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Home My WebLink About1657 - Recodifying Title 20ORDINANCE NO. 1657 AN ORDINANCE OF THE CITY OF NEWPORT • BEACH AMENDING IN ITS ENTIRETY TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, INCLUDING A REORDERING AND RE- NUMBERING OF EXISTING CHAPTERS AND SECTIONS WITH REVISIONS OF THE TEXT FOR PURPOSES OF CLARIFICATION AND MAKING NO SUBSTANTIVE CHANGES, AND ADOPTING THE RECODIFIED TITLE 20 BY REFERENCE WHEREAS, Title 20 of the Newport Beach Municipal Code was originally adopted in 1949; and WHEREAS, said Title 20 was recodified in 1966; and WHEREAS, there have been no substantial revisions to Title 20 since codification in 1966; and WHEREAS, it is appropriate'to recodify Title 20 of the Newport Beach Municipal Code, the Zoning Code, for ease of use by members of the public. NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Title 20, Planning and Zoning, of the Newport Beach Municipal Code is amended in its entirety and pursuant to the provisions of the Charter of the City of Newport Beach, the City Council of the City of Newport Beach does hereby adopt that certain Code entitled "Title 20, Planning and Zoning, City of Newport Beach" dated January 15, 1976, three full copies of which are printed as a Code in book form have been filed in the office of the City Clerk on January 26 , 1976, and are open to public inspection. SECTION 2. This Ordinance shall be published once in the official newspaper of the City, the same shall be effective is thirty (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 26th day of r , 1976, and was adopted on the 9th day of FeAr+,nr3A , 1976, by the following vote, to wit: ATTEST: City, Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION CITY CLERK "T�EO rNE WPORT B • AYES, COUNCILMEN: McInnis, Dostal. Barrett, Kuehn, Rvckoff. Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: Rogers HRC:yz 1/20/76 • I U� i . ZONING CODE CITY OF NEWPORT BEACH m -n m m 3 w z s O b V 01 I� A m I< ID f" f C) Iz D o n o m C+ m 1-n Imo' 1--4 m v IM n I" W I Iz � m < I-4 m Im s A IE ID Im c o Im w .. Iv Iz z z � Z 10 10 N �o (� pa m to _ 1-4 IN z �O O I O 4 rn _ IW Iz am Im I.. tn V ID IZ I� to I= Chapters: P L A N N I N G A N D Z O N I N G Title 20 PLANNING AND ZONING PART I: GENERAL PROVISIONS 20.01 Purpose of Title - Districts Designated 20.02 Height Limits 20.10 20.11 20.12 20.13 20.14 • 20.15 20.16 20.17 20.18 PART II: RESIDENTIAL DISTRICTS General Controls - Residential Districts Residential Development Standards R -A District R -1 District R -1.5 District R -2 District R -3 District R -4 District "8" Combining District PART III: COMMERCIAL DISTRICTS 20.30 General Controls - Commercial Districts 20.31 A -P District 20.32 C -N District 20.33 Commercial - Residential District 20.34 C -0 District 20.35 C -1 District 20.36 C -2 District PART IV: INDUSTRIAL DISTRICTS 20.40 General Controls - Industrial Districts 20.41 M -1 District 20.42 M -1 -A District PART V: SPECIAL PLANNING DISTRICTS is 20.50 Planned Residential Development 20.51 Planned Community District 20.52 Open Space District 20.53 "U" District • Chapters: PART VI: SPECIFIC AREA PLANS 20.60 Specific Plan District 20.61 Newport Shores Specific Area Plan PART VII: SPECIAL USE REGULATIONS 20.70 Automobile Service Stations 20.71 Oil Wells 20.72 Drive -In and Outdoor Restaurants PART VIII: ADMINISTRATION 20.80 Permits 20.81 Modifications Committee 20.82 Variances 20.83 Nonconforming Structures and Uses 20.84 Amendments 20.85 Appeals 20.86 Enforcement 20.87 Definitions • is 40 CLASSIFICATION EXPLANATION A -P Professional Offices, Art Galleries, etc. C -N Professional Offices, Retail Stores, Neighborhood Commercial, etc. C -R Retail or Personal Service Establishments, residential uses in conjunction with permitted commercial uses. C -0 Multiple Residential, Hotel, Motel, Professional Offices, and Retail Sales. C -1 Professional Offices, Retail Stores (Light Commercial), etc. C -2 Professional Offices, Retail and Wholesale Stores, etc. M -1 Retail and Wholesale, Light Industrial. M -1 -A Administrative and Professional - Light Manufacturing. PC Planned Community - Provides for Development of Land, including various types of land uses as coordinated comprehensive projects. 0 -S Open Space District. U District Not Precisely Zoned - Any Use of Land Requires Use Permit. DISTRICTS R -A Single - Family; Light Farming. R -1 Single - Family. R -1.5 Single - Family Dwellings or Duplexes. R -2 Single - Family Dwellings or One Duplex. R -3 Single- Family, Duplexes and Multiple Dwellings. R -4 Single - Family Dwellings, Duplexes, Apartments, Hotels, Motels. A -P Professional Offices, Art Galleries, etc. C -N Professional Offices, Retail Stores, Neighborhood Commercial, etc. C -R Retail or Personal Service Establishments, residential uses in conjunction with permitted commercial uses. C -0 Multiple Residential, Hotel, Motel, Professional Offices, and Retail Sales. C -1 Professional Offices, Retail Stores (Light Commercial), etc. C -2 Professional Offices, Retail and Wholesale Stores, etc. M -1 Retail and Wholesale, Light Industrial. M -1 -A Administrative and Professional - Light Manufacturing. PC Planned Community - Provides for Development of Land, including various types of land uses as coordinated comprehensive projects. 0 -S Open Space District. U District Not Precisely Zoned - Any Use of Land Requires Use Permit. • CLASSIFICATION B, B -1, B -2, B -3 R 9 Pli�il • • EXPLANATION COMBINING DISTRICTS Combining District for Residential Areas Designating: a. Lot Area b. Lot Width c. Front yard requirements d. Rear yard requirements e. Side yard requirements f. Maximum lot coverage Combining District for Commercial Areas Designating Parking Requirements Combining District - Less Restrictive Designating Parking Requirements Planned Residential Development - Completely Planned, Large Scale, Residential Environment Permitted in Any "R" District • • PART I: GENERAL PROVISIONS Chapters: 20.01 Purpose of Title - Districts Designated 20.02 Height Limits • • P U R P O S E D I S T R I C T S O F T I T L E - 0 E S I G N A T E 0 Chapter 20.01 PURPOSE OF TITLE - DISTRICTS DESIGNATED Sections: 20.01 .010 20.01 .015 20.01 .020 20.01 .025 20.01 .030 20.01 .035 20.01 .040 20.01 .045 20.01 .050 20.01 .055 20.01 .060 20.01 .065 20.01 .070 20.01 .075 20.01 .010 and cited as the (1949 Code § 9112 Page 1 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 Short Title. Purpose of Title. Master Plan - Establishment of Districts. Compliance Required. Effect and Intent of Title. Permit or License Provisions Not Affected. Districts Designated. Special Districts Designated. Map Adopted by Reference. Right -of -Way Boundaries. Mapped Streets. Mapped Streets - Exclusions. Specific Plan Areas - Site Plan Review Required. Use Permit Required - Specific Plan Areas. SHORT TITLE. This Title shall be known Zoning Law of the City of Newport Beach. .1 added by Ord. 635; December 12, 1950). 20.01.015 PURPOSE OF TITLE. The purpose of this Title is to promote the growth of the City of Newport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic stability of all districts within the City, and to assure the orderly and beneficial development of such areas. (1949 Code § 9101 added by Ord. 635; December 12, 1950). 20.01.020 MASTER PLAN - ESTABLISHMENT OF DISTRICTS. The Zoning or Districting Plan effectuated by this Title is a part of the Master Plan and consists of the establishment of various districts including all the territory within the boundaries of the City, within which the use of land and buildings, the space for buildings and the height and bulk of buildings are regulated. (1949 Code § 9101.1 added by Ord. 635; December 12, 1950). J 1 Page 2 PURPOSE OF TITLE - DISTRICTS DESIGNAI Chapter 20.01 20.01.025 COMPLIANCE REQUIRED. No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this Code and all other Ordinances, laws and maps referred to therein. (1949 Code § 9101.2 added by Ord. 635; December 12, 1950). 20.01.030 EFFECT AND INTENT OF TITLE. When inter- preting and applying the provisions of this Title, it shall be held to represent the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by the adoption of this Title to repeal or in any way to impair or interfere with any existing provision of law of the City of Newport Beach, or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any legal building or improvement; nor is it intended by this Title to interfere with or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this Title imposes greater restrictions than are imposed or required by other easements, covenants or agreements, than in such cases the provisions of this Title shall control. (1949 Code 4 9109.5 added by Ord. 952; March 27, 1961). 20.01.035 PERMIT OR LICENSE PROVISIONS NOT AFFECTED. Nothing herein contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license or both to cover any business, trade or occupation. (1949 Code § 9110.1 added by Ord. 635; December 12, 1950). 20.01.040 DISTRICTS DESIGNATED. The several general districts established are as follows: Agricultural - Residential District or R -A District. Single - Family Residential District or R -i District. R -1.5 District. Duplex Residential District or R -2 District. Restricted Multiple - Family Residential District or R -3 District. Multiple Residential District or R -4 District. Administrative and Professional District or A -P District. Neighborhood Commercial District or C -N District. Commercial Residential District or C -R District. C -0 District. Light Commercial or C -1 District. General Commercial District or C -2 District. Page 3 PURPOSE OF TITLE - DISTRICTS DESIGNATED • Chapter 20.01 Manufacturing District or M -1 District. Controlled Manufacturing District or M -1 -A District. Open Space District or OS District. Unclassified or U District. Specific Plan District or SP District. Planned Community District or PC District. (Ord. 1248 § 1; May 13, 1968: prior 1949 Code § 9102.0 added by Ord. 635 and amended by Ord. 984; December 11, 1961). 20.01.045 SPECIAL DISTRICTS DESIGNATED. In addition to the general districts established above, the following special districts are established which, when combined with the above general districts, establish additional special regulations: Combining or " -B" District. Combining or " -H" District. Combining or " -Z" District. Planned Residential Development (1949 Code § 9102.1 added by Ord. 635; December 12, 1950 as amended by Ord. 984; December 11, 1961). • 20.01.050 MAP ADOPTED BY REFERENCE. The designations, locations and boundaries of the districts established are delineated upon the maps entitled "Districting Map for the City of Newport Beach, California," dated November 27, 1950, which maps and any additional maps subsequently adopted and all notations and information thereon are hereby made a part of this Title by reference. (1949 Code § 9102.2 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.01.055 RIGHT -OF -WAY BOUNDARIES. Any district adjoining any right -of -way extends to the center of such right -of -way. (1949 Code § 9102.3 added by Ord. 901; December 28, 1959). C Page 4 PURPOSE OF TITLE DISTRICTS DESIGNAI Chapter 20.01 20.01.060 MAPPED STREETS. A. DEFINITIONS. For the purpose of this section the follow- ing terms, phrases, words and their derivations shall have the primary meanings given herein: (1) "Applicant" shall mean any person applying for a building permit within this City. (2) "Building line" shall mean that certain line established by the City Council as herein provided. Within the area of a lot between such building line and an abutting street right -of -way, no structure shall be erected, constructed or maintained except as set forth herein. (3) "Building setback area" shall mean the area of a lot between the building line and abutting street right -of -way, extending the full width of such lot. (4) "Gender." Any gender includes the other gender. (5) "General plan" shall mean a general plan or precise plan approved by the City Council in accordance with applicable state law. (6) "Lot" shall mean any lot, parcel or other real property situated within the City. (7) "Mapped street" shall mean a future street which is laid out and delineated on the General Plan of the City, and on a map of such size, scale and detail that the precise alignment of such street is ascertainable, and shall mean any local, secondary, primary, or major street, whether existing or proposed, shown on map entitled "Master Plan, City of Newport Beach, California, Street and Highway," adopted by City Council Resolution No. 5224 on April 25, 1960, and all amendments thereto heretofore adopted. (8) "Notice of appeal" shall mean a written statement filed on a prescribed form, appealing to the City Council an action or decision of the Planning Commission hereunder. (9) "Written Notice" shall mean a notice in writing, deposited in the United States mail, postage pre- paid, addressed to the last known address of the designated addressee. Page 5 PURPOSE OF TITLE - DISTRICTS DESIGNATE • Chapter 20.01 (10) "Owner" shall mean any person entitled to the use or possession of real property. (11) "Person" shall mean any individual, firm, part- nership, association, corporation, company or organization of any kind, including public agencies. (12) "Shall" and "may" mean mandatory and permissive, respectively. (13) "Singular" and "plural." The singular includes the plural and the plural includes the singular. (14) "Street" shall mean any street, highway, avenue, boulevard, road, alley, right -of -way, lane, place, square, walk or other public way which heretofore has been, or may hereafter, be dedicated or other- wise acquired by this city or other governmental agency for public street purposes. (15) "Structure" and "building" are synonymous and • shall mean anything constructed or erected from an assembly of materials or component parts and which is attached or affixed to realty or which is intended to rest other than temporarily there- upon, or which is attached to something having a fixed location on or below the ground. (16) "Tenses." The present tense includes the past and future tenses, and where applicable vice versa. B. BUILDING LINES. Where a lot abuts a public street, a building line is hereby established on said lot parallel to the front lot line thereof and located, measured from the existing center of said street, a distance equal to the required depth of the front yard of said lot (as prescribed by the zoning ordinance), plus a distance equal to 1/2 of the ultimate width of said abutting street as such ultimate width is shown on the General Plan. C. PROTECTION OF RIGHTS -OF -WAY FOR FUTURE WIDENING OF EXISTING STREETS AND FOR MAPPED STREETS. (1) Establishment of future streets. In accordance with applicable provisions of state law, the City Council may designate and delineate mapped streets and make the same as part of the General Plan. . When any such mapped street has been so established, no person shall construct, install or maintain any structure within the right -of -way thereof, except as hereinafter specifically provided. Page 6 PURPOSE OF • DISTRICTS Chapter 20 (2) Building lines on partiall_y dedicated streets. Where a lot or lots abut a street or streets upon which there has been a previous determination by the Planning Commission and City Council that only a portion of the ultimate street width has been acquired, the City Council shall determine the precise ultimate street width and shall adopt the same as a mapped street on the General Plan, and thereafter such alignment shall be the basis for the establishment of a building line, as provided in Section 20.01.060 B hereof. TITLE - DESIGNATED .O1 (3) Amendment of the General Plan. Proceedings to amend the General Plan by the designation of mapped streets for proposed widenings along any existing street or portion thereof or for any future street may be initiated by the Planning Commission, by the City Council, or by any person filing a petition therefor with the Planning Commission. The Planning Commission shall thereupon process the matter as an amendment to the General Plan. • Upon receiving such a recommendation of the Planning Commission and whenever the public peace, health, safety, interest or welfare is found to so require, the City Council may establish the proposed width of such street or streets, and the alignment of such future streets, and thereupon shall cause the General Plan to be amended accordingly as provided by state law. D. BUILDING PERMITS; RESTRICTIONS. No building permit shall be issued for the construction of any structure in any build- ing setback area, or in the right -of -way of any mapped street. Temporary structures such as walls, fences, signs or other easily removable structures, involving a cost of not to exceed One Thousand Dollars ($1,000), may be permitted in such area with the approval of the Community Development Director. ADMINISTRATIVE RELIEF. (1) Hearings. Any applicant aggrieved by the denial or conditional approval of a building permit pursuant to Section 20.01.060 D hereof may, by written notice, request a hearing on such matter before the Planning Commission. The Planning Commission shall thereupon, and within forty (40) days thereafter, hold a hear- is ing at which the applicant and other interested persons shall be given the opportunity to be heard. At least ten (10) days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed Page 7 PURPOSE OF TITLE - DISTRICTS DESIGNATED • Chapter 20.01 by certified mail to the applicant and to any other person requesting such notice. The Planning Commission shall direct the issu- ance of the requested building permit if it finds either of the following facts to be true: That the denial of the building permit, because of the nature of the land or other unique circum- stances, will cause substantial damage to the applicant; or that, in balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, it is determined that the issuance of the building permit is required in the interests of justice and equity. b. The Planning Commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true: That the applicant will not be sub- stantially damaged by relocating the proposed • structure on the lot elsewhere than in the building setback area or in the mapped street; or that, in balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would accrue from so using the property. C. The Planning Commission may attach reasonable conditions to its decision. d. The applicant shall be given written notice of the action taken by the Planning Commission. (2) Appeals. Any person dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within twenty -one (21) days after the date of the mailing of the notice of the decision of the Planning Commission. The City Council shall set the matter before it within thirty (30) days; and shall, at least ten (10) days prior to the date fixed for the hearing, cause written notice of the time and place thereof to be given to the appellant, the applicant and to any other person requesting the same. The procedure before the City Council shall be the same as for the Planning Commission, and the applicant and Page 8 PURPOSE OF TITLE - • DISTRICTS DESIGNATEI Chapter 20.01 appellant shall be notified of the decision of the City Council. F. ACQUISITION. After exhaustion of administrative relief as provided in Section 20.01.060 E(2) hereof, any applicant dissatisfied with the final decision may, by written notice filed within fifteen (15) days after the date of the mail- ing of the notice of the decision of the City Council, demand that the City acquire, by eminent domain or other available proceeding, the land belonging to the applicant and located within the right -of -way of the mapped street. Upon failure of the City Council, within six (6) months thereafter, to commence such acquisition proceedings, or thereafter with reasonable diligence to prosecute the same to completion, the applicant may reapply for such building permit and thereupon such building permit shall be issued. The provisions of subsections E and F above shall not apply where the dedication of the building setback area or right - of -way of any mapped street has been required as a condition of approval of a subdivision or use permit. • G. EXISTING STRUCTURES; RETROACTIVITY. Structures existing on building setback areas and in mapped streets on the effective date of this section shall be deemed to be legal nonconforming structures, subject to the regulations, limitations, abatement and amortization provided in the Zoning Law. H. COMPLIANCE WITH OTHER LAW. This section shall not permit the construction, erection, placing or maintenance of any structure at any place where the same is prohibited by any other law, regulation or ordinance. I. The provisions of this section shall not apply to the installation of underground public utility facilities except to the extent that the location of such facilities shall be approved by written permit from the City Engineer. (Ord. 1415 § 2, 1971: Ord. 1176 § 3, 1966: Ord. 932, 1960: 1949 Code § 9105.9(b)). 20.01.065 MAPPED STREETS - EXCLUSIONS. The herein- after described portions of mapped streets as shown on that map entitled "Master Plan, City of Newport Beach, California, Street and Highway," adopted by City Council Resolution No. 5224, shall be excluded from the provisions of Section 20.01.060 unless hereafter so designated as mapped streets as provided herein: • (a) Balboa Boulevard between 45th and 32nd Streets. (b) Balboa Boulevard between Alvarado Street and 6th Street. (c) Newport Boulevard between 30th Street and McFadden Place. Page 9 PURPOSE OF TITLE - DISTRICTS DESIGNATED • Chapter 20.01 (d) Irvine Avenue between 16th Street and Cliff Drive. (e) Marguerite Avenue between 5th Avenue and Ocean Boulevard. (Ord. 1176 § 4, 1966: Ord. 932, 1960: 1949 Code § 9105.9(c)). 20.01.070 SPECIFIC AREA PLAN AREAS - SITE PLAN REVIEW REQUIRED. A. PURPOSE. The City Council finds that developments in areas designated for Specific Area Plans for which a Specific Area Plan has not been adopted, may conflict with the existing or contemplated character of said district, thereby precluding the implementation of the General Plan policies and objectives. The effect of this Section is to require Site Plan Review by the Planning Commission for any proposed development, except as provided in Sub - section C, within areas designated by the General Plan for the development of Specific Area Plans to insure that the project conforms to the objectives of the General Plan. B. GENERALLY. The City Council finds, determines and declares • that the establishment of the Site Plan Review procedures contained in this Section are necessary to preserve and promote the health, safety, and general welfare of the community by achieving the following purposes. (1) To assure that development of properties in Specific Area Plan areas will not preclude attainment of the General Plan objectives and policies. (2) To protect and preserve the value of properties and to encourage high quality development thereof in Specific Area Plan Areas where adverse effects will result from inadequate and poorly planned landscaping and from failure to preserve where feasible natural landscape features, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. (3) To ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within Specific Area Plan areas shall be protected by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. • (4) To promote the maintenance of superior site location characteristics adjoining certain thoroughfares of city -wide importance to ensure that the community benefits from the natural terrain, harbor and ocean, and to preserve and stabilize the grounds adjoining J Page 10 PURPOSE OF TITLE - DISTRICTS DESIGNATEI Chapter 20.01 said thoroughfares, and to preserve and protect the property values in said areas. C. APPLICATION. Sit prior to the issuance to be constructed, or remodeled to increase square feet whichever land use plan of the Specific Area Plan, f been adopted. e Plan Review approval shall be obtained of a Building Permit for any new building existing building to be reconstructed or the gross floor area by 50% or 2,500 is less, within an area designated on the General Plan for the development of a or which a Specific Area Plan has not D. PLANS AND DIAGRAMS TO BE SUBMITTED. The following plans and diagrams shall be submitted to the Planning Commission for approval: (1) A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off - street loading areas, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off - street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility services and drainage are to be provided. (2) A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. (3) Grading plans when necessary to ensure development properly related to the site and to surrounding pro- perties and structures. (4) Scale drawings of exterior lighting showing size, loca- tion, materials, intensity and relationship to adjacent streets and properties. (5) Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed build- ings and structures as they will appear upon completion. (6) Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. FEE. The applicant shall pay a fee of $50.00 to the City with each application for Site Plan Review under this chapter. Page 11 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 • F. STANDARDS. In addition to the general purposes set forth in Sub- section 8, in order to carry out the purposes of this chapter as established by said section, the site plan review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: (1) To ensure that sites subject to Site Plan Review under the provisions of this chapter are graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, and that trees and shrubs are not indiscriminately destroyed; (2) To ensure that buildings, structures and signs are properly related to their sites and are in keeping with the character of the neighborhood and surrounding sites and are not detrimental to the orderly and harmonious development of their surroundings and of the City; (3) To ensure that open spaces, parking areas, pedestrian walks, illumination and landscaping (including sufficient irrigation facilities) are adequately related to the site and are arranged to achieve a safe, efficient and harmonious development, to accomplish the objectives • as set forth in this Chapter; (4) To ensure that sites are developed to achieve a harmon- ious relationship with existing and proposed adjoining developments; (5) To ensure, when feasible, effective concealment of electrical and similar mechanical equipment and trash and storage areas; (6) The Site Plan Review process shall endeavor to ensure that proposed improvements will not impair the desir- ability of investment or occupancy nearby; and origin- ality in site planning and landscaping shall not be suppressed; (7) To ensure that the site plan and layout of the buildings, parking areas, pedestrian and vehicular access ways, and other site features gives proper consideration to the functional aspects of the site development; (8) To ensure that the proposed development is in keeping with the desired character of the Specific Area Plan area as identified by the General Plan; • (9) To ensure that the proposed development is consistent with the General Plan policies; and (10) To ensure that the proposed development will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. Page 12 PURPOSE OF DISTRICTS D ESIGNATED Chapter 20.01 • G. ACTION BY THE PLANNING COMMISSION. If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the pro- posed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. Failure of the Commis- sion to act within thirty (30) days from the date the drawings are submitted shall be deemed an approval of the plans and diagrams unless the applicant consents to an extension of time. