7.15.010 (Birds) and Chapter 7.08 (Wild Animals). Wild animals Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals). Notes: 1. Offspring are exempt until they are weaned. 2. P = Allowed without a development permit CUP = Conditional Use Permit required (Section 20.52.020) MUP = Minor Use Permit required (Section 20.52.020) 3. See also Municipal Code Section 7.12.010 (Keeping of Livestock). 4. Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals) B. Required setbacks for domestic farm animals. Setbacks. Structures housing domestic farm animals shall comply with the setbacks in Table 4 -2. TABLE 4 -2 REQUIRED SETBACKS FOR STRUCTURES HOUSING DOMESTIC FARM ANIMALS Minimum Minimum Zoning Type of Animal Maximum Number of Minimum Minimum Setback Districts Required Adjacent Animals per Site Parcel Size from Lot Lines Where Permit (2) Properties in Adjacent Property from Allowed Other Zoning Public Rights -of -Way District Districts kept in corrals and stables, 50 ft - -- setbacks for 35 ft Side including pot - bellied pigs 5 ft 25 ft domestic farm 20 ft 5 ft 25 ft animals). See Subsection B Fowl (not including roosters, 10 animals per '' /] below (Required cockerels, or peacocks) acre 1 / =acre setbacks for R -A (4) MUP domestic farm animals). Other Animals Apiary Prohibited — See Municipal Code Section 7.25.010. Aviary (noncommercial only) Allowed in compliance with Municipal Code Section 7.15.010 (Birds) and Chapter 7.08 (Wild Animals). Wild animals Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals). Notes: 1. Offspring are exempt until they are weaned. 2. P = Allowed without a development permit CUP = Conditional Use Permit required (Section 20.52.020) MUP = Minor Use Permit required (Section 20.52.020) 3. See also Municipal Code Section 7.12.010 (Keeping of Livestock). 4. Allowed in compliance with Municipal Code Chapter 7.08 (Wild Animals) B. Required setbacks for domestic farm animals. Setbacks. Structures housing domestic farm animals shall comply with the setbacks in Table 4 -2. TABLE 4 -2 REQUIRED SETBACKS FOR STRUCTURES HOUSING DOMESTIC FARM ANIMALS October 2010 Newport Beach Zoning Code, Title 20 Minimum Minimum Minimum Distance from Distance from Distance from Type of Adjacent Adjacent Dwelling Unit on Setback Minimum Distance Properties within Properties in Adjacent Property from R -A Zoning Other Zoning Public Rights -of -Way District Districts Front 50 ft - -- - -- 35 ft Side 20 ft 5 ft 25 ft Rear 20 ft 5 ft 25 ft October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses 2. Outdoor exercise areas. Animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, and show grounds) may be located up to the lot line, except that those areas abutting a public right -of -way shall be set back a minimum of: a. 25 feet from a front lot line; and b. 10 feet from a side lot line. C. Maintenance and operational standards. 1. Applicable health and animal control regulations. The regulations of the Orange County Health Department and the City of Newport Beach Animal Control shall apply to animal keeping. 2. Enclosures. All animals, except for cats, shall be confined at all times within a suitable enclosure (e.g., fences, pens, coops, cages, corrals, etc.). 3. Maintenance. Animal enclosures shall be maintained free from litter, garbage, and the accumulation of manure to discourage flies and other disease vectors. Manure shall not be allowed to accumulate within setback areas. Each site shall be continually maintained in a neat and sanitary manner. 4. Noise control. Animal keeping shall comply with the Municipal Code Chapter 7.20 (Noisy Animals). D. Permit application review. Where Table 4 -1 (Animal- Keeping Standards) requires a Minor Use Permit or a Conditional Use Permit, the review authority shall evaluate how the proposed animals will be housed and /or confined, and whether the location, size, and design of the area for animal keeping on the site will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Minor Use Permit or Conditional Use Permit, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed. f'Zrxfi�tF7t1s_�'iTf"Fi - 1E.'�1[�1iL'E.3�li� This Section provides standards for various animal sales and services establishments for the purpose of protecting residents from their potentially adverse effects. The keeping of dogs, cats, and other small animals that does not constitute an animal boarding /kennel facility, as defined by this Zoning Code, shall be subject to the requirements of Section 20.48.040 (Animal Keeping). A. Animal boarding /kennels. The keeping of 4 or more dogs and /or cats in any combination over the age of three 3 months shall comply with Municipal Code Chapter 7.35 (Regulations of Kennels). B. Animal grooming. Animal grooming facilities shall be entirely enclosed, soundproofed, and air - conditioned. Boarding of animals, outside runs or cages, outside trash containers, and offensive odors shall be prohibited. �Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 C. Animal retail sales. Animal retail sales establishments shall be entirely enclosed and air - conditioned. Boarding of animals not offered for sale, outside runs or cages, outside trash containers, and offensive odors shall be prohibited. Grooming activities shall be incidental to the retail use. D. Veterinary services. Animal hospitals /clinics shall be entirely enclosed, soundproofed, and air - conditioned. Outside runs or cages, outside trash containers, and offensive odors shall be prohibited. Animal cremation shall not be allowed. Grooming activities shall be incidental to the hospital /clinic use. Temporary boarding of animals shall be allowed as an accessory use. 20.48.060 — Bed and Breakfast Inns This Section establishes standards for the establishment and operation of bed and breakfast inns. A. Operational standards. 1. Operator occupancy. An operator of a bed and breakfast inn shall live on the premises. 2. Meals. Serving of meals shall be limited to registered guests only. 3. Sales. Accessory sales of goods and services shall be limited to registered guests only. In compliance with Business & Professions Code Section 24045.12, a bed and breakfast inn may sell alcohol to registered guests only, provided that the establishment has an approved ABC License Type 80 (Special On -Sale General B &B license). 4. Length of stay. Guests may occupy accommodations up to a maximum of 14 days in any 3 -month period. B. Design and development standards. 1. Number of guest rooms. A maximum of 6 guest rooms shall be allowed in a dwelling unit. The review authority may further limit the number of guest rooms in residential zoning districts to ensure preservation of the neighborhood's residential character. 2. Kitchen facilities. Separate kitchen facilities for guests shall not be provided. 3. Signs. Signs shall comply with the requirements of Chapter 20.42 (Sign Standards). C. Other licenses and permits. Bed and breakfast inn owners /operators shall obtain the following licenses and permits from the City and any others required by State and local laws and ordinances: 1. Transient Occupancy Registration Certificate in compliance with Municipal Code Chapter 3.16 (Uniform Transient Occupancy Tax). 2. Business License in compliance with Municipal Code Chapter 5.04 (Business Licenses and Regulations). October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses D. Tsunami information and evacuation plans. Bed and breakfast inns in areas identified in General Plan Figure S1 (Coastal Hazards) as susceptible to tsunami inundation shall provide guests with information on tsunamis and evacuation plans. 20.48.070 — Day Care Facilities (Adult and Child) This Section provides standards for day care facilities for adults and children (i.e., small adult day care (6 or fewer) small child day care (8 or fewer), large adult day care (7 -14) large child day care (9 -14), and general child day care facilities. A. Licensing. The operator of a small or large adult or child day care home shall obtain a license from the California Department of Social Services. B. Care provider occupancy. The single - family dwelling in which each small and large adult or child day care home is located shall be the principal residence of the care provider, and the use shall be clearly residential in character, and shall be accessory to the use of the property as a residence. C. Standards for small adult and child day care homes. Small adult and child day care homes are considered a residential use of property and shall comply with standards applicable to residential uses in compliance with this Zoning Code. D. Standards for large adult and child day care homes. In addition to the requirements of Paragraphs A and B, above, large adult and child day care homes shall comply with the following: Separation requirement. A large adult or child day care home within a residential zoning district shall not be located within 500 feet of another day care home. 2. Drop- off /pick -up area. A minimum of 2 off - street parking spaces as a drop -off and pick -up area shall be provided, in addition to the spaces required for the dwelling unit. A driveway may be used to provide these spaces, subject to approval by the Traffic Engineer based on traffic and pedestrian safety considerations. 3. Noise. In order to protect adjacent residential dwellings from noise impacts, a day care home within a residential zoning district shall only operate a maximum of 14 hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and shall only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m. E. Standards for general day care facilities. General child day care facilities shall comply with the following: 1. Lot size. The minimum lot size for a child day care center shall be 10,000 square feet. 2. Separation. The minimum setback between the main assembly building or the center and a residential zoning district shall be 30 feet. Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 3. Play areas and pools. Each facility shall provide indoor and outdoor play areas in compliance with State requirements. The on -site outdoor play area shall contain at least 75 square feet per child, and in no case shall be less than 450 square feet per facility. The outdoor play area shall not be located in the front yard. A 4 -foot high fence shall enclose an outdoor play area and a 5 -foot high fence shall enclose a pool. 20.48.080 — Drive - Through and Drive -Up Facilities This Section provides standards for retail trade or service uses that provide drive-in /drive- through facilities. The intent of these standards is to mitigate problems of traffic, congestion, excessive pavement, litter, noise, and unsightliness. A. Circulation. The Traffic Engineer may modify these standards to accommodate specific site conditions. Each drive - through aisle should: 1. Be separated by curbing and landscaping from the circulation routes necessary for ingress to or egress from the property or access to a parking space; 2. Be for vehicle stacking only; 3. Provide adequate queuing space before a menu board or a pick -up /service window for an ATM, pharmacy, or similar use ; 4. Have a minimum 10 -foot interior radius at curves and a minimum 12 -foot width; and 5. Be clearly designated by signs /pavement markings. B. Walkways. Pedestrian walkways should not intersect the drive - through access aisles. If they do intersect drive - through access aisles, they shall be clearly visible and enhanced special paving or markings. C. Parking. The provision of drive - through service facilities shall not justify a reduction in the number of off- street parking spaces required in compliance with Chapter 20.40 (Off - Street Parking). D. Signs and menu boards. 1. Signs shall comply with Chapter 20.42 (Sign Standards). 2. Menu -only boards may be provided in compliance with Subsection 20.42.080.K (Miscellaneous signs). E. Screening. 1. Each drive - through aisle shall be appropriately screened with a combination of landscaping, low walls, and /or berms to prevent headlight glare from impacting adjacent residences, businesses, public- rights -of -way, and parking lots. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses 2. A minimum 8 -foot high solid decorative wall shall be constructed on each lot line that adjoins a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. A minimum 5 -foot landscaping strip shall be provided between the wall and any driveway. 20.48.090 — Eating and Drinking Establishments This Section provides standards for the establishment and operation of eating and drinking establishments. A. Standards — all eating and drinking establishments. 1. Outdoor activities. Activities shall be conducted entirely within an enclosed structure, except for the following, which shall not be located between the activity and the side of a structure adjacent to a residential zoning district. a. The checking of patrons' identification; b. Valet parking activities; C. Outdoor dining when in compliance with the standards in Subsection D (Standards - outdoor dining), below. d. Outdoor smoking areas in compliance with State law. e. Queuing of patrons which shall be managed to: (1) Allow pedestrian passage on the sidewalk; and (2) Not be adjacent to residential zoning districts and residential uses. 2. Outdoor storage. Outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be allowed if the storage area is: a. Screened from public view, subject to the Director's approval; and b. Dedicated for storage only, provided that the dedicated area shall not occupy required parking spaces or open space areas. 3. Solid waste storage. The review authority may require storage areas and receptacles that are in addition to the requirements for solid waste storage areas in Section 20.30.120 (Solid Waste and Recyclable Materials Storage). B. Standards — on -sale alcohol sales. 1. Operational standards. In addition to the standards in Subsection A above, the following standards shall apply to eating and drinking establishments that sell, serve, or give away alcohol: Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 a. Sales activities. Alcoholic beverages shall not be sold, served, or given away: (1) Outside of the exterior walls of the eating and drinking establishment, except for approved outdoor dining areas; (2) From drive -up or walk -up service windows; or (3) To persons in watercraft. b. Litter and graffiti. The owner /operator shall: (1) Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; (2) Provide for daily removal of trash, from the premises and abutting sidewalks or alleys within 20 feet of the premises; and (3) Remove graffiti within 48 hours of written notice from the City. C. Security. The review authority may require the eating and drinking establishment to provide security personnel, security programs, and /or surveillance devices. Sales training. Owners, operators, servers, vendors, and persons selling, serving, or giving away alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcohol Beverage Control. 2. Records of each owner's, operator's, server's, vendor's, and employee's successful completion of the LEAD training program shall be maintained on the premises and shall be presented to a representative of the City upon request. G. Conditions of approval. The owner /operator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. f. Public telephones. Upon request of the Police Chief or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner /operator shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. 2. Development standards. a. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, the following shall apply: October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses (1) Window signs shall not obstruct the view of the interior of the premises, (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. (2) Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. b. Site and floor plans. The site and floor plans of an eating and drinking establishment that sells, serves, or gives away alcohol shall incorporate design features to reduce alcohol - related problems. The review authority may require the incorporation of preventive design features (e.g., openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public rights -of -way and neighboring property; illumination of interior and exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior) and other safety features (e.g., security, restrooms, additional exits, etc.). C. Standards - noise control late -hour operations. To encourage appropriate patron conduct, the owner /operator of an eating and drinking establishment that sells, serves, or gives away alcohol shall post signs at clearly visible locations within the establishment and at both on -site and off -site parking areas under the owner /operator's control. The signs shall request patrons to keep noise to a minimum. D. Standards - outdoor dining (including late -hour operations). Public property. Outdoor dining on public property shall comply with Municipal Code Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department. 2. Private property. Outdoor dining on private property shall comply with the following standards: a. Barriers. Appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to define the areas and shall not constitute a permanent all- weather enclosure. b. Associated elements. Physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) that are visible from public rights -of -way shall be compatible with one another and with the overall character and design of the principal structure(s). E. Standards - bars, nightclubs, and lounges. Bars, nightclubs, and lounges shall comply with the standards in Subsections A -D, above. In addition, the structure in which the bar, nightclub, or lounge is located shall be adequately soundproofed so that interior noise is not audible beyond the lot line with the doors and windows closed. F. Permit requirements. New establishments. Permits and licenses required by Municipal Code Title 5 (Business Licenses and Regulations) shall be obtained for new eating and Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 drinking establishments, in addition to permits required by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Existing establishments. An existing eating and drinking establishment, including bars, lounges, and nightclubs shall obtain permits and licenses required by Municipal Code Title 5 (Business Licenses and Regulations) in the following circumstances: a. Substantial change. When there is a substantial change in operation including any of the following: (1) An application for, or a change in type of, retail liquor license from the Department of Alcoholic Beverage Control; (2) An increase in the floor area principally devoted to alcohol sales by 25 percent or more or by 250 square feet or more, whichever is less; or (3) A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than 30 days. b. Objectionable conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: (1) A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Penal Code, or other State statutes; or (2) A pattern of substantiated complaints of activity constituting evidence of a nuisance. 3. Review criteria. a. Late -hour operations. When reviewing an application to allow late -hour operations, the review authority shall consider the following potential impacts upon adjacent or nearby uses: (1) Noise from music, dancing, and voices associated with allowed indoor or outdoor uses and activities; (2) High levels of lighting and illumination; (3) Increased pedestrian and vehicular traffic activity during late night and early morning hours; (4) Increased trash and recycling collection activities; (5) Occupancy loads of the use; and (6) Any other factors that may affect adjacent or nearby uses. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses b. Outdoor dining. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise. C. On -sale alcohol sales. When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, the review authority shall: (1) Evaluate the potential impacts upon adjacent uses outlined in Subparagraph a (Late -hour operations), above. For the purposes of this Subparagraph, "adjacent uses' shall mean those uses within 100 feet of the proposed use, as measured between the nearest lot lines; (2) Consider the proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption; and (3) Make the findings in Subsection 20.48.030.C.3 (Alcohol Sales — Off- Sale). 4. Post - decision procedures. a. With on -sale alcohol sales. For establishments with permits for on -sale alcohol sales, the post- decision procedures in Subsection 20.48.030.C.4. shall apply. b. Without on -sale alcohol sales. For establishments that do not sell, serve, or give away alcohol, the procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Part 6 (Zoning Code Administration) shall apply. 20.48.100 — Emergency Shelters This Section provides standards for the establishment and operation of emergency shelters in compliance with Government Code Section 65583. A. Maximum number of beds. Each emergency shelter may have a maximum of 40 beds. B. Parking. Off - street parking shall comply with Chapter 20.40 (Off- Street Parking) Non- operational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator. C. Design and amenities. 1. Exterior waiting area. Each emergency shelter shall provide an exterior waiting area of at least 10 square feet per bed to accommodate clients and to prevent queuing into the public right -of -way. An exterior waiting area shall be physically separated from the public right -of -way. Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 2. Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas. 3. Sleeping area. Each emergency shelter shall provide at least 35 square feet of sleeping area per bed. 4. Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities). 5. Telephone services. The shelter shall provide landline telephone services separate from the office phone in order to provide privacy. Any payphones provided shall allow call -out service only. 6. Additional standards. Each emergency shelter shall comply with applicable Building Code, Fire Code, and State Department of Social Services licensing requirements. D. Location restriction. 1. Minimum separation distance. An emergency shelter shall be located at least 300 feet away from another emergency shelter. 2. Measurement of separation distance. The distance of separation shall be measured in a straight line between the property lines of each use without regard to intervening structures or objects. E. Operational standards. 1. Length of stay. The maximum length of stay shall be 14 days. 2. On -site management. Each emergency shelter shall provide on -site supervision at all times. 3. Congregation in neighborhood prohibited. The shelter operator shall: a. Patrol the surrounding area within 1,000 feet for one hour after the closing of the shelter each morning to ensure that homeless shelter residents are not congregating in the neighborhood. b. Regularly patrol the area surrounding the shelter site during hours that the shelter is in operation to ensure that homeless persons who have been denied access are not congregating in the neighborhood. 4. Contact information. The operator shall provide information about how to contact the operator with questions or concerns regarding shelter operations. The contact information shall be posted on site where it is readily viewable by an employee, shelter inhabitant, or representative of a governmental agency. 5. Litter and graffiti. The owner /operator shall: a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and C. Remove graffiti within 48 hours of written notice from the City. 6. Controlled access. The facility and /or the premises shall be accessed by one entrance. 7. Supplemental services. Supplemental services (e.g., food, counseling, access to other social programs, etc.) may be offered on the inside of the premises. 20.48.110 — Home Occupations This Section provides standards for the conduct of home occupations as an accessory use to ensure compatibility with the residential character of the neighborhoods where located and to prevent disturbances or annoyances to any reasonable person of normal sensitivity residing in the area. A. Occupancy. A home occupation shall only be operated in a residence occupied by a single- housekeeping unit and by a member(s) of that single house keeping unit. B. Location. A home occupation use shall be conducted in the principal dwelling unit; shall be excluded from a setback area, yard or accessory structure; and shall be clearly incidental and subordinate to the principal residential use. C. Alterations. Alterations shall not be made in either the internal or external structural form of the residential structure or the external appearance for purposes of any home occupation. The removal of partitions or floors, in whole or in part, shall be construed as an alteration of the external or internal structural form and is prohibited. D. Signs. Evidence of a home occupation shall not be visible from off the lot where it is conducted. Advertising sign(s), displays of merchandise or stock -in- trade, or other identification of the business activity shall not be displayed on the premises in a manner that they are visible at any property line of the subject property. E. Employees. Employees of a home occupation shall be limited to permanent residents of the dwelling unit. This restriction shall not apply to independent contractors who make occasional or periodic visits to the site of the home occupation. F. Storage. Equipment or materials used in a home occupation shall not be stored outside or visible from any property line of the subject property. G. Utilities. Changes shall not be made in any noncommunications utility line, meter, or service to accommodate a home occupation and utility use shall not unreasonably exceed that normally or previously used at the residence. H. Performance standards. Equipment or processes shall not emit radiation or create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, equipment or processes shall not create visual or audible interference. �Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 I. Parking. Parking shall comply with Chapter 20.40 (Off- street Parking) and Section 20.38.060 (Nonconforming Parking). J. Traffic generation. A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the neighborhood. K. Prohibited activities. Vehicle repair or storage associated with the home occupation shall not be allowed. Storage of hazardous materials shall not be allowed. L. Visitors. Home occupations shall not be open to visitors without prior appointments. M. State law. Home occupations shall be subject to all other State and local laws and ordinances. N. Business licenses. Applicable business licenses shall be obtained as required by Municipal Code Title 5 (Business Licenses and Regulations). O. Commercial filming activities. Commercial filming activities may be allowed subject to approval of a film permit in compliance with Municipal Code Chapter 5.46 (Regulation of Commercial Film Production). 20.48.120 — Massage Establishments and Services This Section provides standards for the establishment, location, and operation of massage establishments operated as an independent use, in addition to the standards in Municipal Code Chapter 5.50 (Massage Establishments). These standards are intended to promote operation of legitimate massage services and to prevent problems of blight and deterioration, which accompany and are brought about by large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. A. Location requirements. A massage establishment shall not be located: 1. Within 500 feet of a public or private school, park or playground, civic center, cultural site, or religious institution; or 2. Within 500 feet of another massage establishment site. B. Waiver of location restrictions. A property owner may apply for a waiver of the location restrictions contained in Paragraph 1, above. The review authority, after a public hearing, may waive any location restriction, if all of the following findings are made: 1. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Section will be observed; 2. The proposed use will not enlarge or encourage the development of an urban blight area; and 3. The proposed use will not adversely affect a religious institution, school, park, or playground. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses 20.48.130 — Mixed -Use Projects This Section provides standards and criteria for the development of mixed -use projects. The primary intent of these standards and criteria is to balance the needs of nonresidential uses for access, visibility, parking, loading, safety, and economic development with the needs of residential uses for privacy, security, and relative quiet. A. Site Development Review approval required. Mixed -use projects shall require approval of a site development review in compliance with Section 20.52.080 (Site Development Review). B. Development standards. In addition to the development standards provided in this Section, development standards for mixed -use projects are provided in: 1. Table 2 -11 (Development Standards for MU -V; MU -MM; MU -DW; and MU- CV /15`h St.); 2. Table 2 -12 (Development Standards for MU -W1 and MU -W2 Mixed -Use Zoning Districts); and 3. Other Sections in this Part 4 for specific uses that may be part of the proposed mixed -use project. C. Nonresidential uses required on ground - floor. All (i.e., 100 percent) of the ground floor street frontage of mixed -use structures shall be a minimum depth of 25 feet and shall be occupied by retail and other compatible nonresidential uses except: 1. As specified otherwise by Table 2 -11 or Table 2 -12 in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards); or 2. For common /shared building entrances for residences on upper floors. D. Open space areas. Open space areas shall be provided in compliance with Table 2 -11 or Table 2 -12 in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) 1. Private open space. The private open space areas required for residential dwelling units (e.g., balconies, decks, porches, etc.) shall be designed to limit intrusion by nonresidents. 2. Common open space. The common open space areas required for residential dwelling units shall be separated from nonresidential uses on the site and shall be sited and designed to limit intrusion by nonresidents and customers of nonresidential uses. However, the sharing of common open space may be allowed by the review authority when it is clear that the open space will provide direct benefit to project residents. Common open space uses may be provided on rooftops for use only by the project residents. E. Sound mitigation. An acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Director describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. Projects shall be attenuated in compliance with the report. Mixed -use projects shall comply with the noise standards in Title 10, Chapter 10.26 of the Municipal Code. Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 F. Parking, loading, and access. 1. Type and layout of parking facility. Parking facilities shall be physically separated for nonresidential uses and residential uses, except for residential guest parking. If enclosed parking is provided for an entire mixed -use complex, separate areas /levels shall be provided for nonresidential and residential uses with separate building entrances, whenever possible, subject to confirmation and approval by the review authority. 2. Loading areas. Loading areas for nonresidential uses shall be located as far away as possible from residential uses and shall be completely screened from view from the residential portion of the project and public rights -of -way. Loading areas shall be compatible in architectural design and details with the overall project. The location and design of loading areas shall mitigate nuisances from odors when residential uses might be impacted. 3. Site access driveways. Separate site access driveways shall be provided, whenever possible, for nonresidential and residential uses. Site access driveways shall incorporate distinctive architectural elements, landscape features, and signs to help differentiate access to nonresidential parking areas from access to residential parking areas. G. Buffering and screening. Buffering and screening shall be provided in compliance with Section 20.30.020 (Buffering and Screening). Mixed -use projects shall locate loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development to the greatest extent feasible. H. Notification to owners and tenants. Project applicants shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in a mixed use project or located within a mixed use zoning district. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The Project applicant shall covenant to include within all deeds, leases or contracts conveying any interest in a residential unit in a mixed use project or located within a mixed use zoning district (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. I. Deed notification. As a condition of project approval for a residential unit in a mixed use project or in a mixed -use zoning district, applicants shall record a deed notification with the County Recorder's Office, the form and content of which shall be satisfactory to the City Attorney. The deed notification document shall state that the residential unit is located in a mixed use project or in a mixed -use zoning district and that an owner may be subject to impacts, including inconvenience and discomfort, from lawful activities October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses occurring in the project or zoning district (e.g., noise, lighting, odors, high pedestrian activity levels, etc.). 20.48.140 — Outdoor Storage, Display, and Activities This Section provides standards for outdoor storage and display of materials, merchandise, and equipment and for outdoor activities on private property in nonresidential zoning districts. For regulations on outdoor storage in residential zoning districts, see Municipal Code Section 10.50.020 (Nuisance). Outdoor uses within the public right -of -way require an encroachment permit issued by Public Works in compliance with Municipal Code Title 13 (Streets, Sidewalks, and Public Property). A. Outdoor storage in nonresidential zoning districts. Outdoor storage of merchandise, material, and equipment shall be allowed in nonresidential zoning districts only when accessory to an allowed use located on the same premises, provided the following criteria are met: 1. The storage area is screened with fences, walls, solid hedges, or other methods approved by the Department. Chain link fencing with or without slats is not allowed. 2. The height of stored merchandise, materials, or equipment shall not exceed the height of the screening element(s). 3. Outdoor storage shall only be allowed in setback areas if in compliance with Subsection 20.30.110.D (Allowed encroachments into setback areas). B. Outdoor display. 1. Outdoor display of the following merchandise shall be allowed without screening, subject to the requirements in Paragraph 3 below. : a. Flowers and plants; b. Clothing and apparel; b. Food products; C. Handcrafted products and goods; d. Artwork and pottery; e. For -rent recreational equipment (e.g., bicycles, roller skates, surf boards, etc.); f. Operable boats, motor vehicles, motorcycles, and trucks; g. Limited on -site walkway displays adjacent to buildings; and h. Other merchandise that the Director finds to be similar in character, type, or nature to the merchandise listed above. Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 2. Outdoor display of merchandise that is not listed in Subparagraph 1, above, may be allowed, subject to the requirements in Paragraph 3 below, provided that the display area is screened by fences, walls, landscaping, or a combination of these screening elements. The height of displayed merchandise, materials, or equipment shall not exceed the height of the screening element(s). Regulations for outdoor display at service stations are provide in Section 20.48.210 (Service Stations). 3. Outdoor display /sales areas shall comply with all of the following: a. Fences or walls shall screen a display /sales area located on the side of a lot that abuts residentially zoned lots. b. A display /sales area shall be on private property and shall not encroach on required parking areas or landscaped areas. C. The display /sales area shall be directly related to an allowed use occupying a principal structure on the same premises. d. Outdoor storage shall only be allowed in setback areas if in compliance with Subsection 20.30.110.D (Allowed encroachments into setback areas). e. Displayed merchandise shall not obstruct traffic sight areas; encroach upon landscaped areas, driveways, parking spaces, or pedestrian walkways; or otherwise create hazards for vehicle or pedestrian traffic. f. The outdoor display of merchandise shall only be allowed during regular hours of operation, except for vehicle sales /rentals and nurseries. g. Additional signs, beyond those normally allowed for the subject use, shall not be provided for the outdoor display and sales area. C. Outdoor activity in commercial and mixed -use zoning districts. 1. Repair, installation, manufacturing, and assembly uses allowed in commercial and mixed -use zoning districts shall be conducted within a completely enclosed building. 2. Outdoor activity or work areas shall be allowed for uses other than those listed in Subparagraph 1, above, only when associated with an allowed use located on the same premises and when not encroaching on required parking areas or landscaped areas. D. Outdoor activity in industrial zoning districts. 1. Outdoor activity and work areas shall be allowed only when associated with an allowed use located on the same premises. 2. Outdoor activity and work areas shall not be allowed within the required front or street side setbacks or within required parking areas or landscaped areas. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses 3. Outdoor activity and work areas shall be completely enclosed by fences, walls, structures, or a combination of these, that comply with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). 20.48.150 — Personal Property Sales in Residential Districts This Section provides standards for personal property sales in residential zoning districts. A. Number of days. Sales may be conducted for a maximum time period of 3 consecutive days. B. Number of times. Sales shall not be conducted more than 2 times in any 12 month period. C. Hours. Sales shall be conducted only during daylight hours. D. Public rights -of -way. Property shall not be stored, displayed, or offered for sale within public rights -of -way or on public property, except as provided by Municipal Code Section 10.08.030 (Use of Streets and Sidewalks for Commercial Purposes). E. Household goods. Property displayed or offered for sale or trade shall be limited to used personal property from or on any residence or group of residences within the same neighborhood. New or used property acquired or consigned solely for the purposes of resale shall not be displayed or offered for sale or trade. F. Food /beverages. Food or beverages shall not be offered for sale or trade G. Signs. Signs shall comply with the standards in Chapter 20.42 (Sign Standards) for temporary signs. In no case, shall the sign be placed within a public right -of -way (e.g., sidewalk, street, etc.) or on any other public property. H. Post -sale clean -up. All goods, materials, and signs associated with the garage and /or yard sale shall be removed within 24 hours of the end of the sale. 20.48.160 — Recycling Facilities This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities. A. Small collection facilities. A small collection facility shall: 1. Not exceed an area of 350 square feet or 3 parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers; 2. Be set back at least 10 feet from a public right -of -way and shall not obstruct pedestrian or vehicular circulation; 3. Accept only CRV glass, aluminum, or plastic containers, paper, and other recyclable items; 4. Not use power- driven processing equipment; Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 6. Not be located within 50 feet of a lot zoned or occupied for residential use; 7. Have containers and site fencing that are compatible in color and design and harmonious with the surrounding neighborhood; 8. Store materials in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required screen walls; 9. Be kept clean and free of litter; 10. Have signs as follows: a. Identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is less. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container; b. Signs that are compatible and harmonious with the character of their location: and C. Directional signs, consistent with Chapter 20.42 (Sign Standards) and without advertising message, installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right -of -way. 11. Not reduce available parking spaces below the minimum number required for the principal use. B. Large collection facilities. A large collection facility shall: 1. Not be located within 300 feet of a residential use; 2. Be screened from public rights -of -way by solid masonry walls or located within an enclosed structure as required by the review authority; 4. Store materials in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required screen walls; and 5. Be kept clean and free of litter. 20.48.170 — Residential Care Facilities This Section provides standards for residential care facilities granted a Conditional Use Permit in compliance with Section 20.52.030 (Conditional Use Permits in Residential Zoning Districts). A. Smoking in outdoor areas. Staff, clients, guests, or any other users of a residential care facility shall not smoke in an area from which the second -hand smoke may be detected on any parcel other than the parcel upon which the facility is located. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses B. Management and operation. 1. The property shall be operated in compliance with applicable State, Federal, and local law and in conformance with the management and operating plan and rules of conduct submitted as part of the application for a Conditional Use Permit or as identified in the conditions of approval for a Conditional Use Permit. 2. Each management and operation plan shall provide a phone number by which the operator may be contacted at all times. 3. If applicable, the permittee shall comply with the business license provisions of Municipal Code Title 5 (Business Licenses and Regulations). C. Standards for residential care facilities. In order to ensure that residential care facilities are operating in a manner that is consistent with State and Federal law and established industry standards and to ensure that operators do not have a pattern or practice of operating similar facilities in violation of State, Federal, or local law, the standards listed below shall apply: 1. If the facility is not licensed by the State of California, owners, managers, operators, and residents shall not: a. Provide any services onsite if the provision of the service requires licensure of the facility under California law; or b. Provide any services to persons not residing onsite. 2. If the facility is required to be licensed by the State of California, owners, managers, operators, and residents hall not: a. Provide any services other than those that the facility is authorized and licensed to provide by the State of California; or b. Provide any services to persons not residing onsite. 3. The names of all persons and entities with an ownership or leasehold interest in the residential care facility, or who will participate in operation of the facility, shall be disclosed in writing to the City, and the persons and entities shall not have a demonstrated pattern or practice of operating similar facilities in or out of the City in violation of State or local law. 4. The operator of the residential care facility shall provide a list of the addresses of all similar facilities in the State owned or operated by the operator within the past 5 years and shall certify under penalty of perjury that none of the facilities has been found by State or local authorities to be operating in violation of State or local law. All information submitted shall be subject to verification by the Director. 5. Off - street parking shall be provided in compliance with Chapter 20.40. Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 20.48.180 — Residential Development Standards and Design Criteria. A. Development standards 1. Applicability. The development standards in this Subsection shall apply to all R- 1 zoning districts and to all R -2 zoning districts citywide, except as provided in Subsection B, below. 2. Exceptions. This Section does not apply to; a. R -BI, R -1- 6,000, R -1- 7,200, and R- 1- 10,000 zoning districts; b. Lots 25 feet wide or less in the R -2 zoning district; or C. Planned community zoning districts. 3. Third floor limitations. a. Allowed floor area. The maximum gross floor area of habitable space that may be located on a third floor or above 24 feet in height shall not be greater than either of the following: (1) 15 percent of the total buildable area for lots wider than 30 feet; or (2) 20 percent of the total buildable area for lots 30 feet wide or less. On sloping lots, if the slope of the grade on which the structure is located is greater than 5 percent, subject Subsection 20.30.050.B.3, the Director shall determine which story is the third story for the purpose of implementing this requirement. For example, on a 30 -foot wide lot, if the total buildable area of the lot is 2,550 square feet , then the maximum square footage of habitable space that may be located on the third floor, or above 24 feet in height, is 510 square feet (2,550 sq. ft. X 20% = 510 sq. ft.). b. Location of third floor structure. Enclosed square footage located on the third floor shall be set back a minimum of 15 feet from the front and rear setback lines and for lots greater than 30 feet in width a minimum of 2 feet from each side setback line, including bay windows. 4. Open volume area required. a. Calculation. Open volume area shall be provided in addition to the required setback areas and shall be a minimum area equal to 15 percent of the buildable area of the lot. b. Location. The open volume area may be provided anywhere on the lot within the buildable area and below 24 feet from grade. The open volume area may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses C. Minimum dimensions. The open volume area shall meet the following standards: (1) Have a minimum dimension of at least 5 feet in depth from the wall plane on which it is located and a minimum clear vertical dimension of at least 7.5 feet; and (2) Be open to the outdoors on at least one side. B. Design criteria. 1. Applicability. The design criteria provided in this Subsection shall apply to all single -unit and two -unit residential buildings citywide. The following design criteria shall be used in determining a project's consistency with the purpose of this Zoning Code and with the policies of the General Plan related to architecture and site design. The criteria shall apply to all new single -unit and two -unit residential buildings and additions thereto. Review of projects under this subsection is ministerial and shall occur concurrently with the review of plans for building permit issuance. Design criteria. a. Walls. Long unarticulated exterior walls are discouraged on all structures. The visual massing of a building should be reduced by incorporating appropriate design elements; including variation in the wall plane, building modulation, openings, recesses, vertical elements, varied textures, and design accents (e.g. moldings, pilasters, etc.). Front facades shall include windows. b. Upper floors. Portions of upper floors should be set back in order to scale down facades that face the street, common open space, and adjacent residential structures. Upper story setbacks are recommended either as full length "stepbacks" or partial indentations for upper story balconies, decks, and /or aesthetic setbacks. C. Architectural treatment. Architectural treatment of all elevations visible from public places, including alleys, is encouraged. Treatments may include window treatments, cornices, siding, eaves, and other architectural features. Front facade. Where the neighborhood pattern is for the primary entrance to face the street, the primary entry and windows should be the dominant elements of the front facade. Primary entrances should face the street with a clear, connecting path to the public sidewalk or street. Alternatively, entry elements may be visible from the street without the door necessarily facing the street. e. Main entrance. The main dwelling entrance should be clearly articulated through the use of architectural detailing. �Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 20.48.190 — Satellite Antennas and Amateur Radio Facilities This Section provides standards for the location and installation of satellite antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas that are intended for the private use of the property owner. A. Purpose. The purpose of these regulations is to: 1. Preserve visual access to major natural features (e.g., sea, bluffs, bay, harbor); 2. Reasonably accommodate amateur radio communications and avoid imposing unreasonable costs on amateur radio operators; 3. Avoid unreasonable limitation on the reception or transmission of satellite - delivered signals. B. Exempt. In any zoning district, a ground- mounted or structure - mounted, receive -only radio antenna or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches) shall be exempt from the regulations in this Section. C. Development standards - Amateur radio antennas. 1. Lowering device. Amateur radio antennas, capable of a maximum extended height in excess of 40 feet, with the exception of whip antennas, shall be equipped with a motorized device and mechanical device, each capable of lowering the antenna to the maximum permitted height when not in operation. 2. Allowed height. a. The height of an antenna shall be measured from existing grade at the point the mast touches, or if extended would touch, the ground. b. When in operation, no part of any amateur radio antenna shall extend to a height of more than 75 feet above existing grade of the site on which the antenna is installed. C. When not in operation, no part of any amateur radio antenna, excepting whip antennas, shall extend to a height of more than 28 feet measured above grade of the site on which the antenna is installed. 3. Number allowed. One amateur radio antenna structure and one whip antenna shall be allowed on each site. 4. Siting and setbacks. Antenna structures shall be located as follows; a. No portion of the antenna structure or mast ishall be located within any required setback area; and b. No portion of the antenna structure or mast shall obstruct or interfere with a public view identified in Section 20.30.100 (Public View Protection). October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses C. No portion of the antenna structure or mast shall be within the front 40 percent of that portion of the site that abuts a public right -of -way; and d. In the event a site abuts 2 or more public rights -of -way, the mast shall not be located within the front 40 percent of that portion of the site where primary access is provided to the lot. D. Development standards - Satellite dish antennas. 1. Setbacks. A satellite dish antenna shall not be located in a required setback area, except that satellite dish antennas that do not exceed 6 feet in height may be located: a. In a required side setback area if not adjacent to a public right -of -way ; and b. In a required rear setback area where the rear setback area is not adjacent to an alley. 2. Number. A maximum of 1 satellite dish antenna shall be allowed on a site. 3. Color. Satellite dish antennas that are not screened shall be painted in a manner compatible with the structures on the site. 4. Sign. Signs shall not be posted or displayed on a satellite dish antenna. 5. Ground - mounted satellite dish antennas. a. Size. The diameter of a ground- mounted dish antenna shall not exceed 10 feet. b. Height. The height of any portion of a ground- mounted dish antenna shall not exceed 15 feet. C. Location. In residential zoning districts, a ground- mounted dish antenna shall be located: (1) On the rear one -half of the lot; or (2) If a lot borders a public right -of -way and a waterway, beach, bluff, or park, in the middle one -third of the lot measured from the lot line adjacent to the public right -of -way to the rear lot line, mean high tide line, actual high tide line, or bulkhead line, whichever is closest to the lot line adjacent to the public right -of -way. d. Other requirements. Ground - mounted dish antennas shall not reduce areas required for parking, internal circulation, landscaping, or other development standard criteria. 6. Roof - mounted antennas. a. Size. The diameter of a roof - mounted satellite dish antenna shall not exceed 10 feet. Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 b. Height. Roof - mounted antennas shall not exceed the height limit for the zoning district. C. Location. Roof - mounted dish antennas shall be located: (1) On the rear one -half of the lot or the rear one -half of the structure farthest from the primary access to the site, whichever is farthest from the front lot line; or (2) If a lot borders a public right -of -way and a waterway, beach, bluff, or park, in the middle one -third of the lot measured from the lot line adjacent to the public right -of -way to the rear lot line, mean high tide line, actual high tide line, or bulkhead line, whichever is closest to the lot line adjacent to the public right -of -way; and (3) In the case of a sloping roof, the antenna shall be mounted on the lower 2/3 of the roof plane to which it is attached. d. Wiring. Electrical and antenna wiring shall be placed underground or otherwise screened from view. e. Permanent mounting. For a land -based installation, dish antennas shall be permanently mounted and antenna may not be installed on a portable or movable structure. E. Nonconforming antennas. Amateur radio antennas. Amateur radio antennas, antenna structures, and masts in existence before April 27, 1988 shall be considered legal and nonconforming and may continue to be used without complying with this Section except as follows: a. Amateur radio antennas, antenna structures, and masts that are a legal nonconforming use shall comply with the Subsection C.2 (Allowed Height), above, to the extent that they are capable of doing so without modifications. b. Amateur radio antennas, antenna structures and masts may be enlarged, expanded, or relocated only if brought into compliance with this Section, unless the expansion, enlargement, or relocation is necessary to allow reasonable use of the amateur radio equipment served by the antenna. In that event, a Minor Use Permit shall be obtained in compliance with Section 20.52.020 before an expansion, enlargement, or relocation. 2. Satellite dish antennas. Satellite dish antennas in existence prior to July 26, 1989 shall be considered legal and nonconforming. Nonconforming satellite dish antennas may be enlarged, expanded or relocated only if the satellite dish antennas are brought into compliance with this Section, unless the expansion, enlargement, or relocation is necessary to permit reasonable use of the satellite dish antennas. In that event, a Minor Use Permit shall be obtained in compliance with Section 20.52.020 before an expansion, enlargement or relocation. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses F. Permit and application requirements. Amateur radio antennas, structures and masts and satellite dish antennas that comply with the development standards in this Section are allowed as an accessory use in all zoning districts. 2. Amateur radio antennas, structures and masts and satellite dish antennas that do not comply with the development standards in this Section shall require a Minor Use Permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits). 3. The Zoning Administrator may waive or modify the development standards in this Section upon application for a Minor Use Permit. The Zoning Administrator shall issue a Minor Use Permit for an amateur radio antenna, structure, or mast, or a satellite dish antenna if the Zoning Administrator can make any of the following findings: a. Strict compliance with the development standards will result in unreasonable limitations on, or will prevent, reception or transmission of signals; b. The cost of strict compliance with the development standards would be excessive in light of the purchase and installation costs of the antenna; or C. Strict compliance with the development standards is not necessary to achieve the purposes of this Section. 20.48.200 — Senior Accessory Dwelling Units A. Purpose. The purpose of this Section is to: Establish procedures for the creation of granny units as defined in Part 7 (Definitions) and in California Government Code Section 65852.1, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. 2. Prohibit the development of second units, as defined in Part 7 (Definitions), on single family residential lots as provided for in Government Code Section 65852.2. B. Prohibitions. The creation of a second unit on all sites within the City where this Zoning Code and the General Plan allow only 1 dwelling unit is expressly prohibited. Nothing contained in this Section shall affect the creation of granny units under Government Code Section 65852.1 that are in compliance with the Municipal Code. C. Development standards. The following standards shall be met before the occupancy of the granny unit in compliance with this Section: Building height. Granny units shall comply with the maximum height limits in the zoning district in which they are located as provided in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 2. Setback requirements. Granny units shall comply with the setback requirements applicable to the zoning district in which they are located. 3. Minimum lot size. A minimum lot size of 5,450 square feet shall be required in order to establish a granny unit. 4. Minimum floor area. Each granny unit shall provide a minimum of 600 square feet of floor area and a maximum of 640 square feet of floor area as measured from within the surrounding perimeter walls of the unit. 5. Owner occupancy required. The principal dwelling unit or the granny unit shall be continuously occupied by at least 1 person having an ownership interest in the lot. D. Verification of Occupancy. Commencing with the final inspection of the granny unit by the Building Inspector and on an annual basis every year afterwards, the property owner shall submit to the Director the names and birth dates of any and all occupants of the granny unit to verify occupancy by a person or persons 60 years of age or older. Upon any change of tenants, the property owner shall notify the Director immediately. This information shall be submitted in writing and shall contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. E. Deed restriction and recordation required. After approval of a Minor Use Permit and before issuance of a Building and /or Grading Permit for a granny unit, the property owner shall record a deed restriction with the County Recorder's Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall state that under no circumstances shall the granny unit be rented to or otherwise occupied by any person or persons less than 60 years of age. The deed restriction document shall also contain all conditions of approval imposed by the review authority. This deed restriction shall remain in effect so long as the granny unit exists on the property. F. Termination of use. In the event that the property owner desires to terminate the use of the granny unit and remove the deed restriction, building permits shall be obtained that restore the property to a single dwelling unit as defined in Part 7 (Definitions). The Director shall review and approve the plans before the issuance of the building permits to ensure compliance with the intent of this Section and the definition. Upon completion of the final inspection by the Building Official, the Director shall cause the deed restriction to be removed from the property by the County Recorder. 20.48.210 — Service Stations This Section provides standards for the establishment and operation of new station operations and for the modification or expansion of existing service stations. A. Allowable uses and activities. Allowed uses and activities. The following uses may be allowed as accessory uses to a service station: a. Convenience markets. