HomeMy WebLinkAbout845 - Planning & ZoningAFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
County of Orange,
REDDICK
of the said County, being duly sworn, deposes
and says: THAT ............he is and at all times here
mentioned was a citizen of the United States,
over the age of eighteen years, and that ...............
he is not a party to, nor interested in the above
entitled matter; that ._..___... he is the * ..................
............. .._........... printer of the Newport Harbor
News Press, a newspaper of general circulation,
printed and published in the City of Newport
Beach, County of Orange, and which newspaper
has been adjudged a newspaper of general cir-
culation by the Superior Court of the County
of Orange, State of California, under date of
October 22, 1954, Case Number A 24831;
that the notice, of which the annexed is a printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates,
to -wit:
April 21
all in the year 19_._58
*Printer Foreman of the Printer or Principal
Clerk of the Printer.
Subscribed and Sworn to before me this
21st �ay of April _....., 19_ 58,
(SEAL) Notary Public in and for said County
and State.
My Commission Expires
November 1 ,_ 19.., j_..__._
88o
ORDINANCE NO. 845
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING, REPEALING AND ADDING CERTAIN
SECTIONS OF ARTICLE IX OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO PLAN-
NING AND ZONING
The City Council of the City of Newport Beach does ordain as
follows:
SECTION 1: Section 9102.0 of the Newport Beach Municipal
Code is amended to read:
"SECTION 9102.0. The several general districts established
are as follows:
Agricultural- Residential District or R -A District.
Single Family Residential District or R -1 District.
Duplex Residential District or R -2 District.
Restricted Multiple Family Residential District or R -3 District.
Multiple Residential District or R -4 District.
Intermediate District or I District.
Neighborhood Commercial District or C -N District.
Light Commercial District or C-1 District.
General Commercial District or C-2 District.
Manufacturing District or M -1 District.
Unclassified or U District.
Controlled Manufacturing District or M -1 -A District.
SECTION 2: Section 9102.2 of the Newport Beach Municipal
Code is amended to read:
SECTION 9102.2. The designations, locations and boundaries
of the districts established are delineated upon the maps. entitled
'Districting Map for the City of Newport Beach, Caufomia', dated
November 27, 1950, which maps and any additional maps subsa+
quently adopted and all notations and information thereon are here-
by made a part of this Article by reference."
SECTION 3: Section 9103.11 of the Newport Beach Municipal
Code is amended to read:
Section 9103.11. Uses Permitted:
(a) Single Family dwellings.
(b) One accessory building only if constructed sim-
ultaneously with or subsequent to the main build -
in on the same lot or building site.
(c) Accessory uses normally incidental to single
family dwellings. This is not to be construed as
permitting commercial uses.
(d) One sign, not over six (6) square feet in area,
and pertaining only to the sale, lease or rental of
the property upon which the sign is to be located."
SECTION 4: Section 9103.15 of the Newport Beach Municipal
Code is amended to read:.
"Section 9103.15. Yards Required:
(a) Front yards: Minimum required twenty (20) feet
and maximum permitted thirty -five (35) feet, ex-
cept as may be otherwise indicated on the Distri-
cling Maps. Distances shown on Districting
Maps are to be measured from front property line.
(b) Side yards: Each aide yard shall not be less than
three (3) feet wide on bulding sites forty (40)
feet wide or less, or four (4) feet on lots wider
than forty (40) feet, provided that the side yard
on the rear twenty (20) feet of the street side of
a comer lot where there is reversed frontage,
1 shall not be less than the front yard- required or
existing on the adjacent reversed frontage.
(c) Rear yards: Minimum requirement of ten (10)
feet. (Where alleys exist, see Section 9105.4
(e).)
SECTION 5: Section 9103.21 of the Newport Beach Munici-
pal Code is amended to read:
"Section 9103.21 Uses Permitted:
(a) Single family dwellings,
(b) Two detached single family dwellings or one
duplex.
(c) Accessory uses normally incidental to single family
dwellings or duplexes. This is not to be construed
as permitting any commercial uses.
(d) One sign not over six (6) square feet in area and
pertaining only to the sale, lease or rental of the
property upon which the sign is located."
SECTION 6: Section 9103.23 of the Newport Beach' Munici-
pal Code is amended to read:
"Section 9103.23. Building Site Area and Lot Width
Required. /
(a) For each two (2) dwellings or one duplex —
minimum of four thousand (4,000) square feet
and minimum width of forty (40) feet on inter-
ior lots; minimum of five thousand (5,000)
Square feet and minimum width of fifty (50)
feet on comer lots. In no case, shall there be
more than two (2) .single family dwellings or
one duplex on any one (1) building site.
(See Section 91053 for exceptions).
(b) For each family unit in any building a minimum
of one thousand (1,000) square feet of land
area."