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty -one (21) days following the Commission action thereon unless, within the twenty -one (21) day appeal period an appeal in writing has been filed by the applicant, the Commission has requested a review of its decision, or unless the City Council, not more than twenty -one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, unless the applicant con- sents to an extension of time. The City Council may affirm, • reverse or modify the decision. Such action by the City Council shall be final. H. APPEAL TO THE CITY COUNCIL. Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant at any time within twenty -one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Department of Community Development. Such letter shall set forth the grounds upon which the appeal is based. I. ACTION BY THE CITY COUNCIL. An appeal shall be heard and acted on by the City Council within thirty (30) days after the Commission action, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision of the Commission. Such action by the City Council shall be final. J. LAPSE OF SITE PLAN REVIEW APPROVAL. Site Plan Review approval shall lapse and shall be void one year following the date upon which the plans and diagrams were approved, as provided in this Section, unless prior to the expiration of said one (1) year period a building permit is issued and subsequently construction is diligently pursued until completion, or unless an extension of time is granted by either the Commission or City Council, • whichever took the final action. (Ord. 1640 4 1, 1975) Page 13 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 20.01.075 USE PERMIT REQUIRED - SPECIFIC PLAN AREAS. A. PURPOSE. The City Council finds that development of office buildings exceeding 5,000 square feet in floor area in areas designated for Specific Area Plans for which a Specific Area Plan has not been adopted may conflict with the existing or contemplated character, appearance, use or design of said district, thereby precluding the implementation of the General Plan policies and objectives. The effect of this Section is to require use permits for any proposed office building with a gross floor area exceeding 5,000 square feet in said areas to insure that the project conforms to the objectives of the General Plan. B. USE PERMIT REQUIRED. A Use Permit shall be obtained prior to the issuance of a Building Permit for any new office building exceeding 5,000 square feet gross floor area within an area designated on the land use plan of the General Plan for the development of a Specific Area Plan, for which a Specific Area Plan has not been adopted. C. CRITERIA FOR USE PERMIT. In addition to the provision of Chapter 20.80 of this Code, in granting a Use Permit under this is Section, the Planning Commission, or City Council, if the matter is to be determined by the City Council shall find that: (1) The proposed office building is in keeping with the desired character of the specific plan area as identified by the General Plan; (2) The proposed building is consistent with the General Plan policies; and (3) The proposed use will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. (Ord. 1640 § 2, 1975) • H E I G H T L I M I T S Chapter 20.02 HEIGHT LIMITS Sections: Page 14 HEIGHT LIMITS Chapter 20.02 20.02.010 Intent and Purpose. 20.02,020 Effect of Chapter. 20.02.030 Height Limitation Zones. 20.02.035 Planned Community Districts. 20.02.040 Planning Commission or City Council Review. 20.02.050 Existing Structures and Permits. 20.02.060 Structural Appurtenances. 20.02.070 Fences, Walls, Plantings. 20.02,080 Church Exception. ' 20.02.010 INTENT AND PURPOSE. The intent and purpose of this Chapter is to establish regulations on the height of buildings throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved during that time when the General Plan is being developed, This Chapter creates five (5) height limitation zones which govern building height but allow design flexibility with City review. These regulations shall be reviewed and revised as necessary following the adoption of the General Plan. (Ord. 1454 § 4 (part), 1972). 20.02.020 EFFECT OF CHAPTER. All Sections of this Title shall be subject to the provisions of this Chapter. (Ord. 1454 § 4 (part), 1972). 20.02.030 HEIGHT LIMITATION ZONES. In addition to the development standards established in the various districts there shall be five (5) height limitation zones within the City. The designations, locations, and boundaries of these height limitation zones shall be as shown on the "Official Height Limitation Zones Map ", incorporated herein and made a part hereof by this reference. In each height limitation zone ' the maximum permitted height shall be measured in accordance with the definitions contained in Chapter 20.87. A. 24/28 FOOT HEIGHT LIMITATION ZONE. In the 24128 Foot Height Limitation Zone the height limit for any structure Page 15 HEIGHT LIMITS Chapter 20.02 • shall be 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 28 feet after the adoption of a Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all R -A, R -1, R -1.5, R -2, and OS Districts. B. 28/32 FOOT HEIGHT LIMITATION ZONE. In the 28/32 Foot Height Limitation Zone the maximum height limit shall be 28 feet; provided, however, that structures may exceed 28 feet up to a maximum of 32 feet in an adopted Planned Com- munity District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all R -3 and R -4 Districts. C. 26/35 FOOT HEIGHT LIMITATION ZONE. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, that a structure may exceed 26 feet up to a maximum of 35 feet after the adoption of a Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all Zone Districts, other than R -A, R -1, R -1.5, R -2, R -3 and R -4, within the area known as the Shoreline Height Limitation Zone, more • particularly described as follows: Beginning at the intersection of the westerly city boundary of Newport Beach and the centerline of West Coast Highway as established per Annexation No. 66 of the City of Newport Beach; thence northerly, easterly and southerly along the city boundary of Newport Beach to the northerly line of Annexation No. 25 of said city being the northerly line of West Coast Highway; thence easterly along said northerly line of West Coast Highway to the westerly line of Annexa- tion No. 55; thence northerly along said westerly line to a line parallel with and 250' northerly (measured at right angles) from the centerline of West Coast Highway; thence easterly along said parallel line to an intersection with the south- westerly prolongation of the centerline of Santa Ana Avenue; thence northeasterly along said prolongation and along the centerline of Santa Ana Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street to the centerline of Riverside Avenue; thence southwesterly along the centerline of Riverside Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street and along a line parallel with and 375' northerly (measured at right angle) from the centerline of West Coast Highway to an intersection with the northwesterly boundary line of Tract No. 1221; thence southwesterly, southerly and • easterly along said boundary line and easterly along the northerly boundary line of Tract No. 1210 to the centerline of Dover Drive; thence northerly along the centerline of Dover Drive to the westerly prolongation of the northerly line of Lot 1, Tract No. 1125; thence easterly along said prolongation and along said northerly line to the northwest- erly line of Upper Newport Bay as established per Superior Page 16 HEIGHT LIMITS • Chapter 20.02 Court Case No. 20436; thence northerly and easterly along said line of Upper Newport Bay to Sta. 65 per Superior Court Case No. 20436; thence easterly to a natural contour line having an elevation of 25.00 ft. above Mean Sea Level; thence easterly along said contour line to Jamboree Road; thence southerly along Jamboree Road to Eastbluff Drive; thence southwesterly along Eastbluff Drive to Backbay Drive as described in the deed recorded in Book 6901, page 207 of Official Records of Orange County; thence westerly along said Backbay Drive; thence westerly and southerly along Back - bay Drive as described in the deed recorded in Book 1037, page 269 of Official Records of Orange County to the north- westerly prolongation of the northerly line of Tract No. 6230; thence easterly along the northerly line of said Tract to the most easterly corner of Lot 83 of said Tract; thence southwesterly along the southeasterly line of said Lot 83 to the centerline of Vista Del Playa; thence southerly along Vista Del Playa to the centerline of Vista Del Oro; thence in a southerly direction along the centerline of Vista Del Oro to the westerly boundary of Tract No. 5877; thence southerly and easterly along the boundary of said Tract 5877 and easterly along the southerly boundary of Tract • No. 5425 to Jamboree Road; thence southerly along Jamboree Road to the northerly line of Tract No. 6947; thence westerly along said northerly line and its westerly prolongation to the last said Backbay Drive; thence southerly along Backbay Drive to the northerly line of Parcel 2 per map recorded in Book 17, page 3 of Parcel Maps; thence easterly along said northerly line of Parcel 2 to the northwesterly line of Jamboree Road; thence southwesterly along said north- westerly line of Jamboree Road to the centerline of Backbay Drive; thence northwesterly along said centerlfne to a line parallel with and 100.00' northwesterly (measured at right angles) from the northwesterly line of Jamboree Road; thence southwesterly 700.00' along said parallel line; thence westerly in a direct line to a point on a line 150.00 feet south of Sta. 19 as established per Superior Court Case No. 20436, said line being parallel with the centerline of East Coast Highway; thence westerly along said parallel line to a natural contour line having an elevation of 25 feet above Mean Sea Level; thence westerly and southerly along said contour line having an elevation of 25.00 feet above Mean Sea Level to the centerline of East Coast Highway; thence continuing southerly and easterly along said contour line to the centerline of Jamboree Road; thence southerly and easterly along the centerline of Jamboree Road to the centerline of Bayside Drive; thence southeasterly along the • centerline of Bayside Drive to the centerline of Bayside Place; thence southwesterly along the centerline of Bayside Place to a natural contour line having an elevation of 25.00 feet above Mean Sea Level; thence southerly and easterly along said contour line to the southerly boundary line of Tract No. 1116; thence southerly along said boundary line of Tract No. Page 17 HEIGHT LIMITS Chapter 20.02 • 1116 and along the southerly boundary line of Tract No. 3357 to the easterly city boundary of Newport Beach, as established per Annexation No. 68; thence southwesterly, westerly and northeasterly along the city boundary of Newport Beach to the Point of Beginning. D. 32/50 FOOT HEIGHT LIMITATION ZONE. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be 32 feet; provided, however, that a structure may exceed 32 feet up to a maximum of 50 feet after the adoption of a Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all Zone Districts other than R -A, R -1, R -1.5, R -2, R -3 and R -4 which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High -Rise Height Limitation Zone. E. HIGH RISE HEIGHT LIMITATION ZONE. In the High Rise Height Limitation Zone the height limit for any structure shall not exceed 375 feet. (Ord. 1493 § 1, 1973: Prior Ord. 1454 § 4, 1972). 20.02.035 PLANNED COMMUNITY DISTRICTS. In each • Planned Community District established subsequent to the adoption of Chapter 20.02, the height limits shall be established as part of the Planned Community Development Plan; provided, however, that in no event shall the development exceed the height limits permitted in the height limitation zones as set forth under Section 20.02.030 and as designated below: A. 24/28 FOOT HEIGHT LIMITATION ZONE. (1) Upper Newport Bay Planned Community as established by Ordinance No. 1537 adopted December 17, 1973 (Amendment No. 409). (Ord. 1554 § 1, 1974). 20.02.040 PLANNING COMMISSION OR CITY COUNCIL REVIEW. The Planning Commission or City Council in approving any Planned Community District, any Specific Area Plan, or in granting any Use Permit for structures in excess of the basic height limit in any zone shall find that each of the following four points have been complied with: (a) The increased building height would result in more Public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the struc- ture on the lot, the percentage of ground cover, and • the treatment of all setback and open areas. (b) The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. Page lg HEIGHT LIMITS Chapter 20.02 • (c) The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing develop- ments or public spaces. Particular attention shall be given to the total bulk of the structure includ- ing both horizontal and vertical dimensions. (d) The structure shall have no more floor area than could have been achieved without the Use Permit. (Ord. 1454 § 4 (part), 1972). 20.02.050 EXISTING STRUCTURES AND PERMITS. A. Structures which were in existence or under construction on the effective date of this ordinance, and which do not conform to these regulations may be continued or altered; provided, that the changes do not result in a greater non- conformity than was existing. B• Structures for which building permits have been issued or for which use permits have been issued, on the effective date of this ordinance, and which do not conform to these regulations, may be constructed according to the approved plans. • C. Proposed structures within a Planned Community District adopted prior to the effective date of this ordinance may be constructed in accordance with the height limits contained within the Planned Community Text; provided, however, that a Use Permit shall be required for any structure which exceeds the height limits established by this Chapter. D. The use permit application fee shall be waived for any single family home in the R -1 District which is replacing a structure which was in existence on the effective date of this Chapter. (Ord. 1454 9 4 (part), 1972). 20.02.060 STRUCTURAL APPURTENANCES. Chimneys, flag poles, and vents shall be permitted in excess of height limits, subject to the approval of the Planning Commission. (Ord. 1454 § 4 (part), 1972). 20.02.070 FENCES, WALLS, PLANTINGS. No fence, wall, hedge or screen planting of any kind shall hereafter be con- structed or grown to exceed six feet in height within any required side yard to the rear of the front line of any main building or in any required rear yard nor to exceed three feet in height in any required side yard between the front property line and the required front setback line or in any required front yard or within fifteen (15) feet of the corner • of any intersecting street rights of way; provided, however, that in cases where there is a difference of six (6) feet or more in elevation between the building sites of abutting lots, no fence, wall, hedge or screen planting shall hereafter be constructed or grown in any yard area of the lower lot adjacent to the lot line of the higher lot to a height in excess of Page 19 HEIGHT LIMITS Chapter 20.02 • three feet above the elevation of the building site of the higher lot. Where lots or building sites are laid out or planned to border a street and overlook a waterway, beach or bluff, fences, when required as a protective device for a swimming pool or when needed to protect against a hazardous or unsafe condition existing because of topography, may be permitted in excess of three (3) feet, but not to exceed five (5) feet, in those front yards specified in Section 20.10.030 subject to first securing a use permit in each case. The Planning Commission may by resolution, adopt such general standards or conditions for its guidance as it deems necessary to insure to the adjacent property owners the full use of their land. (Ord. 1454 § 4 (part), 1972). 20.02.080 CHURCH EXCEPTION. Church structures used for church purposes shall be exempt from the restrictions of this Chapter, except that any such structure exceeding 35 feet in height shall require a use permit. (Ord. 1454 § 4 (part), 1972). • • ,'• !mil 11 o, �\ i .. I t INN ft,� A-.n A�pt,, t i • • Chapters: 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 PART II: RESIDENTIAL DISTRICTS General Controls - Residential Districts Residential Development Standards R -A District R -1 District R -1.5 District R -2 District R -3 District R -4 District "B" Combining District Page 20 GENERAL CONTROLS RESIDENTIAL Chapter 20.10 G - E — N E — — R — A L — — C — O — N T — — R — O L — — S — - — R E — — S — I D E — — — N — T I — — A — L — D I — — S — T — R I — — C — T S — — Chapter 20.10 GENERAL CONTROLS - RESIDENTIAL DISTRICTS Sections: 20.10.010 Effect of Chapter. 20.10.015 Temporary Structures and Uses. 20.10.020 Uses Requiring Use Permit. 20.10.025 Extensions into Yards. 20.10.030 Accessory Buildings - Yards. 20.10.035 Swimming Pools - Yards - Equipment. • 20.10.010 EFFECT OF CHAPTER. The general controls contained in this Chapter shall apply to all developments in Residential Districts. 20.10.015 TEMPORARY STRUCTURES AND USES. The Director of Community Development may approve temporary signs and temporary tract and sales offices for the first sale of struc- tures and /or lots in any residential district for a period of time not to exceed one year following the recordation of the final subdivision map. Extensions of time for temporary uses and structures may be authorized by the Director of Community Development. 20.10.020 USES REQUIRING USE PERMIT. The following uses shall be permitted in any residential district subject to the securing of a Use Permit: (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Parking lots. Public or no fee private parking lots for automobiles may be permitted in any "R" District adjacent to any "C" or "M" District subject • to the securing of a Use Permit in each case. (c) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public Page 21 GENERAL CONTROLS RESIDENTIAL • Chapter 20.10 and quasi - public buildings, senior citizen housing facilities (where residency is limited to elderly persons), and municipally- operated parking lots. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and Helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any R -1 or R -2 District. In any district other than R -1 or R -2, no helicopter shall land or take off and no heliport or helistop shall be established unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The Director of Community Development may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he deter- mines that such helistops will not unduly interfere • with the health, safety and welfare of persons owning property in the surrounding area and he may attach apropPriate conditions to such approval. (1949 Code 5 3105.1(j) added by Ord. 635; Dec. 12, 1950; amended by Ord. 1115, Jan. 25, 1965: Ord. 1127, May 10, 1965: Ord. 1130, June 28, 1965). (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located within any "R" District or closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a use permit shall first have been secured for the installation, maintenance and operation of the lighting fixtures. This provision shall not be construed so as to require a use permit for lighting fixtures which are normally incidental to the use of a residential structure. (Ord. 1446; June 26, 1972). 20.10.025 EXTENSIONS INTO YARDS. A. ARCHITECTURAL FEATURES. Architectural features such as cornices or eaves may extend not exceeding 2;j feet into any required front or rear yard setback; provided, however, that such architectural features shall not project any closer than 2 feet from side property line. B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to exceed 8 feet in width, constructed of incombustible material, may encroach to a distance of 2 feet into any required front Page 22 GENERAL CONTROLS RESIDENTIAL • Chapter 20.10 yard setback of 10 feet or more in any "R" District; provided, that the fireplace and chimney must be located not less than 5 feet from any side yard setback line. Fireplaces and chimneys not to exceed 9 feet in width, con- structed of incombustible material, may encroach to a maximum distance of 231 feet from any side yard setback line provided that such encroachment must be at least 2 feet from any side property line. C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a distance not exceeding 5 feet into any required front yard setback. D. MARQUEES, AWNINGS AND SHADES. Marquees, awnings, or shades may project from the building into the front yard setback in any "R" District not to exceed 5 feet from the building nor more than half the depth of the required front yard, and must be within the required side yard lines and have a clearance above grade vertically of not less than 6k feet. • Any such projection from the building shall be self- supporting and shall be of incombustible material or of not less than one -hour fire resistive construction. Marquees, awnings or shades may project from the building into the rear yard setback in any "R" District not to exceed 2�2 feet. E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from said mapped street, and in no case shall the provisions of this Title be construed as permitting any encroachment upon any mapped street. F. ABUTTING ALLEYS. In residential districts having alleys to the rear of lots or building sites, attached or detached garages, fences, screen plantings or other obstructions must set back from rear property lines the distances shown in the following table, except as provided in Section 20.10.025 (G). Alley Width Setback 15' or less 5' 15'1" to 19'11" 319" 20' or more 2'6" • G. ENCROACHMENTS IN RESIDENTIAL REAR YARD SETBACKS ABUTTING ALLEYS. In residential districts having alleys to the rear of lots or building sites, a second -story projection will be permitted to encroach into the setback stipulated in Section 20.10.025 (F), subject to the following conditions: r1 J • Page 23 GENERAL CONTROLS RESIDENTIAL Chapter 20.10 (1) No projection may extend closer than 7'6" to the center of any alley. (2) No projection may extend closer than 2'6" to the rear property line. (3) That portion of the building which encroaches into the required rear yard setback shall have a minimum ground clearance of 8'0 ". (4) No encroachment will be permitted on lots having a depth exceeding eighty -five feet. (Ord. 1398 § 1; August 9, 1971: Ord. 1176 § 2; September 12, 1966: prior 1949 Code § 9105.4 (a -g) added by Ord. 635; December 12, 1950 as amended by Ord. 1034; April 8, 1963). 