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses b. Automobile washing. d. Vehicle /equipment repair, limited. C. Electronic equipment installation. e. Vehicle rentals. f. Food service. 2. Prohibited uses and activities. The following uses shall be prohibited: a. The sale of merchandise from drive -up windows. b. Walk -in refrigeration units. C. Arcade and games machines. B. Location of activities. 1. Indoor (within enclosed structure). Activities and operations shall be conducted entirely within an enclosed structure, except for the following, which shall be allowed unless otherwise specified by the Conditional Use Permit: a. Sale and dispensing of motor vehicle fuel. b. Incidental, minor maintenance commonly conducted at service islands (e.g., dispensing of air and water; replacement of windshield wipers, fuses, and lamps; replenishing motor vehicle fluids and lubricants; etc.). C. Vending machines abutting a structure or in a kiosk enclosed on 3 sides. d. Vacuuming, hand - drying, and hand - waxing of vehicles. 2. Outdoor storage and display. Outdoor storage and display of merchandise, materials, or equipment shall be limited to the following: a. Display racks for automotive merchandise no more than 4 feet wide located at each service island. b. Display racks for automotive merchandise located within 3 feet of the principal structure, provided that the display racks are limited to 1 display rack per frontage. C. Temporary outdoor storage and display of merchandise, materials, or equipment for a maximum period of 72 hours per quarter of a calendar year. All other outdoor storage and display shall be in compliance with Section 20.48.140 (Outdoor Storage, Display, and Activities). C. Parking and vehicle storage. 1. Off - street parking shall be in compliance with Chapter 20.40 (Off- Street Parking). Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 2. Vehicles or equipment in the process of being serviced may be stored outside for a maximum period of 7 days. 3. The parking of vehicles and equipment for purposes of sale shall be prohibited. 4. The storage of rental vehicles shall not occupy a parking space provided to meet the parking requirements of the service station or any other accessory use. 5. Vehicles shall not be parked or stored within the public right -of -way. 6. Fuel delivery trucks shall not obstruct the public right -of -way during delivery. D. Security. The review authority may require the applicant to provide security personnel, a security program, and /or surveillance devices for the site. E. Alcoholic beverage sales. See Section 20.48.030 (Alcohol Sales). F. Food service. See Section 20.48.090 (Eating and Drinking Establishments). G. Location. Service station sites shall front on rights -of -way designated as major, primary, or secondary on the City Master Plan of Streets and Highways unless the sites are part of or in conjunction with developments in residential areas (i.e., shopping centers). H. Minimum land area. Each lot for a service station shall include 1,500 square feet of land area for each fueling space, 1,000 square feet for each service bay or washing bay, and 3.33 square feet for each square foot of gross floor area used for retail and /or food and beverage sales. Setbacks. The following setbacks shall be maintained: October 2010 Newport Beach Zoning Code, Title 20 Required Setback Feet Abutting Interior a Public Abutting Right -of- an Alley Structure Way Service islands 20 20 20 Canopies 5 5 5 Air and water 10 10 10 dispensers Automobile washing, maintenance and 18 30 30 repair Retail and office 0 15 10 October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses J. Access. 1. Driveways shall be designed and located to ensure safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb. Driveways shall be located and constructed in compliance with the City's Driveway Approach Policy. 2. Driveways for service stations that are developed as part of or in conjunction with adjacent uses shall be located as part of the total circulation element of the adjacent uses. 3. On -site driveways shall be a minimum width of 25 feet for two -way traffic or 18 feet for one -way traffic. 4. On -site queuing lanes shall be provided. Queuing lanes shall not interfere with access to required parking spaces. K. Utilities. Utilities shall be installed underground within the exterior property lines of the site. L. Drainage and pollution control. Drainage shall be by underground structures to avoid drainage across sidewalks or drive aprons. In addition, service stations shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the stormwater system. The Public Works Director shall approve drainage and pollution control methods, if appropriate. M. Site and architectural design. The site plan and architecture of the service station shall provide an attractive appearance that is compatible with and complimentary to the community and surrounding land uses and development and that is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. N. Landscaping. 1. Area required. A minimum of 15 percent of the service station site shall be landscaped with plant materials designed to provide beautification and screening. Planting areas shall include the following: a. A minimum 5 foot wide (inside dimension) planting area between driveway approaches. b. A minimum 150 square foot landscaped area at the intersection of 2 lot lines at a street corner. Landscape materials shall not exceed a height of Winches. C. A minimum 5 foot wide (inside dimension) planting area along the perimeter property lines, except where openings are needed to facilitate vehicular circulation to adjacent properties. d. A minimum of 30 percent of the required landscaping shall be provided within 20 feet of the public right -of -way lines. Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 2. Quantity of materials. Landscaped areas adjacent to public rights -of -way shall be planted with a minimum of 1 tree and 3 shrubs per every 25 linear feet of street frontage. Landscaped areas adjacent to interior lot lines shall be planted with a minimum of 1 tree and 3 shrubs per every 30 linear feet. These calculations establish the minimum number of required trees and shrubs and are not meant to imply linear or equal spacing. Required trees shall be 24 -inch box size, or larger. Required shrubs shall have a minimum mature growth height of 18 inches and shall be a minimum of 5- gallon in size upon installation. 3. Quality of materials. Plant materials shall be chosen for their screening qualities, beauty and durability. Plantings shall include a mixture of trees, shrubs and groundcovers. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. 4. Street trees. City parkway areas shall be provided with groundcover and street trees in compliance with City standards. 5. Barriers. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. 6. Irrigation. Planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. 7. Maintenance of landscaping. a. Landscape materials and landscaped areas shall be maintained in compliance with the approved landscape plan. b. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. C. Landscaped areas shall be kept free of weeds and debris. d. Irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 8. Sight distances. Landscaping shall be located so as not to impede vehicular sight distance in compliance with Section 20.30.130 (Traffic Safety Visibility Area) and to the satisfaction of the Public Works Director. 9. Required plans. The Director shall approve landscape planting and sprinkler irrigation plans and specifications before the issuance of a building permit, if appropriate. O. Perimeter walls. Service station sites shall be separated from abutting residentially zoned property or property used for residential purposes by 6 foot high masonry or concrete wall utilizing materials similar in color, module and texture to those utilized in the service station structure. The walls shall be reduced to 3 feet in height within setback areas adjacent to public rights -of -way. The walls need not be installed when building walls or other acceptable walls already exist on the lot lines. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses P. Lighting. Exterior light sources shall be shielded from view and directed away from adjacent properties in compliance with Section 20.30.070 (Outdoor Lighting). Luminaries shall be of a low - level, indirect diffused type and shall not exceed a height of 20 feet above existing grade. Q. Rest rooms. One men's rest room and one women's rest room shall be provided during business hours for use by service station customers. Rest rooms with exterior entrances shall be located so the entrances are in clear view of the station's service area, cashier station, or office. R. Refuse storage areas. Refuse storage areas shall be enclosed by walls and integrated with the design of the service station in compliance with Section 20.30.120 (Solid Waste Recycling and Storage). S. Fuel tank vents. Fuel tank vents shall be located at the rear of the property or other inconspicuous location and shall be screened from public view T. Permit and review procedures. 7. Conditional Use Permit required. A Conditional Use Permit shall be required for a new service station and for an existing service station when one or more of the following events occurs: a. An expansion of 50 percent or more within a 10 year period. b. Any change in the land area on which the service station is located, whether by purchase, lease, business combination or acquisition, or similar method. C. A renovation or any other development that would cost more than 50 percent of the value of the improvements on the lot at the time of renovation, excluding land value. d. The introduction of any of the accessory uses allowed under Subsection A (Allowable uses and activities); the introduction of alcoholic beverage sales (see Section 20.48.030 (Alcohol Sales — Off Sale); or any similar change in operational characteristics. 2. Modification or waiver of standards. The review authority may modify or waive any of the design and development standards in this Section upon finding that: a. The strict compliance with the standards is not necessary to achieve the purpose and intent of this Section. b. The project possesses compensating design and development features that offset impacts associated with the modification or waiver of standards. C. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. �Newport Beach Zoning Code, Title 20 October 2010 Standards for Specific Land Uses 20.48 3. Distribution of permit copy. The applicant shall provide the fuel supplier, the property owner, and /or the lessee each with a copy of the Conditional Use Permit and shall obtain a written receipt from each to ensure that every person operating the premises is aware of the conditions of operation. 20.48.220 — Time Share Facilities This Section provides regulations for time share developments. A. Development standards. Property development standards. A time -share project shall comply with the standards for the zoning district in which it is located. 2. Conversion of existing dwelling units prohibited. The conversion of existing residential dwelling units into time -share units shall be prohibited. 3. Minimum number of units. Each time -share project shall have a minimum of 100 time -share units. Time -share projects consisting of less than 100 units, but developed or converted in conjunction with a resort hotel complex of 300 or more units shall be considered to be in compliance with this requirement. B. Required amenities. Time -share projects shall be developed with substantial recreational amenities (e.g., golf courses, tennis courts, swimming pools, etc.). C. Permit and review requirements. Plan submittals. In addition to the application requirements in Section 20.52.020 (Conditional Use Permit and Minor Use Permits), an application for a time share project shall include the following documents: a. A Sales Plan shall address the times, areas and methods that will be used to sell the time share project. Factors to be defined in the plan shall include the location, length, and marketing methods that will be used, distinguishing on site and off site marketing and signage; and an estimate of the potential numbers of individuals and automobiles expected during various stages of the sales effort. The plan also shall describe measures that will be implemented to reduce traffic during peak hours. b. An Operating Plan shall address the terms of the timeshare resort ownership interests, the types of private unit and common amenities, and the general financing, maintenance, and management arrangements of the resort that benefit the unit owners. C. A Management Plan shall describe the methods employed by the applicant to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of a time share project. d. A Contingency Plan shall address the actions to be taken by the applicant if the time share project is an economic failure or fails to sell 50 percent of the time share estates or uses within 2 years of receiving a permit to occupy the first unit. October 2010 Newport Beach Zoning Code, Title 20 20.48 Standards for Specific Land Uses 2. Development Agreement. The City and the time -share project operator shall enter into a development agreement in compliance with Municipal Code Chapter 15.45 (Development Agreements). 3. Modification or waiver. The review authority may modify or waive any of the standards contained in this Section if strict compliance with the standards is determined to be unnecessary to achieve the purpose and intent of this Section. Newport Beach Zoning Code, Title 20 October 2010 Part 5 Planning Permit Procedures Table of Contents Chapter 20.50 — Permit Application Filing and Processing ..................... ............................5 -3 20.50.010 — Purpose .................................................................................. ............................5 -3 20.50.020 — Authority for Land Use and Zoning Decisions ........................ ............................5 -3 20.50.030 — Multiple Permit Applications ................................................... ............................5 -3 20.50.040 — Application Preparation and Filing ................................... .................................. 5 -5 20.50.050 — Application Fees .................................................................... ............................5 -5 20.50.060 — Initial Application Review .................................. ................................................. 5 -6 20.50.070 — Project Evaluation and Staff Reports ..................................... ............................5 -7 20.50.080 — Environmental Review ........................................................... ............................5 -7 Chapter 20.52 — Permit Review Procedures .............................................. ............................5 -9 20.52.010 -39 — Purpose .................................................................................. ............................5 -9 20.52.020 -39 — Conditional Use Permits and Minor Use Permits ................... ............................5 -9 20.52.030 5 -39 — Conditional Use Permits in Residential Zoning Districts ....... ...........................5 -11 20.52.040 -40 — Limited Term Permits ............................................................ ...........................5 -16 20.52.050 -43 — Modification Permits .............................................................. ...........................5 -21 20.52.060 — Planned Development Permits .............................................. ...........................5 -24 20.52.070 — Reasonable Accommodations .............................................. ...........................5 -26 20.52.080 — Site Development Reviews ................................................... ...........................5 -31 20.52.090 — Variances .............................................................................. ...........................5 -35 20.52.100 — Zoning Clearances ................................................................ ...........................5 -37 Chapter 20.54— Permit Implementation, Time Limits, and Extensions . ...........................5 -39 20.54.010 — Purpose ................................................................................. ...........................5 -39 20.54.020 — Use of Property ..................................................................... ...........................5 -39 20.54.030 — Effective Date of Permits ....................................................... ...........................5 -39 20.54.040 — Applications Deemed Approved ............................................... ........................ 5 -39 20.54.050 — Performance Guarantees ...................................................... ...........................5 -40 20.54.060 — Time Limits and Extensions .................................................. ...........................5 -40 20.54.070 — Changes to an Approved Project .......................................... ...........................5 -42 20.54.080 — Resubmittals ......................................................................... ...........................5 -43 20.54.090 — Covenants ............................................................................. ...........................5 -43 Chapter 20.56 — Planned Community District Procedures ...................... ...........................5 -45 20.56.010 — Purpose ................................................................................. ...........................5 -45 20.56.020 —Area Requirements ............................................................... ...........................5 -45 20.56.030 — PC District - Land Use Regulations ....................................... ...........................5 -46 20.56.040 — PC District - Property Development Regulations .................. ...........................5 -46 20.56.050 — Application Procedures .................... ................................................................ 5 -46 20.56.060— Zoning Map Designator ......................................................... ...........................5 -49 Chapter 20.58 — Specific Plan Procedures ............................................... ...........................5 -51 October 2010 Newport Beach Zoning Code, Title 20 Part 5 — Plannina Permit Procedures 20.58.010 — Purpose. ........................................................................................................... 5-51 20.58.020 — Intent ..................................................................................... ...........................5 -51 20.58.030 — Applicability ........................................................................... ...........................5 -51 20.58.040 — Initiation and Presubmittal of Specific Plans ......................... ...........................5 -52 20.58.050 — Application Filing and Initial Review ...................................... ...........................5 -52 20.58.060 — Preparation and Content ....................................................... ...........................5 -53 20.58.070 —Application Processing .......................................................... ...........................5 -53 20.58.080 —Adoption of Specific Plan ...................................................... ...........................5 -54 20.58.090 — Amendments ......................................................................... ...........................5 -54 Tables Table 5 -1 Review Authority ............. .................................................................................. 5 -4 Table 5 -2 Review Authority for Site Development Reviews .................. ...........................5 -33 Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.50 — Permit Application Filing and Processing Section: 20.50.010 — Purpose 20.50.020 — Authority for Land Use and Zoning Decisions 20.50.030 — Multiple Permit Applications 20.50.040 — Application Preparation and Filing 20.50.050 — Application Fees 20.50.060 — Initial Application Review 20.50.070 — Project Evaluation and Staff Reports 20.50.080 — Environmental Review 20.50.010 — Purpose This Chapter provides procedures and requirements for the preparation, filing, and processing of permit applications required by this Zoning Code. 20.50.020 — Authority for Land Use and Zoning Decisions Table 5 -1 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code. 20.50.030 — Multiple Permit Applications A. Concurrent filing. Any applicant for a project requiring more than one permit application (e.g., Conditional Use Permit, Site Development Review, Tentative Map, etc.), shall file all related applications concurrently, with all appropriate application fees required by Section 20.50.050 (Application Fees). B. Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved, modified, or denied by the highest review authority designated by this Zoning Code for any of the applications. October 2010 Newport Beach Zoning Code, Title 20 20.50 Permit Application Filing and Processi Type of Action TABLE 5 -1 REVIEW AUTHORITY Applicable Code Director Chapter/ Administrative and Le islative Role of Review Authority (1) Zoning Hearing Commission Council Administrator I Officer 1 (2) Interpretations 20.12.020 Determination (3) Decision (3) Appeal Appeal Planned Communities 20.56 Recommend Decision Specific Plans 20.58 Decision (4) Recommend Decision Zoning Code Amendments 20.66 Recommend Decision Zoning Map Amendments 20.66 Recommend Decision Permits and Approvals Comprehensive Sign Program Decision (3) Appeal Conditional Use Permits 20.52.020 Decision Appeal Conditional Use Permits — Residential Zones HO 20.52.030 Decision (4) Appeal (4) Heritage Sign Decision Appeal Innovative Sign Program Decision Appeal Limited Term Permits 20.52.040 Decision (3) Appeal Appeal Minor Use Permits 20.52.020 Decision (3) Appeal Appeal Modification Permits 20.52.050 Decision (3) Appeal Appeal Planned Development Permits 20.52.060 Decision Appeal Reasonable Accommodations 20.52.070 Decision (4) Appeal Appeal (4) Sign Permits 20.42 Determination (3) Appeal Site Development Reviews (See Table 5 -2 [Review Authority for Site Development Reviews].) 20.52.080 Decision (3) Decision Appeal Variances 20.52.090 Decision Appeal Zoning Clearances 20.52.100 Determination (3) Appeal Appeal Notes: (1) 'Recommend" means that the Commission makes a recommendation to the Council; "Determination' and "Decision" means that the review authority makes the final determination or decision on the matter; "Appear' means that the review authority may consider and decide upon appeals to the decision of a previous decision making body, in compliance with Chapter 20.64 (Appeals). (2) The Council is the final review authority for all applications in the City. (3) The Director or Zoning Administrator may defer action and refer the request to the Commission for consideration and final action. (4) The standard of review for appeal of any Hearing Officer decision shall be substantial evidence and not de novo. Newport Beach Zoning Code, Title 20 October 2010 Permit ADDlication Filina and Processina 20.50 20.50.040 — Application Preparation and Filing A. Pre - application conference. Any applicant is strongly encouraged to request a pre - application conference with the Department before completing and filing a permit application. 2. The purpose of this pre - application conference is to: a. Inform the applicant of City requirements as they apply to the proposed project; b. Review the City's review process, possible project alternatives or revisions; and C. Identify information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project. 3. Neither the pre - application review nor the provision of information and /or pertinent policies shall be construed as either a recommendation for approval or denial of the permit application by any City staff. Failure by City staff to identify any required studies or any applicable requirements shall not constitute a waiver of those studies or requirements. B. Application contents. Each permit application required by this Zoning Code shall be filed with the Department on the appropriate City application form, together with all required fees and /or deposits and all other information and materials specified by the Director for the specific type of application. C. Eligibility for filing. An application may only be filed by the owner of the subject property or authorized agent of the owner with the written consent of the property owner. The application shall be signed by the owner of record or by an authorized agent, if written authorization from the owner of record is filed concurrently with the application. D. Rejection of application. If the Director determines that an application cannot lawfully be approved by the City, the Director shall not accept the application for processing. 20.50.050 — Application Fees A. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the City's Fee Schedule adopted by resolution. B. Timing of payment. Applications shall not be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid. Failure to timely pay supplemental requests for payment of required fees and /or deposits shall be a basis for suspension of processing or issuance of any permit. C. Refunds and withdrawals. Application fees cover City costs for public hearings, mailings, staff time and the other activities involved in processing applications. No refund for an application that is denied shall be allowed. In the case of a withdrawal by October 2010 Newport Beach Zoning Code, Title 20 20.50 Permit Application Filing and Processi the applicant, the Director shall have the discretion to authorize a partial refund based upon the pro -rated costs to date and the status of the application at the time of withdrawal. 20.50.060 — Initial Application Review A. Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete. The determination of completeness shall be based on the City's applicable list of required application contents and any additional written instructions provided to the applicant in any pre - application conference, and /or during the initial application review period. 1. Notification of applicant or authorized agent. Within 30 calendar days of application filing, the applicant or authorized agent shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional specified information shall be provided before the application is deemed complete. 2. Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and /or that any additional information requested by the Director is not required, the applicant may appeal the determination to the appropriate review authority in compliance with Chapter 20.64 (Appeals). 3. Additional information. a. When the Director determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. b. The time available to an applicant for submittal of additional information is limited by Subparagraph A. 4, below. C. The additional specified information shall be submitted in writing. d. The Director's review of any information resubmitted by the applicant shall be accomplished in compliance with Subparagraph A. 1, above, along with another 30 -day period of review for completeness. 4. Expiration of application. a. If an applicant fails to provide any additional information requested by the Director within 60 days following the date the application was deemed incomplete, the application shall be deemed withdrawn without any further action by the City. b. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees. Newport Beach Zoning Code, Title 20 October 2010 Permit ADDlication Filina and Submittal of additional information. During the course of the review process, the review authority may require the applicant to submit additional information or revised plans. b. The Director shall notify the applicant in writing of any revisions or additional information required and the applicant shall submit the requested information to the Department within 30 days after the date of the notice or within the period of time designated by the review authority. C. Failure to submit the required information within the 30 -day period or within the period of time designated by the review authority may be cause for denial. 6. Additional environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA), the City's CEQA guidelines, and Section 20.50.080 (Environmental Review), below. B. Referral of application. At the discretion of the Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project for their review and comment. 20.50.070 — Project Evaluation and Staff Reports A. Director evaluation. The Director shall review all applications to determine whether they comply and are consistent with the provisions of this Zoning Code, the General Plan, and other applicable provisions identified in Section 20.10.040 (Applicability of Zoning Code). B. Staff report. The Department shall provide a written recommendation for discretionary applications to the applicable review authority recommending that the application be approved, conditionally approved, or denied. C. Staff report to include findings. Whenever this Zoning Code requires a set of findings to be made before granting approval of an application by the applicable review authority, it shall be the responsibility of the Department to present all relevant facts to support the findings. D. Report distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the review authority before the review authority's action on the application. 20.50.080 — Environmental Review A. CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether: The project is not a project as defined by CEQA; October 2010 Newport Beach Zoning Code, Title 20 20.50 Permit Application Filina and Processi 2. The project is exempt from the requirements of CEQA; 3. A Negative Declaration may be issued; 4. A Mitigated Negative Declaration may be issued; or 5. An Environmental Impact Report (EIR) shall be required. B. Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and applicable Council policies. Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.52 — Permit Review Procedures Sections: 20.52.010 — Purpose 20.52.020 — Conditional Use Permits and Minor Use Permits 20.52.030 — Conditional Use Permits in Residential Zoning Districts 20.52.040 — Limited Term Permits 20.52.050 — Modification Permits 20.52.060 — Planned Development Permits 20.52.070 — Reasonable Accommodations 20.52.080 — Site Development Reviews 20.52.090 — Variances 20.52.100 —Zoning Clearances 20.52.010 — Purpose A. Permit review procedures. This Chapter provides procedures for the review and approval or denial of permit(s) and other applications established by this Zoning Code. B. Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Title 19 (Subdivisions). C. Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Chapter 20.50 (Permit Application Filing and Processing) for each application. 20.52.020 — Conditional Use Permits and Minor Use Permits A. Purpose. A Conditional Use Permit or Minor Use Permit provides a process for reviewing uses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. B. Applicability. A Conditional Use Permit or a Minor Use Permit is required to allow certain uses in residential and nonresidential zoning districts identified by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). Also see Section 20.52.030 for Conditional Use Permits in residential zoning districts. C. Review authority and related procedures. 1. Conditional Use Permits. Conditional Use Permits shall be approved, conditionally approved, or denied by the Commission or by the Hearing Officer as provided in Table 5 -1. October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures 2. Minor Use Permits. Minor Use Permits shall be approved, conditionally approved, or denied by the Zoning Administrator. The Zoning Administrator may elect to refer any Minor Use Permit application to the Commission for consideration and final action. D. Application filing, processing, and review. An application for a Conditional Use Permit, or Minor Use Permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City's Fee Schedule adopted by resolution.. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision), below. E. Project review and notice and hearing requirements. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. 1. Conditional Use Permits. The Commission or Hearing Officer shall conduct a public hearing on an application for a Conditional Use Permit before a decision on the application. 2. Minor Use Permits. The Zoning Administrator shall conduct a public hearing on an application for a Minor Use Permit before a decision on the application. 3. Notice and hearing requirements. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings). F. Findings and decision. The review authority may approve or conditionally approve a Conditional Use Permit or Minor Use Permit only after first finding all of the following: The use is consistent with the General Plan and any applicable specific plan; The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. G. Post decision procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a Conditional Use Permit or Minor Use Permit application. Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52.030 — Conditional Use Permits in Residential Zoning Districts A. Purpose. The purpose of this Section is as follows: 20.52 To promote the public health, safety, and welfare and to implement the goals and policies of the General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of the neighborhoods as primarily residential communities. 2. To protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so, the City seeks to avoid the overconcentration of residential care facilities so that these facilities are reasonably dispersed throughout the community and are not congregated or overconcentrated in any particular area so as to institutionalize that area. B. Applicability. A Conditional Use Permit is required to authorize uses identified by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) as being allowable in the applicable residential zoning district or in an area where residential uses are provided for in Planned Community Districts or specific plan districts subject to the approval of a Conditional Use Permit. C. Conditional Use Permits to continue a nonconforming use. Any person whose use of property in a residential zoning district has been rendered nonconforming may seek the issuance of a Conditional Use Permit, in compliance with this Section, to continue the use so long as the application for that permit is completed and filed within 90 days following May 21, 2008. 2. If any person fails to file an application for a Conditional Use Permit within the 90- day period, the permit to continue the use may not be sought or issued. D. Application contents. In addition to the application requirements contained in Chapter 20.50 (Permit Application Filing and Processing), an application for a Conditional Use Permit for a site located in a residential zone, or in an area where residential uses are provided for in Planned Community Districts, or specific plan districts, shall contain all of the following information as applicable: 1. Applicant information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased and is someone other than the applicant; and the name and address of the owner of the property for which a Conditional Use Permit is requested. If the applicant and /or lessee or owner is an association, corporation, firm, or partnership, then the applicant/ lessee shall provide the additional names and addresses as follows and the persons shall also sign the application: a. Every general partner of the partnership; b. Every owner with a controlling interest in the corporation; or October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures C. The person designated by the officers of a corporation as identified in a resolution of the corporation that is to be designated as the permit holder for the Conditional Use Permit. 2. Characteristics of proposed use. Type of use, hours of operation, types of services provided onsite, types of activities held on site, and typical attendance at activities held onsite. 3. Anticipated users. Number and types of users anticipated for the proposed use (including clients, staff, guests, visitors, etc., as appropriate). 4. List of similar uses operated by applicant in the State of California. A list of addresses of all operations within the State of California similar to that for which a Conditional Use Permit or Minor Use Permit is requested that have been owned or operated by the applicant(s) within the past five years including a statement from the applicant as to whether any of the uses have been found to be operated in violation of federal, State, or local law by federal, State or local authorities. 5. List of similar uses within City. A list of other uses of the same type located in the City and the authorized capacity of the use. The applicant shall provide evidence of the need for the proposed use by the residents of the City. The City may complete an independent review of this data, at the applicant's expense, to determine whether need for the use is supported by the evidence. 6. License and permit history. The license and permit history of the applicant(s), if any, including whether the applicant(s), in previously operating a similar use in this or another City, county, or state under license and /or permit has had the license and /or permit revoked or suspended, and the reason(s) for the revocation or suspension. Location map. A location map showing all conditional uses located within three blocks of the subject site, including property addresses and a site plan showing uses and structures on adjacent parcels. 8. Operations and management plan. An operations and management plan to ensure compliance with State and local law. If the Conditional Use Permit is for a residential facility or a commercial use that accommodates overnight stays, the operations and management plan shall also indicate the number of persons in each bedroom, maximum number of occupants, typical length of stay, any guest or client rules of conduct, and procedures for the disposal, if any, of medical waste. 9. Transportation and parking. Number and location of onsite parking spaces; expected parking demand and vehicular use; availability of public transportation or other means to transport clients, staff, guests, and /or visitors to and from the use; and routes utilized to transport clients, staff, guests, and /or visitors to and from the use. Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 E. Project review and notice and hearing requirements. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. 1. Public hearing required. A public hearing shall be conducted prior to any decision on an application for a Conditional Use Permit. 2. Notice and hearing requirements. Notice of the public hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings). F. Approval, modification, or revocation of Conditional Use Permit. 1. The review authority identified in Table 5 -1 (Section 20.50.020) is designated to approve, conditionally approve, or deny applications for Conditional Use Permits in residential zoning districts and the modification or revocation thereof, in compliance with the procedures provided in this Section. 2. Decisions of the review authority may be appealed to the Council in compliance with Chapter 20.64 (Appeals). Review for an appeal from a decision of the Commission shall be de novo. On an appeal from a decision of the Hearing Officer the Council shall determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentiary hearing. On review the Council may sustain, reverse, or modify the decision of the Commission or Hearing Officer or remand the matter for further consideration, which remand shall include either specific issues to be considered or a direction for a de novo hearing. G. Development and operational standards. The following standards are applicable to uses granted a Conditional Use Permit in compliance with this Section. 1. Management and operation plan. The use shall be operated in compliance with applicable State and local law and in compliance with the management and operating plan and rules of conduct submitted as part of the application for a Conditional Use Permit or as identified in the conditions of approval for a Conditional Use Permit. Each plan shall provide a phone number by which the operator may be contacted at all times. If applicable, the permittee shall comply with the Business License provisions of Municipal Code Title 5. 2. Operational standards. These standards are in addition to any other standards provided for specific uses in this Zoning Code. In order to ensure that conditional uses in residential zoning districts are operating in a manner that is consistent with federal, State, and local law and established industry standards and to ensure that operators do not have a pattern or practice of operating similar uses in violation of federal, State, or local law, all of the standards listed below shall apply: a. If the facility is not licensed by the State, managers, operators, owners, clients, visitors, and residents shall not provide any services onsite that would require licensure of the facility in compliance with State law. October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures b. For uses that allow overnight stays, there shall be no more than two residents, guests, or clients in each bedroom plus one additional resident, guest, or client. The review authority, at his /her discretion, may approve additional occupancy upon request by the applicant and based upon evidence that additional occupancy is warranted and appropriate. In determining whether to allow a different occupancy limit, the review authority shall consider the characteristics of the structure, whether there will be an impact on traffic and parking, and whether the public comfort, health, peace, safety, or welfare of persons residing in the facility or adjacent to the facility will be impacted. C. The names of all persons and entities with an ownership or leasehold interest in the use, or who will participate in operation of the use, shall be disclosed in writing to the City, and these persons and entities shall not have a demonstrated pattern or practice of operating similar facilities in or out of the City of Newport Beach in violation of federal, State, or local law. d. The operator of the proposed use shall provide a list of the names and addresses of all similar uses located in the State of California owned or operated by the operator within the past five years and shall certify under penalty of perjury that none of these uses have been found by State or local authorities to be operating in violation of federal, State, or local law. The Director shall verify this information. 3. Smoking. Clients, guests, visitors, staff, or any other users of the use shall not smoke in an area from which the second hand smoke may be detected on any parcel other than the parcel upon which the use is located. H. Findings and decision. In addition to the findings required by Subsection 20.52.020 F (Findings and decision), prior to approving or conditionally approving an application for a Conditional Use Permit in a residential zone or in an area where residential uses are provided for in Planned Community Districts or specific plan districts the review authority shall find: 1. The use conforms to all applicable provisions of Subsection G. (Development and operational standards), above; 2. The project complies with the requirements for off - street parking as provided in Chapter 20.40 (Off- Street Parking) and traffic and transportation impacts have been mitigated to a level of insignificance; 3. The property and existing structures are physically suited to accommodate the use; 4. The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood (e.g., creating an overconcentration of residential care or bed and breakfast uses in the vicinity of the proposed use). In making this finding or sustaining the finding, the Hearing Officer and /or Council shall consider, as appropriate, all of the following factors: Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 a. The proximity of the use location to parks, schools, other conditionally permitted uses of the same or similar type, outlets for alcoholic beverages, and any other uses that could be affected by or affect the operation of the subject use; b. The existence of substandard physical characteristics of the area in which the use is located (e.g., limited available parking, lot widths, narrow streets, setbacks, short blocks), and other substandard characteristics that are pervasive in certain areas of the City of Newport Beach, including portions of Balboa Island, Balboa Peninsula, Corona Del Mar, Lido Isle, Newport Heights, and West Newport, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Commission on September 20, 2007 and on file with the Director; and C. In the case of residential care uses, whether, in light of the factors applied in Subparagraphs H. 4. a. and H. 4. b., above, it would be appropriate to apply the American Planning Association standard of allowing only one or two residential care uses in each block. (1) Median block lengths in different areas of Newport Beach widely range from 300 feet in the Nonstandard Subdivision Areas to as much as 1,422 feet in standard subdivision areas. (2) The average calculable block length in much of the standard subdivision areas is 711 feet and the calculable median block length is 617 feet. (3) The review authority shall apply the American Planning Association standard in all areas of Newport Beach in a manner that eliminates the differences in block lengths. (4) In making this determination, the review authority shall be guided by average or median block lengths in standard subdivisions of the City. (5) The review authority shall retain the discretion to apply any degree of separation of uses that the Hearing Officer deems appropriate in any given case. (6) A copy of the American Planning Association standard is on file with the Director. 5. The operation of buses, vans, and other vehicles used to transport residents, clients, visitors, guests, and /or staff to and from off -site activities or parking areas does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area; 6. Arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties; and October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures 7. Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. I. Post decision procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a Conditional Use Permit application. 20.52.040 — Limited Term Permits A. Purpose. The purpose of this Section is to consider applicant requests for uses of limited duration (e.g., interim, non - permanent, and /or seasonal in nature) that would be compatible with adjacent and surrounding uses when conducted in compliance with this Section. B. Applicability. 1. Limited duration uses. A Limited Term Permit allows limited duration uses that might not meet the development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary or limited nature. 2. Limited Term Permit required. Limited duration uses shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid Limited Term Permit in compliance with this Section. C. Exempt limited duration uses. The following limited duration uses are exempt from the requirement for a Limited Term Permit. Uses that do not fall within the categories defined below shall comply with Subsection D. (Allowed limited duration uses), below. 1. Construction yards - on -site. a. On -site contractors' construction yard(s), including temporary storage and office trailers, in conjunction with an approved construction project on the same lot. b. One adult caretaker may be present during non - construction hours for security purposes. C. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit. 2. Emergency facilities. Emergency public health and safety needs /land use activities, as determined by the Council or authorized by Municipal Code Title 5. 3. Personal property (e.g., garage and /or yard) sales on private property. Personal property sales conducted on private property when conducted in compliance with Section 20.48.150 (Personal Property Sales in Residential Districts). Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 4. Special events. Special events, as that term may be defined in Municipal Code Section 11.03.020 (General Provisions), but only upon the issuance of a Special Event Permit. D. Allowed limited duration uses. The following limited duration uses are allowed, subject to the issuance of a Limited Term Permit, and only when conducted in compliance with Subsection H. (Conditions of approval), below. 1. Contractors' construction yards - off -site. Off -site contractors' construction yard(s), in conjunction with an approved construction project. The permit may be effective for up to 12 months, or the expiration of the Building Permit. 2. Off -site parking for marine activities. Off -site parking for uses requiring a Marine Activities Permit in compliance with Municipal Code Chapter 17.10 for the duration of the permit or for not more than 12 months, whichever is less. 3. Seasonal sales. Seasonal sales including holiday boutiques, Halloween pumpkin sales and Christmas tree sale lots only by businesses holding a valid Business License; provided, the activity may only be held from October 1st through October 31", of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26`h for Christmas tree sales. 4. Limited duration sales and /or work trailers. A trailer or mobile home may be used for limited duration sales activities (e.g., model home sales, etc.) or as a limited duration work site for employees of a business. a. A trailer or mobile home may be used: (1) During construction or remodeling of a permanent commercial, industrial, and mixed -use structure, when a valid Building Permit is in force; or (2) Upon demonstration by the applicant that the limited duration work site is a necessity, while a permanent work site is being obtained. b. A permit for limited duration trailer(s) may be granted for up to 12 months and may be extended for a longer period in conjunction with a valid Building Permit. 5. Limited duration structures. A limited duration classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months in the commercial, industrial, and mixed - use zoning districts. 6. Limited duration use of a vacant lot. The limited duration use of a vacant lot with non - permanent structural improvements, for a use typically allowed subject to the approval of a Conditional Use Permit or Minor Use Permit, may be approved for a maximum time period of 12 months in the commercial, industrial, and mixed -use zoning districts. October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures 7. Other similar limited duration uses. Similar limited duration uses that, in the opinion of the Director, are compatible with the subject zoning district and surrounding uses. E. Application filing, processing, and review. 1. Filing. An application for a Limited Term Permit shall be filed with the Department in the following manner: a. Application required. Applications for a Limited Term Permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). b. Application before operation. A complete application shall be filed with the Department at least 30 days before the date that the proposed limited duration use is scheduled to take place. C. No similar activities for 30 days. The same or very similar limited duration use shall not be allowed to operate on the same lot for at least 30 days following termination of the previous use. d. Not within 180 days. Applications shall not be filed or accepted if final action has been taken within the previous 180 days by the Zoning Administrator to deny an application for the same or substantially the same permit. 2. Contents. The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City's Fee Schedule adopted by resolution. 3. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection G. (Findings and decision), below. 4. Project review procedures. Following receipt of a completed application, the Director shall review the facts bearing on the case to provide the information necessary for action consistent with the purpose of this Section. 5. Public hearing requirements. a. Up to 90 days. (1) A public hearing shall not be required for a Limited Term Permit application for a limited duration use that is proposed to operate for up to 90 days. (2) However, the Director may, based on the specifics of the case, determine that a public hearing be required before a decision on an application. If required, the notice shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures b. 90 days or more. 20.52 (1) A public hearing shall be required for a Limited Term Permit application for a limited duration use that is proposed to operate for 90 days or more. (2) Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). F. Review authority. Limited Term Permits may be approved, conditionally approved, or denied by the Zoning Administrator, in compliance with this Section. 2. The Zoning Administrator may instead refer the application for a Limited Term Permit to the Commission for consideration and final action when, in the Zoning Administrator's judgment, there may be public interest, controversy, or issues requiring a public forum due to the nature of the request. 3. f referred to the Commission, the Commission shall conduct a public hearing on the application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). G. Findings and decision. The Zoning Administrator (or the Commission on a referral or appeal) may approve or conditionally approve a Limited Term Permit application, only after first finding all of the following: The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use; 2. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; 3. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate; 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on -site or at alternate locations acceptable to the Zoning Administrator; and 5. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, Municipal Code, and other City regulations. October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures H. Conditions of approval. In approving a Limited Term Permit application, the review authority may impose conditions that are deemed necessary to ensure that the permit would be in full compliance with the findings required by Subsection G. (Findings and decision), above. These conditions may address any pertinent factors affecting the operation of the limited duration use, and may include the following: Fixed period of time. Unless otherwise stated in the permit, a provision for a fixed period of time not to exceed 30 days for a limited duration use not occupying a structure, including promotional activities, or 12 months for all other limited duration uses or structures, or for a shorter period of time as requested by the applicant and determined appropriate by the Zoning Administrator; Operating hours and days. Regulation of operating hours and days; Temporary pedestrian and vehicular circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable; 4. Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent lots, dirt, dust, erosion, gases, heat, noise, odors, smoke, soil contamination, trash, and vibration; Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; 6. Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate; Waste collection, recycling, and /or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and /or disposal; Police /security and safety measures. Provision for police /security and safety measures, as appropriate; 9. Signs. Regulation of signs in compliance with Chapter 20.42 (Sign Standards); 10. Performance bond or other security. Submission of a performance bond or other security measures, satisfactory to the Director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the cessation of the use and that the property would be restored to its former condition, or better, as determined by the Director, to ensure that any changes to the site would not limit the range of possible future uses otherwise allowed by this Zoning Code; 11. Compliance with applicable provisions. A requirement that the approval of the requested Limited Term Permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of all required permits from any other department or governing agency; and Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 12. Other conditions. Other conditions that would ensure the operation of the limited duration use in an orderly and efficient manner, and in full compliance with the purpose of this Section. I. Condition of site following limited duration use. Each site occupied by a limited duration use shall be cleaned of debris, litter, or any other evidence of the limited duration use upon completion or removal of the use, and shall continue to be used in compliance with this Zoning Code. J. Extension of Limited Term Permit. The Zoning Administrator may extend the time limit for the Limited Term Permit, upon request of the applicant and for good cause shown, up to a maximum time equal to the original approval, but not to exceed 12 additional months, with a maximum of 24 months total, in compliance with Section 20.54.060 (Time Limits and Extensions). K. Post decision procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a Limited Term Permit application. 20.52.050 — Modification Permits A. Purpose. The purpose of this Section is to provide relief from specified development standards of this Zoning Code when so doing is consistent with the purposes of this Code and the General Plan, and does not negatively impact the community at large or in the neighborhood of the specified development. B. Review authority and allowable modifications. The Zoning Administrator shall approve, conditionally approve, or deny applications for Modification Permits applicable only to the following, subject to the findings indentified in Subsection E. (Required findings), below: 1. Height modifications from exceptions identified in Part 3 (Site Planning and Development Standards). The following modifications are limited to not more than a 10 percent deviation from the standard being modified. a. Chimneys, rooftop architectural features, and vents in excess of the exception to the allowed height limits identified in Part 3 (Site Planning and Development Standards); b. Flag poles in excess of the exception to the allowed height limits; and C. Heights of fences, hedges, or walls (except retaining walls). 2. Setback modifications. The following modifications are limited to not more than a 10 percent deviation from the standard being modified. a. Encroachments in front, side, or rear setback areas while still maintaining the minimum clearances required by Section 20.30.110 (Setback Regulations and Exceptions). Exceptions include the following: October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures (1) Modifications shall not be allowed for encroachments into alley setbacks; and (2) Modifications shall not be allowed for encroachments into bluff and canyon setback areas. b. Structural appurtenances or projections that encroach into front, side, or rear setback areas. 3. Other modifications. The following modifications are not limited in the amount of deviation from the standard being modified. a. Distances between structures located on the same lot; b. Landscaping standards in compliance with Chapter 20.36 (Landscaping Standards); C. Maximum allowed roof area for roof mounted equipment that exceeds the allowed height limits identified in Part 3 (Site Planning and Development Standards); d. Size or location of parking spaces, access to parking spaces, and landscaping within parking areas; e. Increase in allowed floor area of additions for uses that have nonconforming parking; f. Increase in allowed height, number, and area of signs; and g. Increase in the allowed height of retaining walls. C. Application filing and fees. An application for a Modification Permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include the information and materials specified by the Director, together with the required fee in compliance with the City's Fee Schedule adopted by resolution. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection E. (Required findings), below. D. Notice and hearing requirements. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). E. Required findings. The Zoning Administrator may approve or conditionally approve a Modification Permit if, on the basis of the application, materials, plans, and testimony (orally and /or in writing) submitted, the Zoning Administrator first finds all of the following: 1. The requested modification will be compatible with existing development in the neighborhood; 2. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or characteristics of the use; Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 3. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code; 4. There are no alternatives to the Modification Permit, that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; and 5. The granting of the modification would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. F. Duties of the Zoning Administrator. 1. Review. a. The Zoning Administrator shall review each application to ensure that the proposal is consistent with the purpose and intent of this Zoning Code, this Section, all applicable regulations and policies, and sound planning practices. b. The Zoning Administrator shall refer each application to the Building Department and Public Works Department, and to other City departments as determined to be appropriate by the Zoning Administrator. C. Each department shall submit written recommendations to the Zoning Administrator in a timely manner. 2. Rendering of decision. After the conclusion of the hearing on an application for a Modification Permit, the Zoning Administrator shall render a written decision within 15 days, unless both the applicant and the Zoning Administrator consent to a later date. 3. Referral to Commission. a. The Zoning Administrator may refer a Modification Permit application to the Commission for consideration and final action. b. The procedure for notice and hearings held by the Commission on referred applications shall be in compliance with the same provisions as identified in this Section and as specified in Chapter 20.62 (Public Hearings). G. Post decision procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a Modification Permit application. October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures 20.52.060 — Planned Development Permits A. Purpose. The purpose of this Section is to provide a process for approving a Planned Development Permit that is intended to: 1. Ensure efficient use of land and a better living environment. Provide a method whereby land may be designed and developed as a unified site by taking advantage of efficient site planning techniques thereby resulting in a more efficient use of land, a better living environment, excellence of design, and related enhanced amenities than is otherwise possible through strict application of the development standards identified in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards); 2. Ensure high standards of environmental quality. Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City's resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan,; and Provide for enhanced amenities. Incorporate a program of enhanced amenities (e.g., enhanced landscaping, additional and enhanced open space, improvements to an existing public facility [e.g., park or trail, etc.]) than typically required by this Zoning Code. B. Applicability. 1. Allowed in all zoning districts. A Planned Development Permit may be requested for any zoning district. 2. Minimum site area. A Planned Development Permit may only be requested for a site(s) with a minimum of 1 acre. 3. Uses only allowed in base zoning district. A Planned Development Permit may not authorize a use that is not allowed in the base zoning district. 4. Adjustment of standards. a. The permit may adjust, where necessary and justifiable, all applicable development standards identified in this Zoning Code, with the exception of an increase in the applicable density or intensity. Height adjustments shall be limited to those identified in Section 20.30.060 (Height Limits and Exceptions). b. Residential projects with increased density or intensity standards may only be approved in compliance with Chapter 20.32 (Density Bonus). 5. Site Development Review not required. A Site Development Review shall not be required with a Planned Development Permit application. Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 C. Application filing, processing, and fees. An application for a Planned Development Permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City's Fee Schedule adopted by resolution. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision), below. D. Review authority. The Commission may approve, conditionally approve, or deny the Planned Development Permit application, based upon the findings contained in Subsection F. (Findings and decision), below. E. Project review, notice, and hearing. 1. Application consistent with the purpose of Section. Each Planned Development Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. 2. Public notice and hearing provisions. a. Notice of hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). b. A public hearing shall be required for the Commission's action on a Planned Development Permit application. F. Findings and decision. The Commission may approve or conditionally approve a Planned Development Permit application only after first finding all of the following: 1. The proposed development would: a. Include only uses allowed within the base zoning district; b. Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; C. Be substantially consistent with the purpose and intent of the base zoning district; d. Include sustainable improvement standards and protection of environmental resources; and e. Be compatible with other development within the zoning district and general neighborhood of the proposed project. 2. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations; 3. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development; October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures 4. The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses; 5. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults and /or children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc; and 6. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. G. Minor changes by Director. Minor changes in the Planned Development Permit that do not involve an increase in the number of dwelling units or intensity of other use or a change of use may be approved by the Director in compliance with Section 20.54.070 (Changes to an Approved Project). 2. Proposed changes that are not deemed minor shall be subject to review and approval by the original review authority. H. Post decision procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a Planned Development Permit application. 20.52.070 — Reasonable Accommodations A. Purpose. In compliance with Federal and State fair housing laws, it is the purpose of this Section to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with any disability an equal opportunity to use and enjoy a dwelling. B. Review authority. The Hearing Officer, as defined in Part 7 (Definitions), is hereby designated to approve, conditionally approve, or deny applications for a reasonable accommodation. C. Application for reasonable accommodation. 1. Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures Application. 20.52 An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on forms provided by the Department. b. A fee shall not be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the other discretionary permit(s) in compliance with the City's Fee Schedule adopted by resolution. 3. Other discretionary permits. a. If the project or use for which the request for reasonable accommodation is made also requires or is related to other discretionary permits (e.g., Conditional Use Permit, etc.) for the same project or use, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit. b. If the applicant does not file the request for reasonable accommodation concurrently with the application for other discretionary permits, then any request for reasonable accommodation shall not be heard until after the decision of the appropriate review authority for the other discretionary permits is final and effective. 4. Required submittals. In addition to materials required under other applicable provisions of this Zoning Code, an application for reasonable accommodation shall include all of the following: a. Documentation that the applicant is: (1) An individual with a disability; (2) Applying on behalf of one or more individuals with a disability; or (3) A developer or provider of housing for one or more individuals with a disability. b. The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant. C. Documentation that the specific exception or modification requested by the applicant is the minimum necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. d. Any other information that the Director reasonably concludes is necessary to determine whether the findings required by Subparagraph D. 2. (Findings and decision), below can be made, so long as any request for information regarding the disability of the individuals benefited complies with Fair Housing Law protections and the privacy rights of the individuals affected. October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures D. Decision on reasonable accommodation. 1. Hearing Officer action. a. The Hearing Officer shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the associated modification or revocation in compliance with Subparagraph D. 2 (Findings and decision), below. b. The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, and appeal procedures identified for any other discretionary permit; provided the standard of review on appeal shall not be de novo and the Council shall determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the public hearing. C. On review the Council may sustain, reverse, or modify the decision of the Hearing Officer or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing. 2. Findings and decision. a. The written decision to approve or deny a request for reasonable accommodation shall be consistent with the all applicable Federal and State laws and shall be based on consideration of the following findings, all of which are required for approval: (1) The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Fair Housing Laws; (2) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling; (3) The requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in Fair Housing Laws and interpretive case law; (4) The requested accommodation will not result in a fundamental alteration in the nature of a City program, as "fundamental alteration" is defined in Fair Housing Laws and interpretive case law; and (5) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 b. In making these findings, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. 3. Factors for consideration - necessity. The Hearing Officer may consider, but is not limited to, the following factors in determining whether the requested accommodation is the minimum necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling: a. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability; b. Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; C. In the case of a residential care facility, whether the requested accommodation is necessary to make facility, or facilities of a similar nature or operation economically viable in light of the relevant market and market participants; and d. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide an individual(s) with a disability an equal opportunity to live in a residential setting. 4. Factors of consideration - fundamental alteration /reasonableness. The Hearing Officer may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of a City program: a. Whether the requested accommodation would fundamentally alter the character of the neighborhood; b. Whether the accommodation would result in a substantial increase in traffic or insufficient parking; C. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable specific plan; and d. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. 5. Coastal Zone properties. For housing located in the Coastal Zone, a request for reasonable accommodation under this Section may be approved by the City if it is consistent with the findings provided in Subsection D, 2 (above); with Chapter 3 of the California Coastal Act of 1976; with the Interpretative Guidelines for Coastal Planning and Permits established by the California Coastal October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures Commission dated February 11, 1977, and any subsequent amendments; and the Local Coastal Program. 6. Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 7. Effective date. a. A reasonable accommodation shall not become effective until the decision to grant the accommodation shall have become final by reason of the expiration of time to make an appeal. b. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Council on the appeal in compliance with Chapter 20.64 (Appeals). E. Expiration, time extension, violation, discontinuance, and revocation. 1. Expiration. a. Any reasonable accommodation approved in compliance with the terms of this Section shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: (1) A Building Permit has been issued and construction has commenced; (2) A Certificate of Occupancy has been issued; (3) The use is established; or (4) A time extension has been granted. b. In cases where a Coastal Development Permit is required, the time period shall not begin until the effective date of approval of the Coastal Development Permit. 2. Time extension. The Hearing Officer may approve a time extension for a reasonable accommodation for good cause for a period(s) not to exceed three years. An application for a time extension shall be made in writing to the Director no less than 30 days or more than 90 days before the expiration date. 3. Notice. Notice of the Hearing Officer's decision on a time extension shall be provided in compliance with Chapter 20.62 (Public Hearings). All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as identified in Subparagraph 4. (Appeal of determination), below. Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 4. Appeal of determination. A time extension for a reasonable accommodation shall be final unless appealed to the Council within 14 calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard in compliance with Chapter 20.64 (Appeals), as modified by Subparagraph D. 1. (Hearing Officer action), above. Violation of terms. Any reasonable accommodation approved in compliance with the terms of this Section may be revoked if any of the conditions or terms of the reasonable accommodation are violated, or if any law or ordinance is violated in connection with the reasonable accommodation. 6. Discontinuance. a. A reasonable accommodation shall lapse if the exercise of rights granted by it are discontinued for at least 180 consecutive days. b. If the person(s) initially occupying a residence vacates or conveys the property for which the reasonable accommodation was granted„ the reasonable accommodation shall remain in effect only if the Director determines that the modification authorized by the review authority is physically integrated into the residential structure and cannot be easily removed or altered to comply with this Zoning Code. Revocation. Procedures for revocation shall be as identified in Chapter 20.68 (Enforcement). F. Post decision procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a reasonable accommodation application. G. Amendments. A request for changes in conditions of approval shall be treated as a new application. The Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. 20.52.080 — Site Development Reviews A. Purpose. The purpose of Site Development Review is to provide a process for the review of specific development projects in order to: 1. Ensure consistency with General Plan policies related to the preservation of established community character, and expectations for high quality development; 2. Respect the physical and environmental characteristics of the site; 3. Ensure safe and convenient access and circulation for pedestrians and vehicles; 4. Allow for and encourage individual identity for specific uses and structures; October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures 5. Encourage the maintenance of a distinct neighborhood and /or community identity; 6. Minimize or eliminate negative or undesirable visual impacts; 7. Ensure protection of significant views from public right(s) -of -way in compliance with Section 20.30.100 (Public View Protection); and 8. Allow for different levels of review depending on the significance of the development project. B. Applicability. 1. Site Development Review approval shall be required before the issuance of a Building or Grading Permit for any new structure identified in Table 5 -2, below, except for those projects listed in Subparagraph 2, below. 2. The following types of projects and structures shall require the issuance of a Zoning Clearance in compliance with Section 20.52.100, rather than a Site Development Review: a. Accessory structures; b. Fences and /or walls; C. The reconstruction or exterior remodeling of existing structures (including facade improvements); d. Residential construction: 1 to 4 dwelling units, without a tentative or parcel map; and e. Nonresidential construction: Up to a maximum of 9,999 square feet of gross floor area. 3. A Site Development Review shall not be required for a Planned Development Permit application. 4. The applicable review authority shall be as specified in Table 5 -2 (Review Authority for Site Development Reviews), below. Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures TABLE 5 -2 REVIEW AUTHORITY FOR SITE DEVELOPMENT REVIEWS 20.52 Note: (1) "Decision" means that the review authority makes the final decision on the matter; "Appeal' means that the review authority may consider and decide upon appeals to the decision of an earlier decision - making body, in compliance with Chapter 20.64 (Appeals). (2) The Zoning Administrator may defer action and refer the request to the Commission for the final decision. C. Application filing, processing, and review. 1. Application filing. a. Filing. An application for a Site Development Review shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). b. Contents. The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City's Fee Schedule adopted by resolution. C. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection F. (Findings and decision), below. October 2010 Newport Beach Zoning Code, Title 20 Role of Review Authority (1) (2) Type of Construction Activity Zoning Planning Administrator Commission (Minor (Major Review ) Review Residential construction: 5 to 20 dwelling units, without a Decision Appeal tentative or parcel map. Residential construction: 5 or more dwelling units with a tentative or parcel map and 21 or more dwelling units, without a tentative or Decision parcel map. Residential construction: On a bluff, an increase in the boundaries of a development area in compliance with the findings in Decision Section 20.28.040 (Bluff Overlay District). Mixed -Use projects: 1 to 4 dwelling units and nonresidential construction of up to a maximum of 9,999 square feet of gross floor Decision Appeal area. Mixed -Use projects: 5 or more dwelling units and /or nonresidential Decision construction of 10,000 square feet or more of gross floor area. Nonresidential construction: 10,000 to 19,999 square feet of Decision Appeal gross floor area. Nonresidential construction: 20,000 square feet or more of gross Decision floor area. Height limit increase: Increase in maximum allowed height limit in compliance with findings in Subsection 20.30.060. (Increase in Decision height limit). MU -W1 zoning district. All new development, additions, and Decision Appeal exterior remodeling. Note: (1) "Decision" means that the review authority makes the final decision on the matter; "Appeal' means that the review authority may consider and decide upon appeals to the decision of an earlier decision - making body, in compliance with Chapter 20.64 (Appeals). (2) The Zoning Administrator may defer action and refer the request to the Commission for the final decision. C. Application filing, processing, and review. 1. Application filing. a. Filing. An application for a Site Development Review shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). b. Contents. The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City's Fee Schedule adopted by resolution. C. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection F. (Findings and decision), below. October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures 2. Application review. Each application for a Site Development Review shall be reviewed to ensure that the application is consistent with: the purpose of this Section; applicable development standards of this Zoning Code; all of the criteria identified in Subparagraph c., below; and adopted criteria and policies applicable to the use or structure. a. A Site Development Review is initiated when the Department receives a complete application package including the required information and materials specified by the Director and any additional information required by the applicable review authority in order to conduct a thorough review of the project. b. Upon receipt of a complete application the applicable review authority shall conduct a review of the location, design, site plan configuration, and effect of the proposed project on adjacent properties by comparing the project plans to established development standards, and adopted criteria and policies applicable to the use or structure. C. The following criteria shall be considered during the review of a Site Development Review application: (1) Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; (2) The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; (3) The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; (4) The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; (5) The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and (6) The protection of significant views from public right(s) -of -way and compliance with Section 20.30.100 (Public View Protection). D. Review authority. 1. Other discretionary approval required. If the project also requires another discretionary approval (e.g., Conditional Use Permit, Variance, etc.), then the applicable review authority shall be the authority identified in Table 5 -1 (Review Authority) for the other discretionary approval. Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 2. Site Development Review only. If the project only requires a Site Development Review, then the applicable review authority shall be the authority identified in Table 5 -2 (Review Authority for Site Development Review) for the Site Development Review. 3. Referral to the Commission. If the Site Development Review application submitted is of significant consequence or magnitude or involves potential public controversy, the Zoning Administrator may defer action and refer the application to the Commission for review and decision. E. Public notice and hearing provisions. 1. Public hearing required. A public hearing shall be required before the decision on any Site Development Review application. 2. Notice. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). F. Findings and decision. The review authority may approve or conditionally approve a Site Development Review application, only after first finding that the proposed development is: 1. Allowed within the subject zoning district; 2. In compliance with all of the applicable criteria identified in Subparagraph C. 2. c., above; and 3. Not detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. G. Minor changes by Director. 1. Minor changes to an approved Site Development Review that do not involve an increase in structure area or height, an increase in the number of dwelling units, or a change of use may be approved by the Director in compliance with Section 20.54.070 (Changes to an Approved Project). 2. Proposed changes that are not deemed minor shall be subject to review and approval by the original review authority. H. Post decision procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a Site Development Review application. 20.52.090 — Variances A. Purpose. A Variance provides a process for City consideration of requests to waive or modify certain standards of this Zoning Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district. B. Applicability. A Variance may be granted to waive or modify any requirement of this Zoning Code except: allowed uses; residential density; specific prohibitions (for example, prohibited signs), or procedural requirements. C. Review authority. A Variance application shall be reviewed and approved, conditionally approved, or denied by the Commission. D. Application filing and processing. An application for a Variance shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City's Fee Schedule adopted by resolution. It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection F. (Findings and decision), below. E. Project review, notice, and hearing requirements. Each application shall be reviewed by the Director to ensure that the proposal complies with this Section and all other applicable requirements of this Zoning Code. 2. The review authority shall conduct a public hearing on an application for a Variance before a decision. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). F. Findings and decision. The review authority may approve or conditionally approve a Variance only after first making all of the following findings: There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; 2. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification; 3. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; 4. Granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; 5. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; and Newport Beach Zoning Code, Title 20 October 2010 Permit Review Procedures 20.52 6. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. G. Precedents. Each application shall be reviewed on an individual case -by -case basis and the granting of a prior Variance is not relevant or admissible evidence for the granting of a new Variance. H. Post decision procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 (Zoning Code Administration) shall apply following the decision on a Variance application. 20.52.100 —Zoning Clearances A. Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed use or structure complies with the activities allowed in the applicable zoning district and the development standards and other provisions of this Zoning Code. B. Applicability. Where Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) or another provision of this Zoning Code requires a Zoning Clearance as a prerequisite to establishing a use or structure, a Zoning Clearance shall be required at the time of the Department's review of any of the following: 1. Initiation of a use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure. 2. Change of use. Whenever a use is proposed to be changed, whether or not the new use involves a new lessee, operator, or owner, a Zoning Clearance shall be obtained. 3. Building Permit, Grading Permit, or other construction permit. A Zoning Clearance shall be obtained before the City issues a new or modified Building Permit, Grading Permit, or other construction - related permit required for the alteration, construction, modification, moving, or reconstruction of any structure. C. Review and approval. The Department shall issue the Zoning Clearance after first determining that the request complies with all Zoning Code provisions and other adopted criteria and policies applicable to the proposed use or structure. 2. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director. D. Referral to Commission. The Department may defer action and refer the Zoning Clearance request to the Commission for consideration and final action. E. Appeal to Commission. The Department's action on a Zoning Clearance request may be appealed to the Commission in compliance with Chapter 20.64 (Appeals). October 2010 Newport Beach Zoning Code, Title 20 20.52 Permit Review Procedures Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.54 — Permit Implementation, Time Limits, and Extensions Sections: 20.54.010 — Purpose 20.54.020 — Use of Property 20.54.030 — Effective Date of Permits 20.54.040 — Applications Deemed Approved 20.54.050 — Performance Guarantees 20.54.060 — Time Limits and Extensions 20.54.070 — Changes to an Approved Project 20.54.080 — Resubmittals 20.54.090 — Covenants 20.54.010 — Purpose This Chapter provides requirements for the implementation or "exercising" Table 5 -1 and other approvals that are granted or issued in compliance wit h including time limits and procedures for granting extensions of time. 20.54.020 — Use of Property of permits listed in this Zoning Code, Required construction permits (e.g., Building, Grading, and other construction permits) may be issued following the effective date of the permit in compliance with Section 20.54.030, below. A. Compliance required. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Part, except in compliance with the approved permit and associated conditions. B. Director's determination. Conformity shall be determined by the Director, or in the case of disagreement with the applicant, by the applicable review authority. 20.54.030 — Effective Date of Permits The approval of any discretionary permit shall become effective on the 15`h day following the actual date of application approval by the appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 20.64 (Appeals). 20.54.040 — Applications Deemed Approved A permit application that is deemed approved by operation of law shall be subject to all applicable provisions of this Zoning Code, which shall be satisfied by the applicant before a Building or Grading Permit is issued or a use not requiring a Building Permit is established. October 2010 Newport Beach Zoning Code, Title 20 20.54 20.54.050 — Performance Guarantees A. Deposit of security. Permit Implementation, Time Limits, and Extensions If the review authority finds that the issuance of a permit or other approval is reasonably likely to have a direct adverse impact on the health, safety, or welfare of the public if the condition(s) is not performed, the review authority may impose, as a condition of approval, a requirement that the applicant deposit security in an amount sufficient to ensure the faithful performance of the condition(s). 2. The security shall be in the form of cash, a certified or cashier's check, or a performance bond. If the applicant elects to fulfill the condition by providing a performance bond, the performance bond shall be issued by a surety currently authorized by the Insurance Commissioner to transact business in the State of California. The surety shall be of a financial size and have financial rating acceptable to the City's Risk Manager. The form of the performance bond shall be subject to approval by the City Attorney. 3. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director. 4. Security required in compliance with this Section shall be payable to the City. B. Release of security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released. C. Failure to comply. Upon failure to perform any secured condition in a timely manner, the City may execute the condition, or cause it to be done, and may collect from the applicant, and surety in case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs. The unused portion of the security, if any, shall be refunded to the applicant after deduction of the costs recoverable by the City. D. Appeal. The Director's determinations under this Section may be appealed to the Council by the applicant by filing an appeal with the City Clerk within 14 days after the decision in compliance with Chapter 20.64 (Appeals). 20.54.060 — Time Limits and Extensions A. Time limits. Unless a condition of approval or other provision of this Zoning Code establishes a different time limit, any permit or approval not exercised within 24 months from the actual date of review authority approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B., below. 2. The permit shall not be deemed "exercised" until at least one of the following has first occurred: Newport Beach Zoning Code, Title 20 October 2010 Permit Implementation, Time Limits, and Extensions 20.54 a. A Grading Permit has been issued and grading has been substantially completed; b. A Building Permit has been issued and construction has commenced, and has continued to maintain a valid Building Permit by making satisfactory progress as determined by the Building Official; C. A Certificate of Occupancy has been issued; d. The use is established; or e. A time extension has been granted in compliance with Subsection B., below. 3. In cases where a Coastal Development Permit is required, the 24 -month time limit shall not begin until the effective date of approval of the Coastal Development Permit. 4. If a project is to be developed in pre- approved phases, each subsequent phase shall be exercised within 24 months from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and become void, except where an extension of time is approved in compliance with Subsection B., below. 5. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit shall be exercised before the expiration of the Tentative Map, or the permit shall expire and become void and of no further effect. 6 Once exercised, any use that has been abandoned for at least 180 days or changed shall be deemed void. B. Extensions of time. Upon written request by the applicant, the Director, or the Commission under a referral or appeal, may extend the time for an approved permit or approval to be exercised. 1. Filing and review of request. The applicant shall file a written request for an extension of time with the Department no less than 30 days or more than 90 days before the expiration date of the permit, together with the filing fee required by the City's Fee Schedule adopted by resolution. 2. Action on extension request. A permit or approval may be extended for no more than 3 additional 12 -month periods beyond the expiration of the original approval; provided, the Director, or the Commission under a referral or appeal, first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for denial of the original project. October 2010 Newport Beach Zoning Code, Title 20 20.54 Permit Implementation, Time Limits, and Extensions C. Effect of expiration. After the expiration of a permit or approval in compliance with Subsection A. (Time limits), above, no further work shall be done on the site and no further use of the site shall occur until a new permit or approval and any required Building Permit or other City permits or approvals are first obtained. 20.54.070 — Changes to an Approved Project Development or a new use authorized through a permit granted in compliance with this Zoning Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this Section. A. Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request. B. Minor changes approved by the Director without a public hearing. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, where the Director first finds that the changes: a. Are consistent with all applicable provisions of this Zoning Code; b. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a Negative Declaration or Environmental Impact Report for the project; C. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and d. Do not result in an expansion or change in operational characteristics of the use. 2. The Director may choose to refer any requested change to the original review authority for review and final action. C. Changes approved by original review authority. A proposed change that does not comply with the criteria identified in Subsection B. (Minor changes approved by the Director without a public hearing), above, may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing) and the applicable provisions of Chapter 20.52 (Permit Review Procedures). Newport Beach Zoning Code, Title 20 October 2010 Permit Implementation, Time Limits, and Extensions 20.54.080 — Resubmittals 20.54 A. Resubmittal after denial with prejudice. For a period of 12 months following the actual date of denial with prejudice by the applicable review authority, or, if appealed, the actual date of denial by the applicable review authority considering the appeal, of a discretionary permit or amendment, no application for the same or substantially similar permit or amendment shall be filed for the same site, or any portion thereof. B. Exception to Subsection A., above. The Director may allow exception to Subsection A., above, based on one or more of the following findings: New evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant. 2. There has been a substantial and permanent change of circumstances since the previous hearing(s), that materially affects the applicant's real property. 3. A mistake was made at the previous hearing(s) that was a material factor in the denial(s) of the previous application. C. Resubmittal after denial without prejudice. There shall be no limitation on subsequent applications for a site where a project was denied without prejudice. D. Director's determination, appeal. The Director shall determine whether a new application is for a permit or amendment that is the same or substantially similar to a previously approved or denied permit or amendment, and shall either process or reject the application in compliance with this Section. 2. The Director's determination may be appealed to the Commission, in compliance with Chapter 20.64 (Appeals). 20.54.090 — Covenants A. Applicability. When necessary to achieve the land use goals and policies of the General Plan, the City may require a property owner to record a covenant and /or other limitation(s) in favor of the City. A covenant: May be required to provide for necessary emergency access, landscaping, light and air access, open space, parking, public view protection, shoreline and blufftop access, solar access, resource protection, etc., or limitation(s) or restriction(s) on the use of property as a result of a project approval; and 2. Shall be imposed as a condition of approval by the review authority. B. Form of covenant. The form of the covenant shall be approved by the City Attorney, and the covenant shall: Describe the real property to be benefitted by the covenant; October 2010 Newport Beach Zoning Code, Title 20 20.54 Permit Implementation, Time Limits, and Extensions 2. Identify the City permit or approval that relied on or required the covenant; and 3. Identify the purposes of the covenant. C. Recordation. A covenant shall be recorded in the County Recorder's Office. D. Effect of covenant. 1. From and after the time of its recordation, a covenant shall provide notice to all persons to the extent afforded by the recording laws of the State. 2. The burdens of the covenant shall be binding on, and the covenant shall benefit all successors -in- interest to the real property. E. Enforceability. A covenant shall be enforceable by the successors -in- interest to the real property affected by the covenant, and the City. This Section shall not create standing in any person, other than the City, and any owner of the real property affected by the covenant, to enforce or to challenge the covenant or any requested amendment or release. F. Release of covenant. A covenant may be released by the Director, or by another appropriate review authority in the event of an appeal, at the request of any affected person, including the City. 1. Process for release. The release of a covenant shall require that the review authority first: a. Conduct a noticed public hearing in compliance with Chapter 20.62 (Public Hearings); and b. Find that the covenant on the site is no longer necessary to achieve the land use goals of the City. 2. Recordation. A notice of the release of the covenant shall be recorded by the Director in the County Recorder's Office. 3. Fees. The applicant for a release of a covenant shall pay the fee for the processing of the release in compliance with the City's Fee Schedule adopted by resolution. Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.56 — Planned Community District Procedures Sections: 20.56.010 — Purpose 20.56.020 —Area Requirements 20.56.030 — PC District - Land Use Regulations 20.56.040 — PC District - Property Development Regulations 20.56.050 — Application Procedures 20.56.060 —Zoning Map Designator 20.58.010 — Purpose 20.58.020 — Intent 20.58.030 — Applicability 20.58.040 — Initiation and Presubmittal of Specific Plans 20.58.050 — Application Filing and Initial Review 20.58.060 — Preparation and Content 20.58.070 — Application Processing 20.58.080 — Adoption of Specific Plan 20.58.090 — Amendments 20.56.010 — Purpose The Planned Community (referred to in this Chapter as the PC) District is intended to: A. Classification and development of land. Provide for the classification and development of land as coordinated, comprehensive projects in order to take advantage of the superior environment resulting from large -scale community planning. B. Diversification of uses. Allow diversification of 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. C. Development plan and text materials. Include various types of uses, consistent with the General Plan through the adoption of a development plan and text materials that identify land use relationships and associated development standards. 20.56.020 — Area Requirements A. Minimum acreage. In order to meet the objectives identified in Section 20.56.010 (Purpose), above, an application for a PC District shall contain a minimum of 25 acres of unimproved land area or 10 acres of improved land area. 2. The Council may waive these minimum acreage requirements. October 2010 Newport Beach Zoning Code, Title 20 20.56 Planned Community District Procedures B. Improved land area defined. The term "improved land area" as used in this Section shall mean parcels of land with permanent structures affixed to the land, the improvements occupying a land area amounting to at lest 10 percent of the total acreage of the PC District at the time of application for a Zoning Map amendment, excluding areas of public works or improvements and public rights -of -way. 20.56.030 — PC District - Land Use Regulations A. Existing uses. 1. Uses existing at the time of establishment of a PC District shall be either: a. Incorporated as part of the approved development plan; b. Allowed to continue as nonconforming uses, in compliance with Chapter 20.38 (Nonconforming Uses and Structures) ; or C. Be terminated in compliance with a specific abatement schedule approved as part of the development plan. 2. Existing uses that are prohibited by any provisions of this Zoning Code shall be terminated before final approval of the development plan. B. New uses. 1. A use, other than a use existing at the time of establishment of a PC District, shall not be allowed in a PC District except in compliance with a valid PC development plan. 2. An allowed use authorized by this Zoning Code and consistent with the General Plan may be included in an approved PC development plan. 3. The Zoning Administrator may approve uses and structures in compliance with Section 20.52.040 (Limited Term Permits). 20.56.040 — PC District - Property Development Regulations Property development regulations applicable to residential, commercial, industrial, and mixed use districts shall also apply to corresponding portions of PC Districts, unless specifically waived or modified by an approved PC District development plan. Where conflict in provisions occurs, the regulations specified in this Chapter or in the development plan(s) approved in compliance with this Chapter shall apply. 20.56.050 —Application Procedures If initiated by a property owner(s), the PC District and associated development plan application shall comply with all of the following. Newport Beach Zoning Code, Title 20 October 2010 Planned Community District Procedures A. Reclassification. An application for classification to a PC District, and /or the adoption of a development plan, shall be filed in compliance with Chapter 20.50 (Permit Application Filing and Processing) and Chapter 20.66 (Amendments). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City's Fee Schedule adopted by resolution. B. Development plan. 1. Initiation of development plan. A PC District development plan may be initiated in the following manner: a. Council. By the Council, with or without a recommendation from the Commission; b. Commission. By the Commission; or C. Property owner(s). By the filing of a development plan application with the Department by the owner(s) or authorized agent(s) of property for which the development plan is sought. If the property is held in more than one ownership, all owners or their authorized agents shall join in filing the application. 2. Conditional Use Permit serves as development plan. Where existing uses have been established by a Conditional Use Permit before the adoption of a PC District and the uses are to be retained, the Conditional Use Permit as approved or subsequently amended shall constitute the required development plan. 3. Development plan required. No new or expanded uses shall occur without an approved PC District development plan. C. Development plan contents. Unless specifically waived by the Director, a PC District development plan application shall contain all of the following information, plans, and materials: Land use map clearly illustrating the distribution, location, and extent of uses proposed within the area covered by the development plan, including open space areas; 2. Land use tables clearly illustrating the uses as allowed, conditionally allowed, or not allowed, including any special requirements applicable to specific uses; Development standards clearly indicating the proposed acreages, densities and intensities, gross floor area, lot coverage, off - street parking, structure heights, and a circulation plan, along with accompanying text identifying the property development regulations that constitute the standards of development designed to govern those sectors specified in the development plan. The standards shall contain definitions and information concerning requirements for landscaping, lighting, screening, setback line designations, signs, storage, and other information that the Director shall require to ensure substantial compliance with the intent of this Chapter; 4. Protection measures for landforms and public views; October 2010 Newport Beach Zoning Code, Title 20 20.56 Planned Community District Procedures 5. Sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation); 6. Distribution, extent, intensity, and location of major components of public and private circulation /transportation, drainage, energy, sewage disposal, solid waste disposal, storm drainage, water, and other essential facilities proposed to be located within the development plan area and needed to support the proposed uses; 7. Standards and criteria by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable; 8. A program of implementation measures, programs, regulations, and public works projects, necessary to carry out the proposed uses, infrastructure, and development and conservation standards and criteria; 9. A map of the development plan area showing sufficient topographical data to indicate clearly the character of the terrain, the type, location, and condition of mature trees and other vegetation, and a conceptual grading plan for the subject property; 10. A discussion of the relationship of the proposed development plan to the goals, policies, and actions of the General Plan; and 11. Additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the development plan, applicable goals, policies, and actions of the General Plan, or any other issue(s) determined by the Director to be significant. D. Review of development plans. 1. Director's review. Following receipt of a completed application, the Director shall review the facts bearing on the case to provide the information necessary for action consistent with the purpose of this Chapter. 2. Notice and hearing requirements. a. Public hearings shall be required for the Commission's recommendation and the Council's action on a PC District development plan. b. The public hearings shall be scheduled once the Director finds the application complete in compliance with Section 20.50.060 (Initial Application Review). C. Noticing of the hearings shall be provided and the hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings). Newport Beach Zoning Code, Title 20 October 2010 Planned Community District Procedures 20.56 3. Environmental review required. The development plan shall be subject to environmental review as identified in Section 20.50.080 (Environmental Review). 4. Staff report. A written staff report shall be prepared for the development plan that shall include detailed recommendations and, if appropriate, suggested changes to the text and /or diagrams of the development plan, as determined to be necessary to make it acceptable for adoption. E. Development plan amendments. 1. Process for amendment. A PC District development plan may be amended through the same procedure specified by this Chapter for the adoption of a development plan. 2. Frequency of amendments. A development plan may be amended as often as deemed necessary by the Council. 20.56.060 — Zoning Map Designator Each PC District shall be shown on the Zoning Map with a "PC" designator, numbered, and identified sequentially by order of enactment. October 2010 Newport Beach Zoning Code, Title 20 20.56 Planned Communitv District Procedures — This page intentionally left blank — i Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.58 — Specific Plan Procedures Sections: 20.58.010 — Purpose 20.58.020 — Intent 20.58.030 — Applicability 20.58.040 — Initiation and Presubmittal of Specific Plans 20.58.050 — Application Filing and Initial Review 20.58.060 — Preparation and Content 20.58.070 — Application Processing 20.58.080 — Adoption of Specific Plan 20.58.090 — Amendments 20.58.010 — Purpose The purpose of this Chapter is to provide a process for preparing, processing, reviewing, adopting, and amending specific plans. 20.58.020 — Intent A. General Plan implementation. After the Council has adopted the General Plan, or any amendment, the Department may, or as directed by the Council, shall prepare specific plans for the systematic implementation of the General Plan. A specific plan may not be adopted or amended unless first found consistent with the General Plan. B. Adopted by ordinance. A specific plan adopted by ordinance shall replace the base zoning district(s) for the subject property, and the development standards and criteria identified in the specific plan shall take precedence over the general standards and criteria contained in this Zoning Code. C. Adopted by resolution. A specific plan adopted by resolution shall be applied as criteria and the applicable standards contained in this Zoning Code shall take precedence over the development standards identified in the specific plan. 20.58.030 — Applicability A. Specific plan required. When required by the General Plan, , or this Zoning Code to systematically implement the General Plan a specific plan shall be prepared, processed, approved and implemented, or denied, in compliance with this Chapter. B. Flexibility and innovation. A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an effective and safe method of pedestrian and vehicular circulation. October 2010 Newport Beach Zoning Code, Title 20 20.58 Plan Procedures C. Commission and Council review. An application for a specific plan shall be considered by the Commission and Council. 20.58.040 — Initiation and Presubmittal of Specific Plans A specific plan may be initiated in the following manner: A. Council. By the Council, with or without a recommendation from the Commission; B. Commission. By the Commission; or C. Property owner(s). By an application being filed by the owner(s) of one or more lots that would be the subject of the specific plan. If initiated by a property owner(s), the following shall first occur. 1. A pre - application conference with the Director before the filing of a specific plan application, in compliance with Subsection 20.50.040.A. (Pre - application conference). 2. Public meeting(s) required. a. Before the preparation of the specific plan, at least one public /neighborhood meeting shall be held to identify potential community impacts and concerns relating to the proposed plan. b. Public notice of the meeting shall be in compliance with Chapter 20.62 (Public Hearings). 20.58.050 — Application Filing and Initial Review If initiated by a property owner(s), the specific plan application shall comply with all of the following. A. Filing. An application for a specific plan, together with the required fee in compliance with the City's Fee Schedule adopted by resolution, shall be filed with the Department in compliance with Chapter 20.50 (Permit Application Filing and Processing). B. Contents. The application shall include all of the information and materials specified by the Director and Subsection 20.58.060.B. (Required information), below, for specific plan applications. C. Project review procedures. Following receipt of a completed application, the Director shall review the facts bearing on the case to provide the information necessary for action consistent with the purpose of this Chapter. D. Notice and hearing requirements. 1. Public hearings shall be required for the Commission's recommendation and the Council's action on a specific plan or an amendment. 2. The public hearings shall be scheduled once the Director finds the application complete in compliance with Section 20.50.060 (Initial Application Review). Newport Beach Zoning Code, Title 20 October 2010 Plan Procedures 20.58 Noticing of the hearings shall be provided and the hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings). 20.58.060 — Preparation and Content If initiated by a property owner(s), the specific plan application shall comply with the following. A. Organization of specific plan. The applicant shall prepare a draft specific plan for review by the City that includes detailed information in the form of text and diagram(s). B. Required information. Unless specifically waived by the Director, a draft specific plan application shall contain all of the following information, plans, and materials: The distribution, location, and extent of uses proposed within the area covered by the specific plan, including open space areas; 2. The distribution, extent, intensity, and location of major components of public and private circulation /transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed to be located within the specific plan area and needed to support the proposed uses; 3. Standards and criteria by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable; 4. A program of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed uses, infrastructure, and development and conservation standards and criteria; 5. A discussion of the relationship of the specific plan to the goals, policies, and actions of the General Plan or the certified Coastal Land Use Plan for sites located within the City's Coastal Zone; and 6. Additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable goals, policies, and actions of the General Plan or the certified Coastal Land Use Plan for sites located within the City's Coastal Zone, or any other issue(s) determined by the Director to be significant. 20.58.070 —Application Processing If initiated by a property owner(s), the draft specific plan shall be processed in the same manner as required for General Plans by State law, and as follows. A. Director's evaluation. After the filing of a draft specific plan, the Director shall review the draft plan to determine whether it is in compliance with the provisions of this Chapter. October 2010 Newport Beach Zoning Code, Title 20 20.58 Specific Plan Procedures 2. If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance. B. Environmental review required. The draft specific plan shall be subject to environmental review as identified in Section 20.50.080 (Environmental Review). C. Staff report. A written staff report shall be prepared for the draft specific plan that includes detailed recommendations and, if appropriate, suggested changes to the text and /or diagrams of the specific plan, as determined to be necessary to make it acceptable for adoption. 20.58.080 —Adoption of Specific Plan A. Mandatory finding for adoption. A specific plan may only be adopted if found consistent with the General Plan. B. Method of adoption. A specific plan shall be adopted by ordinance or by resolution of the Council 20.58.090 — Amendments A. Process for amendment. A specific plan may be amended through the same procedure specified by this Chapter for the adoption of a specific plan. B. Frequency of amendments. The specific plan may be amended as often as deemed necessary by the Council. Newport Beach Zoning Code, Title 20 October 2010 Part 6 Zoning Code Administration Table of Contents Chapter 20.60 —Administrative Responsibility ......................................... ............................6 -3 20.60.010 — Purpose .................................................................................. ............................6 -3 20.60.020 — City Council ............................................................................ ............................6 -3 20.60.030 — Planning Commission ............................................................ ............................6 -3 20.60.040 — Hearing Officer ....................................................................... ............................6 -4 20.60.050 — Zoning Administrator .............................................................. ............................6 -5 20.60.060 — Planning Director ................................................................... ............................6 -5 Chapter 20.62 — Public Hearings ................................................................ ............................6 -7 20.62.010 — Purpose .................................................................................. ............................6 -7 20.62.020 — Notice of Public Hearing ................... .................................................................. 6 -7 20.62.030 — Hearing Procedure ................................................................. ............................6 -9 20.62.040 — Decision ................................................................................. ............................6 -9 Chapter20.64 — Appeals ............................................................................ ...........................6 -11 20.64.010 — Purpose ................................................................................. ...........................6 -11 20.64.020 — Appeals ................................................................................. ...........................6 -11 20.64.030 — Filing and Processing of Appeals ..................................... ................................ 6 -11 20.64.040 — Judicial Review of City Decision .................... .................................................. 6 -13 Chapter20.66 — Amendments .................................................................... ...........................6 -15 20.66.010 — Purpose ................................................................................. ...........................6 -15 20.66.020 — Initiation of Amendment ........ . ...................................... . ................................... 6 -15 20.66.030 — Processing, Notice, and Hearing ...................................... ................................ 6 -15 20.66.040 — Commission Recommendation ............................................. ...........................6 -16 20.66.050 — Council Decision ................................................................... ...........................6 -16 20.66.060 — Prezoning — Annexations ...................................................... ...........................6 -16 20.66.070 — Effective Dates ...................................................................... ...........................6 -17 Chapter 20.68 — Enforcement .................................................................... ...........................6 -19 20.68.010 — Purpose ................................................................................. ...........................6 -19 20.68.020 — Permits and Approvals .......................................................... ...........................6 -19 20.68.030 — Inspections ............................................................................ ...........................6 -19 20.68.040 — Initial Enforcement Action ..................................................... ...........................6 -20 20.68.050 — Legal Remedies ....................................................... ........................................ 6 -20 20.68.060 — Additional Permit Fees ..................... ................................................................ 