SECTION 7: Section 9103.25 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.25. Yards Required:
(a) Front yards: Minimum required twenty' (20)
feet, and maximum permitted thirty -five (35)
feet, except as may be otherwise indicated on the
Districting Maps. Distances shown on District-
ing Maps are to be measured from front lot
line.
(b) Side yards: Each side yard shall not be less than
three (3) feet wide bn building sites forty (40)
feet wide or less, or four (4) feet on lots wider
than forty (40) feet, provided that the side yard
on the rear twenty (20) feet of the street side of a
comer lot, where there is reversed frontage, shall
not be less than the front yard required or exist-
ing on the adjacent reversed frontage.
W Rear yards: Minimum requirement of ten (10)
feet. (Where alleys exist, a" Section 9105.4
(e).)„
(d) Between detached buildings; Minimum ten (10)
feet .
SECTION 8: Section 9103.31 of the Newport Beach Muni.
cipal Code is amended to read:
"Section 9103.31 Uses Permitted:
(a) Single Family Dwellings.
(.b) Not mom than three detached single family
dwellings, one triplex, or one duplex.
(c) Signs not over six (6) square feet in area and
unlighted, pertaining only to the sale, lease or
rental of the property upon which the sign is
located."
SECTION 9: Section 911`13.32 of the Newport Beach Muni.
01pal Code is amended to read:
"Section 9103.32. Uses permitted, subject to first
securing a Use Permit in each case:
(a) Multiple dwellings in excess of three (3) single
family units, apartment houses, dwelling groups,
and rooming or boarding houses and motels.
(b) Community centers, social halls, lodges, clubs
and rest homes, subject to first securing a Use
Permit in each case.
(c) Signs larger than six (6) square feet and ap-
purtenant to any use."
SECTION 10: Section 9103.34 of the Newport Beach Muni-
cipal Coda is amended to read:
"Section 9103.34. Building Height Limit:
(a) For main buildings — thirty -five (35) feet pro-
vided that the height may be Increased to a
maximum of seventy -five (75) feet upon the
obtaining of a use permit in each case.
(b) For accessory buildings — maximum fifteen (15)
feet."
SECTION 11: Section 9103.35 of the Newport Beach Muni.
cipal Code is emended to read::
"Section 9103.35. Building Site Area Required.
(a) For each building or group of buildings —
minimum of four thousand (4,000) square feet
and minimum width of forty (40) feet on inter-
ior lots;' minimum of five thousand (5,000)
square feet and minimum width of fifty (50)
feet on corner lots.
(b) For each family unit in any bullding or group of
buildings, minimum of twelve hundred (1200)
square feet of land area."
SECTION 12: Section 9103.42 of the Newport Beach Muni-
cipal Code is amended to read::
"Section 9103.42. Uses permitted, subject to first
securing a Use Permit in each case:
(a) Hotels, motels and rooming or boarding house$.
(b) Professional offices.
(c) Community centers, social halls, lodges and
clubs.
(d) Signs larger than twelve (12) square feet and
appurtenant to any use.
(e) Hotel and motel restaurants, 'on -sale' liquor
establishmentd, and other appurtenant services
and retail shops designed primarily for the con.
venience of the guests of said hotels and motels
and provided that all access shall be from a
lobby, patio or court yard, and further pro-
vided that no advertising be visbile from any
street."
SECTION 13: Section 9103.43 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.43. Accessory Uses Permitted:
(a) Accessory uses and buildings normally incidental
to any of the above. This shall not be construed
as permitting any commercial use or occupation
other than those specifically permitted."
SECTION 14: Section 9103.44 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.44 Building Height Limit:
(a) For main buildings — fifty (50) feet provided
the height limit may be increased upon the ob-
taining of a Use Permit in each case.
(b) For accessory buildings — fifteen (15) feet pro-
vided the height limit may be increased upon the
obtaining of a Use Permit in each case."
SECTION 15: Section 9103.45 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.45. Building Site Area Required:
(a) Same as specified for R -3 Districts.
(b) For each family unit in any buildings or group
of buildings, minimum of five hundred (500)
square feet of land area may be permitted sub-
ject to first securing a Use Permit in each case."
SECTION 16: Section 9103.480 is added to the Newport Beach
Municipal Code to read:
"Section 9103.480. Neighborhood Commercial or C -N
District. '
The following regulations shall apply in all C -N
Districts and shall be subject to the provisions of
Chapter 5."
SECTION 17: Section 9103.481 is added to the Newport Beach
Municipal Code to read:
"Section 9103.481. Uses Permitted:
(a) Professontal offices, community centers, social
halls, lodges and clubs. .,
(b) Retail stores and personal service establish-
ments within a building inclu &ng appliance
stores, bakeries (not wholesale), banks, barber
shops, beauty parlors, book stores, department
stores, drug stores, food shops, hardware stores,
nurseries, offices, radio stores, gasoline service
stations, restaurants, antique shops, shoe shops,
studios, tailor shops, and other uses which in the
opinion of the Planning Commission are of a
similar nature.