20.10.030 ACCESSORY BUILDING - YARDS. In case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall with the main building and shall comply in all respects with the requirements of this Title 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 6 feet from any dwelling building existing or under construc- tion on the same lot or any adjacent lot; provided, that in any "R" District combined with any " -B" District the Planning Commission may approve the location of the accessory 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 the accessory building. A detached accessory building may be built to within 1 foot of one of the side lot lines. Such accessory building shall not be located within 5 feet of any alley or within 5 feet of the sideline of any alley or within 5 feet of the sideline of the front one -half of any adjacent lot, or, in the case of a corner lot, shall not 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 lots normally border streets and the fronts of the lots face a common walk- way, the main structure and /or accessory buildings may be constructed within 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 bordering the street may be considered the rear yard for purposes of location, construction or maintenance of main or accessory building, provided, that all of the lots in a block conform to this Page 24 GENERAL CONTROLS RESIDENTIAL Chapter 20.10 pattern. In all such cases, the required setback from the street shall be a minimum of 5 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 may exceed the maximum of 35 feet permitted in residential districts. (1949 Code 5 9105.4(h) added by Ord. 635; December 12, 1950 as amended by Ord. 1034; April 8, 1963). 20.10.035 SWIMMING POOLS - YAROS - EQUIPMENT. Any swimming pool, fish pond, or other body of water which contains water 18 inches or more in depth for use in connection with any single family, duplex, multiple or apartment dwelling, shall be at least 5 feet from any side or rear yard property line and 10 feet from any front yard property line. No such body of water shall be permitted in any required yard space unless the enclosing fence required in Chapter 15.04 of this Code is permitted under the provisions of Section 20.02.070. Any pump, filter or heater installed to serve such body of water shall be located not less than 5 feet from any side or rear yard property line and in no event nearer than 10 feet to any dwelling on adjoining properties. Any such pump, ' filter or heater shall not be considered an accessory building so long as any required housing thereof does not exceed 6 feet in height. Pumps may be operated only between the hours of 8 a.m, and 8 m. (1949 Code 5 9105.41 added by Ord. 924; July 11, 19608. I i • R E S I D E N T I A L D E V E L O P M E N T — — — — — — — — — — — — — — — — — — — — — — RI Sections: 20.11 .010 20.11.020 20.11.030 20.11.040 Chapter 20.11 Page 25 RESIDENTIAL DEVELOP- MENT STANDARDS Chapter 20.11 S T A N D A R D S :SIDENTIAL DEVELOPMENT STANDARDS Effect of Chapter. Building Height and Floor Area Limit. Parking. Open Space Options. 20.11.010 EFFECT OF CHAPTER. The residential development standards contained in this Chapter shall apply to all dwellings located in Residential Districts in Corona del Mar, West Newport and the Balboa Peninsula as those areas are more particularly described below. Dwellings in those areas shall also be subject to all other provisions of this Title. Where there is a conflict between this Chapter and another provision of this Title, the provisions of this Chapter shall be controlling. A. The areas of Corona del Mar in which the provisions of this Chapter shall be controlling are more particularly described as follows: That area commonly referred to as old Corona del Mar generally bounded by Avocado Avenue, Pacific Coast Highway, Fifth Avenue, the easterly boundary of the Corona del Mar tract, the Pacific Ocean and the Harbor entrance; and more specifically described as that area included in Annexation N3 as described in Ordinance No. 252 of the City of Newport Beach, approved on February 27, 1924. B. The areas of West Newport and the Balboa Peninsula in which the provisions of this Chapter shall be controlling are more particularly described as follows: That area commonly referred to as West Newport and the Balboa Peninsula generally bounded by the Semeniuk Slough, Pacific Coast Highway, the West Lido Channel, the Newport Channel, the Main Channel, the Harbor Entrance, the Pacific Ocean and the Santa Ana River, and more specifically described as follows: Beginning at the intersection of the westerly boundary of the City of Newport Beach and the Mean High Tide Line of the Pacific Ocean; thence proceeding northerly along said City Page 26 RESIDENTIAL DEVELOP- MENT STANDARDS • Chapter 20.11 Boundary to the intersection of said Boundary with the northerly right -of -way line of Pacific Coast Highway; thence due East a distance of 1± foot to an intersection with the City Boundary on the easterly side of that certain one foot strip shown on Annex No. 21, Ordinance No. 630, 10/31/1950; thence proceeding easterly, northerly, easterly and southerly along said City Boundary to an intersection with the northerly right -of -way line of Pacific Coast Highway; thence proceeding southerly along a perpendicular to said right -of -way line to the center- line of Pacific Coast Highway; thence easterly along said centerline to an intersection with the centerline of Newport Boulevard; thence southerly along said centerline of Newport Boulevard to an intersection with the southerly Bulkhead of the Newport Island Channel, said point being westerly of U. S. Bulkhead Station #126 on the U. S. Bulkhead line; thence easterly to said U. S. Bulkhead Station #126; thence continuing along the U. S. Bulkhead Line to U. S. Bulkhead Station #114; thence northeasterly in a straight line to U. S. Bulkhead Station #165; thence northeasterly, easterly and southerly along the U. S. • Bulkhead Line to U. S. Bulkhead Station #162; thence southerly in a straight line to U. S. Bulkhead Station #113, and thence proceeding along the U. S. Bulkhead to U. S. Bulkhead Station #107; thence continuing southerly along the prolongation of the U. S. Bulkhead Line to an inter- section with the Mean High Tide Line; thence westerly and northwesterly along said Mean High Tide Line to the point of Beginning. (Ord. 1540 § 1 (part), 1974). 20.11.020 BUILDING HEIGHT AND FLOOR AREA LIMIT. A. In the R -1 and R -2 Districts in the above -noted areas, the total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides, contained in all buildings on a building site shall not exceed two times the buildable area of the site. For dwellings, the building height limit shall be 24/28 feet as specified in Chapter 20.02. For accessory buildings, the building height limit shall be fifteen feet. B. In the R -3 and R -4 Districts in the above -noted areas, the total gross floor area contained in all buildings on a building site shall not exceed three times the buildable area of the site; provided, however, that floor area devoted to parking within a building or to decks, balconies or patios open on at least two sides shall not be considered in determining the total floor area allowed. The height limit in the R -3 District shall be 24/28 feet • on the front one -half of the lot and 28/32 feet on the rear one - half of the lot, except where in the opinion of the Planning Commission differences in grade warrant individual considerations. The height limit in the R -4 District shall be 28/32 feet as specified in Chapter 20.02. (Ord. 1540 4 1 (part), 1974). Page 27 RESIDENTIAL DEVELOP- MENT STANDARDS Chapter 20.11 • 20.11.030 PARKING. The parking requirements for the above -noted areas shall be as follows: A. In the R -1 District two spaces for any structure contain- ing less than 2,000 square feet, exclusive of areas devoted to parking or open space; three spaces for any structure containing 2,000 square feet or more, exclusive of areas devoted to parking or open space. B. In the R -2, R -3 and R -4 Districts three spaces for any structure containing less than 2,400 square feet, exclusive of areas devoted to parking or open space, plus one additional space for each 600 square feet or portion thereof; provided, however, that the standards contained in subsection A. above shall apply to any single family dwelling in the R -2, R -3 or R -4 Districts. C. In addition to the above -noted parking standards the follow- ing parking controls shall also apply: 1. For each dwelling unit there shall be a minimum of one covered parking space. is2. For each dwelling unit there shall be a minimum of one independently accessible parking space. 3. Tandem parking up to a maximum of two cars in depth shall be permitted. 4. Parking in one side yard shall be permitted; provided, however, that structural encroachments shall not be permitted. 5. Tandem parking and parking in a side yard shall not both be permitted on the same lot. (Ord. 1540 § 1 (Part), 1974). 20.11.040 OPEN SPACE OPTION. In the R -1, R -2, R -3 and R -4 Districts, in the above -noted areas, open space shall be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times six feet. On an interior lot, this space shall be provided in the first twelve feet behind the required front yard setback. On a corner lot, this space may be distributed between the first twelve feet behind the required front yard setback and the first twelve feet behind • the required exterior side yard setback. In the case of a lot fronting on permanent open space, such as the ocean or the bay, this space may be distributed anywhere behind the _J Page 28 RESIDENTIAL DEVELOP- MENT STANDARDS Chapter 20.11 required yard setback lines. Where a question arises as to where the additional open space should be provided, such as on a through lot or a lot with an unusual configuration, the location of the open space shall be determined by the Director of Community Development, following an investigation as to the locations of existing structures on adjoining properties in the neighborhood. This open space shall be open on at least two sides and shall have a minimum dimension in any direction of at least six feet and may be used for outdoor living area. Roofs, balconies, decks, patios, cornices, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire front of the structure or any portion thereof. (Ord. 1629 4 1, 1975: Ord. 1540 1 1 (part), 1974). • • C R- A D I S T R I C T Chapter 20.12 R -A DISTRICT Sections: Page 29 R -A DISTRICT Chapter 20.12 20.12.010 Effect of Chapter. 20.12.015 Uses Permitted. 20.12.020 Uses Requiring Use Permit. 20.12.025 Building Height Limit. 20.12.030 Site Area and Lot Width. 20.12.035 Site Area Coverage. 20.12.040 Yards. 20.12.045 Accessory Building Location. 20.12.050 Extensions Into Yards. 20.12.055 Accessory Buildings - Yards. 20.12.060 Swimming Pools - Yards - Equipment. 20.12.065 Changes in Yard Requirements. 20.12.075 Automobile Storage or Parking Space. 20.12.080 Parking Automobiles on Roofs. 20.12.010 EFFECT OF CHAPTER. The following regula- tions shall apply in all R -A Districts, subject to the provi- sions of Chapter 20.10. 20.12.015 USES PERMITTED. The following uses shall be permitted in the R -A District: (a) Single- family dwellings. (b) Light farming, except commercial dairies, commercial kennels, commercial rabbit, fox, goat or hog farms, or commercial poultry ranches. (c) Accessory uses normally incidental to a single family dwelling or light farming. This is not to be construed as permitting any commercial use. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. • Page 30 R -A DISTRICT Chapter 20.12 (e) One name or identification sign not exceeding 2 square feet in area and pertaining only to the property, or the owner or occupant thereof, upon which the sign is located. (f) One unlighted sign, not exceeding 2 square feet in area, to advertise the lease, rental or sale of the property upon which it is located. Such sign may show only the name, address and telephone number of the owner, but shall not show the name, address, telephone number, or any other descrip- tion or identification of any person, firm or corporation other than the owner of said property. (g) In lieu of the sign mentioned in subsection (f) above, one open house sign not exceeding 2 square feet in area, which invites the general public to inspect the premises for lease, rent or sale, shall be permitted to be displayed, providing that at the time said property is open for inspection and the open house sign is displayed, the owner, his tenant, or his agent is in attendance and present on said property to display any such house or • building thereon. Said open house sign shall only be displayed on or from the property being leased, rented or sold and shall not show the name, address, telephone number, or any other description or identi- fication of any person, firm or corporation other than the owner of such property. (Ord. 1172 § 1; August 8, 1966: prior 1949 Code §9103.01 added by Ord. 635; December 12, 1950 and amended by 1158 § 1; May 9, 1966). 20.12.020 USES REQUIRING USE PERMIT. The following uses shall be permitted, subject to the securing of a Use Permit in each case: (a) Commercial nurseries. (b) Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of the General Controls - Residential Districts. 20.12.025 BUILDING HEIGHT LIMIT. The building height limit shall be as specified in Chapter 20.02. (Ord. 1454 § 5; • September 11, 1972: prior 1949 Code § 9103.2 added by Ord. 635; December 12, 1950). • is Page 31 R -A DISTRICT Chapter 20.12 20.12.030 SITE AREA AND LOT WIDTH. There shall be a minimum building site area of 6,000 square feet and a minimum lot width of 60 feet. In no case shall there be more than one single - family dwelling on any one building site. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this section. 20.12.035 SITE AREA COVERAGE. For aggregate building coverage there shall be a maximum coverage of forty percent (40 %) of building site area. (1949 Code § 9103.04 added by Ord. 635; December 12, 1950). 20.12.040 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet, except as may be otherwise indicated on the Districting Maps. B. SIDE YARDS. Each side yard shall be ten percent (10 %) of the lot width, with a minimum of 3 feet and a maximum of 6 feet; provided, that the side yard on the rear one -half of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existent on the adjacent reversed frontage. C. REAR YARDS. Each yard shall with a minimum of 15 feet and a 4 9103.05 (a,b,c) added by Ord. be 20 percent of the lot depth, maximum of 25 feet. (1949 Code 635; December 12, 1950). 20.12.045 ACCESSORY BUILDING LOCATION. Accessory buildings used for the keeping of chickens or other poultry or rabbits or other animals shall be not less than 60 feet from the front property line nor less than 20 feet from any side or rear property line. (1949 Code § 9103.03 (d) added by Ord. 635; December 12, 1950). 20.12.050 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.10.025 of General Controls - Residential Districts. 20.12.055 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10.030 of General Controls - Residential Districts. 20.12.060 SWIMMING POOLS - YARDS - EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.12.065 CHANGES IN YARD REQUIREMENTS. The Plan- is ning Commission may approve changes in the yard setback require- ments applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivi- sion. The applicant shall submit with his application an exact • Page 32 R -A DISTRICT Chapter 20.12 copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the Districting map shall be revised according) . (1949 Code 9 9105.42, added by Ord. 1134; August 9, 1965 . 20.12.075 AUTOMOBILE PARKING OR STORAGE SPACE. Accessible storage or parking space for the parking of auto- mobiles off the street shall be provided in R -A Districts as follows: (a) Not less than two garage spaces for each single - family dwelling. (b) Not less than two garage spaces per family unit in any residential "B" District. Parking space required for other uses allowed in any "R" District and not set forth above shall be determined by the Planning Commission. 20.12.080 PARKING AUTOMOBILES ON ROOFS. Parking of • automobiles on the roof of a building in any R -A District is not permitted. • r 1 �J • • R- 1 D I S T R I C T Chapter 20.13 R -1 DISTRICT Sections: Page 33 R -1 DISTRICT Chapter 20.13 20.13.010 Effect of Chapter. 20.13.015 Uses Permitted. 20.13.020 Uses Requiring Use Permit. 20.13.025 Building Height and Floor Area Limit. 20.13.030 Site Area and Lot Width. 20.13.035 Site Area Coverage. 20.13.040 Yards. 20.13.045 Extensions Into Yards. 20.13.050 Accessory Buildings - Yards. 20.13.055 Swimming Pools - Yards - Equipment. 20.13.060 Changes in Yard Requirements. 20.13.070 Automobile Storage or Parking Space. 20.13.075 Parking Automobiles on Roofs. 20.13.010 EFFECT OF CHAPTER. The following regulations shall apply in all R -1 Districts, subject to the provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona del Mar are subject additionally to the provisions of Chapter 20.11, Residential Development Standards. 20.13.015 USES PERMITTED. The following uses shall be permitted in the R -1 District: (a) Single - family dwellings. (b) Accessory uses normally incidental to single - family dwellings. This is not to be construed as permitting any commercial use, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equip- ment or materials used in the conduct of any retail or wholesale business. (c) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. • Page 34 R -1 DISTRICT Chapter 20.13 (d) One name or identification sign not exceeding 2 square feet in area and pertaining only to the property, or the owner or occupant thereof, upon which the sign is located. (e) One unlighted sign, not exceeding 2 square feet in area, to advertise the lease, rental or sale of the property upon which it is located. Such sign may show only the name, address and telephone number of the owner, but shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of said property. (f) In lieu of the sign mentioned in subsection (e) above, one open house sign, not exceeding 2 square feet in area, which invites the general public to inspect the premises for lease, rent or sale, shall be permitted to be displayed, provided that at the time said property is open for inspection and the open house sign is displayed, the owner, his tenant, or his agent is in attendance and • present on said property to display any such house or building thereon. Said open house sign shall only be displayed on or from the property being leased, rented or sold and shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of such property. (Ord. 1172 § 2, August 8, 1966: prior 1949 Code § 9103.11 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958 and by Ord. 1158 § 2; May 9, 1966). 20.13.020 USES REQUIRING USE PERMIT. Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls - Residential Districts. 20.13.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages, and car- ports contained in all buildings on a building site in an R -1 District shall not exceed two times the buildable area of the site. No more than two livable stories shall be included within a structure. For dwellings, the building height limit shall be as specified in Chapter 20.02. For accessory build- ings, the building height limit shall be 15 feet. • For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, building height and floor area limit regulations are as specified in Section 20.11.020 (a) of Residential Development Standards. • Page 35 R -1 DISTRICT Chapter 20.13 20.13.030 SITE AREA AND LOT WIDTH. For each dwelling there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet on interior lots, a minimum of 6,000 square feet of area and minimum width of 60 feet on corner lots. In no case shall there be more than one single - family dwelling on any one building site. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this section. 20.13.035 SITE AREA COVERAGE. The maximum building site area permitted in the R -1 District shall be full coverage, less required front, side and rear yards. (1949 § 9103.14 added by Ord. 635; December 12, 1950). 20.13.040 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet and a maximum permitted shall be 35 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from front property line. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, • front yard open space requirements are as specified in Section 20.11.040 of Residential Development Standards. B. SIDE YARDS. Each side yard shall be not less than 3 feet wide on building sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. The minimum width required for rear yards shall be 10 feet. (1949 Code § 9103.15 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.13.045 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.10.025 of General Controls - Residential Districts. 20.13.050 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10.030 of General Controls - Residential Districts. 20.13.055 SWIMMING POOLS - YARDS - EQUIPMENT. Regula- tions are as specified in Section 20.10.035 of General Controls - Residential Districts. E • is • Page 36 R -1 DISTRICT Chapter 20.13 20.13.060 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (1949 Code 9105.42, added by Ord. 1134; August 9, 1965). 20.13.070 AUTOMOBILE PARKING OR STORAGE SPACE. Accessible storage or parking space for the parking of auto- mobiles off the street shall be provided in R -1 Districts as follows: (a) Not less than two garage spaces for each single - family dwelling. (b) Not less than two garage spaces per family unit in any residential "B" District. Parking space required for District and not set forth Planning Commission. other uses allowed in any R -1 above shall be determined by the For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, parking requirements are as specified in Section 20.11.030 of Residential Development Standards. 20.13.075 PARKING AUTOMOBILES ON ROOFS. Parking of automobiles on the roof of a building in any R -1 District is not permitted. E • • R- 1. 5 D I S T R I C T Chapter 20.14 R -1.5 DISTRICT Sections: Page 37 R -1.5 DISTRICT Chapter 20.14 20.14.010 Effect and Purpose of Chapter. 20.14.015 Uses Permitted. 20.14.020 Uses Requiring Use Permit. 20.14.025 Building Height and Floor Area Limit. 20.14.030 Site Area and Dwelling Area. 20.14.035 Buildable Area. 20.14.040 Yards. 20.14.045 Extensions Into Yards. 20.14.050 Accessory Buildings - Yards. 20.14.055 Swimming Pools - Yards - Equipment. 20.14.060 Changes in Yard Requirements. 20.14.070 Automobile Storage or Parking Space. 20.14.075 Parking Automobiles on Roofs. 20.14.010 EFFECT AND PURPOSE OF CHAPTER. The follow- ing regulations shall apply in all R -1.5 Districts, subject to the provisions of Chapter 20.10. The purpose of this chapter is to allow single - family units or duplexes with the total gross floor area of all buildings limited to a maximum of 1.5 times the buildable area. (Ord. 1486 § 1, January 22, 1973: Ord. 1451 § 1 (part), July 24, 1972). 20.14.015 USES PERMITTED. The following uses shall be permitted in the R -1.5 District: (a) One single - family dwelling. (b) One duplex. (c) Accessory uses normally incidental to single - family dwellings or duplexes. This is not to be construed as permitting any commercial uses, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. • Page 38 R -1.5 DISTRICT Chapter 20.14 (e) One name or identification sign not exceeding two square feet in area and pertaining only to the property, or the owner or occupant thereof, upon which the sign is located. (f) One unlighted sign, not exceeding two square feet in area, to advertise the lease, rental or sale of the property upon which it is located. Such sign may show only the name, address and telephone number of the owner, but shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of said property. (g) In lieu of the sign mentioned in subsection (f) above, one open house sign not exceeding two square feet in area, which invites the general public to inspect the premises for lease, rent or sale, shall be permitted to be displayed, provided that at the time said property is open for inspection and the open house sign is displayed, the owner, his tenant, or his agent is in attend- ance and present on said property to display any such house or building thereon. Said open house sign shall only be displayed on or from the property being leased, rented or sold and shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of such property. (Ord. 1451 § 1 (part), July 24, 1972). 20.14.020 USES REQUIRING USE PERMIT. Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls - Residential Districts. 20.14.