6 -21 20.68.070 — Reinspection Fees ................................................................ ...........................6 -22 October 2010 Newport Beach Zoning Code, Title 20 Part 6 — Zonina Code Administration — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.60 — Administrative Responsibility Sections: 20.60.010 — Purpose 20.60.020 — City Council 20.60.030 — Planning Commission 20.60.040 — Hearing Officer 20.60.050 — Zoning Administrator 20.60.060 — Planning Director 20.60.010 — Purpose This Chapter describes the authority and responsibilities of the Newport Beach City Council, Planning Commission, Hearing Officer, Zoning Administrator, and Planning Director in the administration of this Zoning Code. 20.60.020 — City Council A. Duties and functions. The City Council (referred to in this Zoning Code as the Council) shall perform the duties and functions prescribed in this Zoning Code, which include the following: 1. Final review authority on legislative acts. To make final City decisions on legislative acts (e.g., General Plan and amendments, specific plans and amendments, zoning amendments), Final Maps in compliance with Municipal Code Title 19 (Subdivisions), and other applicable policy or ordinance matters related to the City's planning process. Additionally, the Council shall be the final review authority on all concurrent applications filed with legislative act applications; and 2. Appeals. To hear and decide appeals filed from Hearing Officer and Commission decisions in compliance with Chapter 20.64 (Appeals). B. Imposition of conditions. In making decisions on applications, the Council may impose conditions it deems necessary to implement the General Plan, and the Municipal Code standards that apply to development and to further the public health, safety, and general welfare of the community. 20.60.030 — Planning Commission A. Appointment. The Planning Commission (referred to in this Zoning Code as the Commission) shall consist of 7 members appointed by the Council in compliance with Article VII of the City Charter. October 2010 Newport Beach Zoning Code, Title 20 20.60 Administrative Responsibi B. Duties and functions. The Commission shall perform the duties and functions prescribed by State law, the City Charter, and the Municipal Code, including the following: 1. Approve, conditionally approve, or deny the applications prescribed by this Zoning Code (e.g., Conditional Use Permits, Planned Development Permits, Variances, etc.) and Tentative Tract Maps in compliance with Municipal Code Title 19 (Subdivision Code); 2. Review the effectiveness and appropriateness of this Zoning Code and recommend amendments or changes to the Council as it deems appropriate; 3. Provide recommendations to the Council for final decisions on legislative acts (e.g., General Plan and amendments, specific plans and amendments, zoning amendments), and other applicable policy or ordinance matters related to the City's planning process. Additionally, the Commission shall provide recommendations to the Council on all concurrent applications filed with legislative act applications; and 4. Hear and decide appeals for all Zoning Administrator decisions and Director determinations in compliance with Chapter 20.64 (Appeals). C. Imposition of conditions. In making decisions on applications, the Commission may impose conditions it deems necessary to implement the General Plan, and the Municipal Code standards that apply to development and to further the public health, safety, and general welfare of the community. 20.60.040 — Hearing Officer A. Appointment. The Hearing Officer(s) shall be appointed by the Council. B. Duties and functions. The Hearing Officer(s) shall perform the duties and functions prescribed by State law, the City Charter, and this Zoning Code, including the following: 1. Conditional Use Permits in residential zoning districts. Approve, conditionally approve, or deny applications identified in Table 5 -1 (Review Authority) in compliance with Section 20.52.030 (Conditional Use Permits in Residential Zoning Districts). 2. Nonconforming uses. Approve, conditionally approve, or deny requests for extensions of time of abatement periods for nonconforming uses located in residential zoning districts in compliance with Section 20.38.100 (Abatement Periods). 3. Reasonable Accommodations. Approve, conditionally approve, or deny requests for Reasonable Accommodations in compliance with Section 20.52.070 (Reasonable Accommodations). Newport Beach Zoning Code, Title 20 October 2010 Administrative C. Imposition of conditions. In making decisions on applications, the Hearing Officer may impose conditions deemed necessary to implement the General Plan, and the Municipal Code standards that apply to development and to further the public health, safety, and general welfare of the community. 20.60.050 — Zoning Administrator A. Appointment. The Director shall appoint a qualified Department staff member to serve as the Zoning Administrator who shall serve at the discretion of the Director. B. Duties and functions. 1. The Zoning Administrator shall have the authority to investigate and make decisions on the applications identified in Table 5 -1 (Review Authority) in compliance with this Zoning Code and the Municipal Code as well as the following: a. Condominium conversions involving 4 or fewer units, through the approval of a tentative parcel map, in compliance with Title 19 (Subdivisions); b. Lot line adjustments, in compliance with Title 19 (Subdivisions); C. Tentative parcel maps, in compliance with Title 19 (Subdivisions); and d. Merger of contiguous lots in compliance with Title 19 (Subdivisions). 2. The primary role of the Zoning Administrator is to make decisions on applications in compliance with this Zoning Code and Title 19 (Subdivisions). 3. The above listed duties and functions shall be performed in compliance with Section 20.50.020 (Authority for Land Use and Zoning Decisions). C. Imposition of conditions. In making decisions on applications, the Zoning Administrator may impose conditions it deems necessary to implement the General Plan, and the Municipal Code standards that apply to development and to further the public health, safety, and general welfare of the community. 20.60.060 — Planning Director A. Appointment. The Director shall be appointed by the City Manager and shall serve at the discretion of the City Manager. B. Duties and functions. The Director shall: 1. Have the responsibility to perform all of the functions designated by State law; 2. Perform the duties and functions prescribed in this Zoning Code. The role of the Director is to manage the Planning Department and make determinations on the matters specified in this Zoning Code as "subject to the determination of the Director." October 2010 Newport Beach Zoning Code, Title 20 20.60 Administrative Resoonsibi Delegate the responsibilities of the Director to Department staff as deemed appropriate. Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.62 — Public Hearings Sections: 20.62.010 — Purpose 20.62.020 — Notice of Public Hearing 20.62.030 — Hearing Procedure 20.62.040 — Decision 20.62.010 — Purpose This Chapter provides procedures for public hearings required by this Zoning Code. When a public hearing is required, advance notice of the hearing shall be given and the hearing shall be conducted in compliance with this Chapter. 20.62.020 — Notice of Public Hearing This Section provides notice requirements for project applications requiring a public hearing. A. Content of notice. Notice of a public hearing shall include all of the following applicable information. 1. Hearing information. a. The date, time, and place of the hearing and the name of the review authority; b. A brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public's right to appear and be heard); C. The phone number, street address, and website of the City, where an interested person could call or visit to obtain additional information; d. A statement that an interested person or authorized agent may appear and be heard at the public hearing and the procedures for appeal; and e. A statement that if a person challenges the subject project in court, that person may be limited to raising only those issues that the person or someone else speaking on their behalf, raised at the public hearing (described in the notice) or in written correspondence delivered to the City, at, or before, the public hearing. 2. Project information. a. The name of the applicant; b. The City's file number(s) assigned to the application; C. A general explanation of the matter to be considered; October 2010 Newport Beach Zoning Code, Title 20 20.62 Public Heari d. A general description, in text and /or by diagram, of the location of the property that is the subject of the hearing; and e. If a Negative Declaration or Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the local CEQA guidelines, the hearing notice shall include a statement that the review authority will also consider approval or recommend approval of the Negative Declaration or certification of the Environmental Impact Report. B. Method of notice distribution. Notice of a public hearing required by this Zoning Code shall be given as specified below. 1. Publication. Notice for all matters shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing. 2. Mailing. Notice shall be mailed or delivered at least 10 days before the scheduled hearing to all of the following: a. Project site owners and applicant. The owners of the property being considered in the application, or the owners' agent, and the applicant or the applicant's agent; b. Local agencies. Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected; C. Nearby property owners. All owners of property located within a 300 - foot radius, excluding intervening rights -of -way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the Department the names and addresses of all owners required by this Section; d. Persons requesting notice. A person who has filed a written request for notice with the Director and has paid the required fee for the notice; and 3. Posting of a sign and notice. Notice shall be posted on or close to the subject property in a prominent location at least 10 days before the scheduled public hearing in the following manner: a. One or more signs shall be posted as determined by the Director. b. The size and location of the sign(s) shall be as determined by the Director. C. The project applicant shall be responsible for maintaining the sign(s) in a satisfactory condition. Newport Beach Zoning Code, Title 20 October 2010 Public Hearinas 20.62 d. The project applicant shall remove all sign(s) at the end of the appeal period. 4. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph B. 2. c., above, is more than 1,000, the Director may choose to provide the alternative notice specified by State law. 5. Failure to receive notice. The failure of any person or entity to receive notice given in compliance with this Section shall not invalidate the actions of the applicable review authority. 20.62.030 — Hearing Procedure A. Time and place of hearing. A hearing shall be held at the date, time, and place for which notice was given. B. Continued hearing. A hearing may be continued without further notice, provided the official or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. C. Deferral of final decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and /or conditions of approval have been prepared. 20.62.040 — Decision A. Decision. 1. The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting in compliance with Section 20.62.030 (Hearing Procedure), above. 2. The Director or Zoning Administrator, as applicable, may instead refer the matter to the Commission for a decision. B. Effective date of decision. 1. The decision of the applicable review authority is final and effective at the end of the appeal period. 2. The decision of the Council shall be final on the date the decision is made unless otherwise specified in the adopting ordinance or resolution. October 2010 Newport Beach Zoning Code, Title 20 20.62 — This page intentionally left blank — Public Heari i Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.64 — Appeals Sections: 20.64.010 — Purpose 20.64.020 — Appeals 20.64.030 — Filing and Processing of Appeals 20.64.040 — Judicial Review of City Decision 20.64.010 — Purpose The purpose of this Chapter is to provide procedures for the appeal of determinations and decisions of the Director, Zoning Administrator, Hearing Officers, and Planning Commission. 20.64.020 — Appeals A. Director. Interpretations of the Director may be appealed to the Planning Commission. B. Zoning Administrator. Decisions of the Zoning Administrator may be appealed to the Planning Commission. C. Hearing Officer. Decisions of a Hearing Officer may be appealed to the Council. D. Planning Commission. Decisions of the Commission may be appealed to the Council. 20.64.030 — Filing and Processing of Appeals A. Eligibility. Appeals may be initiated by any interested party. B. Timing and form of appeal. An appeal shall be submitted in writing and shall state the facts and basis for the appeal. 1. Filing an appeal. An appeal shall be filed with the Director or City Clerk, as applicable, within 14 days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows 10 day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). a. Appeals addressed to the Commission shall be filed with the Director on forms provided by Department; and b. Appeals addressed to the Council shall be filed with the City Clerk on forms provided by the Clerk. 2. Filing fee. An appeal shall be accompanied by the filing fee identified in the City's Master Fee Schedule. October 2010 Newport Beach Zoning Code, Title 20 20.64 C. Report, scheduling, noticing, and conduct of hearing. The decision from which an appeal has been made has no force of effect as of the date on which the appeal is filed. When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority identified in Section 20.64.020 (Appeals), above. 2. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings). 3. Conduct of hearing. a. Review of an appeal from a decision of the Zoning Administrator or Commission shall be de novo. Review of an appeal from a decision of a Hearing Officer shall be whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentiary hearing. On review, the Council may sustain, reverse, or modify the decision of the Commission or Hearing Officer, or remand the matter for further consideration, which remand shall include either specific issues to be considered or a direction for a new hearing. b. The review authority is not bound by the decision that has been appealed or limited to the issues raised on appeal. C. The review authority shall hear testimony of the appellant, the applicant, and any other interested party. The review authority shall consider the same application, plans, and project related materials that were the subject of the original decision, unless otherwise deemed relevant by the review authority. D. Decision on appeal. As provided in this Zoning Code, the review authority may, based upon findings of fact about the particular case: a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal. Adopted findings shall identify the reasons for the action on the appeal; b. Adopt additional conditions of approval that may address issues or concerns other than those that were the basis of the appeal; or C. Deny the permit approved by the previous review authority, even where the appellant only requested a change or elimination of one or more conditions of approval. 2. If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the previous review authority for further consideration. Newport Beach Zoning Code, Title 20 October 2010 P411-11 In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand. 20.64.040 — Judicial Review of City Decision A person shall not seek judicial review of a City decision on a permit or other matter until all appeals to the Commission and Council have been first exhausted in compliance with this Chapter. October 2010 Newport Beach Zoning Code, Title 20 20.64 Is — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.66 — Amendments Sections: 20.66.010 — Purpose 20.66.020 — Initiation of Amendment 20.66.030 — Processing, Notice, and Hearing 20.66.040 —Commission Recommendation 20.66.050 — Council Decision 20.66.060 — Prezoning — Annexations 20.66.070 — Effective Dates 20.66.010 — Purpose This Chapter provides procedures for the amendment of this Zoning Code (e.g., text or map). 20.66.020 — Initiation of Amendment An amendment may be initiated in the following manner: A. Council. By the Council, with or without a recommendation from the Commission; B. Commission. By the Commission; or C. Property owner(s). An amendment to the Zoning Map may also be initiated by the filing of an amendment application with the Department by the owner(s) or authorized agent(s) of property for which the amendment is sought. All owners or their authorized agents shall join in filing the application. 20.66.030 — Processing, Notice, and Hearing If initiated by the filing of an amendment application: A. Process. The application shall be processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). B. Notice. Notice of the public hearings shall be provided in compliance with Chapter 20.64 (Public Hearings). C. Hearing. 1. The applicable review authority shall conduct one or more public hearings regarding the amendment. 2. The public hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings). October 2010 Newport Beach Zoning Code, Title 20 20.66 20.66.040 — Commission Recommendation Amendments The Commission shall recommend approval, approval with modifications, or denial of the amendment to the Council. A. Action by the Commission. 1. If approved or approved with changes, the Commission shall make and file a report of its findings and recommendations with the Council. 2. Failure of the Commission to take action on the proposed amendment shall be deemed to be denial of the proposed amendment by the Commission. B. Denial by the Commission. If the proposed amendment is denied by the Commission, no further action shall be taken, unless appealed to the Council in compliance with Chapter 20.64 (Appeals). 20.66.050 — Council Decision A. Time of hearing. The decision of the Council shall be rendered within 60 days after the receipt of a report and recommendation of approval from the Commission or within 60 days after the filing of an appeal of the Commission's action to deny the amendment. B. Notice of appeal. Notice shall be given to the Commission of the appeal, and the Commission shall submit a report of its findings and recommendations to the Council specifying the reasons for the Commission's decision. C. Council's decision. Upon receipt of the Commission's recommendation, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment. D. Referral. 1. If the Council proposes to adopt a substantial change to the amendment not previously considered by the Commission, the proposed change shall be first referred to the Commission for its recommendation. 2. Failure of the Commission to take action on the proposed change within 45 days shall be deemed to be approval of the proposed change by the Commission. 20.66.060 — Prezoning — Annexations A. Prezoning required. Before the annexation to the City of any property, the sponsor of an annexation shall file an application for prezoning of the subject property to be annexed and the City shall establish the zoning that will be in effect on the effective date of the annexation. B. Same as Zoning Code amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this Chapter for Zoning Code amendments. Newport Beach Zoning Code, Title 20 October 2010 Amendments NM. C. Compliance required. The zoning shall be in compliance with the General Plan and any applicable specific plan. 20.66.070 — Effective Dates An amendment to this Zoning Code shall become effective 30 days after approval by the City, or as stated in the adopting ordinance. October 2010 Newport Beach Zoning Code, Title 20 20.66 Amendments — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.68 — Enforcement Sections: 20.68.010 — Purpose 20.68.020 — Permits and Approvals 20.68.030 — Inspections 20.68.040 — Initial Enforcement Action 20.68.050 — Legal Remedies 20.68.060 — Additional Permit Fees 20.68.070 — Reinspection Fees 20.68.010 — Purpose This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of a planning permit or approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City. However, nothing contained within this Chapter shall prohibit the City from taking or initiating any other enforcement actions as provided for by this Code or other applicable law. 20.68.020 — Permits and Approvals A. Compliance with Zoning Code. All departments, officials, and employees of the City who are assigned the authority or duty to issue approvals or permits shall only do so in compliance with the provisions of this Zoning Code. B. Permits deemed void. An approval or permit issued in conflict with the provisions of this Zoning Code shall be deemed void. 20.68.030 — Inspections A. Pre - approval inspections. 1. Every applicant seeking a permit or any other action in compliance with this Zoning Code shall allow the City officials handling the application access to any premises or property that is the subject of the application. 2. Denial of access to conduct a pre - approval inspection may be independent grounds for denial. B. Post - approval inspections. 1. If the permit or other action is approved in compliance with this Zoning Code, the owner or applicant shall allow appropriate City officials access to all nonresidential structures in order to determine continued compliance with the approved permit and /or any conditions of approval imposed on the permit. 2. Denial of access to conduct a post - approval inspection may be independent grounds for revocation. October 2010 Newport Beach Zoning Code, Title 20 a •i 20.68.040 — Initial Enforcement Action Enforcement This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code. A. Objective of procedures. It is the objective of these procedures to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter or other applicable law may be avoided. B. Procedures are not exclusive. These procedures are not exclusive, and other enforcement procedures may be employed by the Director after or instead of these procedures where the Director determines that this Chapter would be ineffective in securing the correction of the violation(s) within a reasonable time. C. Notice of Violation. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation that shall include the following information: 1. A description of each violation and citations of applicable Zoning Code provisions being violated; 2. A time limit for correcting the violation; 3. A statement that the City may charge the property owner for all administrative costs associated with the abatement of the violations; and 4. A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violations. 20.68.050 — Legal Remedies A. Municipal Code Title 1. The City may choose to undertake any one or all of the following actions to correct and /or abate any nuisances or violations of this Zoning Code or as provided in the enforcement provisions specified in Municipal Code Title 1 (General Provisions). B. Revocations or changes. Any real property found to be used, maintained, or allowed to exist in violation of any permit(s) or Variance(s) approved by the City may subject the permit(s) and /or Variance(s) to revocation or change proceedings in compliance with this Subsection. 1. Revocations. The City's action to revoke a permit or Variance shall have the effect of terminating the permit or Variance and disapproving the privileges granted by the original approval. 2. Changes. The City's action to change or add any conditions attached to a permit or Variance instead of revoking it may include any aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and Newport Beach Zoning Code, Title 20 October 2010 a •i Enforcement maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be necessary to ensure that the permit or Variance is operated or implemented in a manner consistent with the original findings for approval. Hearings and notice. The original review authority for a permit or Variance shall hold a public hearing to consider the revocation or change to the permit or Variance. Ten days before the public hearing, notice shall be mailed or delivered in writing to the applicant for the permit or Variance being considered for revocation or change, and owner of the property for which the permit or Variance was granted. The only exception to the 10 -day notice provision shall be for Limited Term Permits that, because of their short-term nature, shall only require a 24 -hour notice. 4. Review authority's action. A permit or Variance may be revoked or modified by the original review authority, if the review authority first makes any one of the following findings: a. The permit or approval was issued in error or circumstances under which the permit or approval was granted have been modified to an extent that one or more of the findings that justified the original approval can no longer be made and the public health, safety, and welfare require the revocation or modifications; b. The permit or approval was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval; C. One or more of the conditions of the permit or approval have not been substantially fulfilled or have been violated; d. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or e. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance. 20.68.060 — Additional Permit Fees A person who establishes a land use, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining a permit or approval required by this Zoning Code, shall pay the additional permit fees established by the City's Master Fee Schedule for the correction of the violations, before being granted a permit or approval for a use or structure on the site. October 2010 Newport Beach Zoning Code, Title 20 a •i 20.68.070 — Reinspection Fees A. Amount and applicability of reinspection fee. Enforcement A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Zoning Code or the Municipal Code, adopted Building Code, or State law. a. The fee amount shall be established by the City's Master Fee Schedule. b. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter. 2. The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made. B. Continuation of the original case. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Zoning Code, the Municipal Code, or any permit or approval issued in compliance with this Zoning Code for less than 180 consecutive days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee. 2. This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Zoning Code or the Municipal Code. 3. The reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Zoning Code in compliance with Municipal Code Sections 1.04.010 (Violations, Penalties and Enforcement) and 1.05.020 (Authority and Fines), or costs incurred by the City for the abatement of a public nuisance. Newport Beach Zoning Code, Title 20 October 2010 Part 7 Definitions Table of Contents Chapter20.70 — Definitions ................................................................... ............................... 7 -3 20.70.010 — Purpose of Part .................................................................... ............................7 -3 20.70.020 — Definitions of Specialized Terms and Phrases ...................... ............................7 -3 "A" Definitions .......................................................................................... ............................7 -3 "B" Definitions ......................................................................................... ...........................7 -10 "C„ Definitions ......................................................................................... ...........................7 -12 "D" Definitions ......................................................................................... ...........................7 -15 "E" Definitions ......................................................................................... ...........................7 -19 "F Definitions .......................................................................................... ...........................7 -22 "G" Definitions ......................................................................................... ...........................7 -24 °H" Definitions ......................................................................................... ...........................7 -25 "I" Definitions ........................................................................................... ...........................7 -26 "J" Definitions .......................................................................................... ...........................7 -27 "K" Definitions ............... . ........... . ........................................................... . ............................ 7 -27 "L" Definitions .......................................................................................... ...........................7 -27 °M° Definitions ......................................................................................... ...........................7 -30 "N„ Definitions ......................................................................................... ...........................7 -33 "0" Definitions ......................................................................................... ...........................7 -35 „P" Definitions ............... . ........... . ........... . ........... . ........... . ........... . ........... . ........... . ................ 7 -36 „Q" Definitions ......................................................................................... ...........................7 -40 "R" Definitions ......................................................................................... ...........................7 -40 "S° Definitions ......................................................................................... ...........................7 -44 "T" Definitions .......................................................................................... ...........................7 -48 „U„ Definitions ......................................................................................... ...........................7 -49 "V" Definitions ......................................................................................... ...........................7 -50 "W„ Definitions ........................................................................................ ...........................7 -53 "X" Definitions ......................................................................................... ...........................7 -53 "Y" Definitions ......................................................................................... ...........................7 -53 "2" Definitions .......................................................................................... ...........................7 -54 October 2010 Newport Beach Zoning Code, Title 20 Part 7 — Definitions List of Figures Figure7 -1 -Lot Types ............................................................................. ...........................7 -29 Figure7 -2 - Setbacks .............................................................................. ...........................7 -45 Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.70— Definitions Sections: 20.70.010 — Purpose of Part 20.70.020 — Definitions of Specialized Terms and Phrases 20.70.010 — Purpose of Part This Part provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If the definitions in this Part conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this Part, or elsewhere in this Zoning Code, the most common dictionary definition is presumed to be correct. As used in this Zoning Code, the following terms and phrases shall have the meaning ascribed to them in this Part, unless the context in which they are used clearly requires otherwise. 20.70.020 — Definitions of Specialized Terms and Phrases "A" Definitions Abandon. To cease or suspend from developing or maintaining a structure or use for a stated period of time. ABC. See "Alcoholic Beverage Control." Abuttingladjoining. Contiguous to. Having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right -of -way, or street). See "Adjacent." Access. A safe, adequate, and usable way of approaching or entering a property or use, including ingress (the right to enter) and egress (the right to exit). Accessory Dwelling Unit (Land Use). See "Dwelling Unit, Senior Accessory." Accessory Structure (Land Use). Nonresidential Accessory Structure. An attached or detached structure that is a part of, and clearly incidental and secondary to, a nonresidential structure and that does not change the character of the nonresidential structure. Illustrative examples of these structures include: • decks • fences • garages October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions • gazebos • kiosks and carts for selling beverages, food, clothing, phones, toys, etc. • outdoor fireplaces • outdoor kitchens • outdoor play equipment • patios • platforms • porches • refuse collection structures /trash enclosures • spas and hot tubs • storage or work sheds • swimming pools • tennis and other on -site sport courts • terraces • walls • workshops Residential Accessory Structure. An attached or detached structure that is a part of, and clearly incidental and secondary to, a residence and that does not change the character of the residential structure. Does not include granny units (see "Accessory Dwelling Units"). Illustrative examples of these structures include: • carports • decks • fences • fireplaces and fire pits • garages • gazebos • greenhouses (noncommercial) • outdoor play equipment • patios • platforms • porches • spas and hot tubs • storage or work sheds • studios • swimming pools • tennis and other on -site sport courts • terraces • walls • workshops Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Accessory Use (Land Use). Nonresidential Accessory Use. A use that is at all times a part of, and clearly incidental and secondary to, a principal use; that does not change the character of the nonresidential use; and that does not necessitate an increase in required number of parking spaces. Includes the retail sales of various products or the provision of services in a defined area that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers; and that is typically not visible from public streets. Does not include Accessory Alcohol Sales, Off -Sale or On -Sale (see "Alcohol Sales "). Illustrative examples of these uses include: • ATMS • child day care • dry cleaning (collection /pick -up only) • food service establishments • gift shops • newsstands • pharmacies • travel services • vending machines • personal service, general Residential Accessory Use. A use that is a part of, and clearly incidental and secondary to, a residence; located on the same lot as a residence; and that does not change the character of the residential use. Illustrative examples of these uses include: • home occupations • personal property sales (i.e., garage or yard sales) Adjacent. The condition of being near to, or close to, but not having a common boundary or dividing line. Properties that are separated by a public access easement, alley, public or private right -of -way, street (other than arterial highways or commuter roadways identified in the Circulation Element of the General Plan), or by a creek, river, stream, or other natural or artificial waterway shall be considered as adjacent to one another. See "Abutting /adjoining." Adjoining. See "Abutting /adjoining." Adult Day Care (Land Use). See "Day Care." Adult- Oriented Businesses (Land Use). See Municipal Code Chapter 5.96 (Adult- Oriented Business). Affordable Housing Agreement. An agreement entered into between the City and a developer that restricts the rental or sale of affordable units to very low- income, low- income, and /or moderate - income households. See "Very Low Income Household," "Low Income Household," and "Moderate Income Household." Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see California Health and Safety Code Section 50052.5. October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Affordable Housing Implementation Plan (AHIP). A plan that specifies how a new residential development project will meet the City's affordable housing goal as stated in the Housing Element of the General Plan. An AHIP indicates what proportion of the total number of housing units in a new residential development project are affordable to very low- income, low- income, and moderate - income households. See "Very Low Income Household," "Low Income Household," and "Moderate Income Household." Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see California Health and Safety Code Section 50053. Affordable Unit. An ownership or rental housing unit, including senior housing, affordable to very low- income, low- income, and moderate - income households. See "Very Low Income Household," "Low Income Household," and "Moderate Income Household." Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Code. Airport Area. An area of the City that encompasses the properties adjacent to John Wayne Airport (JWA) and that is in close proximity to the Irvine Business Complex and University of California, Irvine as depicted on General Plan Figure LU22 (Airport Area). Alcohol Sales, Off -Sale (Land Use). An establishment that sells, serves, or gives away alcoholic beverages for consumption off the premises and that is applying for or has obtained an ABC License Type 20 (off -sale beer & wine - package store) or License Type 21 (off -sale general - package store). The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. Does not include an establishment that sells alcoholic beverages as an accessory line of merchandise. See "Alcohol Sales, Off -Sale, Accessory Only." Alcohol Sales, Off -Sale, Accessory Only (Land Use). An establishment that has all of the following characteristics: 1) Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away; 2) The establishment is applying for or has obtained an ABC License Type 20 (off - sale beer & wine - package store) or License Type 21 (off -sale general - package store); and 3) The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed 30 percent of the net floor area of the use. Illustrative examples include convenience markets, drug stores, grocery stores, and supermarkets, but do not include convenience markets. Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Alcohol Sales, On -Sale. An establishment that sells, serves, or gives away alcoholic beverages for consumption on the premises and that is applying for or has obtained any ABC Licenses for on -site consumption. The establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee. May include `Bars, Lounges, and Nightclubs," "Eating and Drinking Establishments," or "Alcohol Sales, On -Sale, Accessory Only." Alcohol Sales, On -Sale, Accessory Only (Land Use). An establishment that has all of the following characteristics: 1) Alcoholic beverages will be or are sold, served, given away for consumption on- site; 2) The establishment is applying for or has obtained a restricted license, seasonal license, or similar special purpose license (e.g., ABC License Type 51 (Club); ABC License Type 57 (Special On -Sale General); ABC License Type 60 (On- Sale Beer— Seasonal), etc.); and 3) The sale of alcoholic beverages is only accessory to a commercial recreation use. Illustrative examples include snack bars and concession stands at recreation facilities. 4) Not more than 30 percent of the net floor area of the primary use is dedicated to alcohol sales /display. Alcoholic Beverage. A fermented or distilled beverage including alcohol, spirits, liquor, wine, beer, and every other liquid or solid containing alcohol, spirits, wine or beer that contains one half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Alcoholic Beverage Control (ABC). California State Department of Alcoholic Beverage Control. Alley. A public or private roadway or easement, generally not more than 30 feet wide, that provides vehicle access to the rear or side of lots having other public street frontage and that is not intended for general traffic circulation. Allowed Use. A use of land identified by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) as a permitted or conditional use that may be established subject to compliance with applicable provisions of this Zoning Code. Alteration. A change, addition, or modification in construction or occupancy of an existing structure. Alteration, Structural. A change or replacement in the supporting members of a structure (e.g., bearing walls, columns, beams, girders, foundations, etc.). Alternative Transportation Modes. A mode of travel that serves as an alternative to the single- occupant motor vehicle (e.g., carpooling, ridesharing, vanpooling, public transit, bicycling, walking, etc.). October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Ambulance Services (Land Use). A privately -owned facility for the dispatch, storage, and minor maintenance of emergency medical care vehicles. Animal- Keeping (Land Use). Animal, Domestic Pet. A type of animal that is customarily kept by humans for companionship and that lives in or near human habitation (e.g., cats, dogs, gerbils, hamsters, guinea pigs, rabbits, nonpoisonous reptiles and snakes, etc.). Includes pot- bellied pigs. Animal, Domestic Farm. An animal, other than a household pet, that is customarily considered to be livestock and is kept for noncommercial education or recreation purposes (e.g., fowl, goats, pigs, sheep, horses, cattle, etc.). Does not include pot- bellied pigs. Animal, Wild. An animal that is not customarily confined or cultivated by man for domestic or commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as required in California Code of Regulations Title 14, Section 671 (Importation, Transportation and Possession of Live Restricted Animals). Animal Sales and Services (Land Use). Animal Boarding /Kennel. An establishment where more than 3 dogs over the age of four months, 3 cats over the age of four months, or three other animals are treated, conditioned, boarded, raised, or offered for sale for any form of compensation including donations by a person or entity. See Municipal Code Chapter 7.35 (Regulation of Kennels). Animal Grooming. An establishment that bathes, clips, or combs animals for the purpose of enhancing their aesthetic value or health. Animal Retail Sales. Retail sales and boarding of animals offered for sale. Veterinary Service. An establishment where veterinarians provide medical and surgical treatment to animals and accessory boarding services. Antenna. A device used to transmit and /or receive radio or electromagnetic waves between earth and /or satellite -based systems (e.g., reflecting discs, panels, microwave dishes, whip antennas, antennas, etc.) Amateur Radio Antennas. An antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. Antenna Structure. A supporting mast or tower for an antenna. Mast. A pole of wood or metal used to support an amateur radio antenna and maintain it at the proper elevation. Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Satellite Dish Antenna. A parabolic and /or disk shaped antenna of either solid or mesh construction, intended for the purposes of receiving communications from an orbiting satellite, transceiving or transmitting signals or communications to a satellite, as well as supporting equipment necessary to install or mount the antenna. Whip Antenna. An antenna, consisting of a single, slender, rod -like element less than 1 wavelength long, that is supported only at or near its base. Apartment. One or more rooms of a structure designed for and rented as the home, residence, or sleeping place of one or more persons living as a Single Housekeeping Unit, in a structure containing at least 5 units used for the same purpose, all under one ownership. See "Dwelling, Multi- Unit." Applicant. Owner(s) or owner - authorized lessee(s) of property, or prospective owner(s) / lessee(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits, or their agent(s) (see "Agent "), or who are seeking to obtain a development permit. This term includes the successor(s) -in- interest. Area Median Income. The median income, adjusted for family size, applicable to Orange County, established by the U.S. Department of Housing and Urban Development, and published annually by the California Department of Community Development in the California Code of Regulations, Title 25, Section 6932 (or its successor provision). Area, Net Public. The total area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. Artist's Studio (Land Use). Work space for artists and artisans, including individuals practicing one of the fine arts, or skilled in an applied art or craft, and producing custom -made works. Does not include handicraft industries (see "Handicraft Industries "). Assembly /Meeting Facilities, Public or Private (Land Use). A facility for public or private assembly and meetings. May include incidental serving of alcoholic beverages. Illustrative examples of these uses include: • banquet rooms • civic and private auditoriums • community centers • conference /convention facilities • meeting halls for clubs and other membership organizations • places of worship, including limited associated accessory uses (i.e., religious school activities that are not full -time and residences for clergy (see "Caretaker Residence "), and excluding schools with regular daily sessions • sports stadiums and arenas • yacht clubs Also includes functionally related internal facilities (i.e., kitchens, multi - purpose rooms, storage, etc.) Does not include conference and meeting rooms that are accessory and incidental to another principal use and typically used only by on -site employees and clients, and that occupy less floor area on the site than the principal use they support. Does not include sports or other October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions commercial entertainment facilities (see Commercial Entertainment and Recreation "). Does not include funeral homes and mortuaries (see "Funerals Homes and Mortuaries "). Related on -site facilities including day care centers and schools are separately defined (see "Day Care, General' and "Schools, Public and Private "). ATM (Automated Teller Machine) (Land Use). An automated device used by the public to conduct banking and financial transactions electronically (i.e., withdrawing cash from, or depositing cash or checks into, a bank, savings, credit union, credit card or similar account). Does not apply to retail point -of -sale transactions within a fully enclosed structure. Attic. An unfinished enclosed area that is not habitable and that is located between roof framing and the adjacent ceiling /side walls of immediately adjacent habitable rooms. Sometimes used for storage or mechanical equipment. Awning. An ornamental roof -like cover that is attached to the side or wall of a structure and projects over a window, doorway, or pedestrian walkway for protection from the sun or weather (see "Canopy" and 'Patio Cover "). "B" Definitions Balcony. A platform that projects from the wall of a structure, typically above the first level; is not supported by columns or pillars; and is surrounded by a rail or parapet. See "Deck." Bar. See "Eating and Drinking Establishments." Basement. Subterranean Basement. That portion of a building located below grade, provided the finished floor above is not more than 8 inches above grade at any point. Daylight Basement. That portion of a building that is partly below grade, but with the finished floor above more than 8 inches above grade at any point. Also includes a "walk- out' basement, which provides access from the basement to the outside. Bay Window. A window or series of windows that project outward from a wall of a structure forming a bay or alcove in a room within. This definition includes bow, oriel, greenhouse, and similar projecting windows. Beach. The expanse of sand, gravel, cobble, or other loose material that extends landward from the mean low water line to the place where there is distinguishable change in physiographic beach form, or to the line of permanent vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low water line. Bed and Breakfast Inns. See "Visitor Accommodations." Bedroom. An enclosed space in a structure that is designed to be used for sleeping purposes; that meets the room dimension requirements of the most recent edition of the California Building Code; that is not accessed directly from the garage; and that has one or more windows. M Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Berm. A mound or embankment of earth. Also a nearly horizontal portion of the beach or backshore formed by the deposit of material by wave action. Best Management Practices (BMPs). Activities, practices, facilities, and /or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges; and a program, technology, process, siting criteria, operational methods or measures, or engineered system that, when implemented, prevents, controls, removes, or reduces pollution. Examples of BMPs include public education and outreach, proper planning of development projects, as well as stormwater treatment and detention facilities. Block. An area of land that is bounded on all sides by streets, or by streets and a beach or bulkhead, or by streets and a cul -de -sac or by another form of termination of the street. Bluff. A high bank or bold headland that slopes down to a body of water or a plain. A bluff may consist of a gently sloping upper area and a steeper lower area. Bluff Edge. The upper termination of a bluff. In cases where the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes related to the presence of the steep bluff face, the bluff edge shall be defined as that point nearest the bluff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the bluff. In a case where there is a step like feature at the top of the bluff face, the landward edge of the topmost riser shall be taken to be the bluff edge. Bluff edges typically retreat landward due to erosion, landslides, development of gullies, or by grading (cut). In areas where the bluff top or bluff face has been cut or notched by grading, the bluff edge shall be the landward most position of either the current of historic bluff edge. In areas where fill has been placed near or over the historic bluff edge, the original natural bluff edge, even if buried beneath fill, shall be taken to be the bluff edge. Bluff Face. The downward gradient of a bluff surface between the bluff edge and the toe of the bluff. Bluff Toe. For bluffs subject to marine erosion, the point at which the landward extent of the mean high water line of the sea meets the face of the bluff. For bluffs not subject to marine erosion, the point where the downward slope of the bluff face first decreases to a grade of less than 33 %. Boarding or Rooming House. A residence or dwelling unit, or part thereof, wherein a room or rooms are rented under 2 or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. See "Group Residential." Boat Rentals and Sales. See "Marine Rentals and Sales." Boat Storage. See "Marine Services." Boat Yard. See "Marine Services." Buildable Area. The area of a development site, excluding the minimum front, side, and rear setback areas as applied to residential properties only. October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Building. A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. See "Structure." Building Code. Municipal Code Title 15 (Buildings and Construction). Building Materials and Services (Land Use). Retailing or wholesaling of building supplies or equipment (e.g., fixtures, glass, lawn and garden supplies, lumber, nursery stock, paint, tools, wallpaper, etc.) where the majority of display, sales, and storage activities occur indoors. Rental activities are incidental to the sales activities. Does not include "Contractor's Storage Yards," "Retail Sales, General," or "Wholesaling." Building Site. A lot and /or adjoining lots that constitute a site eligible for building development under the requirements of Municipal Code Title 19 (Subdivision Code) and this Zoning Code. Business Park. A development that contains a number of separate office buildings, accessory and supporting uses, and open space all designed, planned, constructed, and maintained on a integrated and coordinated basis. Bulk Merchandise (Land Use). See "Retail Sales." Bulkhead. Vertical walls built into and along the Harbor shoreline to prevent the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. Bulkhead Line. Harbor land /water perimeter lines that are established in Newport Harbor by the Federal government and for the purpose of defining the permitted limit of filling or solid structures that may be constructed in the Harbor. "C" Definitions Calendar Day. A 24 -hour time period measured from midnight to midnight. California Environmental Quality Act (CEQA). A State law (California Public Resources Code Section 21000 et seq.). Canopy. A roof -like cover, supported from the ground or from the floor or walls of a structure, for protection from the sun or weather. Does not include "Carport." See "Awning" and "Patio Cover." Caretaker Residence (Land Use). A permanent residence on the site of a nonresidential use. The residence is secondary or accessory to the principal nonresidential use of the site and houses a caretaker employed for security purposes or to provide 24 -hour care or monitoring of people, plants, animals, equipment, facilities, or other conditions on the site. Includes an official residence maintained by a place of worship as a benefit to the spiritual leader (e.g., imam, minister, monk, rabbi, etc.). Carport. A structure or portion of a structure, open or enclosed by walls or doors on not more than three sides, that is designed and intended to shelter 1 or more parking spaces. Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Carwash. See "Vehicle /Equipment Services (Land Use)." Catering Service (Land Use). An establishment that prepares and delivers food and beverages for off -site consumption, without facilities for on -site pick -up or consumption. See "Eating and Drinking Establishments." Certificate of Compliance. A certificate issued by the Director certifying that a lot was legally created, as described in Chapter 19.80 (Certificates of Compliance) in Municipal Code Title 19 (Subdivisions). Change of Use. A discontinuance of a use and the substitution of a different use. Child Day Care. See "Day Care." City. The City of Newport Beach. City Council. The City of Newport Beach City Council. City Manager. An individual designated by the City Council as City Manager, or a duly designated representative of the City Manager. Coastal Access. The ability of the public to pass from public rights -of -way to the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, coastal blufffops, and coastal recreation areas and trails. Commercial Filming. Commercial motion picture or video photography at the same location more than 6 days per quarter of a calendar year, as regulated by Municipal Code Chapter 5.46 (Regulation of Commercial Film Production). Commercial Recreation and Entertainment (Land Use). Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Does not include "Adult- Oriented Businesses" or `Bars, Lounges, and Nightclubs." Illustrative examples of commercial recreation and entertainment uses include: • arcades or electronic games centers having three or more coin - operated game machines • amusement parks • bowling alleys • billiard parlors • cinemas • golf courses • ice /roller skating rinks • internet cafes • miniature golf course • pool rooms • scale -model courses • sports stadiums and arenas • tennis /racquetball courts • theaters Commission. The City of Newport Beach Planning Commission, referred to in this Zoning Code as the "Commission." October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Common Interest Development. Any of the following: 1) A community apartment project; 2) A condominium project; 3) A planned development; or 4) A stock cooperative. Common Open Space. See "Open Space." Communication Facility (Land Use). An establishment that provides commercial and public communications services (e.g., radio and television broadcasting and receiving stations and studios, etc.) with facilities contained entirely within structures. Does not include transmission and receiving apparatus, including antennas and towers (see "Wireless Telecommunications Facilities'). Compatibility. The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. Elements affecting compatibility include: intensity of occupancy, pedestrian or vehicular traffic generated, volume of goods handled, and environmental effects (e.g., air pollution, glare, hazardous materials, noise, vibration, etc.). Conditional Use. A use of land identified by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) as being allowed in a particular zoning district subject to the approval of a Conditional Use Permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits). Condominium. A form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Includes a condominium project, community apartment project, or stock cooperative, as defined in California Civil Code Section 1351. Condominium Project. An entire lot proposed to be used or divided, as land or airspace, into two or more units as a condominium. Condominium Unit. The particular area of land or airspace that is designed, intended, or used for exclusive possession or control by individual owners or occupiers. Congregate Care Home (Land Use). Age- segregated housing built specifically for the elderly that provides services to its residents, the minimum of which is usually an on -site meal program, but which may also include housekeeping, laundry, social activities, counseling, and transportation (sometimes referred to as "assisted living facilities "). Does not include "Convalescent Facilities." Contour. A line on a topographic map or bathymetric (depth) chart representing points of equal elevation with relation to a datum (point or set of points). Contour lines are usually spaced into intervals for easier comprehension and utilization. Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Contractor's Storage Yards (Land Use). Indoor and /or outdoor storage facilities operated by, or on behalf of, a contractor licensed by the State of California (e.g., building contractors, landscape contractors, sign contractors, etc.) for storage of large equipment, vehicles, and /or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and structures for related offices and repair activities. Convalescent Facility (Land Use). An establishment that provides care on a 24 -hour basis for persons requiring regular medical attention (may also be referred to as a "nursing home" or "hospice "). Does not include facilities providing emergency medical services or surgical services ( "Emergency Health Facilities," "Hospitals," or Outpatient Surgery Facilities "). Convenience Market. A retail establishment that sells prepackaged food items, beverages and small convenience items (e.g., periodicals, tobacco, miscellaneous household and pharmaceutical goods, etc.) primarily for off -site consumption; that typically has late hours of operation; that is in a relatively small structure located along heavily traveled streets. This term excludes delicatessens and other specialty food shops and establishments that carry a sizeable assortment of fresh fruits, fresh vegetables, and fresh -cut meat or fish (see "Supermarket "). Includes an establishment located within or associated with another use (e.g., service stations). Conversion. For the purposes of Chapter 20.34 (Conversion or Demolition of Affordable Housing), a change of a residential dwelling, including a mobile home, to a condominium, cooperative, or similar form of ownership; or a change of a residential dwelling, including a mobile home, to a nonresidential use. County. The County of Orange in the State of California. Covered Parking Space. A parking space that is within a carport. Cultural Institution (Land Use). A public or private institution that displays or preserves objects of community or cultural interest in one or more of the arts or sciences. Illustrative examples of these uses include: • libraries • museums Cumulative Effect. The effect of an individual project in combination with the effects of past projects, other current projects, and probable future projects. "D" Definitions Day. Unless otherwise specified, a calendar day. See "Calendar Day." Day Care (Land Use). Nonresidential, nonmedical care and supervision of 14 or fewer persons on a less than 24 -hour basis. 