(c)One non - flashing sign appurtenant to any permit-
ted use and not over thirty -five (35) square feet
in area for each side (if two sides are used.)"
SECTION 18: Section 9103.482 is added to the Newport Beach
Municipal Code to read:
"Section 9103.482. Building Height Limit:
(a) Maximum height any building — thirty -five (35)
feet, provided that the height limit may be in-
creased to a maximum of seventy -five (75) feet
upon the obtaining of a Use Permit in each
case."
SECTION 19: Section 9103.483 Is added to the Newport Beach
Municipal Code to read:
"Section 9103.483. Building Site Area Required:
.(a) For each main building — minimum of two
thousand (2000) square feet. Minimum building
site frontage required twenty -five (25) feet"
SECTION 20: Section 9103.484 is added to the Newport Beach
Municipal Code to read:
"Section 9103.484. Yards Required:
(a) Front Yard — None, except where the frontage
In a block is partially in an 'R' District, in which
case the front yard shall be the aame as required
in such 'R' District."
SECTION 21: Section 9103.51 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.51. Uses Permitted:
(a) Multiple dwellings or apartment houses, hotels,
motels, boarding houses, professional offices,
community centers, social halls, lodges and clubs.
(b) Retail stores and personal service establish-
. ments within a building, including appliance
stores, bakeries (not wholesale), banks, barber
shops, beauty parlors, book stores, department
stores, drug stores, food shops, hardware stores,
nurseries, offices, radio stores, gasoline service
stations, restaurants, antique shops, shoe shops,
stUdioa, tailor shops, and other uses which in
the opinion of the Planning Commission are of a
similar nature.
(c) Sighs appurtenant to any permitted use."
SECTION 22: Section 9103.52 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.52. Uses permitted, subject to first se-
curing a Use Permit in each case:
(a) Animal hospitals, auto sales and repair shops,
boat sales, marine service stations, cleaning as.
tablishments, laundries, launderettes, mortuaries,
outdoor markets, wholesale stores, outdoor sales
establishments, pet shops, public garages, trailer
courts, theatres, used car sales lots and other
uses which, in the opinion of the Planning Com-
mission are of a similar nature.
(b) Handicraft enterprises, including the manufac.
taring and repair of household furnishings,
clothing, ceramics, novelties and toys, and uses
which in the opinion of the Planning Commission
are of a similar nature.
(c) Signs, other than those appurtenant to any per-
mitted use, including billboards.
(d) Single family dwellings; duplexes and dwelling
groups."
SECTION 23: Section 9103.60 is added to the Newport Beach
Municipal Coda . to read:
"section 9103.60
(a) Uses permitted in the 0.2 District shall be plan-
ned, developed and operated in such a manner
that noise, smoke, dust, odor and waste of any
kind is confined and /or purified so as to control
pollution of air, soil and water to meet the
standards or requirements of the Planning Com-
mission, and in such a manner to eliminate any
detrimental effect to public health, safety and
welfare and be in harmony with objectives of
the planning of this city.
(b) The Planning Commission may designate such
conditions as it deems necessary to secure the
purposes of this section and may require such
guarantees -and evidence that such conditions
are being or will be complied with."
SECTION 24: Section 9103.61 of the Newport Beach Muni
cipal Code is amended to read:
"Section 9103.61. Uses Permitted:
(a) Multiple dwellings or apartment houses, hotels,
motels rooming and boarding homes profes-
sional offices, community centers, social halls
and clubs.
(b) Wholesale stores and storage within a building,
wholesale bakeries.
(c) The following uses when conducted within a
building or enclosed by a solid board or masonry
fence at least six (6) feet in height in each
case: Creameries, bottling works, building ma-
terial yards, contractors yards, feed and fuel
Yards, including machine shops, storage of
goods and materials and other uses which in the
opinion of the Planning Commission are of a
similar nature.
(d) signs appurtenant to any permitted use."
SECTION 25: Section 9103.62 of the Newport Beach Muni-
' cipal Code is amended to read:
"Section 9103.62. Uses permitted, subject to first
securing a Use Permit In each case:
(a) Lumber yards, light manufacturing, including
manufacture and repair of boats, clothing, nov-
elties and toys, and uses which, in the opinion
of the Planning Commission, are of a similar
nature.
(b) Single family dwellings, duplexes, dwelling
groups and trailer courts.
(c) Signs, other than those appurtenant to any
permitted use,"
SECTION 26: Section 9103.70 is added to the Newport Beach
Municipal Code to read:
"Section 9103.70.
(a) Uses permitted In the M -1 District shall be
planned, dev%loped and operated In such a
manner that noise, smoke, dust, odor and waste
of any kind is confined and /or purified so as
to control pollution of air, soil and water to
meet the standards or requirements of the Plan-
ning Commission, and in such a manner to
eliminate any detrimental effect to public
health, safety and welfare and be in harmony
with objectives of the planning of this city.