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages and carports, contained in all buildings on a building site in an R -1.5 Dist- rict shall not exceed 1.5 times the buildable area of the site. No more than two livable stories shall be included within a structure. For dwellings, the building height limit shall be specified in Chapter 20.02. For accessory buildings, the building height shall be fifteen (15) feet. (Ord. 1486 § 2, January 22, 1973: Ord. 1451 § 1 (part), July 24, 1972; amended by Ord. 1454 § 7, September 11, 1972). • 20.14.030 SITE AREA AND DWELLING AREA. The minimum building site area shall be five thousand (5,000) square feet. On any building site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for • Page 39 R -1.5 DISTRICT Chapter 20.14 each family unit. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this Section. 20.14.035 BUILDABLE AREA. The maximum building area coverage permitted for aggregate buildings shall be full cover- age, less required front, side and rear yards. The maximum area of the building shall not exceed 1.5 times the buildable area. (Ord. 1486 § 4, January 22, 1973: Ord. 1451 § 1 (part), July 24, 1972). 20.14.040 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be twenty feet, with a maximum of thirty -five feet permitted, except as may other- wise be indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. B. SIDE YARDS. Each side yard shall not be less than three feet wide on building site forty feet wide or less, or four feet on lots wider than forty feet, provided that the side yard on the rear twenty feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. For rear yards, there shall be a minimum requirement of ten feet. D. BETWEEN DETACHED BUILDINGS. There shall be a minimum of ten feet between detached buildings. (Ord. 1451 § 1 (part), July 24, 1972). 20.14.045 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.10.025 of General Controls - Residen- tial Districts. 20.14.050 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10.030 of General Controls - Residential Districts. 20.14.055 SWIMMING POOLS - YARDS - EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.14.060 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The I Page 40 R -1.5 DISTRICT Chapter 20.14 decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised according) . (1949 Code § 9105.42, added by Ord. 1134; August 9, 1965. 20.14.070 AUTOMOBILE STORAGE OR PARKING SPACE. Accessible storage or parking space for the parking of auto- mobiles off the street shall be provided in the R -1.5 District as follows: (a) Not less than two garage spaces for each single - family dwelling. (b) Not less than one garage space for each family unit in any duplex. Parking space required for other uses allowed in the R -1.5 District and not set forth above shall be determined by the Planning Commission. 20.14.075 PARKING AUTOMOBILES ON ROOFS. Parking of automobiles on the roof of a building in any R -1.5 District is not permitted. Sections: 20.15.010 20.15.015 20.15.020 20.15.025 20.15.030 20.15.035 20.15.040 20.15.045 20.15.050 20.15.055 20.15.060 20.15.070 20.15.075 Page 41 R -2 DISTRICT Chapter 20.15 R- 2 D I S T R I C T Chapter 20.15 R -2 DISTRICT Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Building Height and Floor Area Limit. Site Area and Lot Width. Site Area Coverage. Yards. Extensions Into Yards. Accessory Buildings - Yards. Swimming Pools - Yards - Equipment. Changes in Yard Requirements. Automobile Storage or Parking Space. Parking Automobiles on Roofs. 20.15.010 EFFECT OF CHAPTER. The following regulations shall apply in all R -2 Districts, subject to the provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona del Mar are subject additionally to the provisions of Chapter 20.11. 20.15.015 USES PERMITTED. The following uses shall be permitted in the R -2 Districts: (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, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. Page 42 R -2 DISTRICT Chapter 20.15 (e) One name or identification sign not exceeding 2 square feet in area and pertaining only to the property, or the owner or occupant thereof, upon which the sign is located. (f) One unlighted sign, not exceeding 2 square feet in area, to advertise the lease, rental or sale of the property upon which it is located. Such sign may show on'y the name, address and telephone number of the owner, but shall not show the name, address, telephone number, or any other description or Identification of any person, firm or corporation other than the owner of said property. (g) In lieu of the sign mentioned in subsection (f) above, one open house sign not exceeding 2 square feet in area, which invites the general public to inspect the premises for lease, rent or sale, shall be permitted to be displayed, provided that at the time said property is open for inspection and the open house sign is displayed, the owner, his tenant, or his agent is in attendance and present on said property to ' display any such house or building thereon. Said open house sign shall only be displayed on or from the property being leased, rented or sold and shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of such property. (Ord. 1172 § 3; August 8, 1966: prior 1949 Code § 9103.21 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958 and by Ord. 1158 § 3; May 9, 1966). 20.15.020 USES REQUIRING USE PERMIT. Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls - Residential Districts. 20.15.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages, and car- ports contained in all buildings on a building site in an R -2 District shall not exceed two times the buildable area of the site. No more than two livable stories shall be included within a structure. For dwellings, the building height limit shall be as specified in Chapter 20.02. For accessory buildings, the building height limit shall be 15 feet. ' For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, building height and floor area limit regulations are as specified in Section 20.11.020 (a) of Residential Development Standards. Page 43 R -2 DISTRICT Chapter 20.15 20.15.030 SITE AREA AND LOT WIDTH. A. TWO DWELLINGS OR DUPLEX. For each two dwellings or one duplex there shall be a minimum area of 5,000 square feet and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on corner lots. In no case shall there be more than two single - family dwellings or one duplex on any one building site. B. FAMILY UNIT IN ANY BUILDING. For each family unit in any building, there shall be a minimum of 1,000 square feet of land area. C. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this section. 20.15.035 SITE AREA COVERAGE. The maximum building site coverage permitted for aggregate buildings shall be full coverage, less required front, side, and rear yards. (1949 Code § 9103.24 added by Ord. 635; December 12, 1950). 20.15.040 YARDS. A. FRONT YARDS. The minimum width • required for front yards shall be 20 feet and a maximum permitted shall be 35 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from front property line. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, front yard open space requirements are as specified in Section 20.11.040 of Residential Development Standards. B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building site 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. For rear yards, there shall be minimum requirement of 10 feet. D. BETWEEN DETACHED BUILDINGS. Minimum 10 feet. (1949 Code § 9103.25 added by Ord. 635; December 12, 1950, as amended by Ord. 845; April 14, 1958). 20.15.045 EXTENSIONS INTO YARDS. Regulations are as • specified in Section 20.10.025 of General Controls - Residential Districts. 20.15.050 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10.030 of General Controls - Residential Districts. • r1 u r1 L J Page 44 R -2 DISTRICT Chapter 20.15 20.15.055 SWIMMING POOLS - YARDS - EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.15.060 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (1949 Code § 9105.42, added by Ord. 1134; August 9, 1965). 20.15.070 AUTOMOBILE STORAGE OR PARKING SPACE. Accessible storage or parking space for the parking of auto- mobiles off the street shall be provided in R -2 Districts as follows: (a) Not less than two garage spaces for each single - family dwelling. (b) Not less than one garage space for each family unit in any duplex. (c) Not less than two garage spaces per family unit in any residential "B" District. Parking space required for other uses allowed in any R -2 District and not set forth above shall be determined by the Planning Commission. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, parking requirements are as specified in Section 20.11.030 of Residential Development Standards. 20.15.075 PARKING AUTOMOBILES ON ROOFS. Parking of automobiles on the roof of a building in any R -2 District is not permitted. is Sections: 20.16.010 20.16.015 20.16.020 20.16.025 20.16.030 20.16.035 20.16.040 20.16.045 20.16.050 20.16.055 20.16.060 20.16.065 • 20.16.0 20.16.080 80 Page 45 R -3 DISTRICT Chapter 20.16 R- 3 D I S T R I C T Chapter 20.16 R -3 DISTRICT Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Accessory Uses. Building Height and Floor Area Limit. Site Area. Site Area Coverage. Yards. Extensions Into Yards. Accessory Buildings - Yards. Swimming Pools - Yards - Equipment. Changes in Yard Requirements. Automobile Storage or Parking Space. Parking Automobiles on Roofs. 20.16.010 EFFECT OF CHAPTER. The following regulations shall apply in all R -3 Districts, subject to the provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona del Mar are subject additionally to the provisions of Chapter 20.11. 20.16.015 USES PERMITTED. The following uses shall be permitted in the R -3 Districts. (a) Single- family dwellings and duplexes. (b) Multiple dwellings, apartment houses and dwelling groups. (c) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (d) Name or identification signs, each not exceeding 2 square feet in area and pertaining only to the • property or the owner or occupant thereof upon which the sign is located. Page 46 R -3 DISTRICT Chapter 20.16 L J (e) Unlighted signs, not over 2 square feet in area, to advertise the lease, rental or sale of the property upon which they are located. Such signs may show only the name address and telephone number of the owner, but shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of said property. (f) Open house signs, each not exceeding 2 square feet in area, which invite the general public to inspect the premises for lease, rent or sale, shall be permitted to be displayed, provided that at the time said property is open for inspection and the open house signs are displayed, the owner, his tenant, or his agent is in attendance and present on said pro- perty to display any such house or building thereon. Said open house signs shall only be displayed on or from the property being leased, rented or sold and shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of such property. (Ord. 1172 § 4, August 8, 1966: prior 1949 Code § 9103.31 added by Ord. 635; December 12, • 1950 as amended by Ord. 974; October 30, 1961 and by Ord. 1158 § 4; May 9, 1966). 20.16.020 USES REQUIRING USE PERMIT. The following uses shall be permitted, subject to the securing of a use permit in each case: (a) Community centers, social halls, lodges, clubs, rest homes, and motels. (b) Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls - Residential Districts. (c) Signs larger than six square feet and appurtenant to any use. (1949 Code § 9103.32 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.16.025 ACCESSORY USES. Accessory uses and buildings normally incidental to any of the above shall be permitted. This • shall not be construed as permitting any commercial uses or occupation other than those specifically listed, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. • Page 47 R -3 DISTRICT Chapter 20.16 20.16.030 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an R -3 District shall not exceed three times the build- able area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, building height and floor area limit regulations are as specified in Section 20.11.020 (b) of Residential Development Standards. 20.16.035 SITE AREA. A. BUILDING OR GROUP OF BUILDINGS. For each building or group of buildings, there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet of area and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on corner lots. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, there shall be a minimum of twelve hundred • square feet of land area. C. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this Section. 20.16.040 SITE AREA COVERAGE. For aggregate building coverage, the maximum site coverage permitted shall be full coverage, less required front, side and rear yards. (1949 Code § 9103.36 added by Ord. 635; December 12, 1950). 20.16.045 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet and a maximum permitted shall be 35 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from front property line. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, front yard open space requirements are as specified in Section 20.11.040 of Residential Development Standards. B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building sites 40 feet wide or less, or 4 feet on lots • wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. She aC Miry fb etMPlSTANFFS for �3 9ro4p yard um of B 61, 17 BETWEEN 1 S/14 s pr fee Of BU to gy Per co l se aidln9 t wfde in any ? Code ps o its m1nf access �� f § 9 a l l Pro mum t tr I ed 6.0s p I03 3 6e dV t din of I2 s in acts to Sect F ,add din �� cces feet m s 20 e ion 20TI)SIO 6y Ord f 20 o dou n t fa /c f f I p• 02SS 47.0 635; f O r w oq ' psp is rl ct ectionORy ep o f GeneAC71 Reg Res as S/y 20,10 0 p1NGS rols O6S 10, entt jec f1, Pp 30 of GenAROS mdy pfst d in 04S era J RF to aOy'o o. C8ANGE Icts SectfOnAROS Con a S S hal s i sang sN yAR p 2p Ip ' IJ tr I t f 1 3S F ,ncIt nap6�f �1ial hn� fk",EMENT of 0e / rf r and 9 min- t his ct 47 or set c Th Shall a Cftt may Ss on pr poi It care lot e9ufr Ord 6 73 v f o' pf ro ye d l7 ed cha and Sad a t F 4; ed I a arts 6e s nge exa fv1 e r pa�MOB7 Auger t 9 rd n Ve,Ys pp 0 ect to The cot et sh ��nbe aceRAGF'01965) S 9cg an ro df fy e sn two provfof the SKING Code es the 9, gar in arkf SPA age R'3 n9 CF. Or tj Sara spaces for Oistricts1,to. unit lex�ge each as 'e OAS. Or W Il.or A. s1n97e, • • Pi Page 49 R -3 DISTRICT Chapter 20.16 (d) Not less than one parking space for each two guest rooms in any hotel. (e) Not less than one garage space for each of the first four family units, and two offstreet parking spaces, one of which must be a garage space, for each addi- tional family unit, in any dwelling group of more than four family units. (f) Not less than two garage spaces per family unit in any residential "B" District. Parking space required for District and not set forth Planning Commission. other uses allowed in any R -3 above shall be determined by the For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, parking requirements are as specified in Section 20.11.030 of Residential Development Standards. 20.16.080 PARKING AUTOMOBILES ON ROOFS. Parking of automobiles on the roof of a building in any R -3 District is not permitted. E r1 L J L Sections: 20.17.010 20.17.015 20.17.020 20.17.025 20.17.030 20.17.035 20.17.040 20.17.045 20.17.050 20.17.055 20.17.060 20.17.065 20.17.075 20.17.080 Page 50 R -4 DISTRICT Chapter 20.17 R- 4 D I S T R I C T Chapter 20.17 R -4 DISTRICT Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Accessory Uses. Building Height and Floor Area Limit. Site Area. Site Area Coverage. Yards. Extensions Into Yards. Accessory Buildings - Yards. Swimming Pools - Yards - Equipment. Changes in Yard Requirements. Automobile Storage or Parking Space. Parking Automobiles on Roofs. 20.17.010 EFFECT OF CHAPTER. The following regulations shall apply in all R -4 Districts, subject to the provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona del Mar are subject additionally to the provisions of Chapter 20.11. 20.17.015 USES PERMITTED. The following uses shall be permitted in R -4 Districts: (a) Single - family dwellings and duplexes. (b) Multiple dwellings, apartment houses and dwelling groups. (c) Hotels,motels and rooming or boarding houses. (d) Community centers, social halls, lodges and clubs. (e) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (f) Signs not over twelve square feet in area and attached to the main building. (1949 Code § 9103.41 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). is Page 51 R -4 DISTRICT Chapter 20.17 20.17.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to first securing a use permit in each case: (a) Professional offices. (b) Hotel and Motel restaurants, "on- sale" liquor establishments, and other appurtenant services and retail shops designed primarily for the convenience of the guests of hotels and motels provided that all access shall be from a lobby, patio or court yard, and further; provided, that no advertising be visible from any street. (c) Recreational establishments, parking lots, institu- tions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more partic- ularly in Section 20.10.020 of General Controls - Residential Districts. (d) Signs larger than twelve square feet and appurt- enant to any use. (1949 Code § 9103.42 added by • Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.17.025 ACCESSORY USES. Accessory uses and build- ings normally incidental to any of the above shall be permitted. This shall not be construed as permitting any commercial use or occupation, other than those specifically permitted, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. 20.17.030 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an R -4 District shall not exceed three times the build- able area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, building height and floor area limit regulations are as specified in Section 20.11.020 (b) of Residential Development Standards. J Pi Page 52 R -4 DISTRICT Chapter 20.17 20.17.035 SITE AREA. A. GENERAL. For each building or group of buildings, there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on corner lots. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, the minimum lot area shall be 800 square feet. C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel or motel, the minimum lot area shall be 300 square feet. D. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this Section. 20.17.040 SITE AREA COVERAGE. For aggregate building coverage, the maximum site coverage permitted shall be full coverage, less required front, side and rear yards. (1949 Code § 9103.36 added by Ord. 635; December 12, 1950). • 20.17.045 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet and a maximum permitted shall be 35 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from front property line. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, front yard open space requirements are as specified in Section 20.11.040 of Residential Development Standards. B. SIDE YARDS. For main buildings three stories or less in height, a side yard on each side of the building equal in width to eight percent of the average width of the lot shall be pro- vided. Beginning with the fourth story of main buildings over three stories in height, the width of each of the required side yard shall be increased a distance equal to two percent (2 %) of the average width of the lot for each story in excess of three. In no event, however, shall a side yard of more than 25 feet be required. (1949 Code § 9103.47 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.17.050 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.10.025 of General Controls - Residential Districts. • 20.17.055 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10.030 of General Controls - Residential Districts. • Page 53 R -4 DISTRICT Chapter 20.17 20.17.060 SWIMMING POOLS - YARDS - EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.17.065 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (1949 Code 9105.42, added by Ord. 1134, August 9, 1965). 20.17.075 AUTOMOBILE STORAGE OR PARKING SPACE. Accessible storage or parking space for the parking of auto- mobiles off the street shall be provided in R -4 Districts as follows: (a) Not less than two garage spaces for each single - family dwelling. • (b) Not less than one garage space for each family unit in any duplex, triplex, or dwelling group of four or less family units. (c) Not less than one garage space for each two guest rooms in any rooming house. (d) Not less than one parking space for each two guest rooms in any hotel. (e) Not less than one garage space for each of the first four family units, and two offstreet parking spaces, one of which must be a garage space, for each addi- tional family unit, in any dwelling group of more than four family units. (f) Not less than two garage spaces per family unit in any residential "B" District. Parking space required for other uses allowed in any R -4 District and not set forth above shall be determined by the Planning Commission. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, • parking requirements are as specified in Section 20.11.030 of Residential Development Standards. Page 54 R -4 DISTRICT Chapter 20.17 20.17.080 PARKING AUTOMOBILES ON ROOFS. Parking of automobiles on the roof of a building in any R -4 District is not permitted. • is Page 55 " -B" DISTRICT Chapter 20.18 "- B" D I S T R I C T Chapter 20.18 " -B" DISTRICT Sections: 20.18.010 Effect of Chapter. 20.18.020 Site Area. 20.18.030 Uncovered Rear Yard Area. 20.18.040 Slope Ratio Approval Required. 20.18.050 Site Area. 20.18.010 EFFECT OF CHAPTER. The following regula- tions shall 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 provisions of Chapter 20.10. All other pro- visions of the respective districts shall apply. (1949 Code 9 9104.1 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.18.020 SITE AREA. The following minimum building site area, lot sizes and setbacks shall be required and the following maximum coverage shall be allowed in the respective " -B" Districts: COMBINING DESIGNATION B: Building site area 6000 square feet. Lot width 60 feet. Lot length 80 feet. Front yard 20 feet. Rear yard 6 feet. Side yard 6 feet. Maximum coverage 60 percent. COMBINING DESIGNATION B -1: Building site area 7500 square feet. Lot width 75 feet. • Lot length Front yard 90 15 feet. feet. Rear yard 1 feet. Side yard 7 feet. Maximum coverage 60 percent. • Page 56 " -B" DISTRICT Chapter 20.18 COMBINING DESIGNATION B -2: Building site area 10,000 square feet. Lot width 90 feet. Lot length 100 feet. Front yard 15 feet. Rear yard 10 feet. Side yard 10 feet. Maximum coverage 60 percent. COMBINING DESIGNATION B -3: Building site area 20,000 square feet. Lot width 100 feet. Lot length 150 feet. Front yard 15 feet. Rear yard 10 feet. Side yard 10 feet. Maximum coverage 60 percent. COMBINING DESIGNATION B -4: As designated on zoning map; provided, that no requirements be less than B -3 regulations. • All setbacks on the street side of a corner lot shall not be less than that required on existing or adjacent reversed frontage when such exists. (1949 Code § 9104.11 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.18.030 UNCOVERED REAR YARD AREA. There shall be a minimum of 750 square feet or rear yard land area adjoining the main dwelling maintained uncovered. (1949 Code § 9104.11 -1 added by Ord. 845; April 14, 1958). 20.18.040 SLOPE RATIO APPROVAL REQUIRED. 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. (1949 Code § 9104.12 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.18.050 SITE AREA. The following minimum building site area shall be required for each family unit (maximum density permitted in R Districts where combined with " -B" District): 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. B -3 3000 sq. ft. 2000 sq. ft. 1500 sq. ft. (1949 Code § 9104.13 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). • • C� Chapters: 20.30 20.31 20.32 20.33 20.34 20.35 20.36 PART III: COMMERCIAL DISTRICTS General Controls - Commercial Districts A -P District C -N District Commercial - Residential District C -0 District C -1 District C -2 District 0 Sections: G E N E R A L C O N T R O L S - - — — — — — — — — — — — — — — — C O M M E R C I A L D I S T R I C T S Chapter 20.30 GENERAL CONTROLS - COMMERCIAL DISTRICTS 20.30.010 20.30.015 20.30.020 20.30.025 20.30.030 20.30.035 20.30.040 • 20.30.045 20.30.050 Page 57 GENERAL CONTROLS COMMERCIAL Chapter 20.30 Effect of Chapter. Temporary Structures and Uses. Uses Requiring Use Permit. Extensions Into Yards. Automobile Storage or Parking Space for Commercial Uses. "H" Combining District. "Z" Combining District. Requirements for Off- Street Parking. Plans and Drawings for Commercial Districts. 20.30.010 EFFECT OF CHAPTER. The general controls contained in this Chapter shall apply to all developments in Commercial Districts and A -P Districts. 