1. Child Day Care. October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions a. Child Day Care, Small (8 or fewer children). Day care facilities located in single -unit dwellings where an occupant of the dwelling provides care and supervision for 8 or fewer children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility. b. Child Day Care, Large (9 to 14 children). Day care facilities located in single -unit dwellings where an occupant of the dwelling provides care and supervision for 9 to 14 children. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility. C. 15 or more children. See "Day Care, General' for facilities serving 15 or more children. 2. Adult Day Care. a. Adult Day Care, Small (6 or fewer adults). Day care facilities located in single -unit dwellings where an occupant of the dwelling provides care and supervision for 6 or fewer adults. b. Adult Day Care, Large (7 to 14 adults). Day care facilities located in single -unit dwellings where an occupant of the dwelling provides care and supervision for 7 to 14 adults. C. 15 or more adults. See "Day Care, General' for facilities serving 15 or more adults. Day Care, General (Land Use). An establishment that provides nonmedical care for persons on less than a 24 -hour basis, including nursery schools, preschools, and day care centers for children or adults. General day care establishments may be accessory to an industrial, commercial, or institutional use. Deck. A platform, either free - standing or attached to a structure that is supported by pillars or posts. See 'Balcony." Dedication. The conveyance by an owner or developer of private land for public use and the acceptance of land for public use by the governmental agency having jurisdiction over the public function for which it will be used. Dedication Fee, In -lieu of. Cash payments that may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot, and referred to as "in lieu fees" or "in lieu contributions." Demolition. For the purposes of Chapter 20.34 (Conversion or Demolition of Affordable Housing), the demolition of a residential dwelling, including a mobile home, or a mobile home lot in a mobile home park, that has not been declared to be a public nuisance under Health and Safety Code Section 17000 et seq. or under this Zoning Code or the Municipal Code. Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 2. For the purposes of all other Sections of this Zoning Code, the deliberate removal or destruction of the frame or foundation of a portion of a structure. Density. The number of dwelling units per unit of land; usually density is expressed "units per acre," or "minimum land area per unit." Thus, the density of a development of 100 units occupying 20 acres is 5 units per acre. Density Bonus. As defined by Government Code Section 65915 et seq., an increase over the maximum density otherwise allowed by the applicable zoning district that is granted to the owner /developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to very-low and low- income households. See "Very-Low Income Household" and "Low- Income Household." Detached Structure. See "Structure, Detached" and also "Dwelling Unit, Detached." Development. The division of a parcel of land into two or more lots; the construction, reconstruction, conversion, structural alteration, relocation, addition to, or enlargement of a structure; any mining, excavation, landfill or land disturbance, and any use or enlargement of use of land. See "Enlargement of Use." Development Permit. Authority granted by the City to use or develop a specified site for a particular purpose, as established by Part 5 (Planning Permit Procedures) of this Zoning Code. Director. The City of Newport Beach Planning Director or a duly designated representative of the Director, referred to as the "Director." Discretionary Decision. A decision requiring the exercise of judgment, with or without deliberation, on the part of the decision - making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision - making authority merely has to determine whether there has been conformity with fixed standards or objective measurements contained in applicable statutes, ordinances, or regulations. Examples of discretionary permits include Minor Use Permits, Conditional Use Permits, and Limited Term Permits. See "Ministerial Decision." Dormer. An extension projecting from the slope of a roof usually provided with its own roof and housing a window or series of windows. A dormer is located below the highest point of a roof. Examples of typical dormers include eyelid or eyebrow dormers (i.e., with an arched roof that gives it the appearance of an eyelid); gable dormers (i.e., with a gable roof); and shed dormers (i.e., with a shed roof). Drive - Through Facility (Land Use). Establishments that provide services accessible to persons who remain in their motor vehicles. Driveway. A designated passageway providing vehicular access between a street and a garage or carport, a designated parking area, or other driveway or street. A driveway shall not be considered a street. Drought - tolerant. Able to remain viable during a prolonged period with less than average precipitation. Duplex. See "Dwelling, Two - Unit." October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Dwelling, Multi -Unit (Land Use). A structure or development containing 3 or more dwelling units, each of which is for occupancy by one or more persons living as a Single Housekeeping Unit (see "Single Housekeeping Unit'). Includes: triplexes, (structures under one ownership with 3 dwelling units in the same structure), fourplexes (structures under one ownership with 4 dwelling units in the same structure) and apartments (5 or more units under one ownership in a single structure or complex) (see "Apartments'); and common ownership, attached unit projects including condominiums (see "Condominiums "). Also includes factory - built, modular housing units, constructed in compliance with the California Building Code (CBC), and mobile homes /manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, when placed on permanent foundation systems. Does not include duplexes (see "Dwelling, Two Unit'). Dwelling, Single -Unit (Land Use). A structure containing 1 dwelling unit located on a single lot for occupancy by one Single Housekeeping Unit (see "Single Housekeeping Unit'). Also includes factory - built, modular housing units, constructed in compliance with the California Building Code (CBC), and mobile homes /manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, when placed on permanent foundation systems. Attached Single -Unit Dwelling. A dwelling that is attached to another dwelling, excluding accessory dwellings. Each dwelling is owned in fee, located on an individual lot, and is joined to another dwelling along a single lot line. Each dwelling is totally separated from the other by an unpierced wall extending from ground to roof. Detached Single -Unit Dwelling. A dwelling that is not attached to another dwelling, excluding an accessory dwelling unit (see "Accessory Dwelling Unit'). The dwelling is owned in fee and is located on an individual lot. Dwelling, Two -Unit (Land Use). A structure(s) located on a single lot and containing 2 dwelling units, each of which is for occupancy by 1 Single Housekeeping Unit (see "Single Housekeeping Unit'). Also includes factory- built, modular housing units, constructed in compliance with the California Building Code (CBC), and mobile homes /manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, when placed on permanent foundation systems. Dwelling Unit. An area within a structure on a lot that: 1. Contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation and food preparation, and that has independent exterior access to ground level; or 2. Is being utilized for residential purposes by one or more persons separately or independently from occupants of other areas within the structure. Facilities for food preparation. A room or part of a room used, intended, or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall be considered as establishing a kitchen. The meaning of "kitchen" shall exclude a bar or butler's pantry. Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Independent access. An arrangement of dwelling units so that each dwelling unit has an entrance directly into the unit that is separate from the entrance into another unit. Dwelling Unit, Senior Accessory (Land Use). A dwelling unit accessory to and attached to, detached from, or contained within, the principal dwelling unit on a site zoned for a single - family dwelling. The unit is intended for the sole occupancy of 1 or 2 adult persons who are 55 years of age or older. The floor area of the unit does not exceed 640 square feet. "E" Definitions Easement. A grant of one or more property rights by the property owner for use by the public, or another person or entity. Examples include right -of -way easements, utility easements, or view easements. Typically easements are recorded against real property by an instrument or subdivision map. See "Right -of- Way." Eating and Drinking Establishments (Land Use). See also "Alcohol Sales, On -Sale" and "Drive- Through Facilities." Accessory Food Service. A type of food service establishment that: Sells food and /or beverages as an accessory use in a retail, office, or institutional structure; Does not change the character of the principal use; Does not sell, serve, or give away alcoholic beverage; Does not have an entrance separate from the principal use; and Has hours of operation that are the same as those of the principal use. Bar, Lounge, and Nightclub. An establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 [On Sale Beer & Wine - Public Premises], ABC License Type 48 [On Sale General - Public Premises], and ABC License Type 61 [On Sale Beer - Public Premises]). Persons under 21 years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. Fast Food. An establishment whose design or principal method of operation includes four or more of the following characteristics: A permanent menu board is provided from which to select and order food; 2. A chain or franchise restaurant; 3. Customers pay for food before consuming it; 4. A self- service condiment bar and /or drink service is /are provided; October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions 5. Trash receptacles are provided for self - service bussing; and 6. Furnishing plan indicates stationary seating arrangements. A fast food establishment may or may not have late hour operations (see "Late Hour Operations "). Alcoholic beverages are not sold, served, or given away on the premises. If alcoholic beverages are sold, served, or given away on the premises, the use shall be considered a food service use. See "Food Service." Food Service, No Late Hours. An establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on -site consumption, and that has all of the following characteristics: 1. Establishment DOES NOT have late hour operations (see "Late Hour Operations "); 2. Customers order food and beverages from individual menus; 3. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and 4. Customers pay for food and beverages after service and /or consumption. Food Service, Late Hours. An establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on -site consumption, and that has all of the following characteristics: 1. Establishment DOES have late hour operations (see "Late Hour Operations "); 2. Customers order food and beverages from individual menus; 3. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and 4. Customers pay for food and beverages after service and /or consumption. Late Hour Operations. Facilities that provide service after 11:00 p.m. Outdoor Dining, Accessory. An outdoor dining area contiguous and accessory to a food service establishment. Take -Out Service, Limited. An establishment that sells food or beverages and that has all of the following characteristics: 1. Sales are primarily for off -site consumption; 2. Customers order and pay for food at either a counter or service window; 3. Incidental seating up to 6 seats may be provided for on -site consumption of food or beverages; and M Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 4. Alcoholic beverages are not sold, served, or given away on the premises. Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and frozen dessert stores, small delicatessens, and similar establishments. Take -Out Service Only. An establishment that offers a limited variety of food or beverages and that has all of following characteristics: 1. Sales are for off -site consumption; 2. Seating is not provided for on -site consumption of food or beverages; and 3. Alcoholic beverages are not sold, served, or given away on the premises. Economic Life. The period of time during which a structure may reasonably be expected to perform the function for which it was designed or intended. For the purposes of this Zoning Code, the economic life of a structure shall be 75 years. Emergency Health Facility (Land Use). Establishments that provide emergency medical service (i.e., outside normal physician office hours or before a physician appointment is available) with no provision for overnight or continuing care on an inpatient basis. Also includes ,.urgent care" facilities and walk -in clinics. Does not include hospitals (see "Hospitals'). Emergency Shelter (Land Use). As defined in Health and Safety Code Section 50801(e), a facility with minimal supportive services for homeless persons. Emergency Work. Work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by a natural or man -made disaster. Encroachment. An intrusion of development on public property, on environmentally sensitive lands, or into required setback areas. Enlargement of Use. The expansion of a land use activity on a site or within a structure so that the use /activity occupies more floor or site area than before the expansion. Entertainment, Commercial. An establishment (indoors or outdoors) where entertainment is provided for a fee for the pleasure of the patrons, either independent of or in conjunction with another use. Entertainment and Excursion Vessel. See " "Marine Services." Environmental Assessment. A detailed statement that identifies the environmental effects and considerations pertaining to a project as specified in the California Environmental Quality Act, and may mean either a draft or a final EIR, or an Initial Study leading to a Negative Declaration. Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA). Establishment. A business. October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Exaction. A contribution or payment required as an authorized precondition for receiving a permit for development. Explosives. A substance defined as an explosive by Health and Safety Code Sections 12000 et seq., and for which a permit is required by the Health and Safety Code. See also "Hazardous Materials." "F" Definitions Fair Housing Laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and California's Fair Employment and Housing Act, as each Act may be amended from time to time, and each Act's implementing regulations. Family. One or more persons living together as a Single Housekeeping Unit in a dwelling unit. See "Single Housekeeping Unit ". Fast Food. See "Eating and Drinking Establishments." Fence. A structure, solid or otherwise, that is a barrier and used as a boundary or means of protection, confinement, or concealment. Does not include hedges, shrubs, trees, or other natural growth. Fill. Material (e.g., earth, clay, sand, concrete, rubble, wood chips, bark, waste, etc.), including pilings placed for the purpose of erecting structures, that is placed, stored, or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. Final Map. A subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3, (Government Code Section 66410 et seq.) that is used to complete the subdivision of five or more lots. See also "Parcel Map' and "Tentative Map." Financial Institutions and Related Services (Land Use). Establishments that solicit, receive, or accept money or its equivalent on deposit and loan money as a regular business. Typical examples include federal or state - regulated banks, savings and loan associations, savings banks, credit unions, and lending establishments, with automatic teller machines (ATMs) as an accessory use. Does not include mortgage broker, accounting, financial investment, or similar offices ( "Office, Business," "Office, Corporate," or "Office, Professional "). Finding(s). The result(s) of an investigation and the basis upon which decisions are made. Findings are used by government agents and bodies to justify action taken by the entity. Finished Floor /Surface. The surface of a floor after the final installation or application of floor coverings or other surfacing materials. Finished Grade. See "Grade, Finished." Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Floor Area, Gross. Single -Unit and Two -Unit Dwellings. For single -unit and two -unit dwellings, the following areas shall be included in calculations of gross floor area: a. The surrounding exterior walls; and b. Any interior finished portion of a structure that is accessible and that measures more than 6 feet from finished floor to ceiling. The following areas shall be excluded: a. Stairwells and elevator shafts above the first level. 2. Multi -unit residential, mixed -use, and nonresidential structures. For multi -unit residential, mixed -use, and nonresidential structures, the following areas shall be included in calculations of gross floor area: a. The surrounding exterior walls; and b. Any interior finished portion of a structure that is accessible and that measures more than 4 feet from finished floor to ceiling The following areas shall be excluded: a. Stairwells and elevator shafts above the first level; b. Outdoor dining areas associated with an eating and drinking establishment, and C. Parking structures associated with an allowed use within the same development. Floor Area, Net. The area included within the surrounding walls of a building, exclusive of vent shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical equipment used for service of the building, utility shafts, and parking structures. Floor Area Ratio (FAR). The gross floor area allowed on a site divided by the total gross area of the site, expressed in decimals. For example, on a site with 10,000 gross square feet of land area, a floor area ratio of 1.0 will allow a maximum of 10,000 gross square feet of building floor area to be built. On the same site, an FAR of 1.5 would allow 15,000 gross square feet of floor area and an FAR of 0.5 would allow 5,000 gross square feet. Floor Area Limit. The allowed gross floor area for a residential lot determined by multiplying the allowed buildable area of the lot times the applicable multiplier for the lot as provided in Chapter 20.18 (Residential Zoning Districts), Tables 2 -2 and 2 -3. Food Processing (Land Use). Establishments engaged in the manufacturing or processing of food or beverages for wholesale distribution. Food Service. See "Eating and Drinking Establishments." Fourplex. See "Dwelling, Multi- Unit." Frontage. See "Lot Frontage." Fuel Modification Zone. A strip of land where combustible native or ornamental vegetation must be modified and partially or totally replaced with drought - tolerant, fire - retardant plants. October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Funeral Homes and Mortuaries (Land Use). Establishments engaged in the provision of service involving the care, preparation, or disposition of human dead other than in cemeteries. May or may not include crematories and /or mortuaries. No internment is provided on site. May include areas for assembly services and living quarters for funeral home /mortuary manager (see "Caretaker Residence "). "G" Definitions Garage. A structure or portion of a structure, completely enclosed by walls or doors on all sides, that is designed or used to shelter 1 or more parking spaces. Does not include a carport (see "Carport"). Garage, Public. See "Parking Facilities, Commercial." Garage Sale. See "Personal Property Sales." Garage, Storage. See 'Vehicle/Equipment Services." Gazebo. A detached, covered, freestanding, open -air structure designed for recreational use only and not for habitation. See "Accessory Structure." General Plan. The City of Newport Beach General Plan, and all amendments thereto, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Zoning Code as the "General Plan." Governmental Facility (Land Use). A structure owned, operated, or occupied by the City or other governmental agency to provide a governmental service to the public (e.g., city hall, community recreation center, post office, library, etc.). Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project. Grade, Finished. The surface of the ground at a stated location as it exists after completion of a project. Grade, Natural. The unaltered natural surface of the ground at a stated location. Granny Unit. See "Accessory Dwelling Unit." Greenhouse Window. See "Bay Window." Gross Floor Area. See "Floor Area, Gross." Ground Floor. The first floor of a structure that is at ground level or street level. Does not include a "Basement." Group Residential. Shared living quarters, occupied by 2 or more persons not living together as a single housekeeping unit ( "Single Housekeeping Unit"). Includes, without limitation, boarding or rooming houses (see "Boarding or Rooming Houses'), dormitories, fraternities, Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 sororities, parolee - probationer homes (see "Parolee- Probationer Homes "), and private residential clubs. Excludes residential care facilities (see "Residential Care Facilities'). "H" Definitions Habitable Floor Area. An area that meets the requirements of the California Building Code (CBC) for sleeping, living, cooking, or dining purposes, excluding enclosed places (e.g., closets, bath or toilet rooms, hallways, laundries, pantries, storage spaces, utility rooms, etc.). Handicraft Industry (Land Use). Establishments engaged in on -site production of goods by hand involving the use of hand tools and small -scale equipment (e.g., drills and saws, hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels, etc.) and the incidental direct sale to consumers of only those goods produced on -site. Illustrative examples of these products include: • candles • ceramics • costume novelties • jewelry • mosaics • musical instruments • needlework Harbor. See "Newport Bay." • pottery • quilting • small glass, metal art, and craft products • sporting and athletic goods • stained glass • toys • wood carving Hazardous Materials. An injurious substance, including, but not limited to, pesticides, herbicides, toxic metals and chemicals, liquefied natural gas, explosives, volatile chemicals, nuclear fuels, and substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services. See also "Explosives." Health /Fitness Club (Land Use). Small. An indoor facility of 2,000 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle - building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and /or weight control. Examples of uses include Pilates, personal training, and yoga and studios. Large. A full service fitness center, gymnasium, or health and athletic club that is over 2,000 square feet in size and may include the following: aerobic classes and other indoor sports activities; indoor handball, racquetball, or tennis courts; locker rooms and showers; sauna, spa, or hot tub facilities; swimming pools, weight rooms; etc. Hearing Officer. A person designated to conduct hearings as provided in Chapter 20.60 (Administrative Responsibility), referred to as the "Hearing Officer." October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Hedge. A group of shrubs or trees planted in a line or in groups forming a compact, dense, barrier that protects, shields, separates, or demarcates an area from view. For purposes of this definition, a shrub is a perennial woody plant smaller than a tree, having multiple permanent stems branching from or near the base and lacking a single trunk; a bush. See "Fence." Height. A vertical dimension established and measured in compliance with Section 20.30.060 (Height Limits and Exceptions). Heliport and Helistop (Land Use). Heliport. An area used for the landing, parking, or takeoff of helicopters including operations facilities (e.g., fueling, loading and unloading, maintenance, storage, terminal facilities, etc.). Helistop. A single pad used for the landing, parking, or takeoff of one helicopter and other facilities as may be required by Federal and State regulations, but not including operations facilities (e.g., fueling, loading and unloading, maintenance, storage, terminal facilities, etc.). Home Occupation (Land Use). The conduct of a business within a dwelling unit or residential site occupied by a single housekeeping unit, with the business activity being incidental and clearly accessory to the principal residential use of the property. Does not include `Residential Care Facilities." See Section 20.48.110 (Home Occupations). Hospital (Land Use). An establishment that provides medical, surgical, psychiatric, or emergency medical services to sick or injured persons, on an inpatient or outpatient basis. Includes facilities for training, research, and administrative services for patients and employees. May include accessory pharmacy uses and food service uses. Does not include walk -in clinics ( "Emergency Health Facilities "). Hotel. See "Visitor Accommodations. "I" Definitions Impervious surface. Any surface or material that prevents, impedes, or slows infiltration or absorption of water directly into the ground, including buildings, asphalt, concrete, and other surfaces that do not readily absorb water. Individual with a Disability. As more specifically defined under the Fair Housing Laws (see "Fair Housing Laws'), a person who has a physical or mental impairment that limits one or more major life activities; a person who is regarded as having that type of impairment; or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. Industry (Land Use). Establishments engaged in the manufacturing of finished parts or products, either from raw materials or previously prepared materials, within an enclosed structure. Includes processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, sales, and distribution of the parts or products; and laundry and dry cleaning plants. Excludes vehicle /equipment rentals ( "Vehicle /Equipment Rentals "), Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 vehicle /equipment repair ( "Vehicle /Equipment Repair'), vehicle /equipment sales ( "Vehicle /Equipment Sales "), and vehicle /equipment services ( "Vehicle /Equipment Services'). Small. Establishments located in facilities that are 5,000 square feet or less in size. Large. Establishments located in facilities that are over 5,000 square feet in size. Marine - Related. Establishments primarily engaged in the manufacture of marine - related parts or products. Does not include "Boat Yards" (see "Marine Services "). Integral Facilities (Land Use). Any combination of two or more Residential Care (Small Licensed, Small Unlicensed, or General) facilities that may or may not be located on the same or contiguous lots, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be considered one facility for purposes of applying Federal, State, and local laws to its operation. Examples of Integral Facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Integral Uses (Land Use). Any two or more licensed or unlicensed residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such Integral Use shall be considered one use for purposes of applying Federal, State, and local laws to its operation. Intensity. Relative measure of development characteristics (e.g., number of dwelling units traffic generated, etc.). Invasive. See "Noninvasive Plant." "J" Definitions impact as defined by physical and operational per acre, amount of parking required, amount of Jurisdiction. The limits or territory within which a particular power may be exercised. "K" Definitions Kennel and Animal Boarding. See "Animal Sales and Services." "L" Definitions Laboratory (Land Use). An establishment that provides medical or dental laboratory services or photographic or analytical services. Other laboratories are classified under "Industry." October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Landscaping. An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, and associated decorative outdoor landscape elements. Landmark Structure. A structure constructed before December 12, 1950 and listed on the National Register of Historic Places. Landmark Theater. A structure constructed for use as a cinema or theater that has the following characteristics: 1. Constructed on or before December 12, 1950; 2. Contains a single screen or stage; 3. Designed to seat more than 300 people. Late Hour Operations. Facilities that provide service after 11:00 p.m. any day of the week. Live Entertainment. Entertainment provided by one or more live performers, including musical, theatrical, dance, cabaret, or comedy acts. For purposes of this definition, a disc jockey or a person whose performance consists of selecting or manipulating prerecorded music is considered a performer. Does not include "Adult Oriented Businesses." Does not include live, unamplified musical accompaniment to dining, in a restaurant by no more than 2 performers, including patrons, without dancing. See Municipal Code Chapter 5.28 (Live Entertainment Establishments). Amplified. The increase in the degree of sound level of voices or instruments through electronic devices and equipment (e.g., amplifiers, loudspeakers, microphones, etc.). Unamplified. Voices or instruments without sound boosting electronic devices and equipment. Live -Work Unit (Land Use). A structure or spaces within structures that are used jointly for commercial and residential purposes. Lot. The basic unit of land development. A designated area of land established by plat, subdivision, lot line adjustment, or as otherwise permitted by law, to be used, developed, or built upon as a unit. Typically a lot is indicated upon a final map, parcel map, lot line adjustment map, certificate of compliance, or record of merger filed in the Office of the County Recorder. Types of lots include the following. See Figure 7 -1 (Lot Types). Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot. The front lot line of a corner lot abuts the shortest street property line, unless otherwise determined by the Director. Flag Lot. A lot not meeting minimum lot frontage requirements and where access to the private or public street is provided by a narrow private access way that is between abutting lots and that is owned in fee. Interior Lot. A lot abutting only one street. Key Lot. An interior lot, the front of which abuts the side property line of a corner lot Newport Beach Zoning Code, Title 20 October 2010 Definitions Reversed Corner Lot. A corner lot, the rear of which abuts the side of another lot. 20.70 Through Lot. A lot with frontage on two generally parallel streets. May be an interior lot having frontage on more than one street or a corner lot having frontage on more than two streets. Waterfront Lot. A lot with one or more lot lines abutting the waterfront of Newport Bay, the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels in West Newport. THROUGH LOT F/pNl ••� N£A � CORNER LOT roRxRASRR u,m STREET Figure 7 -1 - Lot Types October 2010 Newport Beach Zoning Code, Title 20 o� g REVERSED CORNER ..� � FLAG LOT LOT REAR YA IMFagR AOFYARD KEYLOT W ROMYARO ._,._,._. ......... INTERIOR LOT THROUGH LOT F/pNl ••� N£A � CORNER LOT roRxRASRR u,m STREET Figure 7 -1 - Lot Types October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Lot Area. The total area within the exterior lines of a lot including public access corridors, vehicular easements, and areas to be included in future street rights -of -way or other public facilities or uses established by easement, dedication, or ordinance. Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line; or for irregularly shaped lots where the side lot lines converge to a point at the rear of the lot, the horizontal distance from the midpoint of the front lot line to a line 10 feet long within the lot, parallel to and at a maximum distance from the front lot line. Lot Frontage. The property line of a lot that abuts a street right -of -way. Lot Line. A recorded boundary of a lot. Types of lot lines include the following. Front Lot Line. On an interior lot, a lot line separating the lot from the street or the waterfront, if there is no street. For corner lots, the shortest side fronting upon a street is considered the front of the lot regardless of which street is used for vehicle or pedestrian access, or street address. Where two lot lines abutting a street are substantially the same length, the Director shall determine the location of the front lot line. Interior Lot Line. A lot line not abutting a street or alley. Rear Lot Line. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line and that does not intersect the front lot line. For irregularly shaped lots where the side lot lines converge to a point at the rear of the lot, the rear lot line is a line 10 feet long within the lot, parallel to and at a maximum distance from the front lot line Side Lot Line. A lot line that is not a front or rear lot line Lot Line Adjustment. As provided in the Subdivision Map Act (Government Code Section 66412(d)), a lot line adjustment relocates one or more lot lines between two or more existing adjacent lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than originally existed. Lot Width. The horizontal distance between the side lot lines, measured at right angles to the line that defines the lot depth at a point midway between the front and rear lot lines. Lounge. See "Eating and Drinking Establishments." Low - Income Household. A household whose income is between 50% and 80% of the Orange County median income ( "Area Median Income "), adjusted for actual household size, as determined by the California Department of Housing and Community Development. "M" Definitions Maintenance and Repair Services (Land Use). Establishments that provide home appliance and /or electronic or office equipment repair and maintenance, or building maintenance services. Does not include maintenance and repair of vehicles (see "Vehicle /Equipment Repair ") or boats, ships, or vessels (see "Marine Sales and Services'). M Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Marina (Land Use). A commercial berthing facility (other than moorings or anchorage) in which five or more vessels are continuously wet - stored (in water) and /or dry- stored (on land /racks) for more than 30 days. Marinas are regulated by Title 17. See Marina Support Facilities. Marine Activities Permit. A permit issued to commercial users of Newport Harbor in compliance with Municipal Code Title 17 (Harbor Code). Marina Support Facilities (Land Use). An on -shore facility (e.g., administrative offices, bathrooms, laundry facilities, storage lockers, picnic areas, snack bar, etc.) that directly supports a marina. Marine and Wildlife Preserve (Land Use). An area of land or water, essentially unimproved, that is set aside, dedicated, designated, or reserved for protection from an activity that would significantly alter the open space or passive recreational value or ecological integrity, balance, or character. Includes wetlands, vernal pools, floodplains, riparian forests, riparian corridors, and habitat for multiple species of wildlife; preserves, and lands that are in need of being preserved for their habitat and /or open space values. Does not include parks, playgrounds, and athletic fields for active recreational uses ( "Parks and Playgrounds "), or the same facilities that are privately- owned, or commercial facilities ( "Commercial Recreation and Entertainment'). Marine Rentals and Sales (Land Use). Establishments engaged in renting, selling or providing supplies and equipment for commercial fishing, pleasure boating, or related activities. Boat Rentals and Sales. An establishment that rents or sells vessels, including storage and incidental maintenance. See "Vessel." Does not include "Marine Services." 2. Marine Retail Sales. An establishment that provides supplies and equipment for commercial fishing, pleasure boating, or related activities. Examples of goods sold include navigational instruments, marine hardware and paints, nautical publications, nautical clothing (e.g., foul- weather gear), and marine engines. Does not include uses in which fuel for boats and ships is the primary good sold (see "Marine Services. "). Marine Services (Land Use). Boat Storage. Storage of operative or inoperative boats or ships. 2. Boat Yard. Construction, maintenance, or repair of boats or ships, including the sale, installation, and servicing of related equipment and parts. 3. Entertainment and Excursion Vessels. A vessel engaged in carrying passengers for hire for the purposes of entertainment or excursions (e.g., fishing, whale watching, diving, educational activities, harbor and coastal tours, dining /drinking, business or social special events and entertainment, etc.). See "Vessel." 4. Marine Service Station. A retail establishment that sells gasoline, diesel, and alternative fuels, lubricants, parts, and accessories for vessels and other convenience items. See "Vessel." October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions 5. Water Transportation Service. An establishment that provides vessels to carry passengers for hire who are traveling to destinations within and outside of Newport Harbor. See "Vessel." Market -Rate Unit. A dwelling unit in a residential project that is not an affordable unit. Massage. The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device. Massage Establishment (Land Use). See definition in Municipal Code Section 5.50.010. Massage Service, Accessory (Land Use). A massage establishment that is regulated by State law and operated as an accessory use in conjunction with an approved health club, athletic club, gym, or hotel or in conjunction with a medical office or chiropractic office. For the purpose of this definition, an accessory use shall mean a use that is not more than 25 percent of the floor area of the related health or athletic activities of the primary use. Does not include "Adult- Oriented Businesses." Master Fee Schedule. A resolution adopted by the City Council from time to time that sets fees for services provided by the City. Mean High Water. The 19 -year average of the higher high water heights. For diurnal tides, high water and higher water are the same. Mean Low Water. The 19 -year average of all low water heights (if the tide is either semidiurnal or mixed) or the lower low water heights if the tide is diurnal. For diurnal tides low water and lower low water are the same. Medical Clinic (Land Use). See "Offices, Medical and Dental (Land Use)." Merger. The process authorized by the Subdivision Map Act to combine two or more adjacent lots into a single lot of record. Ministerial Decision. A decision involving only the use of fixed standards or objective measurements and no exercise of discretion by the public official. Examples of ministerial permits include Zoning Clearances or Building Permits. See "Discretionary Decision." Mitigate. To ameliorate, alleviate, or avoid. Mitigated Negative Declaration. Same as a Negative Declaration, with the addition of identified mitigation measures and a mitigation monitoring program. Mitigation Measure. A measure imposed on a project to ameliorate, alleviate, or avoid adverse impacts on the environment. Consistent with Section 15370 of the State Guidelines for Implementation of the California Environmental Quality Act. Mobile Home. A trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over 8 feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single -Unit Dwelling." Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Moderate - Income Household. A household whose income is between 80% and 120% of the Orange County median income ( "Area Median Income "), adjusted for actual household size, as determined by the California Department of Housing and Community Development. Monitoring. The systematic collection of physical, biological, or economic data or a combination of these data in order to confirm or verify compliance regarding project operation or to evaluate project performance. Motel. See "Visitor Accommodations." Multi -Unit Dwelling. See "Dwelling, Multi- Unit." Municipal Code. The Municipal Code of the City of Newport Beach, as amended. "N" Definitions Nail Salon (Land Use). An establishment where 25 percent or more of the work stations are used to provide manicure and /or pedicure services. Natural Communities Conservation Plan (NCCP). A plan for multi- species habitat conservation that is a collaboration of federal and state resource agencies, local governments, special districts, and private property owners. The plan covers nearly 38,000 acres in coastal southern California. In July of 1996, the City became a signatory agency in the Orange County Central - Coastal NCCP Subregional Plan. NAVD 88. See "North American Vertical Datum of 1988." Negative Declaration. A written statement describing the reasons that a proposed project will not have a significant adverse effect on the environment and therefore does not require the preparation of an EIR, in compliance with the California Environmental Quality Act (CEQA). See "Mitigated Negative Declaration." Net Public Area. See "Area, Net Public." October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Newport Bay /Harbor. Back Bay. See "Upper Newport Bay' below. Lower Newport Bay. The area of the Bay southerly of the Coast Highway Newport Bay. The estuary consisting of the Lower Newport Bay and the Upper Newport Bay. The terms "Newport Bay' and "Newport Harbor" are often used interchangeably. Newport Harbor. The water area within the Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Marine Park. See "Newport Bay" above. Upper Newport Bay. The area of the Bay northerly of the Coast Highway Bridge. The terms "Upper Newport Bay' and 'Back Bay" are often used interchangeably. Nightclub. See "Eating and Drinking Establishments." Noise. An undesired sound. Nonconforming Lot. A lot that was legally created before the adoption of this Zoning Code or that legally existed at the time of annexation, and that does not conform to current Code provisions /standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the lot is located. Nonconforming Structure. A structure that was lawfully erected, but that does not conform to the property development regulations for the zoning district in which the structure is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City. Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but that does not conform to the use regulations for the zoning district in which it is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City. Noninvasive Plant. A plant that does not invade a habitat to the detriment of native species. North American Vertical Datum of 1988 (NAVD 88). A fixed reference for elevations determined by geodetic leveling created by the National Geodetic Survey. Nursery School /Pre - School. See "Day Care Facilities." Nursing Home. See "Convalescent Facilities." Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 "O" Definitions Off - Street Loading Facility. A site, or portion of a site, devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off - Street Parking Facility. A site, or portion of a site, devoted to parking of motor vehicles, including parking structures, parking spaces, aisles, access drives, and landscaped areas. See "Parking Facility." Offer to Dedicate (OTD). An offer by a landowner to grant a public access easement across their property for future public recreational use. Office, Business (Land Use). An office where common business services are provided to the general public (e.g., consumer services [e.g., auto club, entertainment ticket sales, etc.], insurance, investment, real estate, tax preparation, travel, utility company offices, etc.). Typically, these uses have a higher rate of walk -in traffic than a professional office and visits are often made without an appointment. Does not include "Financial Institutions and Related Services," "Office, Corporate," "Office, Professional," or "Postal Services.," Office, Corporate (Land Use). A use where internal administration services for large organizations (e.g., the headquarters, regional offices, or administrative offices for a corporation, etc.) are provided. Office, Medical and Dental (Land Use). A use where medical and /or dental services are provided. Includes facilities for the diagnosis and treatment of human patients and laboratories incidental to the office use. Office, Professional (Land Use). A use where professional services (e.g., accounting, architectural, engineering, legal, planning, psychological, psychiatric, etc.) are provided. Typically, these uses serve visitors on an appointment only basis and walk -in traffic is minimal. Does not include "Assembly /Meeting Facilities," "Financial Institutions and Related Services," "Office, Business," "Office, Medical and Dental," or "Postal Services." Open Space (Land Use). A lot or area of land or water set aside, designated, dedicated, or reserved for public or private use or enjoyment. Common Open Space. The land area within a residential development that is not individually owned or dedicated for public use and that is designed, intended, and reserved exclusively for the shared enjoyment or use by all the residents and their guests. Does not include enclosed spaces /facilities (e.g., community center, meeting rooms, etc.). Illustrative examples include: • areas of scenic or natural beauty • barbecue areas • habitat areas • hiking, riding, or off- street bicycle trails • landscaped areas • play areas • swimming pools • tennis courts • turf areas October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Private Open Space. An outdoor or unenclosed area directly adjoining and accessible to a dwelling unit, reserved for the exclusive private enjoyment and use of residents of the dwelling unit and their guests (e.g., balcony, deck, porch, terrace, etc.). Boundaries are evident through the use of fences, gates, hedges, walls, or other similar methods of controlling access and maintaining privacy. Usable Open Space. An outdoor or unenclosed area within a residential development on the ground, or on a roof, balcony, deck, porch or terrace, designed and accessible for outdoor living, active or passive recreation, pedestrian access, or landscaping. Parking facilities, driveways, utility or service areas, required front or street side setback areas, and sloped or submerged land do not constitute usable open space. Outdoor Dining, Accessory. See "Eating and Drinking Establishments." Outdoor Storage and Display (Land Use). The storage of various materials outside of a building, either as an accessory or primary use. Outpatient Surgery Facility (Land Use). An establishment, separate from or not within a hospital, that offers planned surgical procedure(s) on an outpatient basis, with no overnight stays. See "Overnight." Overnight. The period between 6:00 p.m. of one day and 7:00 a.m. of the next day. See "Day." "P" Definitions Parcel. See "Lot." Parcel Map. The subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Government Code Section 66410 et seq.), which is required to complete a subdivision of 4 or fewer lots. See also "Final Map" and 'Tentative Map." Parking facility. An area or structure used for the parking of motor vehicles as a commercial enterprise. Parking, Shared. A public or private parking area used jointly by two or more uses. Parking Structure (Land Use). A structure that is open for public use for parking of motor vehicles; that is composed of one or more levels; and that may be totally below grade (as in an underground parking garage) or either partially or totally above grade. A fee may or may not be charged. Does not include "Garages" or "Carports." Parking Space. An unobstructed space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of 1 motor vehicle. Parking Space, Enclosed. A parking space that is in a garage that is enclosed on 4 sides. Parking Space, Tandem. A pair of parking spaces (i.e., 2 spaces) arranged one behind the other. Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Parks and Recreational Facilities (Land Use). Recreation, Active. A type of outdoor recreation or activity that requires the use of organized play areas (e.g., baseball, football, softball, and soccer fields; swimming pools; tennis and basketball courts; children's play equipment, etc.). Recreation, Passive. A type of outdoor recreation or activity that can be carried out with little alteration or improvement to existing topography of a site, with the use of existing natural resources, and with a minimal impact (e.g., bicycling, hiking, jogging, walking, bird - watching, picnicking, etc.) Parolee- Probationer. A parolee - probationer includes: (i) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; (ii) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (iii) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (iv) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, state, or County parole or probation officer. For the purposes of this definition, "felony" means a felony as defined by any California or United States statute. Parolee- Probationer Home (Land Use). Any residential structure or dwelling unit, whether owned and /or operated by an individual or a for - profit or nonprofit entity, which houses 2 or more parolees- probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and /or paid by the parolee - probationer and /or any public or private entity or person on behalf of the parolee - probationer. Patio. A paved outdoor area that is used for lounging, dining, etc. Patio Cover. A solid -roof or open -roof structure that covers a patio, platform, or deck area. A patio cover may be detached from, or attached to, another structure. See "Awning" and "Canopy." Person. An individual, organization, partnership, limited liability company, or other business association or corporation, including a utility, and a federal, state, local government, or special district or agency. Personal Property Sales (Land Use). The sale or offering for sale to the general public of miscellaneous personal property, as regulated by Section 20.48.150 (Personal Property Sales). The term "personal property sales" includes "estate sales," "garage sales," "lawn sales," and "yard sales." Does not include "sidewalk sales' (see "Outdoor Storage and Display. "). October 2010 Newport Beach Zoning Code, Title 20 20.70 Personal Services (Land Use). Definitions General. Establishments that provide recurrently needed services of a personal nature. Illustrative examples of these uses include: • barber and beauty shops • clothing rental shops • dry cleaning pick up stores with limited equipment • laundromats (self service laundries) • locksmiths • shoe repair shops • tailors and seamstresses These uses may also include accessory retail sales of products related to the services provided. Restricted. Personal service establishments that may tend to have a blighting and /or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts, including: • day spas • healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under "Massage Establishments" • tanning salons • tattoo services and body piercing studios These uses may also include accessory retail sales of products related to the services provided. Personal Storage (Mini- Storage) (Land Use). A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces. Pervious surface. Any material or surface that permits infiltration, percolation, or absorption of water into the ground through the material or surface. Pharmacy, Medical Supplies (Land Use). An establishment that sells medical equipment and supplies for home health care (e.g., scales, walking aids, bathroom safety aids; skin and personal care products; braces, supports, and splints; bandages and tape; etc.) Planning Commission. The Newport Beach Planning Commission, referred to throughout this Zoning Code as the "Commission." Planning Director. See "Director." Newport Beach Zoning Code, Title 20 October 2010 Definitions Porch. 20.70 Enclosed Porch. (Also known as screened -in porches or three - season rooms). A platform projecting from or attached to a wall of a building that: 1. Has direct access to a building; 2. Is covered by a roof or roof -like structure; 3. May or may not be heated or cooled; and 4. Is enclosed by a. Walls; b. Permanent or removable windows or screens; or C. A combination of walls and windows /screens. Open Porch. A platform projecting from or attached to a wall of a building that: 1. Has direct access to a building; 2. Is covered by a roof or roof -like structure; 3. Is not heated or cooled; 4. Is open to the outside air; and 5. Is not enclosed by a. Walls; b. Permanent or removable windows or screens; or C. A combination of walls and windows /screens. Open porches may be partially enclosed by a railing(s) not to exceed 42 inches in height as measured from the porch floor and may include columns for the purpose of supporting the roof or roof -like structure. Postal Service (Land Use). An establishment that provides commercial postal services directly to the customer, including letter and parcel mailing, post office box rental, and related services. Predominant Line of Development. The most common or representative distance from a specified group of existing structures to a specified point or line (e.g. topographic line or geographic feature). For example, the predominant line of development for a block of existing homes on a coastal bluff (a specified group of structures) could be determined by calculating the median distance (a representative distance) these structures are from the bluff edge (a specified line). October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Principal Structure. A structure in which the principal use of the lot and /or building site is conducted. Principal Use. The predominant use of a lot, building, or structure Printing and Duplicating Services (Land Use). Establishments that provide printing and duplicating services using blueprint, photocopy, and offset printing and similar equipment, including small -scale photo processing. Does not include photographic laboratories and industrial printing and publishing plants. Project. An enterprise involving the development, structural modification, or redevelopment of commercial, industrial, mixed -use, residential, or other properties. Public Park and Playground (Land Use). Land owned or operated by a municipality, school district, county, state, or other governmental unit and designed to serve the recreation needs of the residents of the City. Includes parks, play lots, playgrounds, athletic fields, sports courts. May also include passive outdoor recreation areas that are located in conservation areas ( "Conservation Areas'). Does not include the same facilities that are privately -owned or commercial facilities ( "Commercial Recreation and Entertainment'). Public Trust Lands. All lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public Trust Lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the Public Trust at any time (California Code of Regulations, Section 13577). See "Submerged Lands" and "Tidelands." Public View. A vista of features seen from a public vantage point as identified in General Plan Figure NR 3., including bodies of water, beaches, coastline, islands, ridges, bluffs, canyons, geologic features, and landmarks. The term "view" does not mean an unobstructed panorama of these features. "Q" Definitions Queue Space. A temporary waiting area for motor vehicles or persons obtaining a good or service. "R" Definitions Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational, emergency, or other occupancy. Recreational Vehicle (RV) Park. See "Visitor Accommodations." Recycling Facilities (Land Use). A variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and MNewport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Litter Reduction Act of 1986. Recyclable material includes reusable materials that can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site. Collection facility (large). A facility that occupies an area of more than 350 square feet and /or includes permanent structures where the public may donate, redeem, or sell recyclable materials. Collection facility (small). A facility that occupies an area of 350 square feet or less where the public may donate, redeem, or sell recyclable materials. Research and Development (Land Use). General. Establishments engaged in industrial or scientific research, including product testing. Includes electronic research firms or pharmaceutical research laboratories. Excludes manufacturing, except of prototypes, and medical testing and analysis. Restricted. Research and development establishments that engage in activities that may involve the use of potentially hazardous materials, flammable substances, or chemical compound mixtures or devices; that may result in hazardous waste byproducts, conditions commonly recognized as offensive; that may involve testing on animals; or that may require special handling protocols or security measures. Residential Care Facilities (Land Use). General Licensed (7 or more persons). A place, site or building, or groups of places, sites or buildings, licensed by the State, in which 7 or more individuals with a disability reside who are not living together as a single housekeeping unit (see "Single Housekeeping Unit ") and in which every person residing in the facility (excluding the licensee, members of the licensee's family, or persons employed as facility staff) is an individual with a disability. Does not include "Group Residential." General Unlicensed (7 or more persons). A place, site or building, or groups of places, sites or buildings, which is not licensed by the State, and is not required by law to be licensed by the State, in which 7 or more individuals with a disability reside who are not living together as a single housekeeping unit (see "Single Housekeeping Unit ") and in which every person residing in the facility (excluding persons employed as facility staff) is an individual with a disability. Does not include "Group Residential." Limited Licensed (6 or fewer persons). State licensed facilities that provide care, services, or treatment in a community residential setting for 6 or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes. Small licensed residential care facilities shall be subject to all land use and property development regulations applicable to single housekeeping units (see "Single Housekeeping Unit "). Does not include "Group Residential." October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Small Unlicensed (6 or fewer persons). A place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, in which 6 or fewer individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding persons employed as facility staff) is an individual with a disability. Does not include "Group Residential." Restaurant. See "Eating and Drinking Establishments." Retail Sales (Land Use). General. Retail establishments, completely enclosed within structures, engaged in selling goods or merchandise to the general public. Examples of these establishments and lines of merchandise include: • antiques • appliances • artists' supplies • automotive parts and accessories • bakeries (retail only) • bicycle sales and rentals • books • cameras and photographic supplies • carpeting and floor covering • clothing and accessories • convenience market • drug and discount stores • electronic equipment • fabrics and sewing supplies • florists and houseplant stores (indoor sales only) • gift shops • grocery store • handcrafted items • hardware • hobby materials • jewelry • kitchen utensils • locksmiths • luggage and leather goods • medical supplies and equipment • musical instruments, parts and accessories • newsstands • office supplies • orthopedic supplies • paint and wallpaper • pharmacies • religious goods • secondhand clothing sales • shoe stores • small wares • specialty food and beverage • specialty shops • sporting goods and equipment • stationery • supermarket • tobacco • toys and games • travel services Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Bulk Merchandise. Retail establishments engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of the goods. Bulk retail is differentiated from general retail by either of the following characteristics: A high volume of sales of related and /or unrelated products in a warehouse setting (i.e., "big box" retail). 