(b) - The Planning Commission may designate such
conditions as it deems necessary to secure the
purposes of this section and may require such
guarantees and evidence that such c6nditions
are being or will be complied with."
SECTION 27: Section 9103.73 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.73. Uses Prohibited:
(a) Auto wrecking, fish canneries and /or reduction
grinding and processing plants; drilling for and /
or removal of oil, gas, or other hydrocarbon
.materials; distillation of bones; dumping, dig -'
posal, incineration or reduction of garbage,
sewage, offal, dead animals or refuse, fat ren-
dering; manufacture or storage of acid, cement,
explosives, fireworks, fertilizer, glue, gypsum,
lime, plaster of Paris or asphalt, stockyard or
slaughter of animals, refining of petroleum or
its products, smelting of iron, tin, zinc, or other
ores; junk yards, hog raising, bag manufacture
or cleaning, blast furnace or boiler works, brew-
eries, coke ovens, cooperage works, incinerators,
cordage mulls, foundries, tanneries, and all other
uses which in the opinion of the Planning Com-
mission are of similar nature or may be ob-
jectionable as provided by Section 9103.70 (a)."
SECTION 28: Section 9103.8 of the Newport Beach Muni-
cipal Code is amended to read: -
"Section 9103.6. Unclassified or U District.
The following regulations shall apply in all Unclassi-
fied or U Districts and shall be subject to the provisions
of Chapter 5. ('U' District shall include all of the mcor-
porated area within the City not precisely zoned or in-
cluded in any zone or district as provided for under the.
zoning code of the City of Newport Beach.)"
SECTION 29: Section 9103.92 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.92. Uses Permitted, subject to first
securing a Use Permit in each case from the Planning
Commission. Said uses must comply with the limitations
and restrictions of the M -1 -A District Zone:
Furniture upholstering; furniture manufacturing;
finished paper products; assembling and construction
paper products with finished paper stock; garment
manufa'ethring; boat building within a building;
laundry and dry cleaning plants; manufacture of
novelties, toys and dmall appliances; medical and
dental offices and clinics; other uses which in opinion
of Planning Commission are coinparable and similar
in character with the uses permitted in the Distrlcj
and whch comply with the limitations and restRi,
tions specified in this M -1 -A Zone."
SECTION 30: Section 9103.93 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.93. Building Height Limit —Fifty (50)
feet, provided that the height may be increased, subject
to first securing a Use Permit in each case."
SECTION 31: Section 9103.96 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9103.96. Off Street Parking for Automobiles
Required.
Off street parking and loading on the building mite
shall be required in 14-1 -A Districts according to the
following formula:
1, A minimum of two (2) parking spaces shall be
provided for every three (3) employees on the
shift having the largest number of employees,
not less in any case, than one space for each
2,000 square feet of grounds or floor space area
used for sales, warehousing, storage, manufactur-
ing, processing, or related uses.
2. Location and layout of off - street parking area
shall be approved by the Architectural Con-
trol Committee.
3. All loading and unloading operations and parking
of trucks shall be provided for and performed on
the premises." -
SECTION 32: Section 9104.1 of the Newport Beach Muni-
' cipai Code is amended to read:
"Section 9104.1. Combining Or ' -B' District.
The following regulations still apply in lieu of
building site area, yard and lot width requirements in
the respective districts where such districts are combined,
with the ' -B' District, and shall be subject to the pro-
visions of Chapter 5. All other provisions of the respec-
tive districts shall apply."
SECTION 33: Sections 9104.11, 9104.12, 9104.13 and 9104.14
of the Newport Beach Municipal Code are hereby repealed.
SECTION 34: 'Sections 9104.11, 9104.11 -1, 9104.12, 9104.13
and 9104.14 are added to the Newport Beach Municipal Code to
read:
"Section 9104.11. Building site area, lot sizes, set-
backs and coverage required in 'B' Districts.
Comb. Min. Min. Min. Min. Mtn. Max.
Designs- Min. Bldg. Lot Lot Front Rear Side Cover -
tion Site Area Width Length Yard Yard Yard age
B 6,000 sq. ft. 60' 80' 20' 6' 6' 601/0
B -1 7,600 sq. ft. 75' 90' 15' 7' 7' 60%
B -2 10,000 sq. ft. 90' 100' 15' SO' 10' 60%
B -3 20,000 sq. ft. 100' 150' 15' 10' 10' 60%
B -4 As designated on zoning provided that no requirements be
lesg than B -3 regulations. All setbacks on the street side
of a corner lot shall not be less than that required on ex-
isting or adjacent reversed frontage when such exists.
Section 9104.11 -1. There shall be a minimum of
seven hundred and fifty (750) square feet of rear yard
land area adjoining the main dwelling maintained un-
covered.
Section 9104.12. Any banks graded or benched for
building sites In ' -B' Districts wherein cuts are required,
leaving banks or slopes of a greater grade than 'a ratio
of 3 to 1, shall be approved by the Planning Commission
prior to obtaining a building permit.