20.30.015 TEMPORARY STRUCTURES AND USES. A. INTENT AND PURPOSE. The intent and purpose of this Section is to establish procedures whereby the Director of Community Develop- ment or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The Director of Community Development may authorize the temporary use of structures and land in any Commercial District for a period of time not to exceed 90 days. Prior to approving said temporary use the Director of Community Development shall inform the Planning Commission of his intent to permit said use and shall take whatever steps or precautions are necessary • to assure that said use will be consistent with the purpose and intent of this Section and that said land or building will be restored at such time as the use is terminated. Page 58 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The Planning Commission may authorize the temporary use of structures and land in any Commercial District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving said use permit the Planning Commission may impose whatever conditions they deem necessary to assure that the purpose and intent of this Section is carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. D. TEMPORARY REAL ESTATE SIGNS AND STRUCTURES. The Director of Community Development may approve temporary signs and temporary tract and sales offices for the first sale of struc- tures and /or lots in any district for a period of time not to exceed one year following the recordation of the final sub- division map. E. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above. • (Ord. 1591 4 1, 1974; 1949 Code 9 9105.1(3) added by Ord. 1130; 1965). 20.30.020 USES REQUIRING USE PERMIT. The following uses shall be permitted in any Commercial District subject to the securing of a use permit. (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public and quasi - public buildings, senior citizen housing facilities (where residency is limited to elderly persons), and municipally- operated parking lots. (c) Parking automobiles on roofs. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. • (e) Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any Commercial District unless a Use Permit shall first have been secured for the establishment, mainten- ance, and operation of such use. The Community Page 59 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 Development Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such heli- stops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Com- mission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 1446; June 26, 1972). 20.30.025 EXTENSIONS INTO YARDS. A. ARCHITECTURAL FEATURES. Architectural features such as cornices or eaves may extend not exceeding 2 -112 feet into any required front or rear yard setback; provided, however, that such architectural • features shall not project any closer than 2 feet from any side property line. B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to exceed 8 feet in width, constructed of incombustible material, may encroach to a distance of 2 feet into any required front yard setback of 10 feet or more for any residential structure in a Commercial District; provided, that the fireplace and chimney must be located not less than 5 feet from any side yard setback line. Fireplaces and chimneys not to exceed 9 feet in width, constructed of incombustible material, may encroach to a maximum distance of 2 -112 feet from any side yard setback line provided that such encroachment must be at least 2 feet from any side property line. C. OPEN PORCHES AND LANDINGS. Open uncovered porches or land- ings may project a distance not exceeding 5 feet into any required front yard setback. D. MARQUEES, AWNINGS, AND SHADES. Marquees, awnings, or shades may project from a residential building in a Commercial District into the front yard setback not to exceed 5 feet from the build- ing nor more than half the depth of the required front yard, and must be within the required side yard lines and have a clearance above grade vertically of not less than 5 -1/2 feet. Any such projection from the building shall be self- supporting and shall be of incombustible material or of not less than one -hour fire resistive construction. Page 60 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 Marquees, awnings, or shades may project from the building into the rear yard setback of a residential building not to exceed 2 -112 feet. E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from said mapped street, and in no case shall the provisions of this Title be construed as permitting any encroachment upon any mapped street. (Ord. 1398 § 1, August 9, 1971; Ord. 1176 9 2, September 12, 1966: prior 1949 Code § 9105.4(a -g) added by Ord. 635; December 12, 1950 as amended by Ord. 1035, April 8, 1963). 20.30.030 AUTOMOBILE STORAGE OR PARKING SPACE FOR COMMERCIAL USES. A. REQUIRED PARKING. Off- street parking in accordance with the requirements of Section 20.30.035 entitled "H" Combining District shall be required of all property in all commercial zoning districts which has not previously been included within a "Z" or "H" Combining District. All properties in Commercial Districts which do not meet the requirements of this Section shall be classified as nonconforming uses. • B. NONCONFORMING USES. The provisions of Chapter 20.83 entitled "NONCONFORMING STRUCTURES AND USES" shall not be applicable to structures and uses which are nonconforming only because they do not comply with the parking requirements set forth in Subsection A above, but instead the following regulations shall be controlling: (1) EXISTING USES AND STRUCTURES. The lawful use of land or buildings or both in commercial zoning districts which do not meet the parking requirements set forth in Subsection A above, which use was in existence on the effective date of this Section, may be continued or changed to a use requiring the same of less on -site parking without compliance with said requirements. (2) REMODELING, REPAIRS OR ALTERATIONS. Any nonconforming building may be repaired, altered or remodeled without complying with the parking requirements set forth in Subsection A of this Section. (3) ENLARGEMENT. Whenever a nonconforming building or use is enlarged by more than ten percent (10 %) of its original gross area in any one -year period, the property on which it is located shall be made to comply with the parking requirements of Subsection A • of this Section unless a waiver or reduction of said requirement is authorized by use permit. When the enlargement of an existing building or use constitutes less than ten percent (10 %) of its original gross area, the required parking shall be based only upon the added gross area. Page 61 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 (4) RESTORATION OF DAMAGED OR DESTROYED BUILDING. A nonconforming building wholly or partially damaged or destroyed by fire, explosion, earthquake, Act of God, or other act beyond the control of the owner or person in possession may be restored without the necessity of complying with the requirements of Section 20.30.030, provided that all of the follow- ing conditions are met: a. The restoration work is commenced within twelve months after the damage or destruction occurs; b. The building after restoration does not exceed its original gross floor area as it existed prior to the damage or destruction; and c. The use of the building is not changed to a use which requires more parking than the original use as it existed prior to the damage or destruction. (Ord. 1292 5 1; March 10, 1969). • 20.30.035 "H" COMBINING DISTRICT. The following regulations shall apply in all Commercial Districts with which are combined "H" Districts, in addition to the regulations hereinbefore specified therefor, and shall be subject to the provisions of Chapter 20.30; provided, however, that if any of the regulations specified in Subsection A and Subsection B below differ from any of the corresponding regulations specified in this Section for any district with which is combined an "H" District, then in such case the provisions of Subsections A and B shall govern. (1949 Code § 9104.2 added by Ord. 635; December 12, 1950, as amended by Ord. 845; April 14, 1958). A. USES PERMITTED. The following uses shall be permitted in " -H" Districts: All uses permitted in the respective districts with which the " -H" District is combined, subject to approval as to design of buildings and design and location of parking lot; except, however, as provided in Sections 20.30.035 (B.) and 20.30.035 (C.). (1949 Code § 9104.21 (part) added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). B. OFF- STREET PARKING REQUIRED - SCHEDULE. Off- street parking on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sites, shall be required in all • districts with which the " -H" District is combined, according to the following formula: (1) Retail Stores: One parking space for each 250 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. Page 62 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 (2) Office Buildings (except where portion is used as a medical or dental office): One parking space for each 250 square feet of net floor area, except as provided in Section 20.30.035 (C.). (3) Wholesale and Industry: One parking space for each 2,000 square feet of gross floor area and one load- ing space for each 10,000 square feet of gross floor area, but in no event shall there be less than 10 parking spaces for each such establishment. (4) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restrooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. Based on the following considerations, the Planning Commission may increase or decrease the parking • requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: I. The Physical Design characteristics of the restaurant. (a) The portion of net public area designated for dining, cocktails, or dancing. (b) The number of tables or seats, and their arrangement. (c) Other areas that should logically be excluded from the determination of net public area. (d) The parking lot design, including the use of small car spaces, tandem, and valet parking. (e) Availability of guest dock space for boats. 1I. The location of the restaurant. • (a) In relation to other uses and the waterfront. (b) Availability of off -site parking nearby. (c) Amount of walk -in trade. Page 63 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 (d) Parking problems in the area at times of peak demand. III. The operational characteristics of the restaurant. (a) Beer, wine, or full service bar. (b) The use of live entertainment. (c) The hours of operation. If during the review of the Use Permit, the Planning Commission uses any of the preceding considerations as a basis for raising or lowering a restaurant's parking requirement, the substance of such considera- tions shall become conditions of the Use Permit and a change to any of these conditions will require an amendment to the Use Permit. When an amendment to the Use Permit is required, the Planning Commission may increase or decrease parking requirements within the ranges noted above. • (5) Public Assembly: One parking space for each five seats. (6) Theaters: One parking space for each five seats. (7) Hotels: One parking space for each two guest rooms. (8) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. (9) Clinics: One parking space for each 250 square feet of gross floor area, plus one additional space for each doctor and one for each employee. (10) Motels: One parking space for each guest unit. (11) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. (Ord. 1623 § 2, 1975; Ord. 1404 § 3; September 20, 1971: 1949 Code § 9104.21(a) added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). • C. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified in Section 20.30.035(8.)(2), may be modified in accordance with the following schedule: • r1 L_J Page 64 GENERAL CONTROLS COMMERCIAL Chapter 20.30 PARKING POOL REQUIREMENT 1 to 500 spaces 1 space for each 250 square feet of net floor area. 501 to 1500 spaces 1 space for each 250 square feet of net floor area for the first 500 spaces, then 1 space for each 300 square feet of net floor area for each additional space. 1501 spaces and over 1 space for each 285 square feet of net floor area for the first 1500 spaces, then 1 space for each 350 square feet of net floor area for each additional space. (Ord. 1404 § 4, September 20, 1971). D. OFF- STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: (1) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the surrounding area. (3) Such lot and the building site are in the same owner- ship, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be owner- ship in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. (1949 Code § 9104.21(b) added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). Page 65 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 E. BUILDING LOCATION. In case no building line is established by the Street and Highway Plan of the Master Plan or by the provisions of this Chapter for the street on which any building will front, in any district with which an " -H" District is combined, no such building shall be erected, constructed, moved or structurally altered, so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic movements and the standing of vehicles which will be incidental to the use of such building. Such distance to be designated by the Planning Commission as a part of the action on plans submitted with the application for a permit for such building, as provided in Chapter 20.30. (1949 Code § 9104.22 added by Ord. 635; December 12, 1950). 20.30.040 "Z" COMBINING DISTRICT. The following regulations shall apply in all Commercial Districts with which are combined "Z" Districts, in addition to the regulations hereinbefore specified therefor, provided, however, that if any of the regulations specified in the "Z" District differ from any of the corresponding regulations specified in this Section for any District with which is combined the "Z" District, then and in such case the provisions of the "Z" District shall govern. • (1949 Code % 9104.3 added by Ord. 913, February 23, 1960). A. USES PERMITTED. The following uses shall be permitted in " -Z" Districts: All uses permitted in the respective districts with which the " -Z" District is combined, subject to approval as to design of building and design and location of parking lot; except, however, as provided in Subsections B and C below. (1949 Code § 9104.31 (part) added by Ord. 913; February 23, 1960). B. OFF- STREET PARKING REQUIRED - SCHEDULE. Off- street parking, on the building site, or on a separate lot from the building site or sites with City Council approval on recommendation of the Planning Commission, shall be required in all districts with which the " -Z" District is combined, according to the following formula: (1) Retail and Wholesale Stores: One parking space for each 350 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. (2) Office Buildings (except where any portion is used as a medical or dental office): One parking space • for each 350 square feet of net floor area. (3) Restaurants: One space for each 40 square feet of net public area. "New Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being • Page 66 GENERAL CONTROLS COMMERCIAL Chapter 20.30 used for the purpose of serving food or beverages, with the exception of kitchens, restrooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. Based on the following considerations, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: I. The Physical Design characteristics of the restaurant. (a) The portion of net public area designated for dining, cocktails, or dancing. (b) The number of tables or seats, and their arrangement. (c) Other areas that should logically be excluded from the determination of net public area. (d) The parking lot design, including the use of small car spaces, tandem, and valet parking. (e) Availability of guest dock space for boats. II. The location of the restaurant. (a) In relation to other uses and the waterfront. (b) Availability of off -site parking nearby. (c) Amount of walk -in trade. (d) Parking problems in the area at times of peak demand. III. The operational characteristics of the restaurant. (a) Beer, wine, or full service bar. (b) The use of live entertainment. (c) The hours of operation. • If during the review of the use permit, the Planning Commission uses any of the preceding considerations as a basis for raising or lowering a restaurant's parking requirement, the substance of such considera- tions shall become conditions of the Use Permit and Page 67 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 a change to any of these conditions will require an amendment to the use permit. When an amendment to the use permit is required, the Planning Commission may increase or decrease parking requirements within the ranges noted above. (4) Public Assembly: One parking space for each five seats. (5) Theaters: One parking space for each five seats. (6) Hotels: One parking space for each two guest rooms. (7) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. (8) Clinics: One parking space for each 250 square feet of gross floor area, plus one additional space for each doctor and one for each employee. (9) Motels: One parking space for each guest unit. • (10) Apartments: One parking space for each unit having not more than one bedroom; otherwise two parking spaces per unit. (11) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. (Ord. 1623 § 3, 1975; Ord. 1404 § 5, 1971). C. OFF- STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: (1) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the surrounding area. (3) Such lot and the building site are in the same owner- ship, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof • (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). Page 68 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off- street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off- street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. (Ord. 913, 1960: 1949 Code § 9104.31 (b)). D. WAIVER OF OFF- STREET PARKING REQUIREMENTS. The Planning Commission may recommend and the City Council may approve, on petition of the property owner, a waiver of or reduction in off - street parking required by the terms of this Section under the following conditions: (1) When a municipal parking lot is so located as to be useful in connection with the proposed use or uses • on the building site or sites. (2) When the building site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. (Ord. 9i3; 1960: 1949 Code § 9104.31(c)). 20.30.045 REQUIREMENTS FOR OFF- STREET PARKING. A. APPLICABILITY. The requirements of this Section and any off - street parking standards adopted by the City Council shall apply to the following: (1) All off - street parking lots and areas hereafter developed which are required by this Title. (2) All parking lots which are hereafter permitted subject to first securing a use permit. (3) All parking lots and parking areas which are hereafter required by the Planning Commission as a condition of granting a use permit. Such off - street parking standards shall be adopted by resolution and shall show minimum dimensions of parking spaces and aisles, • requirements for entrances and exits, and requirements for markings and other devices deemed necessary to protect patrons, the traffic on adjoining streets and alleys, and property owners in the vicinity. Page 69 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 B. BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin property in an R -1 or R -2 District, a wall shall be constructed along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of disturbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for adjoining property in a residential district. The remaining portion of the wall shall be 5 feet in height, the lower 4 feet of which must be of solid masonry construction. C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Building Official for approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this Section and in the off - street parking standards. If the proposed parking lot or parking area as shown on the plot plan meet the requirements, the Building Official shall endorse his written approval on the plan and retain a copy thereof. If the proposed plot plan does not meet the requirements of this Section, the • Building Official shall return the plan to the applicant, together with a written statement setting forth the deficiencies in the plan, within ten calendar days after the submission of the plan to the Building Official. The parking lot or parking area shall be developed and maintained in accordance with the plan as approved. D. VARIANCE. Where the size, shape, location, or topography of the proposed parking lot or parking area make compliance with the requirements of this Section impractical and will result in hardship, the Planning Commission, upon application, may waive such requirements of this Section and the off - street parking standards as are necessary to permit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detri- mental to surrounding property. (1949 Code § 9105.51 added by Ord. 1031; March 25, 1963). 20.30.050 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. A. In case an application is made for a permit for any building or structure in any Commercial District, the application shall be accompanied by architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building, or structure and proposed landscape or other treatment 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 Page 70 GENERAL CONTROLS COMMERCIAL • Chapter 20.30 structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the City, or not to impair the desirability of investment or occupation in the neighborhood. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(a)). B. ARCHITECTURAL COMMITTEE - APPOINTMENT AND MEMBERSHIP. The Planning Commission may appoint an Architectural Committee of three members, who may be employees in the following departments: Department of Community Development and City Engineer. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(b)). C. AUTHORITY OF ARCHITECTURAL COMMITTEE - STANDARDS. The Architectural Committee shall have authority to approve architec- tural sketches within the meaning of Section 20.30.050 (A.), but 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 Designated in Title 20 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 Department of Community Development. The drawings shall show desirable architectural standards, but is are not designs which must be copied in order to secure approval of plans. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(c)). D. APPEAL FROM ARCHITECTURAL COMMITTEE ACTION. In case the applicant is not satisfied with the decision of the Architectural Committee, he may within thirty days after such action appeal in writing to the Planning Commission. The Architectural Committee may, if it deems advisable, refer any application for architec- tural approval to the Planning Commission for its decision. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(d)). E. APPEAL FROM PLANNING COMMISSION ACTION. In case the appli- cant is not satisfied with the action of the Planning Commission, he may within twenty -one (21) days appeal in writing to the City Council and the Council shall render its decision within thirty (30) days after the filing of such appeal. (Ord. 1415 § 1, 1971: Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(e)). F. APPROVAL OF PLANS REQUISITE TO PERMIT ISSUANCE. No permit shall be issued in any case as provided in Section 20.30.050 (A.) until such drawings and sketches have been approved by the Plan- ning Commission 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. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(f)). • • A- P D I S T R I C T Chapter 20.31 A -P DISTRICT Sections: Pagge 71 A -P DISTRICT Chapter 20.31 20.31.010 Effect of Chapter. 20.31.015 Uses Permitted. 20.31.020 Uses Requiring Use Permit. 20.31.025 Building Height and Floor Area Limit. 20.31.030 Site Area. 20.31.035 Yards. 20.31.040 Extensions Into Yards. 20.31.050 Automobile Storage or Parking Space. 20.31.055 Requirements for Off- Street Parking. 20.31.065 Plans and Drawings for Commercial District. • 20.31.010 EFFECT OF CHAPTER. The following regula- tions apply in all A -P Districts and shall be subject to the provisions of Chapter 20.30. (Ord. 1170 § 5 (part); July 25, 1966). 20.31.015 USES PERMITTED. The following uses shall be permitted in A -P Districts. (a) Professional offices, business offices, banks, conservatories of art and music, art studios, art galleries, community centers, social halls, lodges and clubs, medical centers, physical, medical and diagnostic laboratories, photography studios, pharmacies for dispensing of drugs and medical supplies only, and other uses which in the opinion of the Planning Commission are of a similar nature. (b) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. • (c) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. Page 72 A -P DISTRICT Chapter 20.31 (d) One non - flashing sign appurtenant to any use and not over 35 square feet in area for each side (if two sides are used). (Ord. 1170 § 5 (part); July 25, 1966) . 20.31.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to first securing a use permit in each case: (a) Dance studios, restaurants, outdoor restaurants, retail sales and interior decorating studios. (b) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts. 20.31.