2. The sale of goods or merchandise that require a large amount of floor space and that are warehoused and retailed at the same location. Examples of items for sale include: • Electrical and heating fixtures and supplies • Furniture • Groceries • Household appliances • Household furnishings • Household products • Lumber • Nursery stock • Personal care products Does not include "Marine Sales ", "Warehousing," "Wholesaling," or "Vehicle Sales." Retaining Wall. A wall used to support or retain an earth embankment or area of fill Review Authority. The individual or official City body identified by this Zoning Code as having the responsibility and authority to review and approve or disapprove ministerial and discretionary permit applications described in this Zoning Code. Includes Newport Beach City Council ( "Council "), the Planning Commission ( "Commission "), the Hearing Officer ( "Hearing Officer') the Planning Director ( "Director "), the Zoning Administrator ( "Zoning Administrator "), the Planning Department ( "Department "), the City Traffic Engineer, and Public Works Director.. Right -of -Way. An area of land acquired by reservation, dedication, prescription, or condemnation for public road, crosswalk, pedestrian walkway, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses. Riparian. Consists of trees, shrubs, or herbs that occur along watercourses or water bodies. The vegetation is adapted to flooding and soil saturation during at least a portion of its growing season. October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions "S" Definitions Schools, Public and Private (Land Use). A public or private academic educational institution or schools providing specialized education /training Illustrative examples of these uses include: • art school • boarding school • business, secretarial, and vocational school • community college, college, or university • computers and electronics school • culinary arts • dance school • drama school • driver education school • elementary, middle, or high schools • language school • military academy • music school • photography school • professional school (law, medicine, etc.) • seminaries /religious ministry training facility • tutoring centers Also includes facilities that offer specialized programs in personal growth and development (i.e., arts, communications, diet centers, environmental awareness, management, etc.). Does not include part -time religious instruction at places of worship or preschools and child day care facilities (see "Day Care, General'). See "Studio - Art, Dance, Martial Arts, Music, etc." School, related to medical professions (Land Use). An establishment that provides specialized on -site training of technical medical skills (e.g. anesthesiology technician, cardiovascular technician, dental assistant, emergency medical technician, medical laboratory technician, MRI technician, optical technician, pharmacy technician, phlebotomy technician, ultrasound technician, x -ray technician, etc.). Screening. A landscaping treatment or a decorative structure to visually conceal an area or on- site utilitarian use that is considered unattractive. Second Unit. A dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site. Does not include "Senior Accessory Dwelling Unit." Security. Bonds, cash deposits, letters of credit, and /or other instruments acceptable to the City that are used to guarantee specific performance. Senior Accessory Dwelling Unit. See "Dwelling Unit, Senior Accessory." Senior Citizen Housing. An age- restricted multi - family residential development designed and intended to be principally occupied by senior citizens (i.e., a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development). The development may include a congregate meals program in a common dining area. Does not include "Convalescent Facility." Senior Citizen Housing Development. A residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons 55 years of age or older) that has at least 35 dwelling units and that conforms to Civil Code 51.3(b)(4). Service Station. See "Vehicle /Equipment Services." Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Service Station Fueling Space. A temporary parking space immediately adjacent to a fuel dispensing unit. Setback. The distance by which a structure, parking area, or other feature must be separated from a lot line or other designated point or line. See "Setback Area" and Figure 7 -2 (Setbacks). Sheet s setback --- -- -- - -- --1 Rear setback T — — T — — I--- Y__. 1 Interim I Side setback Front setback I Sight distance area Figure 7 -2 - Setbacks Front lot line Setback Area. An area within a lot that is established for the purpose of governing the location of structures on a lot. A setback area is located between a setback line and the nearest relevant parallel lot line and is unobstructed and unoccupied from the ground upward, except for encroachments allowed in compliance with Section 20.30.110 (Setback Regulations and Exceptions). See Figure 7 -2 (Setbacks). See "Yard." Front Setback Area. An area that extends across the full width of a lot between the front lot line and the required front setback line. Rear Setback Area. An area that extends the full width of a lot between the rear lot line and the required rear setback line. Side Setback Area. An area that extends from a front setback line to a rear setback line between the side lot line and the required side setback line. Setback Line. Within a lot, a line established to indicate the boundary of a specified front, side, or rear setback area. A setback line may be parallel to and equidistant from a lot line (front, back, and side) or from a current or future public right -of -way, whether acquired in fee, October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions easement, or otherwise; or may be coterminous with the lot line. See the development standards tables in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) for the minimum required horizontal distance between a lot line and a setback line. See "Lot Line." Shoreline. Intersection of the sea with land; the line that delineates the shoreline on nautical charts and surveys published by the National Oceanic and Atmospheric Administration and that approximates the mean low water line from the time the chart was prepared. Short -Term Lodging (Land Use). See "Visitor Accommodations — Residential." Signs. See Chapter 20.42 (Sign Standards). Single Housekeeping Unit. The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities (e.g., meals, chores, household maintenance, expenses, etc.) and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager. Single -Unit Dwelling. See "Dwellings." Site. A lot or adjoining lots under single ownership or single control, considered as a unit for the purposes of development or other use. Site Coverage. The percentage of a site covered by structures and accessory structures and by decks more than 30 inches in height. Site Plan. A drawing of a lot, drawn to scale, showing the actual measurements, the size and location of existing structures or structures to be erected, the location of the lot in relation to abutting streets, and other information. Skylight. The portion of a roof that is glazed to admit daylight, including the mechanical fastening required to hold the glazing and to provide a weatherproofing barrier. Slope. Land gradient described as the vertical rise divided by the horizontal run, and expressed in percent or ratio. Slope is determined using the following equation: Slope = (V / H) x 100, where V = vertical distance between the highest elevation and lowest elevation of a straight line drawn perpendicular to the sloping surface; H = horizontal distance of a straight line drawn perpendicular to the sloping surface. Smoking Lounge (Land Use). An establishment that is dedicated, in whole or part, to providing tobacco or other substances for smoking by patrons on the premises for a fee, including but not limited to establishments known as cigar lounges, hookah lounges, tobacco clubs, or tobacco bars. Does not include a "retail or wholesale tobacco shop," which sells tobacco products and smoking accessories, but does not provide for on premises use of tobacco produces. Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Solar Equipment. A solar collector or solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, water heating, or for power generation. Solid Waste. Garbage, refuse, rubbish, or other discarded materials, including garbage with insufficient liquid content to be free flowing, generally disposed of in landfills or incinerated. Special Events (Land Use). See Municipal Code Chapter 11.03 (Special Events). Specific Plan. Under Government Code Section 65450 et seq., a policy statement and implementation tool adopted by the City Council that addresses a single project or planning problem. A specific plan may include detailed regulations, conditions, programs, and /or proposed legislation that may be necessary or convenient for the systematic implementation of a General Plan element(s). Stream. A topographic feature that at least periodically conveys water through a bed or channel having banks. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation. Street. A public or private vehicular right -of -way (e.g., local streets, commuter roadways, arterials, etc.), but not including alleys, driveways, or off -road bikeways. See "Right -of- Way." Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above and, for the top -most story, from the upper surface of the floor to the top of the ceiling joists, or where there is no ceiling, to the top of the roof rafters. Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Includes `Building." Structure, Attached. A structure that is connected to another structure by means of a wall, roof, stairway, atrium, breezeway, or other structural connection. Structure, Detached. A structure that does not have a wall or roof in common with another structure. Studio - Art, Dance, Martial Arts, Music, etc. (Land Use). A small -scale instructional facility that typically accommodates one student or a group of students at a time, in no more than one instructional space. Examples of these small -scale facilities include: instruction and training in the arts, martial arts, gymnastics, etc.; photography and the processing of photographs produced only by users of the studio facilities; production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists. Larger facilities are included under the definition of "Schools — Public and Private." These uses may also include accessory retail sales of products related to the services provided. Submerged Lands. Lands that lie below the line of mean low tide (from California Code of Regulations, Section 13577). See "Public Trust Lands." Subdivision, See Municipal Code Title 19 (Subdivisions) October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions Subdivision Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410, as amended, regarding the subdivision of real property. Supermarket. A retail establishment that generally maintains a minimum gross floor area of 10,000/15,000 square feet and carries a broad range of food products (e.g., fresh fruits; fresh vegetables; baked goods, meat, poultry, and /or fish products; frozen foods; processed and prepackaged foods, etc.). May include accessory uses (coffee kiosks, ATM's, banks, etc.). Does not include "Convenience Market." Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, as defined by Section 53260(d) of the California Health and Safety Code, and that is linked to onsite or offsite services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in "Single -, Two -, or Multi - Family Dwelling Units ", "Group Residential ", "Parolee- Probationer Home', "Residential Care Facilities ", or "Boarding House" uses shall be permitted, conditionally permitted or prohibited in the same manner as the other "Single -, Two- or Multi - Family Dwelling Units ", "Group Residential ", "Parolee- Probationer Home ", "Residential Care Facilities', or "Boarding House" uses under this Code. Surface, Finished. See "Finished Surface." Sustainable Development. A pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but in the indefinite future. "T" Definitions Take -Out Service. See "Eating and Drinking Establishments." Tandem Parking Space. See "Parking Space, Tandem." Temporary Events (Land Use). See Section 20.52.040 (Limited Term Permits). Does not include Special Events (see "Special Events "). Temporary Structures (Land Use). See Section 20.52.040 (Limited Term Permits). Temporary Uses (Land Use). See Section 20.52.040 (Limited Term Permits). Tentative Map. A subdivision map prepared in compliance with the Subdivision Map Act, (Government Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided before approval of a Final Map. See also "Final Map" and "Parcel Map." Tidelands. Lands that are located between the lines of mean high tide and mean low tide (from California Code of Regulations, Section 13577). See "Public Trust Lands." Time Share Facility (Land Use). See "Visitor Accommodations." Traffic Safety Area. A triangular area as described in Section 20.30.130 (Traffic Safety Area). M Newport Beach Zoning Code, Title 20 October 2010 Definitions 20.70 Transitional Housing. Rental housing operating under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient program at some predetermined future point in time, which shall be no less than six months. Transitional housing that is provided in "Single -, Two -or Multi - Family Dwelling Units ", "Group Residential", "Parolee- Probationer Home', "Residential Care Facilities ", or "Boarding House' uses shall be permitted, conditionally permitted or prohibited in the same manner as the other "Single -, Two -, or Multi - Family Dwelling Units ", "Group Residential', `Parolee- Probationer Home', "Residential Care Facilities', or "Boarding House" uses under this Code. Transportation Demand Management (TDM). A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways and /or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone on the roadway during the commute period and to increase the number in carpools, vanpools, buses and trains, walking, and biking. TDM can be an element of Transportation Systems Management (TSM) (see "Transportation Systems Management (TSM) "). Transportation Systems Management (TSM). Individual actions or comprehensive plans to reduce traffic congestion by increasing the efficiency of the transportation system itself. Examples include improved traffic signal timing, coordination of multiple traffic signals, or spot improvements that increase capacity of the roadway system. Triplex. See `Dwelling, Multi- Unit." Tsunami. A long period wave, or seismic sea wave, caused by an underwater disturbance (e.g., volcanic eruption, earthquake„ etc.). Two -Unit Dwelling. See "Dwelling, Two- Unit." "U" Definitions Unit. See "Dwelling Unit." Usable Open Space. See "Open Space." Use. The purpose for which land or a structure is, arranged, designed, intended, maintained, or occupied. Utilities (Land Use). Major. Generating plants, electrical substations, above - ground electrical transmission lines, lone switching structures, refuse collection, transfer recycling or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. The facility may have a significant effect on surrounding uses. Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures (e.g., electrical distribution lines, underground water lines, underground sewer lines, etc.). October 2010 Newport Beach Zoning Code, Title 20 20.70 "W Definitions Definitions Variance. A discretionary entitlement that waives or relaxes the development standards of this Zoning Code, in compliance with Section 20.52.090 (Variances). Vehicle /Equipment Rentals (Land Use). General. Rental of automobiles, construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment, including on -site storage and incidental maintenance that does not require pneumatic lifts. Does not include boat rentals (see "Marine Rentals and Sales "). Limited. Limited to the rental of mopeds, scooters, Segways, and similar vehicles with electric power or engines less than 100cc. May also include the maintenance, minor repair, and on -site storage of the equipment offered for rent. Office Only. Rental of automobiles, motorcycles, recreational vehicles, trucks, and other types of transportation vehicles. Does not include the on -site storage of or incidental maintenance of vehicles. Does not include boat rentals (see "Marine Rentals and Sales "). Vehicle /Equipment Sales (Land Use). General. Sale of automobiles, construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment, including display, storage, maintenance, repair, and incidental rental of the vehicles and equipment. May include the sale, installation, and servicing of related equipment and parts. Does not include boat sales (see "Marine Rentals and Sales "). Limited. Limited to the sale of automobiles, including display, storage, minor maintenance, and incidental rental. Does not include maintenance and /or repair requiring pneumatic lifts. Does not include boat sales (see "Marine Rentals and Sales "). Vehicles Sales, Office Only. Limited to an office for the sale of automobiles. Does not include on -site inventory, display, storage, maintenance, or repair of automobiles. May be subject to parking requirements of the Department of Motor Vehicles. Vehicle /Equipment Repair (Land Use). General. Major repair of automobiles, motorcycles, recreational vehicles, or trucks. Examples of uses include body and fender shops; brake shops; full - service motor vehicle repair garages; machine shops; painting shops; tire sales and installation shops; towing services; and transmission shops. Does not include vehicle dismantling or salvage and tire retreading or recapping. Does not include boat repair (see "Marine Services'). Limited. Minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans, or similar size vehicles. Examples of uses include brake adjustments and repairs; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel, and exhaust systems; oil and lube shops; wheel alignment and balancing. Does not include boat repair. See "Marine Services." M Newport Beach Zoning Code, Title 20 October 2010 Definitions Vehicle /Equipment Services (Land Use). 20.70 Automobile Washing /Detailing. Establishments engaged in the washing, waxing, or cleaning of automobiles or similar light vehicles. Full Service. A car wash establishment where operating functions are performed entirely by an operator /owner with the use of washing, waxing, and drying equipment supplemented with manual detailing by the operator /owner. Self Service or Accessory. An establishment where washing, drying, polishing, or vacuuming of an automobile is done by the car driver or occupant. 2. Service Station. An establishment engaged in the retail sale of gasoline, diesel, and alternative fuel, lubricants, parts, and accessories, including incidental "minor" maintenance and repair of automobiles and light trucks, vans, or similar size vehicles. Does not include body and fender work or "heavy" repair of trucks or other motor vehicles (see "Vehicle /Equipment Repair, General "). 3. Vehicle Storage. Storage of operative or inoperative vehicles, including tow yards (i.e., outdoor storage facilities for the temporary storage of towed vehicles), impound yards, and storage lots for automobiles, trucks, buses, and recreational vehicles. Does not include vehicle /equipment repair activities (see "Vehicle /Equipment Repair ") or vehicle dismantling or salvage. Vehicles for Hire (Land Use). A use specializing in the provision of vehicles with drivers to the general public for the purpose of transportation (e.g., taxi or limousine service). May also include business office and the maintenance, minor repair, and on -site storage of vehicles for hire. Does not include vehicle rental uses or a vehicle for hire use that is an office use only and does not include storage or maintenance of vehicles onsite. Very Low - Income Household. A household whose income is 50% or less of the Orange County median income ( "Area Median Income "), adjusted for actual household size, as determined by the California Department of Housing and Community Development. Vessel. Every type of watercraft that is used or capable of being used as a means of transportation on water. This includes all vessels of any size home - ported, launched /retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under State or Federal requirements, except a seaplane on the water. Visitor Accommodations (Land Use). Bed and Breakfast Inn. A dwelling unit that offers guest rooms or suites for a fee for less than 30 days, with incidental eating and drinking service provided from a single kitchen for guests only. Hotel. An establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, October 2010 Newport Beach Zoning Code, Title 20 20.70 Definitions and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Revenue and Taxation Code Section 7280. Motel. An establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Revenue and Taxation Code Section 7280. Recreational Vehicle (RV) Park. A lot upon which two or more recreational vehicle sites are located, established, or maintained for occupancy for a rental fee by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Short -Term Lodging. A dwelling unit that is rented or leased as a Single Housekeeping Unit (see "Single Housekeeping Unit") for a period of less than 30 days, subject to the requirements of Municipal Code Chapter 5.95 (Short-Term Lodging Permits) and any additional standards required by the City Manager. Time Share Project. A development in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of an ownership interest in a lot, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and shall include, but not be limited to time share estate, interval ownership, vacation license, vacation lease, club membership, time share use, hotel /condominium, or uses of a similar nature. Time Share Estate. A right of occupancy in a time share project that is coupled with an estate in the real property. Time Share Interval. The period or length of time of occupancy in a time share unit. Time Share Unit. Each portion of the real property or real property improvement in a project that is divided into time share intervals. Time Share Use. A license or contractual or membership right of occupancy in a time share project that is not coupled with an estate in the real property. Visitor- Serving Retail (Land Use). Retail establishments engaged in selling goods or merchandise to tourists and visitors. Examples of these establishments and lines of merchandise include: Newport Beach Zoning Code, Title 20 October 2010 • antiques • gift shops • appliances • handcrafted items • art galleries • hobby materials • artists' supplies • jewelry • bakeries (retail only) • luggage and leather goods • bicycle sales and rentals • newsstands • books • pharmacies • cameras and photographic • specialty food and beverage supplies • specialty shops • clothing and accessories • sporting goods and equipment • convenience market • tobacco • drug and discount stores • toys and games • travel services "W" Definitions Warehousing (Land Use). Establishments engaged in providing facilities for the storage of furniture, household goods, products, or other commercial goods. Includes cold storage. Does not include personal storage (mini storage) facilities offered for rent or lease to the general public ( "Personal Storage- Mini - Storage "); or warehouse facilities in which the primary purpose of storage is for wholesaling ( "Wholesaling "). Small — Establishments located in facilities that are 5,000 square feet or less in size. Large — Establishments located in facilities that are over 5,000 square feet in size. Water Transportation Service. See "Marine Services." Waterfront Lot. See "Lot, Waterfront." Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wireless Telecommunication Facility. See Municipal Code Chapter 15.70 (Wireless Telecommunication Facilities." "X" Definitions Xeriscaping. A set of landscape design and maintenance principles and horticultural practices that promote efficient use of water. The term "xeriscape" is a registered trademark of the National Xeriscape Council and means water- conserving, drought - tolerant landscaping. "Y" Definitions Yard. The area between a lot line and a principal structure. May be the same size as or larger than a required setback area. See "Setback Area." October 2010 Newport Beach Zoning Code, Title 20 20.70 "Z" Definitions Definitions Zoning Administrator. The Newport Beach Zoning Administrator designated to make decisions on applications as provided in Chapter 20.60 (Administrative Responsibility), referred to as the "Zoning Administrator." Zoning District. A residential, commercial, industrial, mixed -use, special purpose, or overlay district established by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) within which certain land uses are allowed and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). Zoning District, Principal. The zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied. See "Overlay Zoning District." Newport Beach Zoning Code, Title 20 October 2010 Part 8 Maps Area Maps (Referenced in various Chapters /Sections) A -1 Balboa Island (Includes Little Balboa Island) A -2 Balboa Peninsula A -3 Buck Gully A -4 Corona del Mar A -5 Lido Marina Village /Mariner's Mile A -6 West Newport Bluff Overlay, Development Area Maps (Section 20.28.040) B Bluff Overlay Index Map B -1 Kings Place B -2 Irvine Terrace - Dolphin Terrace B -3 Irvine Terrace - Bayadere Terrace B -4 Avocado Avenue /Pacific Drive B -5 Carnation Avenue B -6 Ocean Boulevard /Breakers Drive B -7 Shorecliffs B -8 Cameo Shores Height Limit Areas (Subsection 20.30.060.0.2) H -1 High Rise and Shoreline Height Limit Areas Setback Maps (Section 20.18.030, Tables 2 -2 and 2 -3) S -1 West Newport S -2 Balboa Peninsula S -3 Lido Isle S -4 Balboa Island S -5 Newport Heights S -6 Cliff Haven / Bay Shores S -7 Beacon Bay Area S -8 Harbor Island S -9 Irvine Terrace S -10 Corona Del Mar S -11 Harbor View / Spyglass S -12 Eastbluff S -13 Dover Shores S -14 Granville Drive October 2010 Newport Beach Zoning Code, Title 20 — This page intentionally left blank— Newport Beach Zoning Code, Title 20 Public Review Draft — May 2010 COLLINS� ISLAND BOG �L9Tf RAL y `�E 0 0 0 0 o � 1y W 4 6 aq yq�FE � BEACON BAY BgY910E DR � ` BALBOA ISLAND NORTH CHANNEL 0 e ?0 6O NNFOOO h� �n `YNT 9tif C� TFR `�RRry 9pf T� R p 0 �P X30 z 0 z Chy of Cosfa Mesa CifyofUVine 0 Pacific 01 City of Laguna Beach BALBOA ISLAND LITTLE BALBOA ISLAND r OP SEo e`PP Z vZ 2` STATION COS O. SCAT Dock OCAN NA. A -1 Balboa Island (Includes Little Balboa Island) e 0 250 500 yyWY04 6 Feet o HARBOR GLAND DR _ AOH 1111% w 0 3 R v w ¢ Y U BEACON 8PV BALBOA Y YACHT BASIN ISLAND COLLINS� ISLAND BOG �L9Tf RAL y `�E 0 0 0 0 o � 1y W 4 6 aq yq�FE � BEACON BAY BgY910E DR � ` BALBOA ISLAND NORTH CHANNEL 0 e ?0 6O NNFOOO h� �n `YNT 9tif C� TFR `�RRry 9pf T� R p 0 �P X30 z 0 z Chy of Cosfa Mesa CifyofUVine 0 Pacific 01 City of Laguna Beach BALBOA ISLAND LITTLE BALBOA ISLAND r OP SEo e`PP Z vZ 2` STATION COS O. SCAT Dock OCAN NA. A -1 Balboa Island (Includes Little Balboa Island) e 0 250 500 yyWY04 6 Feet 47th St. s r, a ry TURNING _ 1 BASIN 3 j N O wESr Ji p O o ABALBOA IS, fill4� s • ��,. CyA NNEL • City of 11,11,1111 Costa Mesa - - CRyoffmine • _`� � � x a m „ ♦ m O A m Pacific Ocean Z City of Laguna Beach P A C I F I C OCEAN z m m A -2 Balboa Peninsula e 0 1,000 2.000 Feet Name: A-2—Balboa—Peninsula I October 2010 P� PQ- O , SHORE c ELF ti F Gc° P BUCK Gully m RIVERA Zp r R SO <q 4 TER O TER TFR m D Q Q ROCKFORD PL �O I�O �2,9Y tiF COR T4 ENO `� A -3 Buck Gully e 0 250 500 Peet Name: A-3—Buck—Gully I October 2010 AVE a O °R o ILJ9HU LRN 7" O Op oP 9 A � FR aq R L OR A.2 I 4 .. .� EAST PLAZA DEL NpRTE MRA i RLAIA Oel sN Ro R C'RANq DP P E A, J p Z R E � B(yp 0 k, A On rn BIG CORONA AT O °Feg fpBi °N a ° w,P `SV7 Hy (F OF. 6 Rork ryRS OR � A OR a qc %/VO T ON PV' ,RFh LITTLE R e f, oR a° �N(ET c p a ka a \ CO of Costa Mesa F � Fp City of imlne 00. y � V O Ylq Pacific Ocean MARGU ERA A. s� CRY of Laguna Beach L Wv A Z'? PPP k, A On rn BIG CORONA AT O °Feg fpBi °N a ° w,P `SV7 Hy (F OF. 6 Rork ryRS OR � A OR a qc %/VO T ON PV' ,RFh LITTLE R e f, oR a° �N(ET c p a ka a e y T m A -4 Corona del Mar roo, 0 2w soo ,.ono Feet Name: A-4—Corona—Del—Mar / October 2010 R e � a WRITEW F � Fp O R�LS FATHOM 00. y � V O Ylq MARGU ERA A. s� nT � Wv A Z'? PPP o OR '�� A � j�J•fft G O FFN Q Fii 9m � R m OP 4 iZ N(PJ ZN Ig(F sANpulvF s °R v 'N T °ON'N, ggNOCAS iIE Z ' 9 ((9C I Qaa QO y eR,4uhY IIABF(LA TER RIVE RA d iER OZ4 SO TER q S 989p TR i.N yb 6E0.Rq /O S R m f o CROMROS F U`� pp sFgh a �o RR° R C Ro AN -lGN R° RFST oho RRFr o <N o OTC � R04 o O� flOLItF O qp hq I'iy 2. 00° 90 GPLay PL F W �? N O ° MIG HLAN 0 �BHO O N9M OFN RTINN° G Rc QE �O z O s S C RO{ e y T m A -4 Corona del Mar roo, 0 2w soo ,.ono Feet Name: A-4—Corona—Del—Mar / October 2010 41V HOAG or? wq Y a PL q;l ,, 0 ir..lqwp�,� DR CLIFF TURNING BASIN Lido Marina Village A� `J av �PARy- c� \ T� sT RFF T 56 �4U O s Q yo j ir..lqwp�,� DR CLIFF TURNING BASIN Lido Marina Village A� `J av �PARy- c� \ T� sT RFF T (0 A -5 Lido Marina Village / Mariner's Mile 0 250 500 Feet Name: A-5-Mariners-Mile / October 2010 City of Costa Mesa O 1� City of Irvine O Q LIDO < =- VIA MALAGA ISLE Pacific Ocean City of Laguna Beach T �trCJ (0 A -5 Lido Marina Village / Mariner's Mile 0 250 500 Feet Name: A-5-Mariners-Mile / October 2010 aA -6 West Newport e 0 250 500 1,000 Feet Name: A-6—West—Newport / October 2010 0 Bluff Overlay Index Map 0 05 MJes Name: Bluti_Overlay_Index_Map/ October 2010 Development Areas Delineated By: - Development Area B-1 Kings Place Specified Distance from Front Property Line Development Area • • Specified Distance Below Top of Curb V11, Development Area C Specified Contour Name: B- 1_Kings_Place/ October 2010 tiJ I � �a al Y aim S' 0 $ aq'> 1101 0 y1S /o Pa gw s I FCOVE E z •g o you oae 'i" ¢ a o, 13 ft Below Top of Curb - L 1015 -1541 Dolphin Terrace EIIIIIIIIE :SEE �o 2 H Q , h +z,r SONNI COAST a ry Eool NWyF TFR D I ti of aQ � a ww 0 f ew�,yr Development Areas Delineated By: _ Development Area j B -2 Irvine Terrace - Dolphin Terrace — Specified Distancefrom Front Property Line:: �:: DevelopmentAneaB • • Specified Distance Below Top of Curb V1// Development Area C Specified Contour Name: B- 2_Irvine_Ter_Dolphin_Terl October 2010 13 ft Below Top of Curb - 1607 -2021 Bayadere Terrace 18, 48 ft Contour �t NARgpq�� A 0R 1pPt rp W 18p0 Q W m fem Q tact Z 50 ft Contour = 18j0 1907 1081 1ea1 18]p �,F e1s teu 110, l e, 50 ft Contour 0� T\ t,FR H �( P s \ /F9pR /� 96 / j_\pR / rv°' .h oe PaG���'CP 50 ft Contour p15 � CO �S1T a� �yP M% 101' GOP\ P >0 yawv� q Development Areas Delineated By: - Development Area B -3 Irvine: Terrace • Bayadere Terrace — Specified Distancefrom Front Property Line O DevelopmentAneaB •• Specified Feet Below Top of Curb ® Development Area Specified Contour Name: B- 3_Irvine_Ter_Bayader_Terl October 2010 ryo 68 ft Contour 415 Avocado Avenue 50 ft Contour 411 Avocado Avenue O ti o9 ryryO ^ I h ry n N N titi�� mq�si Z titi ^� � P 35 ft Contour 401 Avocado Avenue ti ryry��N a �4 N q ck 1101, Wq�\oN R Development Areas Delineated By: _ Development Area t B-4 Avocado Avenue I Pacific Drive — Specified Distancefrom Front Property y Line:::: [[[., :I DevelopmentAneaB • • Specified Distance Below Top of Curb ��� Development Area C Specified Contour Name: B -4 Avocado Av Pacific Dr/ October 2010 70 ft Contour - 239 - 317 Carnation Avenue 50.7 ft Contour - 201 - 233 Carnation Avenue New development shall not extend farther onto the bluff face beyond existing development 2495 Ocean Boulevard / I FPO , 1 i 117 115 111 e 109 yam � eP 20B / SO S'7 S L? b, �'7 \ .a S01 J� 2P �P G tih BAySIDE lamp o? S'9 07 4 J7 ° O ?7 �s a °s 8 '10,9 o,, 6 a °OA ''2 S0 3 2"'u'j qcB u S2j9 S prL �? 2S ,7 27 ryh hOp, 2u' S7'0 rL rthrtOryrL h \ � rLhry�io`bh > ry / ryh S , S 'S 6 "O 4 2'S Development Areas Delineated By: _ Development Area tC Specified Distance from Front Property Line :: :I Development Area B BUJ C81'I18tIOCl Avenue ••Specified Distance Below Top of Curb ��� Development Area C Specified Contour Name: B-5—Carnation—Avenue/ October 2010 Breakers Development Areas Delineated By: _ Development Area t B -6 Ocean Boulevard / Breakers Drive Specified Distance from Front Property Line:: Development Area6 •• Specified Distance Below Top of Curb �Xl Development Area C Specified Contour Name: B -6 Ocean Blvd/ October 2010 rs Development Areas Delineated By: - Development Area A t B -T ShOC @CII11S Specified Distance from Front Property Line :: :: DevelopmentAreaB • 10 Feet From Bluff Edge Development Area C Specified Contour Name: B -7 Shorecliffs/ October 2010 ON Development Areas Delineated By: _ Development AreaA B -8 Cameo Shores Specified Distance from Front Property Line ::::::I DevelopmentAreaB • • ill Feet From Bluff Edge V111 Development Area C Specified Contour Name: B -8 Cameo Shores/ October 2010 ,ew.cor e O H -1 High Rise and Shoreline Height Limit Areas 0 0.5 1 OMiles Name: H1_ High_ Rise_ and_ Shoreline_ Height—Limitation—Areas/ October 2010 S -1 A ono °000�o� ,C S -5A A S -5B S -2A S -6 , S -3A S -7 S;14 S -3B S -8 S -7 �� -2 9A S -9A S -1 S -2D S -4 S -9B S-11 S -2E, S -2 F S-1 CIA S -11 B S -2G S -10B S-1 0C S -10D 0 0.5 1 Miles Jame: Setback Map Index/ October 2010 o. 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"••• 2feet 20 feet .,,,i F- ____ __ ____ � 14 feet; w .' • • • .. , . tback li I setback line � p O ti Dy�m \/O 410 421 ¢29 � Dy6 A .4131 lr D b n $ o n 310 d2t P ti5 0 616 � M1, +O 100 f Nh �V 9 � �• m N¢y Q M � �` Nm ^.o ' n '� h all a12 a13 - a12 a16 GRANADA L'VE � 'I:. 416 ao9 aoa _ S T+61 aoz o � ^' 120 x2xe 46a S o 8 zz°9 \S xx3 Rio n" _ 7e 461 aoz i� �seWtte 6 0 125 250 mom --- Feet u AVENUE p0 22 -a O zysa I I .I N \ 22ti0 ry N xx90 ',O BLVD m C � 110 a y H o 8 ry BAY AVE 500 1806 E— Y 507 _ Y M1b CG M1 m S 5 S` 0 a � ryb 3 s M1N� ry ry6 S ^ P H � F�`p ryAO 1 S<< S 4FP M1A^� 9 H ryM1A � 4� ss ryes �. 9p Sf pJ 00 N C- CU N Sill v, 0 M� W N N O O � 00 00 W r 00 00 p O ti Dy�m \/O 410 421 ¢29 � Dy6 A .4131 lr D b n $ o n 310 d2t P ti5 0 616 � M1, +O 100 f Nh �V 9 � �• m N¢y Q M � �` Nm ^.o ' n '� h all a12 a13 - a12 a16 GRANADA L'VE � 'I:. 416 ao9 aoa _ S T+61 aoz o � ^' 120 x2xe 46a S o 8 zz°9 \S xx3 Rio n" _ 7e 461 aoz i� �seWtte 6 0 125 250 mom --- Feet u AVENUE p0 22 -a O zysa I I .I N \ 22ti0 ry N xx90 ',O BLVD m C � 110 a y H o 8 ry BAY AVE 500 1806 E— Y 507 _ Y M1b CG M1 m S 5 S` 0 a � ryb 3 s M1N� ry ry6 S ^ P H � F�`p ryAO 1 S<< S 4FP M1A^� 9 H ryM1A � 4� ss ryes �. 9p Sf pJ 00 N C- CU N Sill v, 0 M� W N Q 1 4 / \ �� to 0 0- �O Es pN �5 \9 \ Oy TtOti d� O P s SA Nei 125 50 Feet 1EE.a v�'*1 Vame: MAP 3A Lido Isle/ C S J, 339 5p3 N� GQ 551 3hh 3S9 3h3 1100, M, 1410 1400 _ $ " +201 nv nC1 1021 1111 ,60p krNGS z r g N 160j re10 S _ ROA n COAST 521 n 1910 1220 R +2W 1100 ,111 HIGHWAY Op �~ ry Vq <sp t a 1s g $ ° SOOp 22, 115 70 ....� P 0 H SUP �,f 11H O 2 7Q 0'f1 ,29 Qs rH ,10 0:f 1,6 Q s ty 1+6 Z fia '1J f s 71 ° f:5 6,60 +aa ,1 n, ry1a a A / ?11p I 3 !0% ryb 0 1.y. o z" 0 1 °H � zs O�"� 7,•f ,16 ,2, paw rat o O a ,' e i cu cn VJ J M v/ z z A 2 + )> 3J3 ry0RO & tJ'. J3g bx pa S + 333 zlg tog 7. � d' �zs z3a 4p >3 SJ6 �Q 2pP SSa SJi S +S �� C `DSO SJH 3 Pq R, a 3v Qp O 'zs ap �3 1 'za �Q 1 13, `95 0 125 250 mmmmm:::� Feet 7n n ,S , DRIVE 1q> Leo 3 ry 4 p G 1p5�rypfi, O,pm a3j S Oe SS ry S4gS rvn ype ZsB e 93S h VISTAN OR Nvil P rv% ry Q >' a y y rvy^ rvyO rye h zgPo "b ti zs� op` � rvee by � Sh ry hb ti ry pRF y 2532 3$'l ry�M1 bry �e v"6 R hye � ry hyn � ^ h rvy 'yh h y ti ti ti y TP, h 0 �F h ry 'Yy8 +I.� 'Yy '4 C pe ryhh Orv' C/Rp(f eO P ry h 4 h y 2 sPo h� ryyn On ro rvh ryh n e° �Y+ yh n ry �yh ry rv' Ah by rv`� yg rye" o^ i b h ryO Y he� hb ry �h 70 O 'o '••s m g y +33 3p Z Jp ' S � >Jn dpg +ps Sc yS p> $90 103 108 1, o- S, 9" J10a , s 93e n > >g s m So�O � O�fi ga4 915 G i cu —/ ^ I U) / W J W M i Collins Island T ^� i ,4 6 C ` Front Setback: 7 feet (harbor) s A 829 Side Setback: 4 feet a Rear Setback: 4 feet (private road) ^ a a B Q N v° Easement for Private Road �+ y °l per Tract Map 1723 Name: MP 9R� e \ND OrA 2�2 ry 2J4' ° OS P P 2 G 2 � S Sy o 0 7f up o 2 150 300 o Feet w 4 Balboalsland f ' 331 3]0 331 330 33af `330 333m a30 333 S\ m� a ' J2] 328 322 328 322 326 329 3z3 32i 326 329 \O ..fir J 324 335 324 J25 324 325 324 325 324 325 ^ 322 325 324 325 11j y 322 323 322 J23 322 323 322 333 322 323 322 323 1 \ c �S V6a^ 320 319 320 ]21 320 321 320 J21 320 321 320 331 320 321 Ir 320 331 ]1B 31g 319 31B 9i9 310 319 918 319 918 319 316 319 31g 919 ��[ A0' 1AOl 31fi 312 atfi 312 316 311 318 317 316 319 316 312 316 31i 3P 314 315 O 316 314 316 314 315 O O 314 W N O 312 31 O 312 313 O O 312 313 rsr 3 313 ' 33] 3133 314 315 r T 314 315 O O 314 315 310 311 O� r� - 312 313 312 313 J12 319 T 310 311 310 3fl wx 310 311 310 311 310 311 i 310 311 310 ]H w 300 309 308 309 306 309 J06 Jp9 308 309 30g 309 30g py 3pg 30fi 307 306 307 306 3W 3pg 30] 308 307 308 307 306 30fi 307 304 305 304 305 O 304 306 304 305 304 j05 a 304 305 ¢ 30q 307 J04 305 302 303 302 303 302 a0a 302 301 302 3W 302 3 03 302 303 302 500 301 we 749 600 3Dt 300 300 301 300 301 300 301 J00 301 a/LLBOA AVENUE Mix .�. zm p23 213 r 212 213 rw 212 2tJ r 212 319 rir 312 213 If z1n zn 21n 206 209 IDg 20fi 207 206 2pd 205 20d 202 203 202 zoo zo1 1poo zoo 10 201 200 zpt AVENUE G �3�5 U 23j" 126 127 128 12] 128 127 126 127 12fi 1011 126 137 126 2p 127 2 2S AO O 2 2S 29 126 125 124 125 120 125 t2d 125 120 125 122 135 12d 125 q6 Q) 122 123 122 123 122 123 122 123 120 121 122 123 122 123 123 123 120 121 130 121 120 121 120 121 126 121 130 121 N 110 119 N O 116 tt9 O 118 119 00 116 119 O O 110 tt9 110 11B 118 Q¢ 1 /g l9 72 116 117 110 117 ! O 116 11] r T ttfi 117 T r 11b 117 H �% 116 fl7 O O 116 117 pJ 2 1 6 7� `w 20� 110 110 115 i 116 115 Q 110 115 I1d z 11d 115 ti 116 115 p 4s 112 113 112 11J g 113 113 a 112 113 a 112 115 0 112 113 fl2 113 �2° 73 +P rq rp 110 111 110 111 s 110 111 110 111 110 111 w 110 111 E 110 2 JO Os 2j oS 107 1 6 8 tOB 6 tp6 10] 108 1.7 105 107 106 107 106 109 V °1 0 ARSRo_ %Sa =B° Al mW a° PARK 127 124 O 0 9 ne to 0 0 n6 ill N I- M 114 115 r r VO 115 11d 115 112 115 112 113 tt2 tt1 110 111 i 110 111 110 108 105 106 107 108 107 msag' ��ag a E. -N AVENUE V ID�6 107 113 1'1131, CQ G u ^ ^ .Y.1 ''} vJ lI 11+ 1 1 i U) 1I 71g 202 7307 131 8 m t1�1') 20B S �D a z p� 12� 3a 212 hl1 m �" 73 109 e12 y DRIVE 109 ^A y QP �s m g y 1012 �' ° ^9 ^ pp� '° ttw °a YS1aF ^o^ 1132 0� 141 2�0 y 101 �An 10 $ 8 7 5-- °R.L f ' 331 3]0 331 330 33af `330 333m a30 333 S\ m� a ' J2] 328 322 328 322 326 329 3z3 32i 326 329 \O ..fir J 324 335 324 J25 324 325 324 325 324 325 ^ 322 325 324 325 11j y 322 323 322 J23 322 323 322 333 322 323 322 323 1 \ c �S V6a^ 320 319 320 ]21 320 321 320 J21 320 321 320 331 320 321 Ir 320 331 ]1B 31g 319 31B 9i9 310 319 918 319 918 319 316 319 31g 919 ��[ A0' 1AOl 31fi 312 atfi 312 316 311 318 317 316 319 316 312 316 31i 3P 314 315 O 316 314 316 314 315 O O 314 W N O 312 31 O 312 313 O O 312 313 rsr 3 313 ' 33] 3133 314 315 r T 314 315 O O 314 315 310 311 O� r� - 312 313 312 313 J12 319 T 310 311 310 3fl wx 310 311 310 311 310 311 i 310 311 310 ]H w 300 309 308 309 306 309 J06 Jp9 308 309 30g 309 30g py 3pg 30fi 307 306 307 306 3W 3pg 30] 308 307 308 307 306 30fi 307 304 305 304 305 O 304 306 304 305 304 j05 a 304 305 ¢ 30q 307 J04 305 302 303 302 303 302 a0a 302 301 302 3W 302 3 03 302 303 302 500 301 we 749 600 3Dt 300 300 301 300 301 300 301 J00 301 a/LLBOA AVENUE Mix .�. zm p23 213 r 212 213 rw 212 2tJ r 212 319 rir 312 213 If z1n zn 21n 206 209 IDg 20fi 207 206 2pd 205 20d 202 203 202 zoo zo1 1poo zoo 10 201 200 zpt AVENUE G �3�5 U 23j" 126 127 128 12] 128 127 126 127 12fi 1011 126 137 126 2p 127 2 2S AO O 2 2S 29 126 125 124 125 120 125 t2d 125 120 125 122 135 12d 125 q6 Q) 122 123 122 123 122 123 122 123 120 121 122 123 122 123 123 123 120 121 130 121 120 121 120 121 126 121 130 121 N 110 119 N O 116 tt9 O 118 119 00 116 119 O O 110 tt9 110 11B 118 Q¢ 1 /g l9 72 116 117 110 117 ! O 116 11] r T ttfi 117 T r 11b 117 H �% 116 fl7 O O 116 117 pJ 2 1 6 7� `w 20� 110 110 115 i 116 115 Q 110 115 I1d z 11d 115 ti 116 115 p 4s 112 113 112 11J g 113 113 a 112 113 a 112 115 0 112 113 fl2 113 �2° 73 +P rq rp 110 111 110 111 s 110 111 110 111 110 111 w 110 111 E 110 2 JO Os 2j oS 107 1 6 8 tOB 6 tp6 10] 108 1.7 105 107 106 107 106 109 V °1 0 ARSRo_ %Sa =B° Al mW a° PARK 127 124 O 0 9 ne to 0 0 n6 ill N I- M 114 115 r r VO 115 11d 115 112 115 112 113 tt2 tt1 110 111 i 110 111 110 108 105 106 107 108 107 msag' ��ag a E. -N AVENUE V ID�6 107 113 1'1131, CQ G u ^ ^ .Y.1 ''} vJ lI 11+ 1 1 i U) 1538 1535 \, 1530 592 1525 5 �0 (o�$ °vcyg +`S 1526 n^ \ Pa o° 495 497 O di m 1$01 SOB \e: owu+�F10 s°4sOS ` ssao\ 498 492 \ ay na9h � bry b`1�� R m 488 413 3307 3300 • " L ry\�C . ^, \ \ \ 'S P bryry nh 407 3303 Sig \ �� hn p'1• aryno POo q6j so4 3244 S 2 S� \� \,\ " "� v t`` db^ W. byn� ry 4>j m 3262 3238 �O S2j � \ m 4 Pry 8 tigq Pryh 4 475 m 3256 33 9 3232 �5�3 VG7 \'\ 3247 m 3250 °� b b9'b� ,p bry M wq bn� y 323 3244 N O 32201. 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S N ti ti ry0 n °o '4 0 150 300 mmmmmE== Feet Vame: MAP_ 5B_NewportHeic no `L ryh o bry `v ° O 'yo- ryp, ry ry,'p° 'LAPP 2S0j WEST 2241 ryryyp ry `t>'1 200 O L4� 2000 m 424 0 J 21 412 406 n 1 400 a 330 324 318 333 w 312 327 _ 3 321 G cu A--F U) VJ t� 2 L 0L W Z W) �I °' H o . 4s °•'a 8516 J9" �Po''a %J» 2512 ° a 2504 i o e4'g J4 4 2500 iW 3jT JJJ...J� s O �] ti Q - T W"F �hf 3 3J �J 'a p M1 pM1 c; 8 y+ q+ " qti .ry p M1•^ ti .ry N 90 JOe J ,Pz ,�. 92i0 eot 34 Z, 423 sir <f� -� rc �42d 41] a'i '7 JYg 4 �a6e �" _+a d13 4" _ 5pj �r (� 1 400 f 2 401 4 �o �4D7 W � l a+ ' 1 re i 0 01 4 411 Bluff Development Overlay I�'0°Ir � � 90' (See Map B -1 -Kings Place ) Y 31e _ 369 dw 9 Z/" IE 10 9i�i1 me� 9 r m _ °cos fsza �l p Inl � I 10� 10 \ -- w.o 0 m rdoo a ao - ]� hrchy,AV Hwy =na co»sT Nwr � zs1 ror O s 70 z � m m 0 s a / zzs z,� z °a> ey " rvm 70 >0 >0 70 \gip` " z za aam \ g �' z'o z ao zai ps $o s \ p 3z La Lyas tzzz� °S � � 70 rq9 S]a gds @ 6B 6 o S s J zrs z]rd z zdz `N' zzr sz] •7 a \ 4a ° '� °^ � $ ] +m f3> rw °za z42 zroz{z ��, O r 70 rzs' fzaz $ rz4a fza Poizs .. zPo ,r zW s oss zo e zS�s zza> s zz "»ws e � - 1 ur � N .. � f3 � frs rf 1zz ]za ab zW zr za zz� Z's zd \yJ �ffip ry \ ' ,A' �@ n rf2 frza ]zs zp' zo> rya zy�'� �� ' 0 rro r ne ]fe ]zr ,rs mr z1 A z2 zrs z/ z�a h9 ^8F° , r Vanne: MAP 6 CliffHaven /October 2010 i vJ W r0 _— U) (0 m 2 v/ 1 10 251 oRO�� A \ \\ 201 �n coN° '; 300 \ \ M ^^ CQ L m O tr m °o 60 w 5 O LINDA IISL U L HP O/ OS o rn m r m m r n 0 h � mti 13 0 1 72 � O 71 3 10 O y 69 5 > 3 °� 6 43 tr v N N 7 ? o NN S 8 bz o es s 65 hn b° v 64 z 1 70 H 'j 1 b/� 63 12 14 7S N N N ° 70 N Nh rytr � ZS 1 17 6 N N 153 h o 'm �O� N 147 4p9 415 1� 427 579 531 439 0 47 � 35 Q '40 7 2 1 1? 01 A 1'6 125 250 o Feet 171 y� `� A m 1019 ° s.,ysoF �$ 1032 P90 n °ry ,tih 69 N° a9J 9 ERNE i A A i AtiTO � \ 6' Front Yard Setback titip�� sum Building and Side - Facing Garage. ar 0 4260' 18' , 22' or 24' Front Yard Setback = 434 Front Facing Garage. - a *; - 5p6 524 530 10 h 536 542 °n .41 i� aROM 54a ^ 721 � v 5 727 BAyg SSA 733 10 —55 O p 47 naReoR w 41 ml \pl isLnNo IF 56 ml §ml 48 I 35 29 ml ml 23 69 oRv 57�mam 49 42 m 36 Q 30 If 1 pq 68 1 ,9c 8 ,or 50 49 b 31 0 m 25 0 67 9 0 59 51 44 W 38 w 32 �; 6 Ifi1f1 829 66 60 52 33 27 611 m m 63 F 46 mn10 40 0 34 esm 28 a 64 \S m nlm c r 829 m ! L i U CU ^0 ''W^ vJ i Q O W 1 setbacks measured from original lotline established by Tract Map 802 - -- ---------- - - - - -- = ` 1g DETAIL A b h �S \3 feet setback line 7 setback lin- e cc ti 19 DETAIL B �CO / �0 S 7 setbacks measured from original lotline established by Tract Map 802 M �ry 0 mPrb� /fie xq) sP . K l` DETAIL C 70,> 707 ,b setbacks measured from original \ lotline established by Tract Map 802 I ` \ O I CO 7 M I CO S M 15 N CU O L 00 Cn 160 1001 1007 Olo° i o h 6 COAST 1009 o �� K 1100 ^ r 718 1g, Bo 0 m V6� o w o 729 O p�10 NME 712 723 ^w !' 730 O 211 tOg ' °N 724 71 A� r 717 8 !- O yO M 716 173p 70 N y 707 0 6 9 !' � 712 C 70 n 7200 1 677 `^O \ 1220 609 7288 n0 N ° V7 1101 _70 01 ys /OF 1137 201 Bluff Development Overlay (See Map B -2 - Irvine Terrace - Dolphin Terrace) oq 000 000ao.- aao 0 'vii 333 330 333f `332 N 327 326 329 326 327 � ry '12 325 324 325 '< 324 325 324 1 S2 323 322 323 322 323 322 `�� 1"' 140 '.2 321 320 321 320 321 320 0?' y`y �ryto ;� 1p04 11 319 318 319 318 319 318 n 4 3 1 317 316 317 317 376 ° n 331 32 1 315 374 315 316 315 314 0 0 323 3319 ^ v 313 372 313 312 313 312 1 311 i 310 311 310 311 i 310 < 7 1 319 pr 309 0 308 307 a 308 309 308 ABALONE PL 313 307 306 306 307 0 306 N N o 0311 v� '511 304 305 304 305 304 " " aim `509 303 302 307 302 303 302 0 $ $ o m X19 r 301 300 300 301 300 1508 M BALBOA AVENUE X ^+ 227 226 229 226 227 226 y m .n r m 1517 00 00� ,Sp � 225 224 225 224 1 225 223 222 223 222 223 ^ ` 23 227 228 z21 226 221 22 Bluff Development Overlay � 219 218 219 219 219 21 P Y 217 216 217 216 217 z 21 (See Map B -3 - Irvine Terrace - Bayadere Terrace) 215 214 215 j 214 215 2 2 21 212 211 ? 210 211 210 213 212 213 i 272 213 i 212 2.L1 i. 20 a 9nR q a 21i n70 211 a 210 211 a 210 y19 203 Irvi 424 6'90 624 O 679 a �e O 612 609 e sNo f n � 806 610 s00 925 600 n a SFARRrFT \ O0.rJE RRrLe SEO PP fly O 7607 . n 1611 1� m c 1625 9N 1633 1701 1633 1641 1701 1801 ( 1709 . 1807 O ?, n 7 1715 1815 % 1721 1821 V 27 SEgR �1n aR v MARgpg7A 1p 1801 oRrVF 1800 1807 1901 c co 9`P7 /oP np�0 SP n 6 1917 N CQ G Cu vJ L L 51 /Q v / 525 0 _ 15y0 PpS� n 0 0 721 60 1'Q g SEA °Rim. p� m ro y7Q °R \P l Bluff Development Overlay (See Map B -3 - Irvine Terrace - Bayadere Terrace) 0 150 300 mmmmmn:::� Feet Jame KAAP 9R IniineTPrrarP ( r 79 OJ 1701 1801 1g0p X70 °0 \ m 1709 i s 1807 O � MARgAgT roN N ^� �g p" °qi A yn sF y ry0 y 1115 1815 10 70 Oo m 1721 1821 1800 7j Opy ' 1807 1901 n f o ry 1727 1827 a = o 1900 1g1Z ry� PLP ry� 1815 n 1907 r 1801 1833 O O 1821 O O 1820 'n FF pp0 ,Lp^ y 1807 1839 ° � W% `� PL 1°'ry gry� �5 �P 1815 1827 0 79 9n' T ry c`� 6� 1845 1821 1 1°01 70 '.g1O ^gry1 iO ry�0 ry� ?00 165 � 1y g`h T J 187'1 '� 7O ^g0 y TF9 ^ gryb OOn GP9 008 ryo„y 0, Is- IV �11 y ry� ry 1 2p 1 w0 6 77i 87 2 1gry^ 1107 rFP� ^gyy ry0^y 7Q S 1121 P 9ry^ cF ryoo^ ryory^ P =G� 00, S7S s °O SOJ o ,5 °F VIP ^ ryo5 ^ p Sol PO PO 3 1gry^ 70 0 ry ^y 'O ry v2 ? 439 SSOb 1gry� LF ryp v 42 2,S0a7 gyy ry 41 OP 47 7 pp 2j0 '� lgyg P2v � P B Q2� p26Q�2 SF.cOVO SO DDS y ^gb � � M00 b'.1 426 43j SO Soy 1 S ryl& 0°1 ry1 ry0 � ryOry ry0� Dag ry Bluff Development Overlay (See Map B -4 - Avocado Avenue / Pacific Drive) 27711 `/Q _ ryry O9 ny 9 F2+ N ^�1 ry1 ry o-ryp 4S 3S Soo 2 ryry ry00 WgTERFgo ry ryry '01 ryry�ryryo L P v O^ ^^ oq 442a74 45 'V b ^9 42268 Q�97S 47J O 42 4 4�'J 447S bry oy2 44"'S `1� _4207 411 22 m 220 JJ70 ryryryg JO J J 08 70 07 J0�0B v 80 °vey 2S 2J 674 P 72 /LFi`F 601 S2 S7 7 S7 9 J 7S CT, S74 Cu r) A-1 U) L F— CD Pl\ YI C \ O� 23a 1611 33 2231 �O 1611 7'229 157'1 < vN � 214 7" 157'5 0m _ 272 21 1528 210 219 y 208 L15 v 163 206 2111 204 7 Og 2205 1699 Dog o 0 1641 01 AVENUE 1645 0 126 727 127 1649 24 25 75 1653 122 121 123 120 15 121 1657 118 179 w 9 1117 116 717 a 1 114 715 114 115 113 w 112 113 110 711 < 110 106 107 106 111 U y n n n nn wm tp � m 78 oN. SOUTH 07 Bluff Development Overlay (See Map B -3 - Irvine Terrace - Bayadere Terrace) 0 150 300 mmmmmn:::� Feet Jame KAAP 9R IniineTPrrarP ( r 79 OJ 1701 1801 1g0p X70 °0 \ m 1709 i s 1807 O � MARgAgT roN N ^� �g p" °qi A yn sF y ry0 y 1115 1815 10 70 Oo m 1721 1821 1800 7j Opy ' 1807 1901 n f o ry 1727 1827 a = o 1900 1g1Z ry� PLP ry� 1815 n 1907 r 1801 1833 O O 1821 O O 1820 'n FF pp0 ,Lp^ y 1807 1839 ° � W% `� PL 1°'ry gry� �5 �P 1815 1827 0 79 9n' T ry c`� 6� 1845 1821 1 1°01 70 '.g1O ^gry1 iO ry�0 ry� ?00 165 � 1y g`h T J 187'1 '� 7O ^g0 y TF9 ^ gryb OOn GP9 008 ryo„y 0, Is- IV �11 y ry� ry 1 2p 1 w0 6 77i 87 2 1gry^ 1107 rFP� ^gyy ry0^y 7Q S 1121 P 9ry^ cF ryoo^ ryory^ P =G� 00, S7S s °O SOJ o ,5 °F VIP ^ ryo5 ^ p Sol PO PO 3 1gry^ 70 0 ry ^y 'O ry v2 ? 439 SSOb 1gry� LF ryp v 42 2,S0a7 gyy ry 41 OP 47 7 pp 2j0 '� lgyg P2v � P B Q2� p26Q�2 SF.cOVO SO DDS y ^gb � � M00 b'.1 426 43j SO Soy 1 S ryl& 0°1 ry1 ry0 � ryOry ry0� Dag ry Bluff Development Overlay (See Map B -4 - Avocado Avenue / Pacific Drive) 27711 `/Q _ ryry O9 ny 9 F2+ N ^�1 ry1 ry o-ryp 4S 3S Soo 2 ryry ry00 WgTERFgo ry ryry '01 ryry�ryryo L P v O^ ^^ oq 442a74 45 'V b ^9 42268 Q�97S 47J O 42 4 4�'J 447S bry oy2 44"'S `1� _4207 411 22 m 220 JJ70 ryryryg JO J J 08 70 07 J0�0B v 80 °vey 2S 2J 674 P 72 /LFi`F 601 S2 S7 7 S7 9 J 7S CT, S74 Cu r) A-1 U) L F— CD Pl\ YI *Pacific Drive -Buildable Area. For purposes of �` a determining the buildable area for structures located 912 � on the bluff (southerly) side of Pacific Drive between ^� ' Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue, a front yard setback of 10 feet shall be used (the setback for the location of all y , °'° ^ q� 2227 structures as designated as 24 feet or 17 feet shall be used) Boa° B >s >s �s °� 2aeJ 2s� °8 y A3y 6 ', a3 �° ��,5> B6 5 �,SP 'Y°^ 9qP h�M1nO P a' 2>�a ssBOS h cs sa � ° / x ^ Gam' ?.f `a N° Ss a 'o S� ' 4]2 ° i �° •29A5 l9 > n" ry^^ W s a 3 4+5 DETAIL A > B BD> ^ui �a s s a ♦ +2 'o ° O v� > °>s o a ^�• /\ ro ro' ^O A'4? �' '6a ° s ''s 22 z3 >o > °a'o� �, °yBO �\ �ry r^m 7S n �ry� 'Cryo ^4/ Ahoy 3s ,r°s° s >s' Val ry y y ryo s"c0 �° B°j ^y S~'6a z"16t 2gte s >O °� 2135 2sBJ ,�oob,6 ,.. / v °�� °js e a8s so`ba y s> 299t. ��Bg ss 5,9 h3 g h -IN ry0 2 2525 ti3c$ h ti5 +> �' v v 2a ^y Bluff Development Overlay % °^°j `'sa ''°> q's v °as a �e sl ss See Ma B- 4- Avocado Avenue) p3 n °B v � v 2z s a ° 293° 's �� Pe9ifi9 Dprive) �o o s �>s ti � >s ^y oe �w° 1 ^O a°° 109 � ,iSB � 3Ba � 4°�' ^ ^`J o) B 2j SIB Sa> 4 29+9 ➢ ^O S Via° Bluff Development Overlay .� 9a s v v °ss ° sps (See Map B -5- Carnation 18B +o+ o ao O sm w ,v`➢ °` u a2 9 'v ^° °°s'' ^h + 'a s �'a ^y za ° 392° >> s O 4, 5310 i � o 'O\ 1 F6 V 0 150 0 4?O /�,� �,�e V� ��° i` ^^ s, � • s�° ° ass's s ,vo a>�0 3s' zBS �2F as asa o�-ry0 v ° ala2> �F Name: MAP-1 OA CoronadelMar /October 2010 3, �v 2231 0 i a ° ry > L�° NB °B 'oa °B sgo Y °¢ 6� \NBO° 2235 o \' Q `V DETAIL A 0 sa °3'1 915 82B BJa 9J1 ♦ 82a 3 820 a2s cr 9J5 &y. 8J5 812 J0 @i1 BJJ a'c 80B P2 e1, ez> 90a B1J �% B23 900 $ye Y& 915 OgJOCA9ro1f B1J 820 50J ey0$ 8rB Boa � Boa ° sOS vox O s� s y°.BOJ a,PP� ry 6/ W2 B B, T eJS W2 s S a 9 io 62s aL �' ° 0 G U ^U^ .r) _1fi U) Cz 5L L 70 0 U 1 O r i 2e o2o 2'0,2 2 sU P ya 2>3s 9 �, 3oy o ?� ryytiyryde <"Ay 2,z' °�s ry 2sa23 Ay Ah ,�3eo �O tiayti 2JV �' 2>�3] 30 N 0 3' A 2j 4 > N 2� >O e , sr >]s °ce9ry YQ h9 f p U� 4\ m W3 .[h aEgsa �0> 3031 Bluff Development Overlay (See Map B -6 - Ocean Boulevard / Breakers Drive 0 150 300 moomm::� Feet Name: MAP 10B CoronadelMar / October 2010 OH�`e a22 ]�O s ,q S '9 23,5 J¢ JE P`2/ 3oao 0 0 ' ° e i g229 cO�o 42 > S � AO a ° F2j 3]' 22S .t�i�2 30y ti ry0 Bluff Development Overlay (See Map B -6 - Ocean Boulevard / Breakers Drive s ry0 P �2 O �'NRO ]S. PE YF55 ��3 S�2 O q2p � SS h 902 °29 �rs s'3 � p4/S X42 � `i9y'l n��LF X11 e �p s's s 4 s�o O 2s °9 420 42> �9 O s 'p ' s,' T >p 42 9 93 Np S h , 4 S2 6 sp2 'ro 90> ,� 4 >>� "'tea /Y ,2o qs> `�2 ,rps �p ss,o �e 0] ? 4 s E O 2 LJ� ryy 2s Aye h� � z 5e a R� 335 fie^ Al 36p2 RO9', 'r °f,8° 2j3 �3 5> 92p S � .by `a63p °j4iq S 9,5,'9 � S'O oo3s° �a,, h0 ry° 332p2 32j , HrOy� �2a °p .10j9 a,516 Ou' ?s ,JS2 Hr 33o3 a, 'a 2, w 3 O 7 0 o a S ry° 2 232 ' 3O >3 3 3jS A 324 h0 'a'y. 2pRa `YS 00 'z p ? Q 2 254 3p 2 z cl�zy 22j O f2 3p '25 fl Frontyard Setback 22�'S hA022,� 252`Sp ° Is measured from curbline ?2j Jp FO 2p 2]s 222225 A 2,�2 2 za> 2p> h �,� 2sO m w ryy 2220 232 z3 ��hy 2qS N> 6 S E 4 � 2 J 2,4 A �� N d'° 2j s zzs 23z3e 23s °o-�y a � 2 , z,, z19 a 224 G CU AI ^.— W, ''^ vJ L 5M L 70 O U r V/ ON rvrva" ti� �4° Jp 4,sa ° aF 4n 4, 4jS 4, 4, O Y'i26 4°° O9 ST PP rv^ ti`�i C g2`� � AAAA F,4sr \ B J26 �yA a2 rve s ryn0 ' o 'Z'i 6 ,y0 2,4 219 0 :I,. 4 8 i 3 ° �_ ry 0 -' '1-50--300 mmmw==F \\A\ a � ?o �Gf n 1 off° 966 990 994 996 sOO 9/i C s2p 409 < $ 10 ,4 S Sq E�K N O SSi S'g �' O S `i5y 408 50 412 a 7 d s 4 2 sso 412 41s 5 �2�2g s, ss az0 �' az6 s qr am r n ° �9,so wos3 y �o 544 a1s �tp p24 ; ^z ry 101 rsis 420 peg o ory aa8 o e12 N 609 423 ssg s S2p 409 �70 °�ry $° dy .E E X40 0 s 4° 7$. $ e m o G g 536 w� o-rv^ sOO 401 °�a. ' 15 o-ry ry 1p° ry eaaP°E 51z 4,, y 4a° } 1'5 7 o-"' ° S• c 11 50 a¢ 4@22 v� mod' � ^/ 42g 416 420 o-rvo 7s,S ao- s nT�cf p O �p 565 70 ^ PAry o*o er0 ry 536 561 fy1 �0 0 2a 7r °sN 535 557 ° 40g 405 F5 ` "s 4 O ^'c o- °ro $ $ O 532 556 w 531 553 b P q $ o-rva oa y � e 7$ 463 _ 526 54B 552 rv° NH 0 °H�qY g 40s 421 N 402 �° 40 Ph '�o, eysr 5 41 og o 72 c°° a"ry g, u4 w y s,f 536 n� 20 $ y s4 M1O �'2 s s 2 m r 2 c°w0 477 O cP 25 n m o 479 .�s ^25 f[ Front Vard Setback � S, o o�ry N w N o ' y ?� is measured from curbline 1•y J $ � `a `4 � ? bMh w � F °P^ 4 ' 2 242248 24s �s N n� �rv� 7 7S 4 9 wN � 448 2U Sol n so, � SOBS o-yc 4a �2 O N r �/ uya h °o m 2aa �o N9 2� 9 m M sp 35p $s °pv I Ns ° 4 5og uocrcroao a � td'° K° 223 232 S 2'�S opcly Ny " S 321 ,;g2 10 892 ay o-h 7y. 20 b 21, 5p1 wi1N 22 22j° 2� „ q 4 ti ° 3, 2ao 26s ' 7,5woP° 15 `n '.. �OasT 43 ye 7'° X96 hGtiy,O zo7 ydo oy Q fh e Asa 2 p N °, 203 ^ N m c �b 2j2 s ��i 3 °e 247 239 20 3 � 239 24B 233 Qe�E 1 o-y ary 7$ 2 a° P Name: MAP-1 OC CoronadelMar / October 2010 o- o- ° q IR h bry qe9 ° ' ° p0° y 410 o N 630 %` 52 S 4 g1p9 7 �B q pg ,N5 S 472 CC� `3 Cu i r) /a--1 v SL G V 0 U 1 0 r 1 i4 ry 31E7 320 ` yAry " ^.e 7? 5 477 25 s '28 ft Front Vard Setback c°'n Zy o v ? P ry° N N � ° o�� is measured from curbl'ine tih $ � n m m S PA � qry � [6> ` °e ^Oj A 1oH � 7 z2> NN �' 2f2 209 �' 30pp0 Ro�SS g23 � Nom` Noope - . -., ao�°ao a� � o-yo Po'b zza 011 A15 % 203 �'a � N a> . 6 4y orn, qr ?p N ry N dos o 3 z,z za> , 2s�`s zo6 ss pie \` 7 20 o Bluff Development Overlay (See Map B -7 - Shorecliffs) 30/ i o`� o o-h Pyry q °9p e`s y '?O >^' qs °jos PVO OrP ryP re 2% ah eyg Bdo� �^ 7s 4701 Sc¢ as2j � N 46y > > 4636 p m O � y Ry �o� 4ovo 7p aeb 1y eianwso � ^� 70 Or- 4560 N a \ 0 u '3g 136 � �> n � 22j O ebo wy rvr o-yA° Ry° n p42 NO Boa 7S P^ ^Ary 3 '� i, Ryry 7y. Ry p6ti^ �S a g � ,4 7os Li2�N"c s 2 > 7g P ^h ti�� Py H 3p o-ry 7 9 >y 6 Rh yAA 0.y 3q5 �"HY a A,y �m s q j'20 C'�� oqR N NO 156 N IO> 450j o "c� °" Ryry J�p /A9 yo Pk1'L 339 'S po VT3 Ry°^ 1 1', b "PIS ^ ` \2 p 0 30 � Pyry ^ Pb AAA S a 13 e @ r yN y S a� 331 330 ry^ `�S �S' taz 73j do / o aey ° "r P yA' -0 b91 � ay ) S 6 325 324 of 188 > (Oj sp c �ry yry �/h �O1 Pyry R °xeuRV aono l ° °RH9M R 3Q a1 15 5 ^ eh s e`PO b of � ^ o � 5 s 30 S �N h o-y� ny P6p1 dry^ 3Q PyAA ° °R� n a9MO[N Pry AA 450j /`�Q Ph �6 P6ry� �s PyA 11 � Rh RyA° R�y '° 1 70 B Bluff Development Overlay (See Map B -8 - Cameo Shores) 0 150 300 mmmmK:::= Feet Name- MAP-1 OD CoronadelMar / October 2010 FA 3 1 h 5 m > N 2 m l 2°� 7 � 0 s �y A � 17 N cY e 9 i \ P" o-° p�14ry � o° on � °e[rcyry s M � �`I N U (B r) a--I U) Cz SL G 70 L- 0 t O r I s \ R it ti v^ Gyp 61 DRIVE 0 e �v 5 �q IV > NO / > >O /s @ 90 s O a' O 6 1` � o� / S 10 7 / CID NO 4 1 3sy�� i o oq °"wE °affix P _ N N ' ° .� m 'a\ � >a a zaH G a p RIE q 0 ?0 0' S s / e n \ ? F tsar _s O Feet o- Name: MAP_11A_ HarborViewSpygIass/ October 2010 i U u ^ ^ .Y.1 'A--1 �./ ) V/ VJ y \Q) Co 2 Q r V/ L 11 9 11 / 4 139 12 2g 1] oxrve 9 11 15 O 1 6 O N - 9 ] 'yt 10 19 moo �µa 11 ke, 1401aa 5 22 E N p 1520 5 25 3 1 14 24 23 27 29 15 1L11 _ - 1515 N TL 1 _ 06 1 5 l —e 0 1E 0 0 x 1-415 - 31b8L<' - -1�60 2 I 1] tl p / N 1516A _� N_ '10 -15 �10 -20� li' N �., 4 26 5µ+5P 19 ]] s _ - a Rt. 35 33 25 23 232 24 '� a1.� _ 9]O6 ` 150] N O 1500 2 28 21 30 28 150] p 1506 9 1 31 29 2] 63 2fi r 1501 O m> 1 »+ p N 501 7 1 \ 6 6e 14 61 22 �_ _- D i�. Np p. 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Santa Ana Heights ........... ............................9 -3 20.90.015 — Purpose ............................................................................................ ............................9 -7 20.90.020 — Design Guidelines ............................................................................ ............................9 -7 20.90.025 — Land Use Regulations ..................................................................... ...........................9 -32 20.90.030 — Open Space and Recreation District: SP -7 ( OSR) .......................... ...........................9 -35 20.90.035 — Residential Equestrian District: SP -7 ( REQ) . ............................................................. 9 -36 20.90.037 — Residential Kennel District: SP -7 ( RK) ............................................ ...........................9 -42 20.90.040 — Residential Single Family District: SP -7 ( RSF) . ......................................................... 9 -45 20.90.042 — Residential Multiple Family District: SP -7 ( RMF) . ......................... ............................. 9 -48 20.90.044 — Horticultural Nursery District: SP -7 (FIN) .................................. ................ .................. 9 -50 20.90.045 — General Commercial District: SP -7 (GC) ........................................ ...........................9 -51 20.90.050 — Business Park District: SP -7 ( BP) ................................................... ...........................9 -57 20.90.055 — Professional and Administrative Office District: SP -7 (PA) ............. ...........................9 -64 20.90.060 — Professional, Administrative & Commercial Consolidation Dist.: SP -7 (PACC) ......... 9 -67 20.90.065 — Planned Development Combining District: (PD) ............................. ...........................9 -68 20.90.070 — Commercial Stable Overlay District: ( S) .......................................... ...........................9 -70 20.90.071 — Fire Facility Overlay District: ( FF) .................................................... ...........................9 -71 20.90.072 — Commercial Nursery Overlay District: ( N) . ................................................................. 9 -73 20.90.073 — Public Improvements ....................................................................... ...........................9 -73 20.90.080 — Discretionary Review and Amendments . ................................................................... 9 -83 Chapter 20.91 — Reserved for future Specific Plan ............................................ ...........................9 -85 Chapter 20.92 — Reserved for future Specific Plan ............................................ ...........................9 -87 October 2010 Newport Beach Zoning Code, Title 20 Part 9 — Soecific Plans Exhibits EXHIBIT 20.90 -1: LAND USE MAP ..................................................................... ............................9 -5 EXHIBIT 20.90 -2: LANDSCAPE PLAN /BUFFER DIAGRAM .............................. ...........................9 -11 EXHIBIT 20.90 -3: TYPICAL SECTION -- ACACIA STREET .............................. ...........................9 -13 EXHIBIT 20.90 -4: TYPICAL SECTION -- BIRCH STREET AND MESA DRIVE (W. of Birch) ....... 9 -15 EXHIBIT 20.90 -5: TYPICAL SECTION — ORCHARD DRIVE (In Business Park District) ..............9 -17 EXHIBIT 20.90 -6: TYPICAL SECTION — CYPRESS STREET AND MESA DRIVE (E. of Birch St.) ...................................................................................................................... ...........................9 -19 EXHIBIT 20.90 -7: RESIDENTIAL EQUESTRIAN BUFFER DESIGN ................. ...........................9 -27 EXHIBIT 20.90 -8: BUSINESS PARK PARKING LOT LANDSCAPE DESIGN CONCEPTS .......... 9 -29 EXHIBIT 20.90 -9: RECREATION IMPROVEMENT PLAN ................................. ...........................9 -81 Newport Beach Zoning Code, Title 20 October 2010 Chapter 20.90 — Santa Ana Heights Specific Plan Sections: 20.90.010 — Establishment of Specific Plan District - Santa Ana Heights 20.90.015 — Purpose 20.90.020 — Design Guidelines 20.90.025 — Land Use Regulations 20.90.030 — Open Space and Recreation District: SP -7 (OSR). 20.90.035 — Residential Equestrian District: SP -7 (REQ). 20.90.037 — Residential Kennel District: SP -7 (RK). 20.90.040 — Residential Single Family District: SP -7 (RSF). 20.90.042 — Residential Multiple Family District: SP -7 (RMF). 20.90.044 — Horticultural Nursery District: SP -7 (HN). 20.90.045 — General Commercial District: SP -7 (GC) 20.90.050 — Business Park District: SP -7 (BP) 20.90.055 — Professional and Administrative Office District: SP -7 (PA) 20.90.060 — Professional, Administrative & Commercial Consolidation Dist.: SP -7 (PACC) 20.90.065 — Planned Development Combining District: (PD) 20.90.070 — Commercial Stable Overlay District: (S) 20.90.071 — Fire Facility Overlay District: (FF) 20.90.072 — Commercial Nursery Overlay District: (N). 20.90.073 — Public Improvements. 