Section 9104.13. Maximum density permitted in 'R'
Districts where combined with ' -B' District.
The following minimum building site area shall be
required for each family unit:
R -2 R -3 R -4
'B' 3000 sq. ft. 1500 sq. ft. 1250 sq. ft.
'B -1' 3000 sq. ft. 1500 sq. ft. 1250 sq. ft,
'B -2' 3000 sq. ft. 2000 sq. ft. 1500 sq. ft.
113-3' 3000 sq. ft. 2000 sq. ft. 1500 sq. ft
Section 9104.14, Change in setbacks. The Planning
Commission may approve a change in the setbacks set
forth in Section 9104.11 where it is found.by the Planning
Commission that such change will make for a better plan-
ned development, and where such change is in harmony
with the Master Plan of the City."
SECTION 35: Section 9104.2 of the Newport Beach Muni-
cipal Code is amended to read:
"S'ection 9104.2. Combining or ' -H' District.
The following regulations shall apply in all 'C' and
'M' Districts with which are combined ' -H' Districts, in
addition to the regulation hereinbefore specified therefor,
and shall be subject to the provisions of Ch ^pter 5 of this
Article; provided, however, that if any of the
specified in Sections 9104.21 and 9104.22 the
of the corresponding regulations speeifisli in Lhls
for any district with which is oombined an ' H'.
then in such case the provisions of Section - 9104:x! and
9104.22 shall govern." '
SECTION 36: Section 9104.21 of the lyewport $each Muni.
cipal Code is amended to read:
"Section 9104.21. Uses Permitted:
All uses permitted in the respective districts with
which the ' -H' District is combined, subject to approval
of design of building and design and location of parking
lot, provided however as follows:
(a) Off- street parking on the building site shall be
required in all districts with which the ' -H'
District is combined, according to the foll�w.ng
formula:
f i) Retail Stores, 1 parking ?pace for each Soo
sq. ft. and 1 loading apace for each 10,000
sq. ft. of store floor area.
,2) Office Building,, 3 parking apace for each
200 sq, ft. of floor area.
(3) Wholesale and industry, 2 parking spaces
for each 3 employees, but in no case less
than I parking Space per each 2000 sq. ft.
and 1 leading space for each 10,000 sq. ft.
of floor -area.
,4) Restaurants. 1 parking space for each s
(5)
(F)
(7)
seats.
Public Assembly
each 5 Seats.
1 parking space for
Theatres, 1 parking space for each 5 seats.
Hotels, 1 parking space for each 2 guest
rooms.
18) Hospitals, 1 parking space for each bed' -
and in addition 1 parking space for each
resident dor'or and each employee. 1
19) Clinics, 1 p,king space for each 100 sq. ft.!
of floor area, plus 1 additional space for
each doctor and each employee.
(10) Motels, 1 parking space for each guest unit,
(b) The Plammng Commission, on petition of the,
property owner, may waive or reduce off- street`
parking required by the terms of this section;
under the following conditions:
(1) When the proposed use is within two
hundred (200) feet of a Municipal off -
street parking lot deemed sufficient by the
Planning Commission to meet the maximum.
requirements of the area.
(2) When the off - street parking requirement
causes unnecessary hardship because of the
Sine or shape of lots in single ownership
and of record on the effective date of this
ordinance."
SECTION 97: Sectlon 9105.2 of the Newport Beach Muni-
cipal Code is amended to read:
"Sectiorf 8105 .2, 7,3 ''S11� Limit,;
(a) Chin a{ Lag(*dles, monuments, radio
and other towers, water tanks, and similar
structures and mechanical appurtenances may be
permitted in excess of height limits, subject to
first securing a Use Permit in each case.
(b) No fence, hedge or screen planting of any kind
shall hereafter be constructed or grown to ex-
ceed six (6)- feet in height within any required
side yard to the ,rear of the front line of any
dwelling or along any rear property line nor to
exceed three (3) feet in height along the pro-
perty line to the front of any dwelling or within
fifteen (15) feet of the corner of any Intersect-
ing Street."
SECTION 38: Section 9105.4 of the Newport Beach lvinni,
cipal Code is amended to read:
"Section 9105.4. Yards.
(a) Architectural features such as cornices or eaves
may extend not exceeding two and one -half (21A)
feet into any required front or rear yard setback.
(b) None of the above mentioned amliltectural
features may encroach within two (2) feet of
any side lot line. FIreplimes and chimneys not to
exceed nine (9) feet in width, constructed of
incombustible material, may encroach to a dis-
tance of two (2) feet from the side line, provid-
ing the other side yard Setback in the same
building site is kept clear as a passageway.
(a) Open uncovered porches, lending places, may
project not exceeding six (6) ;eet into any re-
quired front. yard.