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an A -P District shall not exceed two times the buildable area of said site; provided, however, that floor area devoted to parking within a building shall not be considered in determin- ing the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 1454 § 11, September 11, 1972: prior Ord. 1170 § 5 (part); July 25, 1960). 20.31.030 SITE AREA. The building site area required shall be a minimum of 2,000 square feet. The minimum building site frontage required shall be 25 feet. (Ord. 1170 § 5 (part); July 25, 1966). 20.31.035 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 15 feet; provided, however, that where the frontage in a block is partially in an R District the front yard shall be not less than that required in such R District. B. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 5 feet. Rear yards abutting on alleys shall have a minimum width of 10 feet. (Ord. 1170 § 5 (part); July 25, 1966). ' 20.31.040 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. Page 73 A -P DISTRICT Chapter 20.31 • 20.31.050 AUTOMOBILE PARKING AND STORAGE SPACE. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. 20.31.055 REQUIREMENTS FOR OFF- STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. 20.31.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. • 0 • • • C- N D I S T R I C T Chapter 20.32 C -N DISTRICT Sections: Page 74 C -N DISTRICT Chapter 20.32 20.32.010 Effect of Chapter. 20.32.015 Uses Permitted. 20.32.020 Uses Requiring Use Permit. 20.32.025 Building Height and Floor Area Limit. 20.32.030 Site Area. 20.32.035 Yards. 20.32.040 Extensions Into Yards. 20.32.050 Automobile Storage or Parking Space. 20.32.055 Requirements for Off- Street Parking. 20.32.065 Plans and Drawings for Commercial Districts. 20.32.010 EFFECT OF CHAPTER. The following regulations shall apply in all C -N Districts, subject to the provisions of Chapter 20.30. (Ord. 845 (part), 1958: 1949 Code § 9103.480). 20.32.015 USES PERMITTED. The following uses shall be permitted in C -N Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores and personal service establishments 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, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (c) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. • • 1 0 (e) One non - flashing use and not over (if two sides are Ord. 845 (part), 1623 § 4, 1975). Page 75 C -N DISTRICT Chapter 20.32 sign appurtenant to any permitted 35 square feet in area for each side used). (Ord. 1016 (part), 1962: 1958: 1949 Code § 9103.481: Ord. 20.32.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Gasoline service stations, drive -in facilities, restaurants and outdoor restaurants. (b) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls Commercial Districts. (c) Non - flashing signs in excess of 35 square feet in area; non - flashing signs not appurtenant to any permitted use. 20.32.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in a C -N District shall not exceed two times the buildable area of said site; provided, however, that floor area devoted to parking within a building shall not be considered in deter- mining the total floor area allowed; and provided, further, that in no event shall any building exceed the height specified in Chapter 20.02. (Ord. 1454 § 12, 1972: prior Ord. 974 (part), 1961: Ord. 845 (part), 1958: 1949 Code § 9103.482). 20.32.030 SITE AREA. The shall be a minimum of 2,000 square frontage required shall be 25 feet. Ord. 845 (part), 1958: 1949 Code § building site area required feet. Minimum building site (Ord. 974 (part), 1961: 9103.483). 20.32.035 YARDS. Front yards shall have a minimum width of 15 feet; provided, however, that where the frontage in a block is partially in an R District, the front yard shall be not less than that required in such R District. (Ord. 974 (part), 1961: Ord. 845 (part), 1958: 1949 Code § 9103.484). 20.32.040 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. Page 76 C -N DISTRICT Chapter 20.32 E 20.32.050 AUTOMOBILE PARKING AND STORAGE SPACE. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. 20.32.055 REQUIREMENTS FOR OFF- STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. 20.32.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. • Is • Page 77 C -R DISTRICT Chapter 20.33 C O M M E R C I A L- R E S I D E N T I A L D I S T R I C T — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Sections: Chapter 20.33 COMMERCIAL- RESIDENTIAL DISTRICT 20.33.010 Intent and Purpose. 20.33.015 Effect of Chapter. 20.33.020 Permitted Uses. 20.33.025 Uses Requiring Use Permit. 20.33.030 Development Standards. 20.33.035 Extensions Into Yards. 20.33.045 Requirements for Off- Street Parking. 20.33.050 Plans and Drawings for Commercial Districts. 20.33.010 INTENT AND PURPOSE. The purpose of these regulations is to provide for a mixture of commercial and • residential uses and to establish proper development standards to ensure the harmonious mixture of such uses. The intent of the District is to allow residential uses in conjunction with commercial uses within a single development. It is not the intent of this District to allow uses which are purely residential in nature. (Ord. 1529 § 1 (part), 1973). 20.33.015 EFFECT OF CHAPTER. The following regula- tions shall apply in all C -R Districts, subject to the provisions of Chapter 20.30. (Ord. 1529 § 1 (part), 1973). 20.33.020 PERMITTED USES. In the C -R District the following uses shall be permitted. (a) Commercial uses limited to retail or personal service es tab IIshments, handicraft establishments, professional offices and other uses which, in the opinion of the Planning Commission, are of a similar nature. (b) Residential uses only in conjunction with permitted commercial uses. (c) Accessory uses normally incidental to commercial and residential developments, where such uses do not alter • the character of the premises in respect to their use for purposes permitted in the district. (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. Page 78 C -R DISTRICT Chapter 20.33 (e) Signs. 1. Commercial Uses: For commercial uses, signs appurtenant to any use shall be permitted, provided that the total square footage of signs on any structure shall not exceed one (1) square foot for each lineal foot of building frontage. 2. Residential Uses: For residential uses, the following signs shall be permitted: One unlighted sign, not exceeding two (2) square feet in area, to advertise the lease, rental or sale of the property upon which it is located. Such sign may show only the name, address and telephone number of the owner, but shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of said property. (Ord. 1556 § 1, 1974: Ord. 1529 § 1 (part), 1973). 20.33.025 USES REQUIRING USE PERMIT. The following ' uses shall be permitted subject to the securing of a use permit in each case. (a) Restaurants, outdoor restaurants, and outdoor sales. (b) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts. 20.33.030 DEVELOPMENT STANDARDS. A. DENSITY. (1) The total gross floor area exclusive of parking area in all structures on any site shall be limited to 1.5 times the buildable area. (2) Mixed development. The commercial portion shall be limited to a Floor Area Ratio of 1.0, and the residen- tial development shall be limited to one residential unit for each 2,000 square feet of lot area. B. LOCATION OF COMMERCIAL PORTION. In mixed development, the commercial shall be limited to the ground floor. ' C. HEIGHT. The height shall be as specified in the 26135 Foot Height Limitation Zone. J Page 79 C -R DISTRICT Chapter 20.33 0. YARDS. (1) Front Yard. No front yard shall be required for the commercial portion of any structure. A ten -foot front yard setback shall be required for the residential portion of any structure. (2) Side Yard. No side yard shall be required. (3) Rear Yard. A rear yard of ten feet shall be required. E. PARKING - COMMERCIAL PORTION. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. F. PARKING - RESIDENTIAL PORTION. Accessible storage or parking space for the parking of automobiles off the street shall be provided as follows: (1) Not less than two garage spaces for each single - family dwelling. (2) Not less than one garage space for each family unit in any duplex, triplex or dwelling group of four or less family units. (3) Not less than one garage space for each two guest rooms in any rooming house. (4) Not less than one garage space for each of the first four family units, and two off - street parking spaces, one of which must be a garage space, for each additional family unit, in any dwelling group of more than four family units. 20.33.035 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. 20.33,045 REQUIREMENTS FOR OFF- STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. 20.33.050 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. • • • C- 0 D I S T R I C T Chapter 20.34 C -0 DISTRICT Sections: Page 80 C -0 DISTRICT Chapter 20.34 20.34.010 Effect of Chapter. 20.34.015 Uses Permitted. 20.34.020 Uses Requiring Use Permit. 20.34.025 Building Height and Floor Area Limit. 20.34.030 Site Area. 20.34.035 Yards. 20.34.040 Extensions Into Yards. 20.34.050 Automobile Storage or parking Space - Residential Uses. 20.34.055 Automobile Storage or Parking Space - Commercial Uses. 20.34.060 Requirements for Off- Street Parking. 20.34.065 Plans and Drawings for Commercial Districts. 20.34.010 EFFECT OF CHAPTER. The following regula- tions shall apply in all C -0 Districts, subject to the provi- sions of Chapter 20.30. (Ord. 913 (part), 1960: 1949 Code § 9103.490). 20.34.015 USES PERMITTED. The following uses shall be permitted in C -0 Districts: (a) Multiple dwellings or apartment houses, hotels, motels, professional offices, clubs. (b) Retail sales, and wholesale sales when combined with retail sales of a similar nature; storage therefor shall be within a building, except for boats. (c) Accessory uses normally incidental to uses permitted in the district. (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. (e) Signs appurtenant to any permitted use. (Ord. 913 (part), 1960: 1949 Code § 9103.491: Ord. 1623 § 6, 1975). Page 81 C -0 DISTRICT Chapter 20.34 • 20.34.030 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Light manufacturing, including repair of boats, and other uses which in the opinion of the Planning Commission are of similar nature. (b) Gasoline service stations, drive -in facilities, restaurants and outdoor restaurants. (c) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts. (d) Signs, other than those appurtenant to any permitted use. (Ord. 1505 § 5, 1973: Ord. 1380 § 3, 1971: Ord. 1016 (part), 1962: Ord. 913 (part), 1960: 1949 Code § 9103.492: Ord. 1623 § 7, 1975). • 20.34.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in the C -0 District shall not exceed three times the build- able area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 1454 § 13, September 11, 1972: prior Ord. 974 (part), 1961: Ord. 913 (part), 1960: 1949 Code § 9103.493'). 20.34.030 SITE AREA. A. GENERAL. The Building Site Area required shall be a minimum of 2,000 square feet. Minimum building site frontage shall be 25 feet. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, the minimum lot area shall be 800 square feet. C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel or motel, the minimum lot area shall be 300 square feet. (Ord. 974 (part), 1961: Ord. 913 (part), 1960: 1949 Code § 9103.494). 20.34.035 YARDS. A. FRONT YARDS. Except as may be indicated on the Districting Maps, no front yards shall be • required; provided, however, that where the frontage in a block is partially in an R District, the front yard shall be the same as required in such R District. C7 Page 82 C -0 DISTRICT Chapter 20.34 B. SIDE YARDS. For buildings in excess of three stories in height, which are designed exclusively for uses other than residential, there shall be a side yard on each side of the building, beginning with the fourth story, of not less than five feet. The side yards shall be increased in width a distance equal to two percent of the average width of lot for each story in excess of four. In no event, however, shall a side yard of more than 25 feet be required. For buildings designed to be used in whole or in part for residential purposes, there shall be a side yard on each side of the building, beginning with the first story used in whole or in part for residential purposes, of not less than five feet, increasing in width thereafter a distance equal to two percent of the average width of the lot for each story above the first story used for residential purposes. In no event, however, shall a side yard of more than 25 feet be required. Where the side of a lot abuts the side line of a lot in an R District, the aforementioned requirements shall apply for the side yard abutting the R District at the ground level for all buildings. • C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than five feet. Rear yards abutting on alleys shall have a minimum width of ten feet. (Ord. 1052 (part), 1963: Ord. 913 (part), 1960: 1949 Code S 9103.495). 20.34.040 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. 20.34.050 AUTOMOBILE STORAGE OR PARKING SPACE - RESIDENTIAL USES. Accessible storage or parking space for the parking of automobiles off the street shall be provided as follows: (a) Not less than one garage space for each two guest rooms in any rooming house. (b) Not less than one garage space for each of the first four family units, and two off - street parking spaces, one of which must be a garage space for each additional family unit, in any dwelling group of more than four family units. • 20.34.055 AUTOMOBILE STORAGE OR PARKING SPACE - COMMERCIAL USES. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. 20.34.060 REQUIREMENTS Regulations are as specified in Controls - Commercial Districts. Page 83 C -0 DISTRICT Chapter 20.34 FOR OFF- STREET PARKING. Section 20.30.045 of General 20.34.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. • C- 1 D I S T R I C T Chapter 20.35 C -1 DISTRICT Sections: Page 84 C -1 DISTRICT Chapter 20.35 20.35.010 Effect of Chapter. 20.35.015 Uses Permitted. 20.35.020 Uses Requiring Use Permit. 20.35.025 Building Height and Floor Area Limit. 20.35.030 Site Area. 20.35.035 Yards. 20.35.040 Extensions Into Yards. 20.35.045 Dwellings in C -1 Districts - Yards. 20.35.050 Automobile Storage or Parking Space. 20.35.055 Requirements for Off- Street Parking. 20.35.060 Plans and Drawings for Commercial Districts. • 20.35.010 EFFECT OF CHAPTER. The following regula- tions shall apply in all C -1 Districts, subject to the pro- visions of Chapter 20.30. (Ord. 635 (part), 1950: 1949 Code 5 9103.5). 20.35.015 USES PERMITTED. The following uses shall be permitted in C -1 Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores and personal service establishments 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, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (c) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use • for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. • Page 85 C -1 DISTRICT Chapter 20.35 (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. (e) Signs appurtenant to any permitted use. (Ord. 1016 (part), 1962: Ord. 635 (part), 1950: 1949 Code § 9103.51: Ord. 1623 § 8, 1975). 20.35.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Animal hospitals, auto sales and repair shops, boat sales, gasoline service stations, marine service stations, cleaning establishments, laundries, launder- ettes, mortuaries, outdoor markets, restaurants, outdoor drive -in and take -out restaurants, drive -in facilities, wholesale stores, outdoor sales establishments, pet shops, public garages, trailer courts, theaters, used car sales lots, and other uses which in the opinion of the Planning Commission are of a similar nature. • (b) Handicraft enterprises, including the manufacturing 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) Hotels, motels, boarding houses and residential uses. (d) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls Commercial Districts. (e) Signs, other than those appurtenant to any permitted use, including billboards. (Ord. 1505 § 6, 1973: Ord. 1380 § 4, 1971: Ord. 1016 (part), 1962: Ord. 635 (part), 1950: 1949 Code § 9103.52: Ord. 1623 § 99 1975). 20.35.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a buildable site in a C -1 District shall not exceed two times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining • the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 1454 § 14, 1972: prior Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code § 9103.53). Page 86 C -1 DISTRICT Chapter 20.35 20.35.030 SITE AREA. The Building Site Area required shall be a minimum of 2,000 square feet. Minimum building site frontage required shall be 25 feet. (Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code 5 9103.54). 20.35.035 YARDS. A. FRONT YARDS. No front yard shall be required, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R District. B. SIDE YARDS. No side yards shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 5 feet. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 5 feet. Rear yards abutting alleys shall have a minimum width of 10 feet. D. RESIDENTIAL USES. Yard requirements for residential uses • shall be established by Use Permit procedure. (Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code 5 9103.55). 20.35.040 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. 20.35.045 DWELLINGS IN C -1 DISTRICTS - YARDS. Every building or portion thereof which is designed or used for any dwelling purpose in any C -1 District shall comply with the requirements of such appropriate residential district as is determined by the use to which such C -1 District property is being put, provided, however, that when the entire ground floor of any such building is used for any commercial purpose, the yard provisions specified for such C -1 District may be applied to the ground floor only. 20.35.050 AUTOMOBILE PARKING AND STORAGE SPACE. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. 20.35.055 REQUIREMENTS FOR OFF- STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. 20.35.060 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. • Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. • • C- 2 D I S T R I C T Chapter 20.36 C -2 DISTRICT Sections: Page 87 C -2 DISTRICT Chapter 20.36 20.36.010 Effect of Chapter. 20.36.015 Intent and Purpose - Conditions. 20.36.020 Uses Permitted. 20.36.025 Uses Requiring Use Permit. 20.36.030 Building Height Limit. 20.36.035 Site Area. 20.36.040 Yards. 20.36.045 Extensions Into Yards. 20.36.050 Dwellings in C -2 Districts - Yards. 20.36.055 Automobile Storage or Parking Space. 20.36.060 Requirements for Off- Street Parking. 20.36.065 Plans and Drawings for Commercial Districts. 20.36.010 EFFECT OF CHAPTER. The following regula- tions shall apply in all C -2 Districts, subject to the provi- sions of Chapter 20.30. (Ord. 635 (part), 1960: 1949 Code 9103.6). 20.36.015 INTENT AND PURPOSE - CONDITIONS. Uses permitted in the C -2 District shall be planned, 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 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. 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. (Ord. 845 (part), 1958: 1949 Code 4 9103.60). 20.36.020 USES PERMITTED. The following uses shall be permitted in the C -2 Districts: • (a) Professional offices; community centers; social halls and clubs. • Page 88 C -2 DISTRICT Chapter 20.36 (b) Retail stores; wholesale stores; wholesale bakeries; research laboratories and institutes; laundries; and storage within a building. (c) The following uses, when conducted within a building or enclosed by a solid board or masonry fence at least six feet in height in each case: Creameries; bottling works; building material yards; contractors yards; fuel yards; machine shops; storage of goods and materials; and other uses which in the opinion of the Planning Commission are of a similar nature. (d) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (e) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. • (f) Signs appurtenant to any permitted use. (Ord. 1152 (part), 1966: Ord. 901 (part), 1959: Ord. 635 (part) 1949 Code § 9103.61). 20.36.025 USES REQUIRING USE PERMIT. Uses permitted, subject to first securing a Use Permit in each case: (a) Dry cleaning plants, lumber yards, light manufactur- ing, including the manufacture and repair of boats, clothing, novelties and toys, gasoline service stations, drive -in facilities, restaurants, outdoor, drive -in and take -out restaurants, and uses which in the opinion of the Planning Commission are of a similar nature. (b) Hotels, motels, residential uses, trailer courts, and houseboat marinas. (c) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls Commercial Districts. (d) Signs, other than those appurtenant to any permitted use. (Ord. 1505 § 7, 1973: Ord. 1380 § 5, 1971: Ord. 1152 (part), 1966: Ord. 1037 (part), 1963: Ord. 635 (part), 1950: 1949 Code 1 9103.62). Page 89 C -2 DISTRICT Chapter 20.36 20.36.030 BUILDING HEIGHT LIMIT. The building height limit shall be as specified in Chapter 20.02. (Ord. 1454 § 15, September 11, 1972: prior Ord. 635 (part), 1950: 1949 Code § 9103.63). 20.36.035 SITE AREA. The Building Site Area required for each main building shall be a minimum of 2,000 square feet. Minimum building site frontage shall be 25 feet. (Ord. 635 (part), 1950: 1949 Code § 9103.64). 20.36.040 YARDS. A. FRONT YARDS. No front yards shall be required, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R District. B. SIDE YARDS. No side yards shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 3 feet. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District in which case the rear yard shall be not less than 3 feet. • Rear yards abutting on alleys shall have a minimum width of 10 feet. D. RESIDENTIAL USES. Yard requirements for residential uses shall be established by Use Permit procedure. (Ord. 901 (part), 1959: Ord. 635 (part), 1950: 1949 Code § 9103.65). 20.36.045 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. 20.36.050 DWELLINGS IN C -2 DISTRICTS - YARDS. Every building or portion thereof which is designed or used for any dwelling purpose in any C -2 District shall comply with the requirements of such appropriate residential district as is determined by the use to which such C -2 District property is being put, provided, however, that when the entire ground floor of any such building is used for any commercial purpose, the yard provisions specified for such C -2 District may be applied to the ground floor only. 20.36.055 AUTOMOBILE PARKING AND STORAGE SPACE. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. • 20.36.060 REQUIREMENTS FOR OFF- STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. • • • Page 90 C -2 DISTRICT Chapter 20.36 20.36.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. u • Chapters: 20.40 20.41 20.42 PART IV: INDUSTRIAL DISTRICTS General Controls - Industrial Districts M -1 District M -1 -A District Ll • G E N E R A L C O N T R O L S - - — — — — — — — — — — — — — — — I — — — — — — — — — — — — — — — — — — S — Chapter 20.40 GENERAL CONTROLS - INDUSTRIAL DISTRICTS Sections: Page 91 GENERAL CONTROLS INDUSTRIAL Chapter 20.40 20.40.010 Effect of Chapter. 20.40.015 Temporary Structures and Uses. 20.40.020 Uses Requiring Use Permit. 20.40.030 Requirements for Off- Street Parking. 20.40.035 Plans and Drawings for "M" Districts 20.40.010 EFFECT OF CHAPTER. The general controls contained in this Chapter shall apply to all developments in Industrial Districts. 20.40.015 TEMPORARY STRUCTURES AND USES. A. INTENT AND PURPOSE. The intent and purpose of this Section is to establish procedures whereby the Director of Community Develop- ment or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The Director of Community Development may authorize the temporary use of structures and land in any Industrial District for a period of time not to exceed 90 days. Prior to approving said temporary use the Director of Community Development shall inform the Planning Commission of his intent to permit said use and shall take whatever steps or precautions are necessary to assure that said use will be consistent with the purpose and intent of this Section and that said land or building will be restored at such time as the use is terminated. C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The • Planning Commission may authorize the temporary use of structures and land in any Industrial District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving said use permit the Planning Commission may impose Page 92 GENERAL CONTROLS INDUSTRIAL • Chapter 20.40 whatever conditions they deem necessary to assure that the purpose and intent of this Section is carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. D. TEMPORARY REAL ESTATE SIGNS AND STRUCTURES. The Director of Community Development may approve temporary signs and tempor- ary tract and sales offices for 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. E. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above. (Ord. 1591 § 1, 1974; 1949 Code § 9105.10) added by Ord. 1130; 1965) . 