20.90.080 — Discretionary Review and Amendments. 20.90.010 — Establishment of Specific Plan District - Santa Ana Heights A. Specific Plan District. The provisions of this Chapter shall apply to all parcels within the boundaries of Santa Ana Heights Specific Plan District #7, as shown on the "Land Use Map - Specific Plan District #T' (Exhibit 20.90 -1), incorporated herein and designated "SP -T' on the Zoning Map. B. Redevelopment Projects. Redevelopment projects within the Santa Ana Heights Specific Plan District shall be governed by the provisions of Chapter 15.65 of the Municipal Code. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heights Specific Plan � LAND USE MAP $PECIFIC _PLAN #7: SANTA L Y I I Y f_ RMF\F' sL�1a�rN, 86 fi b e M1 RMF ,111�s L- PP -N RMF`_ e_ PA OSR IR�MF � / �'� __ Fire — ,I C=11 _J__1 Y! I— t ece a - -- _ y� S I �� { WwKavnmew �. f®f.{ �� -- �� epYFAyrvpW�C EXHIBIT 20.90 -1 October 2010 FI fl 1 m� Newport Beach Zoning Code, Title 20 20.90 \ LmdUw s Om OpensO Reueelun PA Pmlpemel&A VeWe Office LFE Rca lielEWes� Prohav cncl b Aftemcfttvc eW �_�I p mJ Res]entialKmnel CommeIC IvlaLLa PD Plmn Oe d p I O. Aey RS Reed WIMs gle Famay Isl Comn'e.Iml Scab% Overlay FFMj Resilential MWilpk Famly I lN{ Co.rc.Nursery Overlay GemIW Canmembl FF F FvNiry Overlay - v_I H=mp Nulany 6P Ouavneu PaM - � -y- AAnvnum builUing See lAtml � {1 ?J`Aj Min"vnum Area PerUNI Newport Beach Zoning Code, Title 20 20.90 20.90 Santa Ana Heiqhts Specific Plan — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 20.90.015 — Purpose The purpose of the Santa Ana Heights Specific Plan is to provide for the orderly and balanced development of the community consistent with the Specific Plan's adopted land use plan and with the stated goals and policies of the Land Use Element of the General Plan. In carrying out this goal, the principal objectives are as follows: 1. Encourage the upgrading of existing residential neighborhoods and business development areas. 2. Ensure well planned business park and commercial developments which are adequately buffered from adjacent residential neighborhoods. 3. Encourage the consolidation of smaller contiguous lots in the business park area. 4. Ensure that business park and residential traffic are separated to the maximum extent possible, while minimizing impact upon existing parcels. 5. Ensure adequate provision of public works facilities as development occurs. 6. Enhance equestrian opportunities within the residential equestrian neighborhood. 7. Enhance the overall aesthetic character of the community. The preceding goals and objectives have guided the preparation of this Specific Plan and are incorporated into the various components of the plan. 20.90.020 — Design Guidelines A. Introduction. The intent of the Santa Ana Heights Specific Plan design guidelines is to promote a consistent, high quality character of development that will result in the overall enhancement of the aesthetic character of the community. Use of these guidelines in future project approvals will implement these objectives through the careful use of building forms and materials, streetscape concepts, setback and buffer areas and a unifying landscape concept. Combined, these elements will provide a sense of identity to the specific plan area and development which will complement existing and surrounding land uses while minimizing business park development impacts to the adjacent REQ District. Consolidation of smaller single lots within the business park area of Santa Ana Heights can provide for more flexibility in the design of office development, thereby enhancing the aesthetic character and cohesiveness of the development. Lot consolidation is encouraged within the business park area through the inherent benefits obtained when developing on larger consolidated parcels (e.g., the ability to dissolve setbacks along interior lot lines and to design more efficiency into parking areas), which will provide better business park development with fewer driveways and improve the overall community vehicular circulation. B. Architectural Guidelines for Business Park Uses. Due to the proximity of the areas designated for business park uses and residential uses, it is the stated October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan objective of the City to provide architectural guidelines for business park uses which will blend with and complement the residential areas of the community. In order to achieve that goal, the following guidelines shall be of prime importance in the consideration of future development proposals. 1. Building Massing /Form. a. Building facades abutting streets shall not have the appearance of excessive massing or bulk. The use of grading techniques and grade changes should be considered in order to minimize mass and bulk of buildings. b. Special consideration shall be given architecturally to emphasize pedestrian areas such as entry ways, walkways, and courtyards /plazas (e.g., trellises, low parapet walls, extended roof or patio overhangs). C. Buildings clustered around a pedestrian area, such as a courtyard /plaza, shall be designed to minimize excessive shading and maximize light exposure. d. Long, uninterrupted exterior walls shall be avoided on all buildings. For architectural interest, walls shall incorporate relief features, including building elements, articulation, window treatment, and negative space to create an interesting blend with the landscaping, other buildings and the casting of shadows. Incorporation of small -scale elements such as planters, installation of mature landscaping and Iandform manipulation will aid in softening the overall mass of structures. e. Particular consideration as to color, material, and form shall be given to the design and treatment of roofs because of their potential visual impact. f. Roof flashing, rain gutters, downspouts and vents shall be treated to match materials and /or colors of the overall building. All roof equipment shall be screened with materials /colors consistent with the treatment of the building. g. Utilization of windows and balconies shall be encouraged in order to extend interior space to the outside and to create a visual connection with the exterior setting of courtyard or plaza areas. However, usable balconies and unenclosed outside stairwells shall not be used on walls facing the REQ District. h. Walls and /or fences shall be used to screen utility and maintenance structures /facilities and storage areas. These surfaces shall match or be in harmony with the exterior finish of any structure with which they are in contact. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 i. Radical theme structures, signage, building and roof forms shall be discouraged. 2. Exterior Building Materials. The following shall be used as predominant exterior wall materials throughout the business park area. A combination of these materials is encouraged to soften and add architectural variety and interest to building facades. ►r040 b. Brick, stone, rock or other appropriate accent materials. C. Architecturally treated concrete, concrete masonry, and block. These materials are to be painted or integrally colored in tones ranging from whites to earth tones. d. Stucco, with a machine - applied or smooth finish in natural gray or colors ranging from whites to earth tones. Accent materials and colors shall be coordinated to achieve a continuity of design with the overall structure and surrounding structures. 3. Glazing. The use of glass shall be subdued and in harmony with the building and the natural surroundings. Glazing shall be used predominately for the purpose of lighting interior space. Glazing shall not be used as a major architectural element, but may be used as an accent feature to add variety to building facades. Mirrored glazing shall not be used. 4. Building Entrances. a. Site access, entrance drives and building entries shall be readily observable and inviting to the first -time visitor. b. Care shall be taken to provide minimum conflict between service vehicles, private automobiles, and pedestrians. C. Building entries shall be integrated with overall building form and should be highlighted by such features as: - entry porte - cocheres - inviting pedestrian spaces such as plazas and fountains - special planters and plantings - textured hardscape 5. Building Rooflines. a. Roofs may be sloped, in a hip, gable, or shed fashion. Flat roofs are permissible. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan b. Simulated wood and slate materials, lightweight concrete and tile roofs are encouraged and must meet Building and Fire Code requirements. Highly reflective metal roofing material is prohibited. Asphalt and fiberglass materials are permitted only on flat roofs where screened from view. C. In all cases, roof - mounted mechanical equipment shall be screened from view from the adjacent streets and adjacent REQ District residences with materials finished to match materials and colors in the roof and building. d. Uncovered trash enclosures shall not be located any closer than 40 feet from any property line abutting the REQ District and no closer than ten feet from any side property line and shall not exceed a height of 8 feet maximum abutting the BP District. 6. Energy Considerations. Passive solar design orientation is encouraged. Solar collectors, if used, shall be oriented away from public view or designed as an integral element of the roof structure. 7. Sound Attenuation. All interior building areas shall be mitigated for noise, consistent with the General Plan Noise Element. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan LANDSCAPE PLAN /BUFFER DIAGRAM /ZA< ENTRY 0 O� 20.90 Upper Newport Bay J A Upper Newport Bay o 0 1000 Feet N `t "Ov iiE Monumentation Wr E • Residential Lanscape Theme Business Park Landscape Theme Specific Plan Boundary 10' Buffer Zone Landscaping 1� 5 EXHIBIT 20.90 -2 October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan C. Landscape Guidelines. Landscape design is a crucial element in achieving a distinctive development character and in blending the development with the existing character of surrounding land uses. This character will be reinforced through the coordinated design and selection of landscape and paving materials and emphasis on special features such as entryways and signage. The overall landscape and buffer theme for the specific plan area is illustrated in Exhibit 20.90 -2. Guidelines are specified herein for the following landscape components of the plan: • Streetscape • Entry treatment • Buffer design • Parking lot design • Hardscape and street furniture design • Landscape maintenance 1. Streetscape. a. Business Park Streetscape - Acacia and Birch Streets. and Orchard Drive. Acacia Street, Birch Street and Orchard Drive roadways were originally each designed with 2 11 -foot and 2 13 -foot travel lanes and a 6 -foot walkway on either side. Acacia Street (within the Business Park District) is designed with a 70 -foot right -of -way with 2 12 -foot travel lanes, a 12- foot median lane, an 8 -foot bikeway and a 9 -foot parkway that will include a 6 -foot sidewalk on either side (Exhibit 20.90 -3). Adjacent to the walkways outside the right -of -way, a 10 -foot landscaped setback is required. Should it be appropriate, road dimensions within right -of -way may be modified as needed to accommodate existing structures. Birch Street is now designed with an 80 -foot right -of -way and Orchard Drive is designed with a 70 -foot right -of -way (Exhibits 20.90 -4 and 20.90 -5, respectively). Birch Street will have the same improvements as Orchard Drive but with the added feature of a 10 -foot median /left turn pocket. The streetscape for the business park area will be installed by individual property owners concurrent with development of approved projects. Ongoing maintenance will be the responsibility of individual property owners. The 10 -foot landscaped front setback shall be bermed at a 3:1 slope and planted with the designated street tree, Tristania conferta (Brisbane box), in one row, 30 feet on center. All street trees shall be a minimum 24 -inch box size when installed. Later phases of development must provide trees in sizes comparable to existing trees, or the largest commercially available. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 EXHIBIT 20.90 -3: TYPICAL SECTION -- ACACIA STREET October 2010 Newport Beach Zoning Code, Title 20 20.90 Newport Beach Zoning Code, Title 20 — This page intentionally left blank — Santa Ana Heiqhts Specific Plan October 2010 Santa Ana Heiqhts Specific Plan 20.90 EXHIBIT 20.90 -4: TYPICAL SECTION -- BIRCH STREET AND MESA DRIVE (W. of Birch) October 2010 Newport Beach Zoning Code, Title 20 80' ROW 68' PAVED 10' 10' 6' 51 12' 12' 12' 12' L S' 6' 10' "- - LL SIDE AL p3 1 ..AN ,.•vy�. 1 z a 01 1 W Z) •. ~ Y . � ..t:. . n -i ,. a• -- >,�'I _ p I:IC�i1: .4flb _�u -nlekd �IAYra ♦i! <fMr+ I y ,w. 1 _� .� IVA'.*e... ,{' October 2010 Newport Beach Zoning Code, Title 20 20.90 Newport Beach Zoning Code, Title 20 — This page intentionally left blank — Santa Ana Heiqhts Specific Plan October 2010 Santa Ana Heiqhts Specific Plan 20.90 EXHIBIT 20.90 -5: TYPICAL SECTION — ORCHARD DRIVE (In Business Park District) 70' ROW 58' PAVED 10' 6' 5' 12' 12' 1 12' 1, 12' 5' 6' 10' 3 SIDE W AL, ILI Y � 1 N 1 °" 14 i .. , �. �Ri. t,!ti!1 .'Pla0.�aln', a �.. •na'.f t X. . . October 2010 Newport Beach Zoning Code, Title 20 20.90 Newport Beach Zoning Code, Title 20 — This page intentionally left blank — Santa Ana Heiqhts Specific Plan October 2010 Santa Ana Heiqhts Specific Plan 20.90 EXHIBIT 20.90 -6: TYPICAL SECTION — CYPRESS STREET AND MESA DRIVE (E. of Birch St.) October 2010 Newport Beach Zoning Code, Title 20 20.90 Newport Beach Zoning Code, Title 20 — This page intentionally left blank — Santa Ana Heiqhts Specific Plan October 2010 Santa Ana Heiqhts Specific Plan 20.90 To screen parking areas, the remainder of the landscaped setback area shall be planted with a continual massing of shrubs and groundcover using the following plant palettes: Shrubs Hemerocallis sop. Hebe buxifolia 'coed' Pittosporum tobira'varieoata' Raphiolepsis indica Aoapanthus soo. Pittosporum tobira 'wheeleri' Xvlosma conoestum Trachelospermum iasminoides Daylily 'Hebe' Variegated tobira India hawthorne Lily -of- the -Nile Dwarf tobira Shiny xylosma Star jasmine All shrubs shall be a minimum size of five gallon. Groundcover Hedera Helix'Hahns' English Ivy Turf is discouraged. b. Residential Streetscape - Cypress Street. The Cypress Street roadway is designed with two twelve -foot travel lanes, eight -foot on- street parking areas on each side of the street and, on the east side of the street, a five - foot -wide sidewalk adjacent to the street. On the west side of the street, a three -foot planted parkway will be located adjacent to the curb along with twelve- foot -wide equestrian trail (Exhibit 20.90 -6). Funding for implementation of the streetscape along Cypress Street may be through an assessment district, redevelopment agency, or some other future funding source. The surface of the equestrian trail shall be one of the following: • Compacted decomposed granite • Existing soil, graded and compacted A three and one - half -foot high split rail fence shall be installed on both sides of the equestrian trail. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan C. Residential Streetscape - Mesa Drive. The Mesa Drive roadway is planned with the same design features as Cypress Street, with an equestrian trail on the south side of the street and a pedestrian sidewalk on the north side. Exhibit 20.90 -6 illustrates the typical section for Cypress Street and Mesa Drive east of Birch Street. Funding for implementation of the streetscape may be through an assessment district, redevelopment agency, or some other future funding source. d. Residential Streetscape - Orchard Drive The Orchard Drive roadway is designed with two twelve -foot travel lanes and eight -foot on- street parking areas on each side of the street. A ten -foot planted parkway will be located on the north side of the street. On the south side of the street, a ten -foot planted parkway provided with a meandering four -foot sidewalk. Funding for implementation of the streetscape within the residential area of Orchard Drive may be through an assessment district, redevelopment agency or some other future funding source. The streetscape improvements within the business park area will be installed by individual property owners concurrent with development of approved projects. The ten -foot landscaped parkways shall be planted with the designated street tree, Platanus acerifolia (London plane tree), in one row, thirty feet on center. All street trees shall be a minimum 24 -inch box six when installed. The remainder of the landscaped area shall be planted with Vinca minor groundcover. 2. Entry Treatments. Business Park Entry Treatment The primary purpose of entry treatment is the announcement of entry into the specific plan area. For the business park area, special entry treatment will be located at the intersection of Irvine Ave. and Orchard Dr. and on Birch St. just south of the South Bristol St. intersection (Exhibit 20.90 -2). The two entry statements should be identical in design in order to reinforce project continuity and identification. These entries may include the following: • Landscape elements, Le accent trees, shrubs, and groundcover. • Entry monumentation. • Pedestrian crossings and signalization, if appropriate. Recommended plant materials for the business park entryways include the following: Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 Accent Trees Cupaniopsis Anacardioides Carrotwood (multi- trunk) Erythrina caffra Coral tree (multi- trunk) Jacaranda mimosifolia Jacaranda (multi- trunk) All accent trees shall be a minimum 24 -inch box size. Mi itl:T' Hemerocallis spp. Daylily Hebe buxifolia 'coed' Hebe Pittosporum tobira 'variegata' Variegated tobira Raphiolepsis indica India hawthorne Bougainvillea spp. Bougainvillea Agapanthus spp. Lily -of- the -Nile Abelia arandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira 'wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelospermum iasminoides Starjasmine Dodonea viscosa 'purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. Groundcover: Hedera Helix'Hahns' English Ivy Gazania spp. Gazania Entry Monumentation. Building materials to be used for entry monumentation include the following: • textured concrete • wood • stone • masonry • brick b. Residential Entry Treatment. For the residential areas, entry treatments will be located on Orchard Drive between Birch and Cypress streets and at the intersection of Mesa Drive and Acacia Street (Exhibit 20.90 -2). These entries should be identical in design and reflect a more residential character in landscaping and signage, clearly delineating to business park users the entrance to a residential neighborhood. These entries may incorporate the following: October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan • Landscape elements: accent trees, shrubs and groundcover. Entry monumentation. Pedestrian crossings, if appropriate. Recommended plant materials for the residential entryways include the following: Accent Trees: Melaleuca auinguenervia Jacaranda mimosifolia (multi- trunk) Liquidambar styraciflua Callistemon citrinus All accent trees shall be E Shrubs: Cajeput tree Jacaranda American sweet gum Lemon bottlebrush minimum 24 -inch box size. Hemerocallis sop. Daylily Hebe buxifolia 'coed' Hebe Pittosporum tobira'variegata' Variegated tobira Raphiolepsis indica India hawthorne Bougainvillea sop. Bougainvillea Agapanthus spp. Lily -of- the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira'wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelospermumjasminoides Starjasmine Dodonea viscosa 'purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. Groundcover: Hedera Helix'Hahns' Gazania sop. English Ivy Gazania 3. Buffer Design. Along all property lines where nonresidential uses abut residential uses, a ten -foot wide landscape buffer shall be required in order to screen and soften views from existing residential uses to business park uses (see Exhibits 20.90 -2 and 20.90 -7). The concept for planting the buffer areas will consist of a dense planting of trees and shrubs incorporating both low and high vertical elements. These elements will be combined with a six -foot high opaque wall at the property line. Planting will consist of evergreen trees and shrubs, to include the following: Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 Trees: Pinus canariensis Canary Island pine Podocarpus gracilor Fern Pine Cypress leylandii Cypress Cupaniopsis anacardioides Carrotwood tree Pittosporum undulatum Victorian box Pinus halepensis Aleppo pine Trees shall be planted at 15 feet on center and shall include at least one 24 -inch box tree, with adequate infill landscaping of approved shrubs and groundcover. [clarified from County draft] Shrubs: Hemerocallis spp. Daylily Hebe buxifolia 'coed' Hebe Pittosporum tobira 'variegata' Variegated tobira Raphiolepsis indica India hawthorne Bougainvillea spp. Bougainvillea Agapanthus spp. Lily -of- the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira 'wheeleri' Dwarf tobira Xvlosma congestum Shiny xylosma Trachelospermum iasminoides Starjasmine Dodonea viscosa 'purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. Groundcover: Gazania spp. Gazania Hedera Helix'Hahns' English Ivy Heavy planting is recommended to screen views. .Parking Lot Design Within parking areas, trees shall be provided at a minimum ratio of one tree per four parking stalls. Planting islands shall be located not less than every eight parking stalls. The planting islands shall be a minimum of three feet wide and equal in length to the parking space it abuts (see Exhibit 20.90 -8). Landscaping in parking lot areas is to be protected by a curb at least six inches in height. Recommended plant materials include the following: October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heights Sp Trees: Melaleuca guinguenervia Cajeput tree Pinus canariensis Canary Island pine Eucalyptus sideroxylon Red iron bark Eucalyptus ficifolia Red - flowering gum Cuoaniopsis anacardiodes Carrotwood tree Shrubs: Hemerocallis sop. Daylily Hebe buxifolia 'coed' Hebe Pittosoorum tobira 'variegata' Variegated tobira Raphiolepsis indica India hawthorne Bougainvillea sop. Bougainvillea Agapanthus spp. Lily -of- the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosoorum tobira'wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelospermum iasminoides Starjasmine Dodonea viscosa 'purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. Plan Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan EXHIBIT 20.90 -7: RESIDENTIAL EQUESTRIAN BUFFER DESIGN 20.90 RESIDENTIAL EQUESTRIAN PROPERTY 15, BUSINESS PARK, COMMERCIAL, OR PROFESSIONAL ADMINISTRATIVE PROPERTY October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heights Specific Plan 20.90 EXHIBIT 20.90 -8: BUSINESS PARK PARKING LOT LANDSCAPE DESIGN CONCEPTS 7!1 TYPICAL BUSINESS PARK PARKING LOT LANDSCAPE TYPICAL BUSINESS PARK STREETSCAPE i �- TO October 2010 Newport Beach Zoning Code, Title 20 20.90 — This page intentionally left blank — Santa Ana Heiqhts Specific Plan i Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 Groundcover: Gazania sop. Gazania Hedera Helix `Hahns' English Ivy 5. Hardscape and Street Furniture Design. Hardscape and street furniture design elements incorporated into the overall design theme for development in the specific plan area shall include, but not be limited to: walls and fences, paving, light fixtures, bollards, benches, trash receptacles and planters. Hardscape and street furniture elements will function to allow a coordinated and consistent visual and physical connection between buildings and landscape materials within the specific plan area. Building materials to be used as key hardscape elements are specified below. All materials utilized for walls, fences, paving, lighting and street furniture shall be coordinated with and be complementary to architectural design details and materials. a. Walls and Fences. • Concrete masonry; integral color, 4" coursing maximum • Brick: either red or in earth tones • Concrete: Textured, bush - hammered, rock salt, sandblasted, integral color in earth tones • Wrought iron (as accents) • Stucco: integral or painted color (same as building stucco color or approved alternative) b. Project and Individual Site Entry Paving (outside public R.O.W.). • Concrete: integral color, rock salt, exposed aggregate finish with brick or wood edges, or stamped concrete • Paving brick: in earth tones • Paving brick tile: in earth tones • Textured concrete: in earth tones • Precast rough- textured pavers: integral color • Quarry tile: in earth tones • Rough textured granite • River washed stones /cobblestones • Asphalt; use of asphalt with the above noted materials as accent features is encouraged. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan C. Lighting Fixtures. • The following lighting elements may be incorporated into site plans for individual development proposals: • Parking light standards • Pedestrian pathways (bollard lights) • Pedestrian plaza /courtyards (bollard lights) • Landscape lighting d. Miscellaneous Hardscape. • Miscellaneous hardscape elements include bollards, benches, trash receptacles and planters. All of these elements shall be designed and located so as to complement and enhance the building. 6. Landscape Maintenance. All landscaping shall be maintained as follows: • All planting areas shall be kept free of weeds and debris. • Lawn and groundcovers shall be kept trimmed and /or mowed regularly. • All plantings shall be kept in a healthy and growing condition. • Fertilization, cultivation and tree pruning shall be carried out as part of regular maintenance. • Irrigation systems shall be kept in working condition. Adjustment and cleaning of system shall be a part of regular maintenance. • Stakes, guys and ties on trees shall be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling to the stems. • Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within 30 days. 20.90.025 — Land Use Regulations A. Land Use Designations. The following land use designations are established for the Santa Ana Heights Specific Plan area: 1. Open Space and Recreational District: SP -7 (OS /R). 2. Residential Equestrian District: SP -7 (REQ). 3. Residential Kennel District: SP -7 (RK). 4. Residential Single Family District: SP -7 (RSF). 5. Residential Multiple Family District: SP -7 (RMF) 6. Horticultural Nursery District: SP -7 (HN) 7. General Commercial District: SP -7 (GC). 8. Business Park District: SP -7 (BP). 9. Professional and Administrative Office District: SP -7 (PA). Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 10. Professional, Administrative, and Commercial Consolidation District: SP- 7 (PACC). 11. Planned Development Combining District (PD). 12. Commercial Stable Overlay District: (S). 13. Commercial Nursery Overlay District: (N). Land use and development standards for Santa Ana Heights shall be in accordance with Exhibit 20.90 -1, "Land Use Map — Specific Plan District #7, and the provisions of this Section. B. Special Symbols. The following special symbols are hereby established for the Santa Ana Heights Specific Plan Land Use Map (Exhibit 20.90 -1) Minimum Area Per Dwelling Unit. Consistent with Section 20.14.030, a number following the district symbol and enclosed by parentheses shall designate the minimum number of square feet of land area required for each dwelling unit. Example: SP -7 (REQ) (12,750) = minimum 12,750 sq.ft. per dwelling unit. 2. Minimum Building Site. A number following the district symbol preceded by a hyphen shall designate the minimum building site required in acres. Example: SP -7 (REQ) -2 = minimum building site of 2 acres. 3. Maximum Height. A number below the district symbol, with an underline under the district symbol, shall designate the minimum building height in feet. C. Definitions. Except as otherwise specified below, the meaning and construction of words, phrases, titles and terms used in this specific plan shall be the same as provided in Part 7: Commercial Kennel: Any property where four or more dogs, or four or more cats, over the age of four months, are kept or maintained for the purpose of financial gain, except veterinary clinics and hospitals. 2. Outdoor Living Area: Outdoor living area is a term used to define spaces that are associated with residential land uses typically used for passive recreational activities or other noise - sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc., associated with residential uses. Outdoor areas usually not included in this definition are: front yard areas, driveways, maintenance areas and storage areas associated with residential land uses. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan D. Noise Mitigation. 1. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels, motels, convalescent homes and hospitals) shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the structure, so as not to exceed a standard of 45 dB CNEL in all habitable rooms. In conjunction with this construction, all associated outdoor living areas shall be sound attenuated, if necessary, against present and projected highway noise so as not to exceed a standard of 65 dB CNEL. Prior to the issuance of any building permits for such development, an Acoustical Analysis Report describing the sound attenuation measures required to satisfy the noise standards shall be prepared by a City- approved acoustical consultant and submitted to the Building Director for approval. The report shall include satisfactory evidence indicating that the sound attenuation measures have been incorporated into the design of the project. 2. All nonresidential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General Plan Noise Element. Prior to the issuance of any building permits, evidence prepared by a City- approved acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Building Director in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. 3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface pursuant to FAR Part 77.13, the project applicant shall submit a "Notice of Proposed Construction" to the Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA. Upon completion of the FAA Aeronautical Study, the project applicant shall submit evidence to the Building Director that restrictions and conditions, if any, imposed on the project by the FAA have been incorporated into the design of the project. 4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport "Airport Environs Land Use Plan" shall be referred to ALUC until such time as the City becomes a "Consistent Local Agency" as defined by ALUC. For purposes of this requirement, the term "project" shall include those applications requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and /or condominium Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 conversions. Such projects shall not include minor modifications, such as remodels and additions to single family dwelling units with no intensification of development. 20.90.030 — Open Space and Recreation District: SP -7 (OSR). A. Purpose and Intent. The SP -7 (OSR) District is established to ensure the long- term use and viability of the Newport Beach Golf Course. B. Principal Uses Permitted. 1. The following principal use is permitted: a. Local and buffer greenbelts. 2. The following principal use is permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Public /private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of Title 20: a. Golf courses. b. Outdoor commercial recreation. C. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Detached buildings. 2. Fences and walls. 3. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless otherwise approved through a Comprehensive Sign Permit or Modification Permit in accordance with Chapter 20.42 and Part 5 of Title 20. 4. Restrooms. 5. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. D. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heights Specific Plan E. Site Development Standards. 1. Building site area. One acre minimum. 2. Building height. 18 feet maximum unless otherwise provided for by an approved use permit. 3. Building setbacks. 20 feet minimum from all property lines. 4. Off - street parking. Per Chapter 20.40. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 20.90.035 — Residential Equestrian District: SP -7 (REQ). A. Purpose and Intent. The SP -7 (REQ) District is established to provide for the development and maintenance of a single family residential neighborhood in conjunction with limited equestrian uses. A rural character with an equestrian theme shall predominate. B. Principal Uses Permitted. 1. The following principal uses are permitted. a. Single family detached dwellings or single family mobile homes (one per building site). b. Residential care facilities, small licensed. C. Parks, playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. e. Small family child care homes (See Section 20.48.070: Day Care Facilities). 2. The following principal uses are permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Communication transmitting, reception, or relay facilities. b. Public /private utility buildings and structures. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 C. Large family child care homes (See Section 20.48.070: Day Care Facilities). 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of Title 20: a. Fire and police stations. b. Churches, temples, and other places of worship. C. Educational institutions. d. Libraries. e. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval of a Limited Term Permit per Part 5 of Title 20: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless otherwise approved through a Comprehensive Sign Permit or Modification Permit in accordance with Chapter 20.42 and Part 5 of Title 20. 6. Home occupations per Section 20.48.110. 7. The keeping of the following animals for the recreational enjoyment of persons residing on the same building site, subject to the noted restrictions: a. Any animal if kept exclusively within the residence. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan b. Horses and ponies, limited to the following (offspring exempt up to the age of eight months): Size of Building Site (sq.ft.) Maximum Number Permitted Less than 10,000 1 10,000 to 15,000 2 Greater than 15,000 3 to 6 with use permit' *Use permits shall be processed in accordance with Paragraph G of this Section. C. Goats, sheep, pigs and cows only on building sites greater than 15,000 square feet in size and limited to: a) no more than two adult animals of any one species per building site and b) no more than a total of six adult animals, including horses and ponies, per building site. Offspring are exempt until such time as they are weaned. d. Rabbits, chickens and ducks, limited to no more than a total of six of such animals per building site. e. Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining an animal permit per County health regulations. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 f. Minimum setbacks for the keeping of animals shall be as follows: 8. Granny unit, attached or detached, in conformance with Section 20.48.200, subject to the approval of a Minor Use Permit per Part 5 of Title 20. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose except in the Commercial Stable (S) District, where applicable. 4. Commercial kennels. 5. Apiaries. 6. Aviaries. F. Site Development Standards. 1. Building Site Area. 19,800 square feet minimum. (Minimum site area does not apply to parcels in existence prior to October, 1986). 2. Building Height. 35 feet maximum. Roof - mounted mechanical equipment shall not be visible from any existing dwelling unit located 300 feet or less from the subject building site. 3. Building Setbacks. October 2010 Newport Beach Zoning Code, Title 20 From From From Property Property Ultimate Line Street Right- Abutting Line of -Way Line RSF or BP Abutting REQ District Districts Front Side Front Side Front Side All structures housing animals (e.g. corrals, 50 20 25 25 5* 5* pens, stalls, cages, 25 10 0 0 0 0 -doghouses) Exercise areas *Required for covered portions of structures only 8. Granny unit, attached or detached, in conformance with Section 20.48.200, subject to the approval of a Minor Use Permit per Part 5 of Title 20. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose except in the Commercial Stable (S) District, where applicable. 4. Commercial kennels. 5. Apiaries. 6. Aviaries. F. Site Development Standards. 1. Building Site Area. 19,800 square feet minimum. (Minimum site area does not apply to parcels in existence prior to October, 1986). 2. Building Height. 35 feet maximum. Roof - mounted mechanical equipment shall not be visible from any existing dwelling unit located 300 feet or less from the subject building site. 3. Building Setbacks. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. C. Rear setback: 25 feet minimum. 4. Off - Street Parking. Per Chapter 20.40. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. G. Use Permit Procedures. Purpose and Intent. Within the REQ District, most lots are relatively small (less than one -half acre), narrow (66 feet wide), and surrounded by existing tract housing, existing retail commercial uses and proposed business park development. Due to the unique size and configuration of these lots and their close proximity to more urbanized uses, it is necessary to require a use permit for the noncommercial keeping of horses and ponies for the purpose of ensuring compatibility with surrounding land uses. It is the intent of the City to provide for annual inspections of such equestrian facilities by all pertinent authorities, including Vector Control, Animal Control, Environmental Health, Regulation Enforcement, and others as necessary to ensure that the regulations set forth below are properly implemented. 2. Use Permit Required. Property owners or tenants keeping more than 2 horses and /or ponies over the age of 8 months on a single building site within the REQ District shall obtain an annual use permit approved by the Planning Director per Part 5 of Title 20. After 1 year from the effective date of these regulations, any property owner or tenant introducing or adding horses and /or ponies onto properties within the REQ District shall, within 1 month, obtain a Recreational Horse Permit if the total number of such animals over the age of eight months exceeds 2. The Planning Director shall issue a permit for the keeping of such animals upon receipt of the fee established by the City Council, if any, provided, in the Director's opinion, 1) such animals are being kept or maintained without endangering the safety and comfort of the inhabitants of the neighborhood, and 2) the property owner or tenant has complied with the regulations of the REQ District. Failure to comply with these regulations or any conditions imposed by the Planning Director shall constitute cause for denial or revocation of such permit. Any person whose application for a use permit is denied or revoked under the terms of these Specific Plan regulations may appeal the decision of the Planning Director to the Planning Commission in accordance with the procedures set forth in Part 5 of Title 20. Use permits shall be non - transferable and must be renewed annually. M Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 3. Permit Regulations. The following regulations shall apply a. The property owner or tenant shall initiate and maintain a program of proper manure management. The property owner or tenant shall provide for the daily collection of manure from in and around corrals and exercise areas. Manure shall be stored in covered containers. In no case shall manure be permitted to remain in any container for a period exceeding seven days. b. A program of continuous dust control of the entire premises shall be carried out. A method for light watering of arenas and exercise areas shall be maintained. In lieu of watering, chemical control of dust may be permitted. C. There shall be adequate and effective control of insects and rodents and such control shall be vigorously maintained at all times. All dry grains and pellets shall be stored in rodent -proof containers (i.e., well sealed and preferably metal containers). Hay shall be stored on a raised platform with a minimum six -inch clearance above the surrounding area. d. Combustible materials and /or solutions shall be maintained a minimum of 25 feet from all residential structures and structures housing animals. e. The property owner or tenant shall allow no animal to constitute or cause a hazard or be a menace to the health, safety, or peace of the community. The property owner or tenant shall keep all animals in such manner as may be prescribed to protect the animals from the public and the public from the animals. The property owner or tenant shall make every reasonable effort to recapture every animal that escapes. Escapes of animals wherein the recapture of the animal can not be immediately accomplished shall be reported to City Animal Control. H. Dumpster Regulations. Dumpsters shall not be placed within the front setback area of a building site for a single family residence built after January 1, 2000 or any residence being remodeled and /or repaired at a cost of more than 25% of the value of the existing residence. Dumpsters shall be effectively screened from view from the street right -of -way with appropriate screening material, i.e., block wall or wood fencing at a minimum height to completely screen the container. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan 20.90.037 — Residential Kennel District: SP -7 (RK). A. Purpose and Intent. The RK District is established to provide for the development and maintenance of a neighborhood which includes single family residences in conjunction with commercial kennel businesses. B. Principal Uses Permitted. The following principal uses are permitted: a. Single family detached dwellings or single family mobile homes (one per building site). b. Community care facilities serving six or fewer persons and large family day care homes. C. Parks, playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. 2. The following principal uses are permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Communication transmitting, reception, or relay facilities. b. Public /private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of Title 20: a. Commercial kennels when in conjunction with a single family residence on the same building site, subject to obtaining a kennel license pursuant to Chapter 7.35 of the Municipal Code. b. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval of a Limited Term Permit per Part 5 of Title 20: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, to include: Garages and carports. 2. Swimming pools. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless otherwise approved through a Comprehensive Sign Permit or Modification Permit in accordance with Chapter 20.42 and Part 5 of Title 20. 6. Home occupations per Section 20.48.110. 7. The keeping of the following animals for the recreational enjoyment of persons residing on the same building site, subject to the noted restrictions: a. Any animal if kept exclusively within the residence. b. Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining a kennel operator permit pursuant to Chapter 7.35 of the Municipal Code. C. Accessory buildings used for the keeping of animals shall not be less than 60 feet from the front property line nor less than 20 feet from any side or rear property line. 8. Granny unit, attached or detached, in conformance with Section 20.48.200, subject to approval of a Minor Use Permit. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. Apiaries. 4. The keeping of animals, except dogs and cats, other than in the residence. F. Site Development Standards. 1. Building Site Area. 8,000 square feet minimum. 2. Building Height. 35 feet maximum. 3. Buildina Setbacks. except for commercial kennels a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. C. Rear setback: 25 feet minimum. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan 4. Kennel Facilities. Commercial kennel facilities shall be located in compliance with the following: a. Location of Attached Accessory Structures. Accessory structures which are attached to a main building shall comply with the setback requirements for a main building. b. Location of Detached Accessory Structures. For the purposes of this Section, detached accessory structures are those which are separated from a main building by a minimum open clear space of 30 inches. Detached accessory structures shall be permitted anywhere on the building site except within the following areas: (1) Within the ultimate right -of -way. (2) Within the area designated on an approved building line plan as a setback area applicable to accessory buildings. (3) Within those areas where fences and walls are limited to a maximum height of 3'/z feet per the Municipal Code. (4) Within the front 50 feet or front one -half of any building site, whichever is less. (5) Within the panhandle portion of a panhandle building site. 5. Off - Street Parking. Per Chapter 20.40 6. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. G. Special Regulations. Building Site Area. An amendment to a valid use permit or certificate of use and occupancy for a commercial kennel may be approved administratively by the Planning Director, and shall not require an Acoustical Analysis Report per Paragraph G -2 of this Section if all of the following conditions apply: a. The proposed change does not increase the overall size of the facility by more than 10% from that shown on the current plot plan; b. The proposed change does not increase the number of dog runs from that shown on the current plot plan; C. The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet supplies, training classes) allowed by the current permit and does not provide for any additional accessory uses; d. The proposed change is consistent with the setback standards for kennel facilities as set out in Paragraph F of this Section; and Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 e. The proposed change satisfies the required findings for use permits in Part 5 of Title 20. 2. For all new commercial kennels or for structural modifications to existing kennel facilities requiring a use permit, an Acoustical Analysis Report and appropriate plans shall be submitted describing the noise generating potential of the proposed project and proposed attenuation measures to assure compliance with Municipal Code Chapter 10.26 (Community Noise Control). The report shall be prepared by a City- approved acoustical consultant and submitted to the Building Director for review and approval. The approved attenuation features shall be incorporated into the plans and specifications of the project 20.90.040 — Residential Single Family District: SP -7 (RSF). A. Purpose and Intent. The RSF District is established to provide for the development and maintenance of medium density single family detached residential neighborhoods. Only those uses are permitted that are complementary to and can exist in harmony with such a residential neighborhood. B. Principal Uses Permitted. 1. The following principal uses are permitted: a. Single- family detached dwellings or single family mobile homes (one per building site); b. Residential care facilities, small licensed. C. Parks, playgrounds, and athletic fields (noncommercial); d. Riding and hiking trails. e. Small family child care homes (See Section 20.48.070: Day Care Facilities). 2. The following principal uses are permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Communication transmitting, reception, or relay facilities; b. Public /private utility buildings and structures; C. Large family child care homes (see Section 20.48.070 (Day Care Facilities)). October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of Title 20: a. Fire and police stations; b. Churches, temples, and other places of worship; C. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval of a Limited Term Permit per Part 5 of Title 20: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless otherwise approved through a Comprehensive Sign Permit or Modification Permit in accordance with Chapter 20.42 and Part 5 of Title 20. 6. Home occupations per Section 20.48.110. 7. The noncommercial keeping of pets and animals as follows: 8. The noncommercial keeping of pets and animals weighing less than 300 pounds and not prohibited per Paragraph E. of this Section (Prohibited Uses), subject to the following standards: pens, cages, and other structures specifically for the keeping of animals other than in the residence, shall be located at least 25 feet from any residential window located on an adjoining building site. Exceptions to the above may be provided for by a use permit approved by the Planning Director. 9. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian District (REQ), provided that no horse shall be Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 permitted on a building site containing less than 10,000 square feet of land area, and pens, cages, and other structures specifically for the keeping of horse shall be located at least 50 feet from and residential window located on an adjoining building site. One or two adult horses are permitted on a building site containing between 10,000 and 15,000 square feet of land area. One additional adult horse may be kept for each additional 10,000 square feet, with a maximum of six horses on any one building site. The offspring of such animals shall be considered adults when eight months old. Exceptions to the above may be provided for via a use permit approved by the Planning Director. 10. Any nonconforming use of any property within this district for the maintenance of pets and animals other than those enumerated in this section shall be terminated within one year of the enactment of this section. In any case in which a building in excess of 600 square feet has been erected pursuant to a validly- issued permit for the maintenance of pets and animals, the amortization period of continuation of such use shall be extended for four additional years. 11. Granny unit, attached or detached, in conformance with Section 20.48.200, subject to the approval of a Minor Use Permit per Part 5 of Title 20. 12. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose unless provided for by an approved use permit. 4. Apiaries. F. Site Development Standards. Buildinq Site Area. 7,200 square feet minimum, except as otherwise identified on the Land Use District Map. 2. Building Height. 35 feet maximum. Roof - mounted mechanical equipment shall not be visible from any existing dwelling unit located 300 feet or less from the subject building site. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan 3. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. c. Rear setback: 25 feet minimum. 4. Off - Street Parking. Per Chapter 20.40. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 20.90.042 — Residential Multiple Family District: SP -7 (RMF). A. Purpose and Intent. The RMF District is established to provide for the development and maintenance of high- density multi - family residential neighborhoods with a moderate amount of open space. Only those uses are permitted that are complementary to and compatible with such a residential neighborhood. B. Principal Uses Permitted. 1. The following principal uses are permitted: a. Multi- family projects of 4 or less dwelling units. b. Single family detached dwellings or single family mobile homes (one per building site). C. Community care facilities serving six or fewer persons and large family day care homes. d. Parks, playgrounds, and athletic fields (noncommercial). e. Riding and hiking trails. 2. The following principal uses are permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Multi- family projects of 5 or more dwelling units. b. Communication transmitting, reception, or relay facilities. C. Public /private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of Title 20: a. Fire and police stations. b. Churches, temples, and other places of worship. C. Mobilehome parks and subdivisions. d. Residential condominium, stock cooperative and community apartment projects Title 19 (Subdivision Code). Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 e. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval of a Limited Term Permit per Part 5 of Title 20: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless otherwise approved through a Comprehensive Sign Permit or Modification Permit in accordance with Chapter 20.42 and Part 5 of Title 20. 5. Home occupations per Section 20.48.110. 6. The noncommercial keeping of pets and animals. 7. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose unless provided for by an approved use permit. F. Site Development Standards. 1. Building Site Area. 7,200 square feet minimum. 2. Building Height. 35 feet maximum. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan 3. Area per unit. 3,000 square feet minimum net land area per dwelling unit except as otherwise identified on the Land Use District Map. 4. Distance Between Principal Structures. 15 feet minimum. 5. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. c. Rear setback: 25 feet minimum. 6. Off - Street Parking. Per Chapter 20.40. 7. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 20.90.044 — Horticultural Nursery District: SP -7 (HN). A. Purpose and Intent. The HN District is established to ensure the long -term use and viability of the horticultural nursery uses located along Orchard Drive in the western section of Santa Ana Heights. B. Principal Uses Permitted. 1. The following principal use is permitted: a. Wholesale plant nurseries. 2. The following principal use is permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Public /private utility buildings and structures. C. Temporary Uses Permitted. Temporary uses are permitted subject to approval of a Limited Term Permit per Part 5 of Title 20. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Detached buildings. 2. Fences and walls. M Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 3. Signs. Signs are permitted subject to the provisions of Chapter 20.42. No sign shall exceed 25 square feet in area or be lighted or illuminated unless otherwise approved through a Comprehensive Sign Permit or Modification Permit in accordance with Chapter 20.42 and Part 5 of Title 20. 4. Any other accessory uses or structures which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. Retail nurseries. 3. The commercial stockpiling or processing of manure. F. Site Development Standards. 1. Building Site Area. 28,000 square feet minimum. 2. Building Site Width. 70 feet minimum 3. Building Height. 35 feet maximum. 4. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. c. Rear setback: 25 feet minimum. 5. Off - Street Parking. Per Chapter 20.40. 6. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 20.90.045 — General Commercial District: SP -7 (GC) A. Purpose and Intent. The GC District is established to provide regulations for the commercial areas along South Bristol street and to ensure the continuation of commercial uses which offer a wide range of goods and services to both the surrounding residential and business community. It is intended to promote the upgraded aesthetic image of the community and reduce conflicts between commercial and residential uses. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan B. Principal Uses Permitted. The following principal uses are permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Retail businesses. b. Service businesses. C. Professional and administrative offices. d. Civic and governmental uses. e. Financial institutions. f. Print shops. g. Animal clinics and hospitals. h. Automobile parking lots and structures per Chapter 20.40. i. Automobile repair specialty shops. j. Automobile dealerships. k. Churches, temples, and other places of worship. I. Commercial recreation. m. Communication transmitting, reception or relay facilities. n. Day nurseries. o. Hotels and motels. Public /private utility buildings and structures. Restaurants. Wholesale business offices with samples on the premises but not to include general storage. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of Title 20: a. Automobile washing. b. Mini - storage facilities. C. Retail sale of building materials. d. Automobile service stations per Section 20.48.210. e. Convalescent homes. f. Commercial kennels subject to issuance of a kennel license in accordance with Section 7.04.090 of the Municipal Code. g. Helistops. h. Hospitals. i. Milk processing and distribution in connection with retail dairy outlets. j. Mortuaries. k. Sanitariums, mental and health. 1. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana C. D. hts Specific Plan 20.90 Temporary Uses Permitted. Temporary uses are permitted subject to approval of a Limited Term Permit per Part 5 of Title 20. Accessory Uses Permitted. customarily associated with same building site including: Detached buildings. 2. Fences and walls. Accessory uses and structures are permitted when and subordinate to a principal permitted use on the 3. Signs. The following signs shall be permitted, subject to the restrictions specified and the provisions of Chapter 20.42: a. Wall Signs — Business or identification wall signs shall not exceed 1 square foot of sign area for each linear foot of frontage of the building, or portion thereof, involved. The total aggregate sign area for such signs shall not exceed 150 square feet for each business. If the building frontage of any business is less than 25 square feet, only one sign, with a maximum area of 25 feet, shall be permitted for each business. b. Monument/Ground Signs — One business or identification sign, including the foundation, not exceeding 50 square feet in area or four feet in height may be permitted on each additional street frontage that is in excess of 99 feet in length. C. Larger Monument/Ground Signs — A business or identification sign, including the foundation, measuring more than 50 square feet in area and /or exceeding 4 feet in height may be permitted subject to a use permit approved by the Planning Commission per Part 5 of Title 20. Applications for signs shall be accompanied by scale drawings indicating the size, sign copy, color, method and intensity of illumination, height, sign area, and location of all signs on the building site. d. Temporary Pole Signs — Temporary non - illuminated construction signs, real estate signs, and travel direction signs are permitted. However, no such sign shall be more than 16 feet in height or the following square feet in area: • Construction Project Signs: 32 square feet maximum. Real Estate Signs: For residential building sites with four or less units, six square feet. For residential building sites with five or more units, 32 square feet. For non - residential, 32 square feet. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan Off -Site Travel Directional Signs: Subject to approval of a Limited Term Permit per Part 5 of Title 20. Sign location(s), number, and area shall be as specified in the permit. (For purposes of this Specific Plan, "travel direction sign" shall mean a sign to inform the motorist as to the route or direction of travel in order to arrive at the residential development project for sale or rent to which it pertains.) e. Permanent Pole Signs — Business and identification pole signs may be permitted subject to a use permit approved by the Planning Commission per Part 5 of Title 20. Applications for such pole signs shall be accompanied by scale drawings indicating the size, sign copy, color, method and intensity of illumination, height, sign area, and location of all signs on the building site. Sign Programs — Multiple building sites that share a common access may develop a sign program subject to approval of a Comprehensive Sign Program by the Zoning Administrator per Chapter 20.42. Applications for such sign programs shall be accompanied by scale drawings indicating the size, sign copy, color, method and intensity of illumination, height, sign area, and location of all signs on the building site. g. Other Signs — Except for signs specifically prohibited below, any sign may be permitted subject to a use permit approved by the Planning Commission per Part 5 of Title 20. Prohibited Signs — The following signs are specifically prohibited: • Outdoor advertising signs or billboards. • Roof and projecting signs. • Banner signs. • Electronic message board signs. • Portable signs. • Electronic flashing /blinking signs. • Rotating signs. 4. Any other accessory uses or structures which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. Automobile repair, tire retreading, fender and body repair and paint shops. 