Marquees, awnings or shades may project from
the building Into the front yard setback in any
+• 'R' District, not to exceed five (5) feet from the
building nor more than one -half the depth of the
required ::_ "`. yard, and he within the required
inner aide yard lines end have a ciearancs above
grade vertically cf not less than six feet six
Inches (81").
Any such projection from the building shall be
self - supporting and shall be of incombustible
material or of not less than one -hour fire resis-
tive construction.
Marquees, awnings or shades may project from
the building Into the rear yard setback in Any I
'R' District, not to exceed two and one -half (21/2,
feet.
(d) Whenever an Oifiicial Plan Line has been estab-
lished for any street, required yards shall be
measured from such line and in no case shall the
provisions of this Ordinance be construed as
permitting any encroachment upon any Official
Plan Line.
(e) In residential areas having alleys ten (10) feet
or less in width to the rear of lots or building
sites in R-1 or R -2 Districts, rear yard require-
ments may be measured from the center line of
such alley.
In residential areas having alleys to the rear of
lots or building Sites, no attached or detached
garage, fence, hedge, screen planting or other
obstruction shall be constructed closer than five
(5) feet to any alley,
(f) In case an accessory building is attached to the
main building, it' shall be made structurally a
part of and have a common wail with the main
building and Shall comply in all respects with the
requirements of this ordinance applicable to the
main building. Unless so attached an accessory
building in an 'R' District Shall be located on the
rear one -half (%) of the lot and at least six (8)
feet from any dwelling building existing or un-
der construction on the same lot or any adja-
cent lot, provided that In any 'R' District com-
bined with any 'B' District the Planning Com-
mission may approve the focatlon of the ac-
cessory building on the front half of the lot
and detached from the main building without a
variance, provided the location will not be
detrimental to adjoining property and further
provided that the Planning Commission approves
of the elevation and location of said accessory
building.
Said detached accessory building may be built
to within one (1) foot of one of the side lot lines.
•, Such accessory building shall not be located
within five (5) feet of any alley or within
five (5) feet of the side line of any alley or with-
in five (5) feet of the side line of the front one -
half I%) of any adjacent lot, or, In the case of
a corner lot, to project beyond the front yard
required or existing on the adjacent lot. In the
case of a lot abutting on two or more streets, no
building shall be erected closer to the property
line than the front yard setback, established on
either street, In any case where the rears of
loW nbrmklly• border streets and the fronts of
the lots face a common walkway, the main
stricture and /or accessory buildings may be
constructed within five (5) feet of the rear
property line. In the case of subdivisions where
lots or building sites are laid out or planned
to border a street and overlook a waterway,
beach or bluff, the portion of such lots border -
Ing the street may be considered the rear
yard for purposes of location, construction or
maintenance of main or accessory buildings, pro-
vided that all of the lots in a block conform to
this pattern. In all such cases the required Set-
back from the street shall be a minimum of five
(51 feet and the normal front yard requirements
shall apply to the portion of such lots adjacent
to any waterway, beach or bluff, except that
such front yards ma� exceed the maximum of
thirty -five (35) feet permitted in residential
districts.
(g) Every building or portion thereof which is de-
signed or used for any dwelling purpose in any
'C' or 'M' District shall comply with the require-
ments of such appropriate residential district as
Is determined by the use to which such 'C'
or 'M' District property is being put; provided,
however; that when the entire ground floor of
any such building is used for any commercial
or manufacturing purpose, the yard provisions
specified fo? sach 'C' or 'M' District may be ap-
plied to the ground floor only."
SECTION 39: Section 9105.5 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9105.5. Automobile Sorage or Parking
Space:
Accessible storage or parking space for the parking
of automobiles off the street shall be provided in any 'R'
District as follows:
(a) .Nut less than one (1) garage space for each
single f ]ling. -
(b) Not less §brme (1) gartgenipue, for�eai$
family unit in "any duplex, triplex or oti'any
dwelling group of six (6) or less family units.
(c) Not less than one (1) garage space for each
two (2) guest moms in any rooming house.
(d) Not less than one (11 parking space for each
two (2) guest rooms in any hotel,
(e) Not less than two (2) off - street automobile
parking Spaces one of which must be a garage
space, for each family- unit in any dwelling
group, multiple dwelling or apartment building
containing in excess of six (6) family units.
(f) Not less than two (2) garage spaces per family
unit in any residential 'B' District.
(g) Parking space required for other uses allowed In
any 'R' District and not set forth above shall
be determined by the Planning Commission and
Act forth As a condition to the granting of the
Use Permit for such use."
SECTION 40: Section 9105:6 of=the Newpoci Beach Munl-
elpal Code is amended to read:. .