20.40.020 USES REQUIRING USE PERMIT. The following • uses shall be permitted in any industrial district subject to the securing of a Use Permit: (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public and quasi - public buildings, senior citizen housing facilities (where residency is limited to elderly persons), and munici- pally- operated parking lots. (c) Parking automobiles on roofs. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any M District unless a Use Permit shall first have been secured for the establishment, • maintenance, and operation of such use. The Community Development Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major Page 93 GENERAL CONTROLS INDUSTRIAL • Chapter 20.40 construction sites if he determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 1446; June 26, 1972). 20.40.030 REQUIREMENTS FOR OFF- STREET PARKING A. APPLICABILITY. The requirements of this Section and any off - street parking standards adopted by the City Council shall apply to the following: (1) All off - street parking lots and areas hereafter developed which are required by this Title. is (2) All parking lots which are hereafter permitted subject to first securing a use permit. (3) All parking lots and parking areas which are hereafter required by the Planning Commission as a condition of granting a use permit. Such off - street parking standards shall be adopted by resolution and shall show minimum dimensions of parking spaces and aisles, requirements for entrances and exits, and requirements for markings and other devices deemed necessary to protect patrons, the traffic on adjoining streets and alleys, and property owners in the vicinity. B. BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin property in an R -1 or R -2 District, a wall shall be constructed along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of disturbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of • which must be of solid masonry construction. C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Community Development Director for approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set Page 94 GENERAL CONTROLS INDUSTRIAL • Chapter 20.40 forth in this Section and in the off - street parking standards. If the proposed parking lot or parking area as shown on the plot plan meet the requirements, the Director shall endorse his written approval on the plan and retain a copy thereof. If the proposed plot plan does not meet the requirements of this Section, the Director shall return the plan to the applicant, together with a written statement setting forth the deficiencies in the plan, within ten calendar days after the submission of the plan to the Director. The parking lot or parking area shall be developed and maintained in accordance with the plan as approved. D. VARIANCE. Where the size, shape, location, or topography of the proposed parking lot or parking area make compliance with the requirements of this Section impractical and will result in hardship, the Planning Commission, upon application, may waive such requirements of this Section and the off- street parking standards as are necessary to permit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detri- mental to surrounding property. (1949 Code § 9105.51 added by Ord. 1031; March 25, 1963). • 20.40.035 PLANS AND DRAWINGS FOR "M" DISTRICTS. A. In case an application is made for a permit for any building or structure in any M District, the application shall be accom- panied by architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building, or structure and proposed landscape or other treatment 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 Commis- sion in an endeavor to provide that such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the City, or not to impair the desirability of investment or occupation in the neighborhood. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(a)). B. ARCHITECTURAL COMMITTEE - APPOINTMENT AND MEMBERSHIP. The Planning Commission may appoint an Architectural Committee of three members, who may be employees in the following departments: Department of Community Development and City Engineer. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(b)). C. AUTHORITY OF ARCHITECTURAL COMMITTEE - STANDARDS. The Architectural Committee shall have authority to approve architec- tural sketches within the meaning of Section 20.40.035(A.), but 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 Designated in Title 20 of the Municipal Code of the City of Newport Beach," Page 95 GENERAL CONTROLS INDUSTRIAL • Chapter 20.40 shall be approved by the Planning Commission and the City Council, and shall be on file in the Department of Community Development. The drawings shall show desirable architectural standards, but are not designs which must be copied in order to secure approval of plans. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(c)). D. APPEAL FROM ARCHITECTURAL COMMITTEE ACTION. In case the applicant is not satisfied with the decision of the Architectural Committee, he may within thirty days after such action appeal in writing to the Planning Commission. The Architectural Committee may, if it deems advisable, refer any application for architec- tural approval to the Planning Commission for its decision. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(d)). E. APPEAL FROM PLANNING COMMISSION ACTION. In case the applicant is not satisfied with the action of the Planning Commission, he may within twenty -one (21) days appeal in writing to the City Council and the Council shall render its decision within thirty (30) days after the filing of such appeal. (Ord. 1415 § 1, 1971: Ord. 845, 1958: Ord. 635, 1950:1949 Code § 9105.6 (e)). F. APPROVAL OF PLANS REQUISITE TO PERMIT ISSUANCE. No permit • shall be issued in any case as provided in Section 20.40.035 (A. until such drawings and sketches have been approved by the Plan- ning Commission or by the City Council in the event of appeal from the Planning Commission, and all buildings, structures and rounds shall be in accordance with the drawings and sketches. Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(f)). • is • • M- 1 D I S T R I C T Chapter 20.41 M -1 DISTRICT Sections: Page 96 M -1 DISTRICT Chapter 20.41 20.41.010 Effect of Chapter. 20.41.015 Intent and Purpose. 20.41.020 Uses Permitted. 20.41.025 Uses Requiring Use Permit. 20.41.030 Prohibited Uses. 20.41.035 Building Height and Floor Area Limit. 20.41.040 Yards. 20.41.050 Requirements for Off- Street Parking. 20.41.055 Dwellings in "M" Districts - Yards. 20.41.060 Plans and Drawings for "M" Districts. 20.41.010 EFFECT OF CHAPTER. The following regulations shall apply in all M -1 Districts, subject to the provisions of Chapter 20.40. (Ord. 635 (part), 1950: 1949 Code § 9103.7). 20.41.015 INTENT AND PURPOSE - CONDITIONS. Uses permitted in the M -1 District shall be planned, 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 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. 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. (Ord. 845 (part), 1958: 1949 Code § 9103.70). 20.41.020 USES PERMITTED. The following uses shall be permitted in the M -1 Districts: (a) Wholesale bakeries; creameries; bottling works; building material yards; contractors yards; fuel yards; machine shops; lumber yards; building and repair of boats; research laboratories and insti- tutes; instrument manufacturing; fabrication of plastic products; furniture upholstering; storage, Page 97 M -1 DISTRICT Chapter 20.41 • including storage of cement and lime incidental to a retail or wholesale business; manufacturing uses; and any other uses which, in the opinion of the Planning Commission are of similar nature, but under the same limitations and restrictions specified in sections governing same. (b) Accessory uses and buildings where such uses or build- ings are incidental to and do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (c) Temporary structures and uses. Regulations are as specified in Section 20.40.015 of General Controls - Industrial Districts. (d) Signs appurtenant to any permitted use. (Ord. 1441 § 1, 1972: prior Ord. 1152 (part), 1966: Ord. 635 (part), 1950: 1949 Code § 9103.71). 20.41.025 USES REQUIRING USE PERMIT. The following • uses shall be permitted subject to the securing of a use permit in each case: (a) Gasoline service stations; houseboat marinas; and fish smoking, curing or freezing. (b) Professional offices, restaurants, outdoor, drive -in and take -out restaurants. (c) Commercial uses including but not limited to retail and wholesale stores; cartography; bookbinding; printing; lithography; editorial and designing; laundries; dry cleaning plants; and any other uses which in the opinion of the Planning Commission are of a similar nature; provided, however, that the following exceptions shall apply to structures and uses which are in existence on the effective date of this section: 1. The lawful use of land or buildings in the M -1 District which do not meet the requirements of this subsection may be continued or changed to a use which would require the same or less on -site parking according to the standards established in Section 20.30.035 without compliance with the • requirements of this subsection. Page 98 M -1 DISTRICT Chapter 20.41 2. Any existing structure may be repaired, altered or remodeled, without complying with the require- ments of this subsection. 3. Any existing structure or use may be enlarged by not more than 10% of its original gross area in any one year period without complying with the requirements of this subsection. (d) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.40.020 of General Controls - Industrial Districts. (e) Signs, other than those appurtenant to any permitted use, including billboards. (Ord. 1505 § 8, 1973: Ord. 1441 § 2, 1972: prior Ord. 1380 § 6, 1971: Ord. 1152 (part), 1965: Ord. 1037 (part), 1963: Ord. 635 (part), 1950: 1949 Code § 9103.72). 20.4T.030 PROHIBITED USES. The following uses are • prohibited in M -1 Districts: Autowrecking, 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, disposal, incineration or reduction or garbage, sewage, offal, dead animals or refuse, fat rendering; manufacture or storage of acid, cement, explosives, fireworks, fertilizer, glue, gypsum, lime, plaster of paris or asphalt, stockyard or slaugh- ter 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 mills, foundaries, tanneries, and all other uses which in the opinion of the Planning Commission are of similar nature or may be objectionable, as provided by Section 20.41.015. (Ord. 845 (part), 1958: Ord. 635 (part), 1950: 1949 Code § 9103.73). 20.41.035 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an M -1 District shall not exceed three times the build- able area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed the height • limit specified in Chapter 20.02. (Ord. 1454 § 17, September 11, 1972: prior Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code § 9103.74). Page 99 M -1 DISTRICT Chapter 20.41 • 20.41.040 YARDS. A. FRONT YARD. No front yard shall be required, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R District. B. SIDE YARD. No side yard shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 5 feet. C. REAR YARD. No rear yard shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 10 feet wide. Rear yards abutting on alleys shall have a minimum of 10 feet. (Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code 4 9103.75). 20.41.050 REQUIREMENTS FOR OFF- STREET PARKING. Regulations are as specified in Section 20.40.030 of General Controls - Industrial Districts. 20.41.055 DWELLINGS IN "M" DISTRICTS - YARDS. Every building or portion thereof which is designed or used for any is dwelling purpose in any "M" District shall comply with the require- ments of such appropriate residential district as is determined by the use to which such "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 for such "M" District may be applied to the ground floor only. 20.41.060 PLANS AND DRAWINGS FOR "M" DISTRICTS. Regulations are as specified in Section 20.40.035 of General Controls - Industrial Districts. • • is M- 1- A D I S T R I C T Chapter 20.42 M -1 -A DISTRICT Sections: Page 100 M -1 -A DISTRICT Chapter 20.42 20.42.010 Effect of Chapter. 20.42.015 Intent and Purpose. 20.42.020 Uses Permitted. 20.42.025 Uses Requiring Use Permit. 20.42.030 Floor Area. 20.42.035 Site Area. 20.42.040 Yards. 20.42.045 Off- Street Parking. 20.42.050 Manufacturing and Storage Areas. 20.42.055 Street Right -of -Way. 20.42.060 Requirements for Off- Street Parking. 20.42.065 Dwellings in "M" District - Yards. 20.42.070 Plans and Drawings for "M" Districts 20.42.010 EFFECT OF CHAPTER. The following regula- tions shall apply in all M -1 -A Districts and shall be subject to the provisions of Chapter 20.40. Except that where conflict in regulations occur, the regulations specified in this Chapter shall apply. (Ord. 804 (part), 1956: 1949 Code § 9103.9 (part)). 20.42.015 INTENT AND PURPOSE. A. ESTABLISHMENT. M -1 -A Districts may be established in area where it is deemed desirable to provide for limited manufacturing facilities of a design and type which will enhance the area and not be detrimental to surrounding property or the City. Uses permitted in the M -1 -A District shall be planned, developed, conducted 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 or water to meet the standards or requirements of the Planning Commission and in such a manner as to eliminate any detrimental effect to the public health, safety and welfare and be in harmony with the objectives of the general planning. B. CONDITIONS. The Planning Commission may designate such • conditions as it deems necessary to fulfill the purpose of this Chapter and may require such guarantee and evidence that such conditions are being or will be complied with. (Ord. 804 (part), 1956: 1949 Code 9 9103.9(A,B)). is Page 101 M -1 -A DISTRICT Chapter 20.42 20.42.020 USES PERMITTED. The following uses shall be permitted in M -1 -A Districts: (a) Administrative and professional offices; residences for watchmen or custodians employed on site; employees cafeterias or auditoriums; research laboratories and institutes; wholesale stores; machine shops; light manufacturing; furniture upholstering; electrical and electronic products and instruments manufacturing; cartography; bookbinding; printing and lithography; fabrication of plastic products; storage warehouse, excluding inflammable materials and truck terminals; editorial and designing. (b) Accessory uses and buildings where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (c) Temporary structures and uses. Regulations are as specified in Section 20.40.015 of General Controls - • Industrial Districts. (d) Signs appurtenant to any permitted use, located on property of use. (Ord. 1152 (part), 1966: Ord. 901 (part), 1959: Ord. 804 (part), 1956: 1949 Code 5 9103.91). 20.42.025 USES REQUIRING USE PERMIT. The following uses shall be permitted, subject to the securing of a Use Permit in each case: (a) Furniture manufacturing, assembling and construction of paper products with finished paper stock, garment manufacturing, building and repairing of boats within a building, laundry and dry cleaning plants, gasoline service stations, drive -in facilities, manufacture of novelties, toys and small appliances, building material yards, contractors yards, restaurants, outdoor, drive - in, and take -out restaurants, medical and dental offices and clinics, other uses which in the opinion of the Planning Commission are comparable and similar in character with the above uses. (b) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, • removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.40.020 of General Controls Industrial Districts. i Page 102 M -1 -A DISTRICT Chapter 20.42 20.42.030 FLOOR AREA. The total gross floor area contained in all buildings on a building site in an M -1 -A District shall not exceed three times the buildable area of the site; provided, however, that floor area devoted to park- ing within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 1454 § 18, September 11, 1972: rior Ord. 974 (part), 1961: Ord. 804 (part), 1956: 1949 Code 9103.93). 20.42.035 SITE AREA. The buildin site area required shall be a minimum of 10,000 square feet. ?Ord. 974 (part), 1961: Ord. 804 (part), 1956: 1949 Code § 9103.94). 20.42.040 YARDS. A. SETBACK. A minimum setback of 15 feet from any street or highway property line shall be required. B. FRONT YARDS. A front yard area adjacent to the front pro- perty line and extending across the property from the side lines 15 feet deep, measured from the front property line, shall be provided. The property front yard area shall be • appropriately landscaped and maintained except for area required for walkways and driveways for ingress and egress to the pro- perty. The walkways and driveways shall not use more than forty percent (40 %) of this front yard area. C. SIDE YARDS. Building sites fronting on one street and having a side property line adjacent to a side street shall provide a yard area 15 feet wide, measured from the side pro- perty line and extending from the front property line to the rear property line. The side yard shall be appropriately landscaped and maintained except for areas required for walk- ways and driveways for ingress and egress to the property. The walkways and driveways shall not use more than forty percent (40 %) of this side yard area. D. ZONE SEPARATION AREA. In cases where a street or alley does not exist to separate this zone from any other more restrictive zone, a zone separation area 10 feet wide and extending the entire distance the zones adjoin each other shall be provided. The zone separation area shall be appro- priately landscaped and maintained. (Ord. 804 (part), 1956: 1949 Code 5 9103.95). 20.42.045 OFF- STREET PARKING. Off- street parking and loading on the building site shall be required in M -1 -A Districts according to the following formula: (a) A minimum of one parking space shall be provided for each 350 square feet of gross floor area in any building. Page 103 M -1 -A DISTRICT Chapter 20.42 (b) Location and layout of off - street parking shall be approved by the Architectural Control Committee. (c) All loading and unloading operations and parking of trucks shall be provided for and performed on the premises. (1949 Code 4 9103.96 added by Ord. 804; November 13, 1956 as amended by Ord. 1025; January 28, 1963). 20.42.050 MANUFACTURING AND STORAGE AREAS. All manufacturing and fabrication operations shall be conducted within buildings. All equipment and material storage areas shall be screened by solid walls, fences, or by adequate plantings of not less than 6 feet in height. (1949 Code S 9103.97 added by Ord. 804; November 13, 1956). 20.42.055 STREET RIGHT -OF -NAY. All dedicated streets within or bordering this M -1 -A District shall have a minimum right -of -way 60 feet in width. (1949 Code § 9103.98 added by Ord. 804; November 13, 1956). 20.42.060 REQUIREMENTS FOR OFF- STREET PARKING. Regulations are as specified in Section 20.40.030 of General ' Controls - Industrial Districts. 20.42.065 DWELLINGS IN "M" DISTRICTS - YARDS. Every building or portion thereof which is designed or used for any dwelling purpose in any M -1 -A District shall comply with the requirements of such appropriate residential district as is determined by the use to which such M -1 -A 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 for such M -1 -A District may be applied to the ground floor only. 20.42.070 PLANS AND DRAWINGS FOR "M" DISTRICTS. Regulations are as specified in Section 20.40.035 of General Controls - Industrial Districts. • • PART V: SPECIAL PLANNING DISTRICTS Chapters: 20.50 Planned Residential Development 20.51 Planned Community District 20.52 Open Space District 20.53 "U" District • • is P L A N N E D Sections: R R R I D R R T i L L Chapter 20.50 Page 104 PLANNED RESIDENTIAL DEVELOPMENT Chapter 20.50 QEVEQQEtIfI PLANNED RESIDENTIAL DEVELOPMENT 20. 50.010 20. 50.020 20. 50.030 20. 50.040 20. 50.050 20.50.060 20.50.070 20.50.080 20. 50.090 20. 50.100 20.50.110 20.50.120 20.50.130 20.50.140 20.50.150 20. 50.160 20. 50.170 Intent and Purpose. Use Permit Required. Application for Permit. Application Contents. Relocation of Structures in Land Area Required. Dwelling and Uses Permitted. Perimeter of Public Streets Conformance to Master Plan. Maximum Building Coverage. Common Area. Partial Waiver. Minimum Land Area Per Dwelling Unit. Minimum Floor Area. Building Height. Yards and Open Spaces. Off- Street Parking. Reports from Fire and Public Works Departments. Conformance Requisite to Building Permit Issuance. 20.50.010 INTENT AND PURPOSE. A planned residential development is a development planned and designed as a unit to produce an environment of stable, desirable character not out of harmony with its surrounding neighborhood and which meets standards of density, open space, light and air, pedestrian and vehicular access, and traffic circulation similar to the regulations of this Title for the R Districts in which such develo ment is to be located. (Ord. 955, 1961: 1949 Code § 9108. 1. 20.50.020 USE PERMIT REQUIRED. Planned residential developments may be permitted in any R District when a Use Permit is first secured for each such development. Such Use Permit shall be subject to the regulations and requirements of this Chapter and notwithstanding the provisions of Chapter 20.10 shall be processed in accordance with the terms of this section. (1949 Code ! 9108.2(a) added by Ord. 955; April 10, 1961). Page 105 PLANNED RESIDENTIAL DEVELOPMENT • Chapter 20.50 20.50.030 APPLICATION FOR PERMIT. A. FEE. Any application for a Use Permit under the provisions of this chapter shall be accompanied by a fee of Seven Hundred Fifty Dollars ($750). B. PROCESSING. Such application shall be processed by the Planning Commission and transmitted to the City Council with a recommendation for its approval or disapproval and by any conditions the Planning Commission feels should be imposed. The City Council may approve, disapprove or refer the same back to the Planning Commission for further processing. Any such permit is subject to the final approval of the City Council. (1949 Code § 9108.2(b,c) added by Ord. 935 and amended by Ord. 1272; September 10, 1968). 20.50.040 APPLICATION CONTENTS. An application for a planned residential development shall be in the form of an application for Use Permit and shall be accompanied by the following information, maps and plans: (a) A boundary survey map of the real property; a tentative subdivision map may be substituted if • the applicant proposes to subdivide the property. (b) Topography of the development area and the proposed finished grade shown in contour intervals of not to exceed 2 feet upon request of the Planning Department. (c) The gross land area of the development, the present zoning classification thereof, and the zoning classi- fication and land use of the area surrounding the proposed development, including the location of structures and other improvements. (d) A general development plan with at least the follow- ing details shown to scale and dimensioned: 1. Location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building and floor areas, approximate location of entrances and loading points thereof. 2. All streets, curb cuts, driving lanes, parking areas, loading areas, public transportation points, and illumination facilities for the • same. 3. All pedestrian walks, malls and open areas for the use of occupants and members of the public. Page 106 PLANNED RESIDENTIAL DEVELOPMENT • Chapter 20.50 4. Location and height of all walls, fences and screen planting, including a detailed plan for the landscaping of the development and the method by which such landscaping is to be accomplished. 5. Types of surfacing, such as paving, turfing or gravel to be used at the various locations. 6. A grading plan of the area. (e) Plans and elevations of one or more structures to indicate architectural type and construction standards. (f) A verified petition for a change in zoning classi- fication in accordance with Section 20.84.020, if such change in zoning classification is required to make such development conform to the Master Plan. (g) Such other information as may be required by the City to assist in the consideration of the proposed • development. (1949 Code 9 9108.13 added by Ord. 955; April 10, 1961). 20.50.050 RELOCATION OF STRUCTURES IN COMMON AREA. After final approval of any Use Permit for a planned residential development by the City Council, the Community Development Director shall be authorized to approve the relocation of fences, walls, swimming pools, community buildings, utility buildings and facil- ities, and off - street parking areas located within an open space or recreational lot provided for the use and benefit of the family dwelling units in the development. (1949 Code S 9108.131 added by Ord. 1114; January 26, 1965). 20.50.060 LAND AREA REQUIRED. A planned residential development shall have sufficient land area to meet the objectives set forth in Section 20.50.010. (1949 Code § 9108.3 added by Ord. 955; April 10, 1961). 