3. Automobile wrecking, junk and salvage yards. 4. Bottling plants. 5. Rental and sales agencies for agricultural, industrial and reconstruction equipment. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 6. Warehouses, contractors' storage and equipment yards, work and fabricating areas. 7. Welding shops. 8. Drive - through facility or restaurant abutting the REQ District, unless approved prior to September 20, 1996. F. Site Development Standards. 1. Floor Area Ratio (FAR). Maximum of 0.5. 2. Building Site Area. No minimum required. 3. Building Height. 35 feet maximum. 4. Building Setbacks. a. Front Setback: No minimum required. b. Side Setback: No minimum required, except where a side property line abuts a residential district, in which case a minimum setback of 10 feet is required. C. Rear Setback: No minimum required, except where a rear property line abuts a residential district, in which case a minimum setback of 10 feet is required. A minimum setback of 5 feet is required adjacent to an alley. 5. Vehicular Access Regulations. Street openings shall be a minimum of 22 feet apart and 22 feet from any existing street openings, measured at the ultimate street right -of -way line; however, every building site shall be permitted to have at least one street opening. 6. Off - Street Parking. Per Chapter 20.40. 7. Lighting. All lighting, exterior and interior, shall be designed and located so that direct rays are confined to the premises. 8. Loading. All loading operations shall be performed on the site, and loading areas shall be screened by a landscape or architectural feature. 9. Trash and Storaoe Area. All storage of cartons, containers and trash shall be enclosed by a building or by a wall not less than 6 feet in height. If unroofed, no such area shall be located within 40 feet of any residential district. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan 10. Enclosed Uses. All commercial uses and their related products shall be contained entirely within a completely enclosed structure, except for parking and loading areas, and except for outdoor uses expressly permitted by an approved modification permit or use permit. 11. Screening. a. An opaque screen shall be installed and maintained along all district boundaries where the premises abut areas zoned for residential or agricultural uses. A screen shall consist of one or any combination of the following types: (1) Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of 4 inches thick. (2) Berms. A berm shall be not more than 20 feet in width at the base. It shall be constructed of earthen materials and it shall be landscaped. (3) Fences, Solid. A solid fence shall be constructed of wood or other materials and shall form an opaque screen. (4) Fences, Open. An open weave or mesh type fence shall be combined with plant materials to form an opaque screen. (5) Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of 2 feet within 18 months after initial installation. Permanent watering facilities shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Planning Director shall require that either walls, berms, or a solid fence be installed. b. Screen heights shall not be less than 6 feet in height except where a shorter height is required per applicable provisions of this Code. C. No signs or sign supports except those specified in the off - street parking regulations shall be permitted on any required screening. 12. Buffer Area. A minimum 6 -foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3' /z feet. Landscaping adjacent to this wall shall be in conformance with the provisions of Section 20.90.020 (Design Guidelines) and Exhibit 20.90 -7. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90.050 — Business Park District: SP -7 (BP) 20.90 A. Purpose and Intent. The BP District is established to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Attention shall be given to the protection of the adjacent residential uses through regulation of building mass and height, landscape buffers, and architectural design features. B. Principal Uses Permitted. The following principal uses are permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Professional and administrative offices. b. Financial institutions. C. Civic and government uses. d. Office- serving commercial uses, including restaurants, located within a building primarily devoted to office uses. e. Communication transmitting, reception or relay facilities. f. Public /private utility buildings and structures. g. Blueprinting, reproduction and copying services. h. Message, mail and delivery services. i. Medical and dental offices. j. Retail businesses. k. Service businesses. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per. per Part 5 of Title 20: a. Restaurants subject to the following: (1) not permitted adjacent to REQ lots. (2) no live entertainment. (3) no dancing. b. Automobile rental agencies not permitted adjacent to REQ lots. C. Commercial recreation. d. Assembly of components or finished products. e. Research, testing and development laboratories. f. Any other uses which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. Temporary uses per Part 5 of Title 20. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan 2. The following additional temporary uses are permitted subject to approval of a Limited Term Permit per Part 5 of Title 20. a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary structures directly associated with these uses, in compliance with the site development standards identified below. A cash bond in the amount of $500 for each temporary structure shall be posted with the Planning Director to guarantee the removal of each temporary structure upon the expiration of the use permit. b. Commercial coaches serving as temporary office space. A cash bond in the amount of $500 for each commercial coach unit shall be posted with the Planning Director to guarantee the removal of each commercial coach unit upon expiration of the use permit. C. Conforming uses shall be permitted in non - conforming structures subject to the approval of a Minor Use Permit. Such building site shall conform with the parking requirements and site development standards contained in Chapter 20.40 and the site development standards contained in this Section. d. Any other uses which the Planning Director finds consistent with the Purpose and Intent of this District. 3. Removal of Temporary Uses. The temporary use and accessory equipment, materials and structures permitted per Paragraph C -2, preceding, shall be removed and the premises cleared of all debris within 14 days of the expiration of the applicable use permit. 4. Prohibited Temporary Uses. a. All uses not specifically permitted per this Section. b. Storage of hazardous materials. C. Underground storage tanks. d. Trucks and trailers exceeding three tons in gross weight. e. Vehicle repair (as a primary use), automobile junk and salvage yards. f. Any use which the Planning Director finds would result in conditions or circumstances contrary to public health, safety and general welfare. 5. Time Limits. Limited Term Permits for temporary uses permitted per Paragraph C -2, preceding, shall be approved for a maximum of 5 years from the date of final determination. At the end of that time Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heights Specific Plan 20.90 period, the permit shall be reviewed and may be extended from 1 to 5 years at the discretion of the Zoning Administrator. 6. Site Development Standards for Temporary Uses. a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at 6 feet in height along the side property line and at 8 feet in height maximum along the rear property line, measured from the highest adjacent finished grade of the subject site. For properties lines adjacent to the REQ District, an 8 -foot high wall shall be required. In addition, a front wall or fence may be required at the discretion of the Planning Director. Fence or wall materials and height shall be subject to approval at the discretion of the Planning Director. However, open chain link or chain link with wooden or plastic slats shall be prohibited. b. Setbacks. Setbacks for any temporary building, wall, fence or storage area shall be 10 feet from any property line abutting a public street. C. Landscaping. A landscape plan shall be required within the 10 -foot setback area adjacent to any public street. Landscaping in these areas shall be used to screen temporary buildings, fences, walls or storage areas, which may be visible from a public street. This landscaping shall be consistent with the Design Guidelines of Section 20.90.020. d. Lighting. All lighting shall be designed and located so as to confine direct rays to the premises. e. Utility Poles and Overhead Wires. All public utility wires and lines shall be undergrounded within the 10 -foot setback area adjacent to any public street where undergrounding of utilities exists. Connections to existing utility poles will be allowed temporarily until such time as undergrounding of utilities within the street is implemented. All- Weather Surface. An all- weather surface (e.g., asphalt, concrete or other approved material) at least four inches thick shall be provided for all storage areas including storage areas for equipment, materials, and vehicles. g. Height Limit. The height of vehicles, equipment or materials stored on the subject property shall not exceed 10 feet and structures and commercial coaches shall not exceed 16 feet. In all cases, the height of vehicles, equipment, materials, structures and commercial coaches shall not exceed 6 feet if within 10 feet of the perimeter wall orfence. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan h. Hours of Operation. Commercial operations shall occur only between the hours of 7 a.m. and 10 p.m., to ensure compatibility with surrounding land uses. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Automobile parking structures, in compliance with the site development standards in Paragraph F of this Section. 2. Other detached buildings. 3. Fences and walls. 4. Signs per Paragraph F of this Section. 5. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. Outdoor storage of any equipment, materials, apparatus or vehicles greater than 1 ton unless allowed by a use permit under Paragraph C of this Section (Temporary Uses Permitted). 3. Adult entertainment businesses and adult- oriented businesses. 4. Educational institutions. 5. Hospitals and nursing homes. 6. Residential uses. 7. Manufacturing uses, unless allowed by a use permit under Paragraph C of this Section (Temporary Uses Permitted). 8. Day nurseries. 9. Automobile wrecking, junk and salvage yards. 10. Vehicle engine /transmission rebuilding as a primary use. 11. Any use which the Planning Director finds would result in conditions or circumstances contrary to public health, safety and general welfare. F. Site Development Standards. 1. Floor Area Ratio (FAR): Per Chapter 20.63. 2. Building Site Area: 19,800 square feet minimum, except as modified by special symbol per Subsection 20.90.025 -B. 3. Building Site Coverage: 40 percent maximum. 4. Building Height: 15 feet maximum or sloping up to 18 feet maximum in the first 20 feet measured from the front property line, and then 30 feet maximum for structures located less than 75 feet from any property line abutting the REQ District and 37 feet for structures located 75 feet or M Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 more from any property line abutting the REQ District. Roof- mounted mechanical equipment shall comply with the following: a. Mechanical roof screens may exceed the maximum 37 foot height limit by 6 feet, provided that the roof screen is set back from the outside face of the main building parapet a minimum of 10 feet. b. Roof screen materials and detailing must be compatible with the main building architecture. C. Roof - mounted equipment shall not be visible from a point 5 feet above the centerline of the adjacent street(s) and from abutting lots in the REQ District, as calculated from a point 5 feet above existing grade level at a distance of 300 feet or less from the subject building site. 5. Building Setbacks. a. Front setback: 10 feet minimum. b. Side setback: 0 feet minimum one side only and 10 feet minimum other side, except where the side property line abuts the REQ District, in which case the following shall apply: (1) For structures 30 feet or less in height (including roof - mounted mechanical equipment): 45 feet minimum, to include a 10 -foot wide landscape buffer adjacent to the property line. (2) For structures greater than 30 feet in height: 75 feet minimum, to include a 10 -foot wide landscape buffer adjacent to the property line. C. Rear setback: 0 feet minimum, except where the rear property line abuts the REQ District, in which case the following shall apply: (1) For structures 30 feet or less in height: 45 feet minimum, to include a 10 -foot wide landscape buffer adjacent to the property line. (2) For structures greater than 30 feet in height: 75 feet minimum, to include a 10 -foot wide landscape buffer adjacent to the property line. 6. Off - Street Parking. Per Chapter 20.40, except only 1 level of parking is permitted below any floor with office /commercial space. 7. Trash. Storaoe and Ground - Mounted Mechanical Equipment. All storage of cartons, containers and trash, along with ground mounted mechanical equipment, shall be enclosed by a building or by a wall not less than 6 feet in height. No such structure shall be located within 10 feet of any October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan property line abutting the REQ District. If unroofed, no such structure shall be located within 40 feet of any property line abutting the REQ District and no closer than 10 feet from any side property line abutting the BP District. (Refer to Section 20.90.020 for design guidelines.) 8. Enclosed Uses. All office and commercial uses and their related products shall be contained entirely within a completely enclosed structure except for parking and loading areas and outdoor uses expressly permitted by an approved use permit. 9. Landscaping. A minimum landscaped area shall be provided as follows: a. Boundary landscaping with a minimum depth of 10 feet along all property lines abutting a public street, except for the area required for street openings. b. Boundary landscaping with a minimum depth of 3 feet along all property lines not abutting a public street, except property lines abutting the REQ District where a minimum depth of 10 feet is required. C. Landscaping shall be provided in conformance with the landscape guidelines of Section 20.90.020 (Design Guidelines). 10. Building Design. All development shall be in conformance with the guidelines of Section 20.90.020 (Design Guidelines) and the following: a. On properties abutting the REQ District, a direct line of sight to abutting properties within the REQ District from second story openings, windows, usable balconies, open stairways, stairway landings or other architectural features shall be prohibited. In addition, All windows above the first floor facing the REQ District shall have a minimum height of 6' /z feet of permanent window treatment. This treatment may include integrally- obscured glass, permanently positioned window louvers or other equally effective treatment as approved by the Planning Commission. Applied films to windows is prohibited. b. Usable balconies, open stairways and landings or other architectural features shall be permitted on the sides and the front of the building, not facing the REQ District. C. All roof structures, such as air conditioning units, ventilation devices or other roof - mounted appurtenances, shall be screened from view from a point 5 feet above the centerline of any adjacent street and from the REQ District or abutting lots in the REQ District, as calculated from a point 5 feet above existing grade level from a distance of 300 feet or less from the subject building site. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 11. Liahting. All lighting, exterior and interior, shall be designed and located so that direct light rays are confined to the premises. (Refer to Section 20.90.020 for design guidelines.) 12. Buffer Area. A minimum 6 -foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3'/z feet. Landscaping adjacent to this wall shall be in conformance with the provisions of Section 20.90.020 and Exhibit 20.90 -7 (Design Guidelines). 13. Utility poles and Overhead Wires. All Public utility wires and lines shall be undergrounded within the 10 -foot setback area adjacent to any public street. 14. Signs. The following signs shall be permitted, subject to the restrictions specified and the provisions of Chapter 20.42: a. Ground Signs: 1 double -faced ground sign per building site within the required front setback area, containing only the address of the property. Ground signs shall not exceed 6 feet in height including any earth berm, pedestal, base or similar structure upon which the sign may be mounted. Height to top of sign shall be measured from the top of curb for the adjacent public street. Each sign shall not exceed 6 square feet in area and shall be externally lighted. External lighting fixtures used to illuminate ground signs shall be concealed within plant materials or attached to and designed as an integral part of the sign. The sign and sign structure shall be designed and located so as not to create a sight distance safety problem for vehicle or pedestrian traffic. b. Wall Signs. (1) 1 identification sign placed on each wall facing a public street, relating only to the name and use of the building up to a maximum of 40 square feet, and comprising no more than 10 percent of the area of the wall, including windows and door area, upon which the sign is located. Such signs shall be non - illuminated. (2) Additionally, in multiple tenancy office buildings, each individual tenant may have a wall sign over their entrance to identify only the name of the business. Each sign shall not exceed 6 square feet in area. Such signs shall not be located above the roof facia, shall not have internal lighting, and shall be made of a material compatible with the materials of the building. C. Building Directory Signs. 1 building directory at each main entrance to the building. Such directory shall have letters not exceeding 2 October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan inches in height containing only the name of the tenants, the suite or office number, and the nature of the use or service rendered. d. Real Estate Signs. 1 unlighted sign not to exceed 12 square feet in area, pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed, and including no institutional advertising. e. Internal Signs. All signs located within structures are permitted, provided such signs are not visible from any point on the boundary of the building site. 15. Drainage Plan. A drainage plan shall be submitted and approved as part of the use permit for each development showing the method for control and disposal of all waters flowing into, across and from the building site and a statement setting forth the method by which facilities shall be maintained. 20.90.055 — Professional and Administrative Office District: SP -7 (PA) A. Purpose and Intent. The PA District is established to provide for the development and maintenance of an optimal environment for moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off - street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts, and may be used to buffer residential areas. B. Principal Uses Permitted. The following principal uses are permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Automobile parking lots per Chapter 20.40 b. Churches, temples, and other places of worship. C. Civic and government uses. d. Communication transmitting, reception, or relay facilities. e. Day care nurseries. f. Educational institutions serving adults. g. Financial institutions. h. Libraries and museums. i. Professional and administrative offices. j. Public /private utility buildings and structures. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of Title 20: a. Any use which the Planning Commission finds consistent with the purpose and intent of this district. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 C. Temporary Uses Permitted. Temporary uses, per Part 5 of Title 20, to include the following: 1. Commercial coaches. 2. Christmas tree sales. 3. Halloween pumpkin sales. D. Accessory Uses Permitted. The following accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Uses per Chapter 20.30, to include: a. Detached buildings. b. Fences and walls. 2. Signs per Chapter 20.42. 3. Accessory uses and structures which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. Adult entertainment businesses and adult- oriented businesses. 2. All uses not listed in this Section as permitted. F. Site Development Standards. 1. Floor Area Ratio (FAR): As specified on Table LU2 and Figure LU11 of the Land Use Element of the General Plan. 2. Building Site Area: 10,000 square feet minimum, except as modified by special symbol, per Subsection 20.90.025 -B. 3. Building Site Width: 75 feet minimum. 4. Building Height. 35 feet maximum. 5. Building Site Coverage: 35 percent maximum. 6. Building Setbacks. 10 feet minimum from any property line, ultimate street right -of -way, or alley, except 0 feet side setback from alleys. 7. Off - Street Parking. a. Parking shall be provided as required by Chapter 20.40. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan b. Parking on the front half of the lot shall have no direct access to the street and shall be under roof unless adequate screening of open parking can be provided by berming, fencing, or landscaping as shown on an approved site plan or use permit. 8. Lighting. All lighting shall be designed and located so as to confine direct rays to the premises. 9. Trash and Storage Areas. All storage of cartons, containers and trash shall be enclosed by a building or by a wall not less than 6 feet in height. In unroofed, no such area shall be located within 40 feet of any district zoned for residential or agricultural uses. 10. Enclosed Uses. All commercial and office uses and their related products shall be contained entirely within a completely enclosed structure except for parking and loading areas and outdoor uses expressly permitted by an approved modification permit or use permit. 11. Screenino. Screening shall be provided per the standards of Subsection 20.90.045 -F. 12. Landscaping. Landscaping, consisting of trees, shrubs, vines, groundcover, or any combination thereof shall be installed and maintained in accordance with the following standards: a. Boundary landscaping is required for a minimum depth equal to the required setback distance or 10 feet, whichever is less, along all property lines abutting streets, except for the area required for street openings. b. Landscaping along all streets and boundaries shall be in compliance with Chapter 20.36 and Section 20.30.130. C. All landscaped areas shall be separated from an adjacent parking or vehicular area by a wall or curb at least 6 inches higher than the adjacent parking or vehicular area. d. Permanent watering facilities shall be provided for all landscaped areas. e. Required landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing and watering as needed, and replacement of plants when necessary. For projects with landscaping of more than one cumulative acre, a landscape and irrigation system plan shall be submitted and approved prior to the issuance of building permits to comply with current water conservation practices. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 13. Buffer Area. A minimum 6 -foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3'/3 feet. Landscaping adjacent to this wall shall be in conformance with the provisions of Section 20.90.020 and Exhibit 20.90 -7 (Design Guidelines). 20.90.060 — Professional, Administrative & Commercial Consolidation Dist.: SP -7 (PACC) A. Purpose and Intent. The PACC District is established to provide for the development and maintenance of professional and administrative office uses and commercial uses on lots located between South Bristol Street and Zenith Avenue in a manner which will ensure lot consolidation and vehicular access to and from South Bristol Street. B. Principal Uses Permitted. The following principal uses are permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. Single family detached dwelling units which lawfully existed at the time of initial adoption of these regulations by the County of Orange may be rebuilt in conformance with the zoning regulations in effect prior to the adoption of this specific plan. However, such reconstruction must comply with current building and related codes. 2. The following principal use is permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20: a. All uses permitted within the PA "Professional and Administrative Office" District per Section 20.90.055. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of Title 20: a. Retail businesses. b. Service businesses. C. Restaurants without drive - through facilities. d. Any other uses which the Planning Commission finds consistent with the purpose and intent of this district. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan C. Site Development Standards. Building Site Area: All lots within this district shall be consolidated into one building site to achieve a minimum area of 40,000 square feet. 2. Vehicular Access. Vehicular access shall be South Bristol Street. 3. Other Standards. All other site development standards shall be the same as those set forth in Section 20.90.055 for the PA "Professional and Administrative Office" District. 20.90.065 — Planned Development Combining District: (PD) A. Origin of Regulations. The PD combining regulations set forth in this Section are adapted from the County of Orange Zoning Code in order to provide continuity of land use regulation for properties which were designated as "PD" under County jurisdiction prior to annexation to the City. Thus, the applicable PD regulations and map designations have been carried forward in this City Specific Plan via the following text and the Specific Plan #7 Land Use Map (Exhibit 20.90 -1). B. Purpose and Intent. The purpose of this district is to provide a method whereby land may be developed utilizing design features which take advantage of modern site planning techniques to produce an integrated development project providing an environment of stable, desirable character which will be in harmony with existing and potential development of the surrounding neighborhood. The regulations of this district are intended to produce planned development projects which meet standards of open space, light and air, and density of land uses which provide for better use of common areas, open space and off - street parking facilities and provide for safe and efficient vehicular and pedestrian circulation. These regulations are intended to be utilized only for integrated planned development projects and should not be utilized for the establishment of individual land uses or structures unless they would become an integral part of an existing planned development. C. Application. In any district where the district symbol is followed by, as a part of such symbol, the letters "PD," planned development projects shall be permitted subject to the regulations of this section. The district symbol shall constitute the "base district" and the PD suffix shall constitute the "combining district" indicating the additional permitted uses subject to the development standards as provided in this section and the provisions of the use permit required for all planned development projects. Projects which are not planned developments and uses or structures which are not part of planned developments shall not be subject to these regulations. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 D. Principal Uses Permitted Subject to a Use Permit. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of Title 20: 1. Uses permitted by the base district regulations. 2. Planned unit developments not otherwise permitted through base district regulations. 3. Any other use which the Planning Commission finds consistent with the purpose and intent of this District. E. Accessory Uses Permitted. Accessory uses and structures which are customarily associated with and subordinate to a permitted principal use within the same project net area, which are consistent with the design of the planned development project, and which are consistent with the purpose and intent of this district are permitted subject to the approval of a Minor Use Permit per Part 5 of Title 20. F. Prohibited Uses. Uses not permitted in this Section are specifically prohibited. G. Site Development Standards. The following site development standards are in addition to the site development standards of the base district unless otherwise stated below. Building Site Area. For planned developments, the project net area shall be used. The size, location, and configuration of individual lots shall be determined by the required use permit and the tract map for the project. 2. Building Site Coverage. For planned developments, there shall be no maximum building coverage for any individual site. However, the project net area shall not exceed the following building coverage: a. 40 percent for residential projects. b. 25 percent for office and commercial projects. C. 35 percent for industrial projects. 3. Area Per Unit. For residential planned developments, there shall be no minimum land area per unit for any individual site. However, the project net area shall have an average land area per unit no less than the minimum area per unit required by the base district or per Subsection 20.90.025 -B. (Note: This is normally designated by a number following the district symbol "PD" and enclosed in parenthesis on the zoning district map.) October 2010 Newport Beach Zoning Code, Title 20AM 20.90 Santa Ana Heiqhts Specific Plan 4. Number of Dwelling Units. The project net area divided by the minimum land area per dwelling unit will determine the maximum number of permitted dwelling units for the project. 5. Building Setbacks. For planned developments, building locations need not satisfy the base district setback regulations but shall be determined by the approved use permit. Building locations shall be dimensioned on the use permit plans including distances between buildings and distances from streets and common driveways. 20.90.070 — Commercial Stable Overlay District: (S) A. Principal Uses Permitted. Commercial stables, housing horses and ponies only, are permitted in areas designed with an "(S)" overlay designation, subject to approval of a use permit by the Planning Commission per Part 5 of Title 20. No residential uses shall be permitted on the same building site as a commercial stable. B. Site Development Standards. Building Height: 20 feet maximum, except for structures used for the storage of hay. However, in no case shall any structure exceed 35 feet in height. 2. Building Setbacks. Minimum setbacks for all structures housing animals shall be as follows (all other structures shall be located in conformance with the standards of the underlying base district (e.g. "REQ Residential Equestrian ")): a. Front Setback.: 50 feet minimum. Exercise areas, such as arenas, shall be set back a minimum of 25 feet. b. Side Setbacks: (1) Abutting all districts except BP District: 5 feet minimum. Exercise areas shall also be set back a minimum of 5 feet. (2) Abutting BP District: 25 feet minimum. Exercise areas shall be set back a minimum of 5 feet. C. Rear Setback: 5 feet minimum. Exercise areas shall also be set back a minimum of 5 feet. 3. Number of Animals: 25 animals per gross acre maximum. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 4. Landscaoina. Boundary landscaping shall consist of trees, shrubs, vines, grasses, ground cover or any combination thereof. Such areas shall not include open soils, building, paving, gravel or any other assemblage of building materials upon or over the land. Landscaping shall be provided as follows: a. Boundary landscaping with a minimum depth of 20 feet along all property lines abutting a public street, except for the area required for street openings. b. Boundary landscaping with a minimum depth of 5 feet along all property lines not abutting a public street. C. An approved irrigation system shall be provided. 5. Building Design. All buildings shall maintain a consistent design theme (e.g., use of similar exterior materials). Use of earthtone colors and non - reflective roof materials shall be required. 6. Lighting. All lighting shall be designed and located so that direct rays are confined to the premises. 20.90.071 — Fire Facility Overlay District: (FF) A. Purpose: Fire Facility ( "FF) Overlay District shall be established solely to provide for municipal fire protection and a municipal fire training center that serves residents and businesses in and around Newport Beach and surrounding communities. The District shall allow a municipal fire station, a classroom -style fire training room, and a municipal Fire Training Center ( "FTC'), that includes one four -story training tower. The tower may be of a height and design that will allow Fire Department personal to train for fire suppression and rescue activities that could reasonably occur within the city limits of Newport Beach, given the height and size of residential and commercial buildings in the city. In no instance shall the FF Overlay District be assigned to properties that do not directly involve municipal fire suppression and municipal fire training activities. B. Principal Uses Permitted. A municipal fire station, a fire training classroom, and a municipal FTC only are permitted within the Business Park District when assigned and "FF' overlay designation, subject to approval of a Minor Use Permit which considers input from the Santa Ana Heights Project Advisory Committee and includes conditions related to the design and operation of the facility. C. Site Development Standards. Building Height: the maximum building height for a FTC in the FF overlay shall be forty- five(45) feet above nearest adjacent grade to the top of parapet, top of ridge, and top of miscellaneous building elements such as mechanical roof screens, guardrails, cowels, vents and antennae. The maximum height for other structures shall be per Specific Plan BP District criteria in Section 20.90.050 F.4. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan 2. Building Design. All buildings, including the FTC, shall maintain a consistent design theme through the use of similar and compatible building materials, finishes, and colors. 3. Lighting. Fixed or permanent lighting on the site shall comply with the following: a. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitting to shine onto public streets or adjacent sites or to create a public nuisance. "Walpak" type fixtures are not permitted. Parking are lighting shall have zero cut -off fixtures and light standards shall not exceed twenty -five (25) feet in height. All lighting shall be designed and located so that direct rays are confined to the premises. b. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. C. Prior the issuance of a building permit, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Department. d. Prior to the issuance of a Certificate of Occupancy or final building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare. 4. Other Standards. All other site development standards shall follow the Business Park District's site development standards as shown in Chapter 20.90.050 D. Land Use Map Designator: The FF Overlay District shall apply to all parcels shown on the "Specific Plan District #7 Land Use Map" (Exhibit 20.90 -1) with an " -FF" designator. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 20.90.072 — Commercial Nursery Overlay District: (N). Wholesale commercial nurseries are permitted in areas designed with an (N) overlay, subject to the site development standards of the base district.. 20.90.073 — Public Improvements. A. Purpose and Intent. The intent of this Section is to provide for public improvements identified as needed for the area in the County's Santa Ana Heights Specific Plan, precursor to the present City of Newport Beach Specific Plan. B. Circulation Plan. The Circulation Plan is designed to provide for safe vehicular, equestrian and pedestrian movement within and adjacent to the specific plan area. Santa Ana Heights has been heavily impacted by nonresidential traffic attempting to avoid congested conditions on surrounding arterials. Thus, a primary consideration in the development of the plan was reduction of through traffic within residential areas. With the development of business park uses within areas adjacent to residential uses, another consideration was the separation of business park and residential traffic. Street improvements and modifications intended to achieve these objectives are described below. • Improvement Feature 1: Installation of a traffic signal at the intersection of Irvine Avenue and Orchard Drive. • Improvement Feature 2: Installation of a traffic signal at the intersection of Mesa Drive and Santa Ana Avenue. • Improvement Feature 3: Construction of a cul -de -sac and improvement of Cypress Street south of South Bristol Street. • Improvement Feature 4: Monitoring traffic in the Bayview tract. The City will continue the County's program to monitor traffic in the Bayview tract. However, traffic counts have not indicated a significant increase in traffic volumes that would warrant further circulation improvements. If traffic counts do show a significant increase in traffic volumes, a circulation improvement test program to study and develop a method to control any potential through traffic in the Bayview tract will be reviewed and implemented. The program's objective would be development of an optimal solution, one that minimizes through traffic along Mesa Drive and in the Bayview tract without significantly inconveniencing a large number of residents. The test program methodology will include extensive monitoring of traffic before any improvements are installed and then systematic monitoring of a variety of test alternatives. Each alternative would involve installation of temporary improvements for a period October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan of possibly 30 days. The alternatives to be tested could include: 1) a cul -de- sac at the north end of Orchid Street; 2) the closure of Spruce Avenue; 3) closure of the north end of Orchid Street and the south end of Bayview Avenue; and 4) the closure of both Spruce and Bayview Avenues just north of Azure Street to northbound traffic, in tandem with the Orchid Street cul -de- sac. Other alternatives might be tested in addition to, or in lieu of, those mentioned above. The community would be consulted both before and after the program is implemented. Both traffic engineering criteria and community input would be considered in evaluating the results of the program. • Improvement Feature 5: Realignment of the intersection at Mesa Drive and Acacia Street. The Acacia Street intersection with Mesa Drive will be improved to make a T- intersection with the realignment of Mesa Drive /Birch Street (Feature 7) for improved sight distance. • Improvement Feature 6: Construction of a cul -de -sac at the eastern end of Orchard Drive within the western portion of Santa Ana Heights and vacation of the remaining right -of -way. • Improvement Feature 7: Realignment of Birch Street /Mesa Drive and roadway improvements. These improvements will widen Birch Street to an 80 foot right -of -way south of Bristol Street and connect Birch Street to Irvine Avenue by incorporation of a section of Mesa Drive. • Improvement Feature 8: Additional right -of -way and pavement width on the Business Park streets: 70 feet of total right -of -way for Acacia Street, 70 feet of right -of -way for Orchard Drive east of Birch Street, and 80 feet of total right -of -way for Birch Street. Mesa Drive from Irvine Avenue to the realigned portion of Birch Street will also be increased to an 80 -foot right -of -way. The above circulation improvements have been implemented in a phased manner to best achieve the plan's objectives. Implementation of Improvement Features 1, 3, and 4 have been given priority because they are designed to provide an early reduction or elimination of through and business park traffic in residential neighborhoods. As of the current Specific Plan revision, Improvement Features 1, 2, 3, 5, 6, and 7 are complete. For Improvement Feature 4, traffic continues to be monitored. Improvement Feature 8 is currently being designed and will be implemented when the required right -of -way has been acquired. Funding possibilities for these improvements include the Orange County Development Agency, an assessment district, or developer contribution. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 C. Public Services /Utilities Plan. The Public Services /Utilities Plan addresses the adequacy of existing water, sewer and drainage facilities to meet existing and ultimate demand and identifies those public works facility improvements needed to implement the Land Use Plan. The public works improvements recommended are based on studies prepared by the County which took into account ultimate buildout of the specific plan area, Orange County fire flow requirements and other design criteria. City design criteria may differ in some respects, which may require modifications before implementation occurs. The proposed upgrading of facilities is required to eliminate deficiencies which will be created once the Specific Plan is implemented. Some relocation of facilities will be necessary due to proposed realignments of street rights -of -way. Specific proposals for the improvement and modification of facilities and services are described below. Water Distribution System Improvements. The Irvine Ranch Water District presently provides adequate water service to the specific plan area to serve existing land uses. Ultimate development of the area, however, will require 7,400 linear feet of six -inch and eight -inch water mains and additional fire hydrants for fire protection. Planned improvements are described below. • Improvement Feature 1: Replacement of the 6 -inch line with an 8 -inch line on Irvine Avenue and Acacia Street from South Bristol to Mesa Drive. • Improvement Feature 2: Installation of the 12 -inch water main along South Bristol Street from Irvine Avenue to Spruce Avenue. • Improvement Feature 3: Replacement of the 4 -inch line with a 6 -inch line from Orchard Drive south along Riverside Drive. • Improvement Feature 4: Replacement of the 4 -inch line with a 6 -inch line from Orchard Drive south 700 feet along Kline Drive. • Improvement Feature 5: Replacement of the 6 -inch line with a 12 -inch line on Birch Street between South Bristol Street and Mesa Drive, and the extension of the 12 -inch line west along Mesa Drive to Irvine Ave. As of the current Specific Plan revision, Improvement Features 2 and 5 have been completed. 2. Sewer System Improvements. The Costa Mesa Sanitation District (CMSD) provides sewer service to the specific plan area. Various sewer mains in the area flow at or near capacity. In order to adequately serve October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan ultimate buildout, installation of 8,215 linear feet of 10 -inch through 18- inch sewer mains and upgrading of two pump stations in the general area will be required. The following improvements have been identified for construction and /or upgrading. • Improvement Feature A: Line A, located on the north side of the Santa Ana -Delhi channel, conveys sewer flows from Bristol Street east to Santa Ana Avenue and then continues south along the channel. This main does not convey sewer flows from the specific plan area. This 8- inch diameter line will be expanded to a 10 -inch line. • Improvement Feature B: South Bristol Flow Reversal. This project is to direct a portion of the sewer flow in the study area from CMSD facilities to the Sanitation Districts of Orange County facilities. This project includes a 12 -inch gravity sewer. • Improvement Feature C: Line C, located along the Santa Ana -Delhi channel, conveys sewer flows from the western portion of Santa Ana Heights and the commercial center on Santa Ana Avenue. An 18 -inch parallel line is proposed to be installed. • Improvement Feature D: Pump Station 11 collects sewer flows from various portions of Santa Ana Heights and pumps to Sewer Pump Station 10 (Improvement Feature E). Pump Station 11 is proposed for upgrading, to include installation of new pumps and controls, electrical service, and remodeling of the existing wet well. • Improvement Feature E: Pump Station 10 pumps sewer flows from various portions of Santa Ana Heights to the 24 -inch sewer trunkline along Fair Drive (Improvement Feature F), which flows into the CMSD treatment facility. Pump Station 10 is proposed for upgrading, to include installation of new pumps and controls, electrical service, and remodeling of the existing wet well. • Improvement Feature F: Line F is a 24 -inch trunkline located along Fair Drive which transports flows from Pump Station 10 to the CMSD treatment facility. A 15 -inch parallel line is proposed to be installed. • Improvement Feature G, Area 2 Outfall Sewer Facilities: This project will reduce the flows to Costa Mesa Sanitary District's Tustin Office Avenue Pumping Station, in order to meet demands under ultimate conditions. The project includes a new pump station at the Bristol /Birch intersection, a gravity sewer, and a new sewer force main in Birch Street, along the SR -73 bridge and extending northerly into Newport Beach. In includes a gravity sewer in Birch Street from the SR -73 bridge to MacArthur Boulevard. 3. Drainage System Improvements. In general, the existing storm runoff collection system within the specific plan area is adequate, with the Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 exception of areas where proposed circulation realignments and modifications will alter street drainage patterns. The ultimate land use changes and circulation improvements will require the construction of 2,550 linear feet of 30 -inch reinforced concrete pipe (RCP) mains and a system of catch basins. Improvements to the existing system are described below. Improvement Area 1: • One 14 -foot catch basin at Orchard Drive and Birch Street. • 30 -inch RCP along Birch Street from Orchard Drive to Mesa Drive. • One 7 -foot catch basin at Mesa Drive to drain southerly. • 30 -inch RCP from Mesa Drive to Santa Ana -Delhi channel. Improvement Area 2: • 30 -inch RCP on Cypress Street from Cypress Street cul -de -sac to South Bristol Street. • Two 14 -foot catch basins at Cypress Street cul -de -sac. Improvement Area 3: • One 14 -foot catch basin at Orchard Drive cul -de -sac. • One 18 -inch RCP from Orchard Drive cul -de -sac to the Santa Ana - Delhi channel. Improvement Area 4: • Installation of 1,900 feet of storm drain along Santa Ana Avenue south of Orchard Drive. • Installation of eight catch basins on Santa Ana Avenue. Improvement Area 5: • Installation of an 18 -inch diameter drainage system along Indus Street and Redlands Drive to divert storm water run -off around this area to the Santa Ana -Delhi Channel. Improvement Area 6 • Installation of an 18 -inch diameter RCP and three catch basins along Bayview Avenue. • Installation of a storm drain and two catch basins along 250 feet of Orchid Street. Birch - Cypress Drainage Problem: A localized drainage problem exists along Birch and Cypress streets south of Orchard Drive. In this area, surface runoff flows from parcels October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan fronting on Cypress Street onto parcels along Birch Street. Ponding of water also occurs on at least one parcel along Birch Street. This drainage situation is a particular concern where business park development is planned to occur along Birch Street. Such development must provide for the transport of runoff from adjacent residential parcels to the drainage facilities planned along Birch Street. The area affected by this drainage is based on existing topography. In order to adequately provide for surface runoff in this area, a comprehensive drainage plan and implementation program must be developed for the area prior to any business park development within the affected area. Possible drainage solutions which are being considered include the following: An underground storm drain collection system. A pumping station which collects storm runoff and pumps to an acceptable public storm drain system. Funding possibilities for the above improvements include the Orange County Development Agency, an assessment district, or developer contribution. 4. Electric. Telephone and Cable Television Improvements. Although not anticipated, the planned improvements and modifications to the circulation system may require utility relocations, realignments, or abandonments. D. Fire Protection. Addition of the development in Santa Ana Heights to the City's fire protection responsibilities may require the construction of a new fire station located in or near Santa Ana Heights. Funding possibilities for the fire station include the Orange County Development Agency, an assessment district, and /or developer contributions. E. Recreation Improvements. The Recreation Plan is designed to enhance equestrian opportunities within the specific plan area with appropriate connections between local and regional trail systems. Exhibit 20.90 -9 identifies those recreational facilities planned within and adjacent to the specific plan area. Elements of the Recreation Plan are as follows: A local equestrian trail has been constructed along the west side of Cypress Street from the north end of the street to Mesa Drive. As currently shown on the Recreation Plan, the trail would continue west along the south side of Mesa Drive to just prior to Birch Street, where it turns south to connect with the proposed regional trails along Upper Newport Bay and the Santa Ana -Delhi channel. This local equestrian trail is also planned to extend east along Mesa Drive from Cypress Street to the Irvine Coast Regional Trail. Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.90 2. Acquisition of an appropriate site for development of a public equestrian center will be studied. Facilities within a center may include box stalls and pipe corrals, arenas, horse rental facilities, parking and staging areas, and other related support facilities, including an office and storage rooms. If a site is acquired by a public agency, the property would be developed and maintained by a private stable operator under a lease agreement with the agency. 3. Regional recreation facilities, either existing or proposed within the general areas, include: two existing golf courses, the Newport Beach Golf Course and Santa Ana Country Club; the existing Irvine Coast Regional Riding and Hiking Trail through Upper Newport Bay, linking the existing trail along San Diego Creek with the proposed Santa Ana Heights Regional Riding and Hiking Trail along the Santa Ana -Delhi channel; an existing bikeway along Irvine Avenue south of University Drive; and proposed bikeways along University Drive and through Upper Newport Bay. 4. The County's Upper Newport Bay Regional Park will include land adjacent to the State Ecological Reserve. This regional park will complement the Ecological Reserve with more active uses, such as an interpretive center and a pedestrian trail, and will serve as a buffer from adjacent land development. October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan — This page intentionally left blank — i Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan EXHIBIT 20.90 -9: RECREATION IMPROVEMENT PLAN •v Regional Bikeway oo Proposed Regional Bikeway ® Proposed local Equestrian Trail ® local Equestrian Trail ■01 Regional Riding and Hiking Trail © Proposed Regional Riding and Hiking Trail ® Golf Course Proposed County Regional Park October 2010 Newport Beach Zoning Code, Title 20 ►1 •1 20.90 Santa Ana Heiqhts Specific Plan — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heights Specific Plan 20.90 20.90.080 — Discretionary Review and Amendments. A. Discretionary Permit Procedures. Discretionary permits, including use permits, variances, site plan review, and modification permits, shall be processed per Part 5 of the Zoning Code. B. Specific Plan Amendment Procedures. This Specific Plan is part of the City's Zoning Code. Therefore, amendments to the Specific Plan shall be processed in accordance with the procedures for Code amendments as set forth in Chapter 20.66 October 2010 Newport Beach Zoning Code, Title 20 20.90 Santa Ana Heiqhts Specific Plan — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.91 Chapter 20.91 — Reserved for future Specific Plan October 2010 Newport Beach Zoning Code, Title 20 20.91 Santa Ana Heiqhts Specific Plan — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 Santa Ana Heiqhts Specific Plan 20.92 Chapter 20.92 — Reserved for future Specific Plan October 2010 Newport Beach Zoning Code, Title 20 20.92 Santa Ana Heiqhts Specific Plan — This page intentionally left blank — Newport Beach Zoning Code, Title 20 October 2010 m®pir ■ Banning Ranch YRl'rk \ w ♦ P °af CA OA ?Jw, 1 / OA E �. 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J0AOUIN ' a p ,'”„ R E S E R V O I R O4 R 2 � r 78 "PC 56 PC-47 0 v o- e PC -3J f2M �x �° 11-1 Pt 18 s cyq %i,, R_1 w, ,42 du '`v j PC -3 = C- ' PC -6 R NFC _ PC -30 52 du . PC -A; � P 28 � , oaW. r R / OR 101 180 du F 1 : 'ie 0 T ne h SAN am o.,e•o RM ,- s m CN PC-56 OR m CN jr 1 "3q4 J W y 0 ° PC -55 A(9 SEE DETAIL B ©3 °F, PC -27 s r 1'Q4 3 8 du RM PI 3 RM PF I u 1 89171 d p) A P/Pn. -6 D ■■ >�� m = °s — ,� 1 � h w � i��� PC Number PC -1-MHP r Sayside Village Mobile Home Park with Mobile Home Park Overlay - UP 463 I Newport Harbor Lutheran Church Number I Harbor View Hills number of dwelling units is regulated, The first PClI Oakwood Apartments - UP 1370, UP 1405 I North Ford - CM Commercial Recreational Marine I Lido Peninsula - UP 1390, UP 1638 Support Facilities: 30,00 sf, I Park Newport - UP 1412, UP 1557 I Big Canyon for the area designated. Where two numbers I Sayside Village Boat Launch and Storage -UP 1481, UP 1657, UP 1943 PC -10 Vesailles on the Bluff Family Mausoleum: 12,000 sf PC-11 Newport Place OR - Office - Regional Commercial PC -12 Promontory Point - UP 1494 227,797 PC -13 Jasmine Creek 37 PC -14 Newport Crest - UP1585 designated. Example: CG 0.5 or PI 0.5 PC -15 Koll Center (Not included in total square footage PC -16 Newport Terrace - UP 1621 327,671 PC -17 Corporate Plaza 43 PC -18 Broadmoor & Pacific View Planned Communities (PC) - Each PC District PC -19 San Joaquin Plaza PC -20 Land Rover Example: LE&_,9Y PC -21 Sea Island Apartments 55 PC -22 Westcliff Grove PC -23 Block 800 Newport Center PC -24 Aeronutronic Ford 74,000 PC -25 Banning Newport Ranch 66 PC -26 Caltrans West (NOT USED) PC -27 Newport Village PC -28 Block 400 Newport Center 75,000 PC -29 Corona del Mar Homes 70 PC-30 Villa Point Apartments Parking Structure for Bay Island I Jasmine Park PC-32 Bayuew 11,630 PC-33 Corona del Mar Senior's Project 72 PC-34 Point Del Mar PC-35 Fashion Island (NOT USED) PC-36 Emerald Village - UP 3342 PC-37 Castaways Marina PC-38 Hoag Hospital four legal lots are consolidated PC -39 Bayvew Landing 0.5 FAR PC -40 Corporate Plaza West PC -41 Newporter North PC-42 San Diego Creek North PC-43 Upper Castaways PC-44 Upper Newport Bay Regional Park PC-45 Balboa Bay Club PC -46 Block 500 Newport Center PC-47 Newport Country Club PC-48 Newport Dunes PC-49 Newport Tennis Club PC -50 Bonita Canyon PC-51 Marina Park PC -52 Newport Coast PC -53 Newport Ridge PC-54 Santa Barbara Residential PC-55 Sayside Residential PC -56 North Newport Center Anomaly Development Development Additional Number indicates that both the minimum and maximum ■ number of dwelling units is regulated, The first - CG - Commercial General 163.680 - CV - Commercial Visitor- Serving Administrative Office & - CM Commercial Recreational Marine to calculate the maximum number of dwelling - and Support Facilities: 30,00 sf, 33 3, Anumber followed by the DU symbol indicates Community Mausoleum and OM - Office - Medical for the area designated. Where two numbers Garden Crypts: 121,680 sf, OG - Office - General Commercial number of units allowed, the second number Family Mausoleum: 12,000 sf 35 199,095 OR - Office - Regional Commercial 36 227,797 Mixed -Use Zoning Districts district symbol designates the maximum floor 37 131,201 2,050 Theater Seats designated. Example: CG 0.5 or PI 0.5 MU -CV 115TH ST - Cannery Village Anomaly Locations - Anomaly locations (Not included in total square footage designates the Zoning Map with a reference 41 327,671 included on the Zoning Map. Example: (i 43 611 Hotel Rooms Planned Communities (PC) - Each PC District 51 20,000 along with a sequential reference number. 52 Example: LE&_,9Y 479 Hotel Rooms 55 119,440 63 66,000 64 74,000 66 138,500 67 20,000 69 75,000 70 Parking Structure for Bay Island (No Residential Units) 71 11,630 72 8,000 73 350,000 1.0 FAR permitted, provided all four legal lots are consolidated 76 0.5 FAR into one parcel to provide unified site design • -__ t - - PC♦� Zoning Ma �, - — 23 DU P �ry 17 , _ ..--.•-.• Pi ll I City of Newport Beach . R -2 SE _ 1o. R .a:° •a rr -.-•.--.-..-•.• - ..- .•- .•......... 75 ° — 4s 11 -13 . P E DETAIL 2010 o.TS \ + « — _ - - - -- -- � '�, - / f <• PI - - - -- Coastal Zone Boundary Industrial Zoning Districts °o —e��� +- City Boundary IG - Industrial ANNE[ nrg Pltf F�:1 -6000 • G Q3 t 'P =31 2 Residential Zoning Districts Special Purpose Zonin g Districts , F k -e r Single -Unit Residential os - Open Space t ' r h _ CC a ti R_A -Parks and Recreation Easr RrnJ , g $) ^ � 0.7 5 a � PR R 1 PF Public Facilities 13,33 - _ �•� ..,:. �� R 1 o RM R -2 , k w 8 R -1 -6000 III - Private Institutions a,' 48 du w sF h T. „ v € RA -720U PI O. PC - Planned Community a- R -1 -10000 `CC 'RM� rr . Overlay Zoning Districts "' i. s Two -Unit Residential m „ g 7 a du '�, „ Specific Plans Newport Coast R-2 SP -7 - Santa Ana Heights R_1 c- 6 a" "aaR2 RM -6000 PC -52 0" Wp0 R -BI (Balboa Island) Other Overlay Districts F 14 fop 1a do 9 °pe .f" R -2 -6000 i B - Bluff Development PC -52 "•r R=1- 6000x., Multi -Unit Residential PM - Parking Management aK RM MHP Mobile Home Park R-1-6000 RM -D N Other Zoning District Symbols - < o R'M -6000 Residential Districts- ell, Commercial Zoning Districts 1. A number following the district symbol g designates the minimum site area required per Commercial dwelling unit if the requirement differs from the ;M« CN - Commercial Neighborhood district standard minimum. Example: RM (2178) 2- Two numbers following the district symbol CC - Commercial Corridor indicates that both the minimum and maximum number of dwelling units is regulated, The first - CG - Commercial General number designates the site area used to calculate - CV - Commercial Visitor- Serving the minimum number of units required, The second number designates the site area to be used - CM Commercial Recreational Marine to calculate the maximum number of dwelling - and units allowed. Example: RM (3100 1 2420) Commercial Office 3, Anumber followed by the DU symbol indicates the maximum number of dwelling units allowed OM - Office - Medical for the area designated. Where two numbers are shown. the first number represents the maximum OG - Office - General Commercial number of units allowed, the second number represents the minimum number of units required. OA - Office - Airport Example: RM 50 DU or RM 3881300 DU OR - Office - Regional Commercial Nonresidential Districts- A number following the Mixed -Use Zoning Districts district symbol designates the maximum floor area ratio allowed for the nonresidential area MU -V - Mixed Use Vertical designated. Example: CG 0.5 or PI 0.5 MU -CV 115TH ST - Cannery Village Anomaly Locations - Anomaly locations designates the Zoning Map with a reference MLI - Dover / Westcliff number that coincides with an Anomaly Table included on the Zoning Map. Example: (i MU -MM - Mariner's Mile Planned Communities (PC) - Each PC District MU -W1 - Mixed Use Water Related shown on the Zoning Map with a "PC" designator along with a sequential reference number. Example: LE&_,9Y MLI - Mixed Use Water Related Zoning_Map_Wcn king -mxd March 2010 [D:eta'l A C MU -W2 \ - �' V, RM Q 2178) % I CM 0,3 Icc P' PF R �j \I CG 0.75 75 ���yhUU 55 du 1 ' L 7 7du RM\r CN 0.3 `-criis[ r is d, 18 d 4du ✓ _ � � r�J `\A\ 12 du �V ItU -W2' rr�\ JE Irv:, e >: Al Crystal Cove State Park - -"`._ RM \ \•`/ U Detail B a9 DU RM Detail C "�.. 9 DU v % RM 10 DU Li i M -2 CV p 0.75 Qf MU -V cv 0.5 PC MU -V RM `w„ 24 DU YY I\ E 0 0.5 1 Miles