"Section 9105.6. Architectural Control:
(a) In case an application is made for a permit for
any building or structure in any 'C -N', 'C' or
'M' District, said application shall; be accom-
parried by architectural drawings or sketches
and plot plans, all to a workable scale, show-
ing the elevation of the proposed building or j!
structure and proposed landscape or ,other treat) • , ,
went of the grounds around such building or-
structure and other physical features, such as
trees, hydrants, poles, etc. Such drawing or
sketches shall be considered by the Planning
Commission in an endeavor to provide that such
buildings or structures and grounds be in keep-
ing with the character of the neighborhood and
such as not to be detrimental to the orderly and
>t 06 • harmonious development of the City, or to impair
tr:t the desirability of investment or occupation in
the neighborhood.
,(b) The Planning Commission may appoint an Archi-
tectural Committee of three (3) members, who
may be employees in the following departments
of the City of Newport Beach: Building Inspec-
lion and City Engineer.
(e). ,Tft AArchitectural Committee shall have author.
tb "ippYWe -ltrohitectural sketches within the
S' 7.1'df1 Seetibn 9105.6 of this Article, but '7
all approvals shall be based on standards of
good architectural design; such standards, which
shall be entitled 'Drawings and Illustrated
Architectural Standards for Certain Areas Desig-
nated in Article IX of the Municipal Code of the
City of Newport Beach', shall be approved by
the Planning Commission and the City Council,
and shall be on file in the City Building Inspec-
tor's Office. Said drawings shall show desirable
architectural standards, but are not designs
which must be copied in order to secure approval
of plans.
(d) In case the applicant is not satisfied with the
'decision of the Architectural Committee, he may
within thirty (30) days after such action appeal
in venting to the Planning Commission. The
Architectural Committee may, if it deems advis-
able, refer any application for architectural ap
proval to the Planning Commission for its de-
cision.
(e) In case the applicant is not satisfied with the
action of the Planning Commission, he may within
thirty (30) days appeal in writing to the City
Council and said Council shall render its decision
within thirty (30) days after the filing of such
appeal.
(f) No permit shall be issued in any case herein -
above mentioned until such drawings and sketch-
es have been approved by the Planning Com-
mission or by the City Council in the event of
appeal from the Planning Commission, and all
buildings, structures and grounds shall be in
accordance with the drawings and sketches."
SECTION 41: Section 9106.21 of the Newport Beach Muni-
cipal Code is amended to Lead:
"Section 9106.21. Application:
(a) Application for Use Permit shall be made to the
Planning Commission in writing on a form pre-
scribed by the Commission and shall be accom-
panied by plans and elevations necessary to
show the detail of the proposed building or use.
Such applications shall be accompanied by a fee
of Twenty -five Dollars ($25.00) if a public
hearing is deemed necessary by the Planning
Commission, or Fifteen Dollars ($15.00) if no
public hearing is required.
(b) Where a public hearing is deemed necessary by
the Planning Commission, they may require the
applicant to furnish the Commission a certified
list of property owners as required by Section
9106.22, accompanied by a filing fee of Fifteen
Dollars ($15.00) in lieu of the Twenty -five
Dollar ($25.00) fee."
SECTION 42: Section 9106.22 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9106.22, Public Hearings:
(a) No public hearing need be held thereon, provided
that the Planning Commission may hold any
hearings as it deems necessary.
(b) In case a public hearing is deemed necessary, a
notice of such hearing shall be given at least
five (5) days prior to such hearing through the
mail to all property owners whose names and
addresses appear on �th''e�'' ""latest adopted tax roll
as owning lirokkrly Fvxum a distance of three
hundred (306)• fichWthe exterior boundaries
of applicant's" ��e y�g
SECTION 43: Section. 8106 I
.31 ce- the Newport Beach Muni-
cipal Code is amended to read:
"Section 9106.3L Application:
(a) Application foe& varl ' shall be made by the
property owner in w i pg on a form prescribed
by the Planning Commission and shall he accom-
panied by a fee of Fifty Dollars ($50.00).
The Planning Commission may require the appli-
cant to furnish a certified list of property own-
ers, as required by Section 9106.32, accompanied
by a filing fee of Twenty -five Dollars ($25.00) in
lieu of the Fifty Dollars ($50.00) required in
subsection (a) above.
In either case, the application shall, in addi-
Ftion, be accompanied by a .statement, plans and
evidence showing:
,(1) That there are exceptional or extraordinary
circumstances applying to the land, build-
ing or use referred to in the application,
which circumstances or conditions do not
apply generally to land, buildings and /or
uses in the same district.
(2) That the granting of the application is
necessary for the preservation and enjoy-
ment of substantial property rights of the
applicant. '
(3) That the granting of such application will'
not, under the circumstances of the partic-
lar case, materially affect adversely the
health or safety of persona residing or
working in the neighborhood of the prop-
erty of the applicant and will not under
the circumstances of the particular case
be materially detrimentdl to the public
welfare or injurious to property or improve-
. ..I n4nt;1n(iga(d neighborhoods'
t3$G'iX�1 ,.44: Seetign ".3A -of the NewpoKt Beach Muni-
cipal Code is amended to FmvAn --
"Section 9106.32. P%Mc Hearings:
(a) A public hearing lihall be held witbin 4ixty (60
days ,r fter filing of the application, notice of
whiobr sl}Nl, be, given at least five (5') days prior
to such -. hvA9ng through the mail to all property
owners whose names and addresses appear on
the latest adopted tax roll as owning property
within a distance of three hundred (300) feet
from the exterior boundaries of the applicant's
.property,•
SECTION 45: Section 9106.41 of the Newport Beach' Muni-
cipal Code is amended to read:
; "Section 9106.41. Any zoning permit, use permit or
variance granted in accordance with .the terms of this
Article shall be revoked If not used with one and one-
half (1%) years from date of approval unless, on ap-
proval, the Planning Commission specifies or has speci-
fied a different period of time."
SECTION 46: Section 9106.52 of the Newport Beach Muni-
cipal Code 11- mended to read:
Sec Ion 9106.52. Public Hearings:
(a) (no Planning Commission shall hold at least one
(1) public hearing on any proposed amendment,
and shall give notice thereof by at least one
(1) publication in a newspaper of general circu-
lation within the City at least ten (10) days
prior to the first of such hearings.
(b) In case the proposed amendment consists of a
change of the boundaries of any district so as
to reclassify any property from any district to
any other district, the Planning Commission
shall give additional notice through the U. S.
Mails at least five (5) days prior to the first
of any public hearings to all property owners
within threes hundred (300) feet of the appli-
cant's property ,m shown on the last approved
assessment rolls of the City. -
(c) Any failure to mail such notices as aforesaid
shall not invalidate any proceedings for amend-
ment of this Article."
SECTION 47: Section 9107.17 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9107.17. 'BUILDING SITE.' A lot or parcel
of land, in single or joint ownership, and occupied or to
be occupied by a main building and accessory buildings,
or by a dwelling group and its accessory buildings, to-
gether with such open spaces as are required by the terms
of this Article, and having its principal frontage on it
street, road, highway, waterway or ocean front"
SECTION 48: Section 9107.24 of the Newport Beach Munl-
cipal Code is amended to read:
"Section 9107.24. 'DWELLING, MULTIPLE OR
APARTMENT DWELLINGS: A building or portion there-
of used and designed as a residence for three (3) or more
families living independently of each other, and doing
their own cooking in said building, includng apartment
houses, apartment hotels and flats, but not including auto-
mobile courts."
SECTION 49: Section 9107.27 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9107.27. 'GARAGE SPACE.' An accessible
and usable covered space of not less than nine (9) feet,
clear width, inside measurments, by twenty (20) feet,
clear length, inside measurements, for parking of auto-
mobiles off the street, such space to be located on the
lot so as to meet the requirements of this Article for an
accewory building. Any such garage space to be so locat-
ed on the front one -half (%) of a lot shall have side walls
roof, and an operating garage door for access of auto-
mobiles." -
SECTION 50: Section 9107.32 of the Newport Beach Muni-
cipal Code is amended to read:
"Section 9107.32. 'PARKING SPACE.' An accessible
and usable space on the building site located off the
street with access for parking of automobiles. The size
of each space and the access thereto shall be as indicated
on the standards for parking layout adopted by the
Planning Commission and on file in the Building Inspec-
tor's Office."
SECTION 51 :This Ordinance shall be published once in the
Newport Harbor News Press, a newspaper of general circula-
tion, printed and published in the City of Newport Beach, and
the same shall be effective 30 days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 24th day
of March, 1958, and was adopted on the 14th day of April, 1958,
by the following vote, to wit:
AYES, COUNCILMEN: Hart, MacKay, Stoddard, Higbie,
Ridderhof, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: Wilder
ATTEST:
Margery Schrouder
City Clerk
Dora O. Hill
Mayor
No. 880
News Press 4/21/58
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH I
1, Margery Schrouder .. . .............. City Clerk of the City of Newport
Beach, California, do hereby certify that the foregoing ............... .. Ordinance
--- - - - -------- I ......... . .............................
No— .... ........ . ........... was duly and regularly adopted, passed, and approved by the City Council
of the City of Newport Beach, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the ..._14th of .......... AmLj4 ......... . ................ ..... 19 ... 5.8
by the following vote:
AYES: COUNCILMEN ... .Hart, MacKay, Stoddard, Higbie, Ridderhof, Hill
.......... ....................
NOES: COUNCILMEN__None
........... — .......... I ........ I ..................... . ................................ — -- — ----- — ----- . ...................... .
r
ABSENT: COUNCILMEN .... �`j. l d ... e.r ....... . ......................... ............................... ................... ............... . ......
May 58
Dated this--- - 6th------- ---day ..... . . of.- .. . ... . ............... . ......... . ... ................. 19---$$
&;'. Cierl;--'�-�w WN�ifi---- --
i ---- C-i-e-r--k-'o'"f"t'h-e'Ci-t'y'-Council,
City of Newport Beach, State of California
NB 130-500 12/56