20.50.070 DWELLING AND USES PERMITTED. A. R -1 DISTRICT. Only single - family dwellings, and accessory uses and buildings normally incidental thereto, shall be permitted in an R -1 District. B. R -2 DISTRICT. Only single - family dwellings, two- family or duplex dwellings, or any combination thereof, and accessory uses and buildings normally incidental thereto, shall be • permitted in R -2 Districts. Page 107 PLANNED RESIDENTIAL • DEVELOPMENT Chapter 20.50 C. R -3 and R -4 DISTRICTS. Only single - family dwellings, two - family or duplex dwellings, multiple or apartment dwellings, or any combination thereof as approved by the Planning Commis- sion, and accessory uses and buildings normally incidental thereto, shall be permitted in an R -3 or R -4 District. D. INSTITUTIONS AND SOCIAL ACTIVITIES. Community centers, social halls, lodges, clubs, private recreational centers, churches, schools, yacht clubs, and parks and playgrounds may be permitted in a planned residential development in any R district. All uses or buildings other than those specified herein shall be prohibited. (1949 Code § 9108.4 added by Ord. 955; April 10, 1961). 20.50.080 PERIMETER OF PUBLIC STREETS - PARTIAL WAIVER. A planned residential development shall be bounded on all sides by public streets. A partial waiver of this requirement may be permitted when it is found and determined that such partial waiver will not be inconsistent with adequate standards of pedestrian and vehicular access and traffic circulation for the development and for the • area in which the development is located. (1949 Code § 9108.5 added by Ord. 955; April 10, 1961). 20.50.090 CONFORMANCE TO MASTER PLAN. All planned residential developments shall conform to the Master Plan of the City of Newport Beach, and no such development shall be approved unless such development does conform to the Master Plan. (1949 Code § 9108.6 added by Ord. 955; April 10, 1961). 20.50.100 MAXIMUM BUILDING COVERAGE. The maximum building coverage for the development shall not exceed forty percent (40 %) of the land area being developed, exclusive of land area being set aside for the rights -of -way of public or private streets and alleys. (1949 Code § 9108.7 added by Ord. 635; December 12, 1950 as amended by Ord. 1001; May 14, 1962). 20.50.110 MINIMUM LAND AREA PER DWELLING UNIT. The minimum land area for each family dwelling unit, exclusive of land area being set aside for the rights -of -way of public or private streets and alleys, shall be not less than that required for the district or districts in which such develop- ment is to be located. (1949 Code § 9108.8 added by Ord. 635; December 12, 1950 as amended by Ord. 1001; May 14, 1962). • 20.50.120 MINIMUM FLOOR AREA. There shall be a minimum floor living area of 1,000 square feet for each family dwelling unit in an R -1 or R -2 District, and there shall be a minimum floor living area of 600 square feet for each family Page 108 PLANNED RESIDENTIAL DEVELOPMENT Chapter 20.50 dwelling unit in an R -3 or R -4 District. Garage space shall not be included in measuring this requirement. (1949 Code § 9108.9 added by Ord. 955; April 10, 1961). 20.50.130 BUILDING HEIGHT. The maximum building heights shall be designated in the Use Permit, but shall in no event exceed the building height limits specified in Chapter 20.02. (Ord. 1454 § 21, September 11, 1972: prior 1949 Code § 9108.10 added by Ord. 955; April 10, 1961). 20.50.140 YARDS AND OPEN SPACES. The front and rear yards and open spaces between buildings shall be designated in the Use Permit. (1949 Code § 9108.11 added by Ord. 955; April 10, 1961). 20.50.150 OFF - STREET PARKING. The off - street parking requirements for each such development shall be as follows: (a) Two covered parking spaces for each family dwelling unit in the development. (b) There shall also be required for the use of visitors • and guests at least two additional parking spaces for each family dwelling unit in the development. Such parking spaces may be uncovered and shall be so located as to-be accessible to such visitors and guests. This requirement for additional parking for visitors and guests shall be waived to the extent that the Planning Commission determines that there is an equivalent number of parking spaces available to serve the project when on- street parking spaces and parking spaces in private driveways are taken into consideration. (c) The required parking spaces or any portion thereof may be grouped when it is found and determined that such grouping or parking spaces and the location thereof will be accessible and useful in connection with the proposed dwelling units in the development. (1949 Code § 9108.12 added by Ord. 635; December 12, 1960 as amended by Ord. 1114; January 25, 1965). 20.50.160 REPORTS FROM FIRE AND PUBLIC WORKS DEPART- MENTS. The application and accompanying information, maps, and plans shall be submitted to the Fire Department and Public Works Department and written recommendations in connection therewith shall be supplied by those departments before final • action is taken on such development. (1949 Code § 9108.14 added by Ord. 955; April 10, 1961). Page 109 PLANNED RESIDENTIP DEVELOPMENT Chapter 20.50 20.50.170 CONFORMANCE REQUISITE TO BUILDING PERMIT ISSUANCE. The Department of Community Development shall insure that a planned residential development is undertaken and completed in conformance with the approved plans and the terms and conditions of the Use Permit for such development. No building permit shall be issued for any construction or develop- ment which does not conform to such plans, terms, and conditions. (1949 Code 4 9105.15 added by Ord. 955; April 10, 1961). • • P L A N N E D Sections: C O M M U N I T Y Chapter 20.51 Page 110 PLANNED COMMUNITY DISTRICT Chapter 20.51 D I S T R I C T PLANNED COMMUNITY DISTRICT 20.51.010 Effect of Chapter. 20.51.015 Intent and Purpose. 20.51.020 General Requirements. 20.51.025 Uses Permitted. 20.51.027 Uses Requiring Use Permit. 20.51.030 Temporary Structures and Uses. 20.51.035 Application Procedure. 20.51.040 Development Plan. 20.51.045 Amendments to Development Plan. 20.51.050 Commencement of Construction. 20.51.055 Application for Use Permit Development. 20.51.060 Conformance Requisite to Building Permit Issuance. 20.51.010 EFFECT OF CHAPTER. The following specific regulations shall apply in all P -C Districts, subject to the provisions and exceptions of Chapters 20.10, 20.30, and 20.40. Where conflict in provisions occurs the regulations specified in this Chapter or in the Development Plan or plans approved pursuant to this Chapter shall apply. (Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1 (part), 1968). 2D.51.015 INTENT AND PURPOSE. The purpose of these regulations is to provide for the classification and develop- ment of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large -scale community planning. The regulations of this district are intended to allow diversi- fication of land uses as they relate to each other in a physical and environmental arrangement while insuring substantial compli- ance with the spirit, intent and provisions of this Code. This district is designed to include various types of land uses, such as single- family residential developments, multiple housing • developments, professional and administrative areas, commercial centers, industrial parks or any public or quasi - public use or combination of uses, through the adoption of a Development Plan and text materials which set forth land use relationships and development standards. (Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1 (part), 1968). Pa 111 PLRNNED COMMUNITY DISTRICT ' Chapter 20.51 20.51.020 GENERAL REQUIREMENTS. The following pro- visions shall apply to all P -C Districts: (a) The entire parcel for which an application for classi- fication of land to P -C is filed must be within one ownership, or the application must be made by or with the written authorization for such action on behalf of all property owners concerned, unless such action is initiated by the City. (b) P -C Districts shall be established, amended or removed from the Districting Map of the City of Newport Beach in the manner prescribed in Chapter 20.84, as amended, and subject to appeal procedures as prescribed in Chapter 20.85, as amended. (c) An application for a zone change to permit the establish- ment of a P -C District pursuant to the provisions of Chapter 20.84 of this Code shall include and be accompanied by a Development Plan for the entire pro- perty, as prescribed by Sections 20.51.060 and 20.51.070 of this Code; or an application may be initiated by either the City Council or the Planning Commission, and may be processed without a Development Plan, provided ' that said plan shall be subsequently prepared, as pre- scribed by Sections 20.51.050 and 20.51.060 of this Code, and shall be adopted as prescribed in Chapter 20.84 of this Code prior to the issuance of any permits for development, expansion or redevelopment. (d) If ambiguity exists as to the specific dimensions or extent of any designated area on the Development Plan, the specific boundaries shall be set by the filing of a legal description and map of the parcel proposed for development in conjunction with the filing for construction permits. (e) The Community Development Director, after reviewing the application for a P -C District, shall determine if a use permit application will be required for any part of the application to be processed under the Development Plan. (f) In order to meet the objectives set forth in Section 20.51.015 of this Code, an application for a planned community district shall contain a minimum of twenty - five (25) acres of unimproved land area or ten (10) acres of improved land area. 'Improved land area' as used within this section shall mean parcels of land with permanent structures affixed thereto, said improvements ' occupying a land area amounting to ten percent (10 %) of the total acreage of the planned community at the time of application for zone change, excluding therefrom areas of public works or improvements and public rights- • • Page 112 PLANNED DISTRICT Chapter COMMUNITY 20.51 of -way. This section shall not be deemed to require the continued use of any structures or improvements existing at the time of application for zone change. The minimum acreage requirement as set forth in this paragraph may be waived by written application to the Planning Commission and approval thereof prior to the consideration of the application for a zone change. (Ord. 1551 § 1, 1974: prior Ord. 1523 6 1 (part), 1973: Ord. 1240 § 1 (part), 1968). 20.51.025 USES PERMITTED. The following use of land shall be permitted in P -C Districts: (a) Those land uses permitted by the City's General Plan at or below a density or intensity prescribed by the General Plan. (b) Grading shall be permitted within a P -C District outside of a sector of immediate development subject to the securing of a grading permit. (c) The continuation of land uses, including agricultural, which existed in the district at the time of adoption of the Development Plan, except as otherwise provided herein. Existing land uses shall either be incorporated as part of the Development Plan or shall terminate in accordance with a specific abatement schedule submitted and approved as part of the Development Plan. Existing land uses which are prohibited by any provisions of Title 20 of this Code shall be terminated prior to final approval of the Development Plan. (d) Where existing land uses have Use Permit prior to the adopt said uses are to be retained, or subsequently amended shall Development Plan. (Ord. 1523 Ord. 1240 § 1 (part), 1968). been established by a ion of a P -C District and the Use Permit as approved constitute the required § 1 (part), 1973: prior 20.51.027 USES REQUIRING USE PERMIT. The following uses shall be permitted in any P -C District subject to the securing of a Use Permit. (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public and quasi - public • • • Page 113 PLANNED COMMUNITY DISTRICT Chapter 20.51 buildings, senior citizens housing facilities (where residency is limited to elderly persons), and municipally- operated parking lots. (c) Parking automobiles on roofs. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be establish- ed in any P -C District unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The Community Development Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 1446, June 26, 1972). 20.51.030 TEMPORARY STRUCTURES AND USES. A. Intent and Pur o_se�. The intent and purpose of this section is to establish procedures whereby the Director of Community Develop- ment or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. Page 114 PLANNED COMMUNITY DISTRICT Chapter 20.51 • B. Tem orar Uses and Structures Not to Exceed 90 Days. The Director o Community Development may authorize the temporary use of structures and land in any Planned Community District for a period of time not to exceed 90 days. Prior to approving said temporary use the Director of Community Development shall inform the Planning Commission of his intent to permit said use and shall take whatever steps or precautions are necessary to assure that said use will be consistent with the purpose and intent of this section and that said land or building will be restored as such time as the use is terminated. C. Temporary Uses and Structures in Excess of 90 Days. The Planning Commission may authorize the temporary use of struc- tures and land in any Planned Community District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving said use permit the Planning Commission may impose whatever conditions they deem necessary to assure that the purpose and intent of this section is carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. D. Tem orar Real Estate Signs and Structures. The Director of Commun ty Deve opment may approve temporary signs and tem- porary tract and sales offices for 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. E. Extensions of Time for Temporary Uses and Structures. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above. (Ord. 1591 § 1, 1974: 1949 Code § 9105.1(j) added by Ord. 1130; 1965). 20.51.035 APPLICATION PROCEDURE. At least sixty (60) days prior to filing an application for classification of land to a P -C District, or the adoption of a Development Plan, all information shall be submitted to the Community Development Director for review and recommendation. The Community Develop- ment Director shall ascertain if the proposal complies with the requirements of this Chapter and if the form and content is sufficient to establish or amend a P -C District. The Community Development Director shall advise the applicant of the suf- ficiency or insufficiency of the proposal in order that the application, when filed, may be complete and may correspond to the General Plan of the City. • PLANNEDSCOMMUNITY DISTRICT • Chapter 20.51 Upon determination by the Community Development Director that the application is sufficient as to form and content and meets the requirements set forth in this Chapter, it may be filed, after which it shall be set for public hearing before the Planning Commission. Said application shall be accompanied by a filing fee of Seven Hundred Fifty Dollars ($750.). When a Development Plan is filed in conjunction with a P -C District for which no previous Development Plan has been adopted, said Development Plan shall also be accompanied by a filing fee of Seven Hundred Fifty Dollars ($750.). Any subsequent amendment to the Development Plan, or previously approved use permit which constitutes the Development Plan, shall be accompanied by a filing fee of Two Hundred Dollars ($200.). Such application shall be processed by the Planning Commission and transmitted to the City Council with any condi- tions the Planning Commission determines should be imposed. (Ord. 1523 § 1 (part), 1973: prior Ord. 1272 § 6, 1968: Ord. 1240 9 1 (part), 1968). 20.51.040 DEVELOPMENT PLAN. The Development Plan of a proposed P -C District shall consist of maps, plans, reports, schedules, development standards and schematic drawings and such other documents deemed necessary by the Community Development • Director in accordance with the requirements herein set forth: (a) The Development Plan shall be submitted in a form approved by the Community Development Director. (b) Development of sectors within the P -C District may be permitted subject to one of the following or any combination thereof as set forth in the Development Plan: 1. The uses and requirements of any of the zoning districts established by Title 20 of the Newport Beach Municipal Code, as amended. 2. The uses and standards of development set forth in the Development Plan. When additional or supplemental maps, plans, reports, schedules, development standards and schematic drawings, and such other documents are not presented for the total project, sections may be approved separately by plan review or use permit as may be required by the Planning Commission. 3. Approval of a use permit by the Planning Commission prior to development. (c) The Development Plan and any amendment thereto shall include the following: •I. The type and character of buildings or structures and the number of dwelling units per gross acre proposed for each residential area. Page 116 PLANNED COMMUNITY DISTRICT • Chapter 20.51 2. A statement of the standards of population density for the various proposed residential land uses. 3. The general location of school sites, recreational areas and other public and quasi - public sites and the approximate area of each. 4. The general location of major thoroughfares co- ordinated with the City of Newport Beach Master Street and Highway Plan and the Orange County Master Plan of Arterial Highways. (d) The Development Plan and any amendment thereto shall be accompanied by the following: 1. A general land use map, setting forth the proposed uses of all sectors within the subject property and the approximate acreage of each. 2. An accompanying text setting forth the land use regulations which constitute the standards of development designed to govern those sectors specified in the Development Plan. Said standards shall contain definitions and information concern- is ing requirements for building site coverage, build- ing heights, building line designations, off - street parking, vehicular access, signing, lighting, storage, screening and landscaping, and any other information which the Community Development Director shall require to insure substantial compliance with the intent of this Chapter. 3• A topographic map and conceptual grading plan of the property. 4. A preliminary report and overall plan describing proposed provisions for storm drainage, sewage disposal, water supply and such other public improvements and utilities as the Public Works Director may require. 5. A written statement of standards as they relate to the allocation of land within the Development Plan to all proposed types of land use. (e) The City Council may approve, disapprove or refer the same back to the Planning Commission for further process- ing. Any such plan is subject to the final approval of the City Council. (Ord. 1523 § 1 (part), 1973: prior Ord. • 1240 § 1 (part), 1968). Page 117 PLANNED COMMUNITY DISTRICT • Chapter 20.51 20.51.045 AMENDMENTS TO DEVELOPMENT PLAN. All develop- ment within the P -C District shall substantially comply with the Development Plan and the City's General Plan as approved and adopt- ed by the City Council. To assure that development remains consistent with the General Plan and with the various elements, statements, population densities and standards which constitute said General Plan, the City Council or the Planning Commission may from time to time review and, if necessary, initiate amendments to the Development Plan to assure such consistency. Any proposed amendment to the Development Plan as originally approved and adopted by the City Council shall be accomplished in the following manner: (a) The Planning Commission shall hold at least one (1) public hearing before approving or disapproving an amendment to any part or element of the Development Plan. Notice of the time and place of the hearing shall be given as prescribed in Section 20.84.030. (b) The Planning Commission may approve, approve with modifications or disapprove a proposed amendment to any • part or element of the Development Plan. The approval of the Planning Commission shall be signified by the adoption of a resolution endorsed by the Chairman and Secretary of the Commission. Said resolution shall contain the findings and recommendations of the Commission and shall be forwarded to the City Council no later than forty -five (45) days after the first published notice of the Planning Commission hearing, unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission to take action on the proposed amendment or failure to report within the time limit shall be deemed to be approval of the proposed amendment by the Planning Commission. (c) If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within twenty -one (21) days after such disapproval. (d) Following receipt of the Planning Commission resolution approving the proposed amendment to any part or element of the Development Plan, the City Council shall hold at least one (1) public hearing on the proposed amendment • before taking any action thereon. Notice of the time and place of the hearing shall be given as pre- scribed in Section 20.84.030. • • J After the conclusion Council may adopt or or any part thereof, deem to be advisable, back to the Planning recommendation. of such hearing, the reject the proposed in such form as the or the Council may Commission for furth Pa a 118 PLANNED COMMUNITY DISTRICT Chapter 20.51 City amendment, Council may refer the matter er study and (e) No amendment to any part or element of the Development Plan shall be deemed final until approved by the City Council by adoption of a resolution setting forth full particulars of the amendment. (Ord. 1551 § 2, 1974: prior Ord. 1523 § 1 (part), 1973: Ord. 1415 § 5, 1971: Ord. 1240 § 1 (part), 1968). 20.51.050 COMMENCEMENT OF CONSTRUCTION. Building construction shall not be commenced unless and until one of the following alternatives has occurred: (a) There has been recorded a final subdivision map for any specific portion of the district designated on the Development Plan as subject to the regulations of other zoning districts established by Title 20 of this Code. Said subdivision shall comply with the provisions of Title 19 of this Code, as amended, and the State Subdivision Map Act. (b) Standards of development have been approved on the Development Plan for the specific sector proposed for development. (c) The Planning Commission has granted a use permit for any specific development. (Ord. 1523 1 1 (part), 1973: prior Ord. 1240 § 1 (part), 1968). 20.51.055 APPLICATION FOR USE PERMIT DEVELOPMENT. Where a use permit is required pursuant to Section 20.51.020(e) or 20.51.040(b)(3) of this Code, an application shall include the following documents and materials submitted in such quantities as determined by the Community Development Director: (a) A map showing the location of the project in relation to the approved Development Plan. (b) Topographic map and preliminary grading plan of the property showing the proposed method of adapting the development to the site. (c) Legal description or boundary survey of the property. (d) General location, grades, widths and types of improve- ments proposed for all streets, and general plan of water, sewer and drainage systems. J PLANNED9COMMUNITY DISTRICT Chapter 20.51 (e) Preliminary concept or design drawings indicating proposed walkways, driveways and service areas. (f) General location and number of residential units, if any, for each proposed structure. (9) General location and design of automobile parking areas. (h) Preliminary landscaping concept plan. (i) Location of public or quasi - public buildings or areas, including, but not limited to, schools, recreation facilities, parking and service areas, if any. (j) At the discretion of the Community Development Director, preliminary elevations of structures or a written description indicating architectural theme or type of development. (k) Irrevocable offers to dedicate those areas shown on the Plan as public property. (1) Method by which the property could be divided for the sale or lease of individual parcels. (m) Method by which open space areas are to be perpetually maintained. (n) Other plans or information the Community Development Director determines to be necessary to insure substan- tial compliance with the intent of this Chapter. (Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1 (part), 1968). 20.51.060 CONFORMANCE REQUISITE TO BUILDING PERMIT ISSUANCE. The Community Development Department shall insure that a P -C District development is undertaken and completed in con- formance with the approved building plans and the terms and conditions of the Development Plan or use permit for such develop- ment. No building permit shall be issued for any construction or development which does not conform to such plans, terms and conditions. (Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1 (part), 1968). • Sections: O P E N S P A C E D I S T R I C T Chapter 20.52 Open Space District Page 120 OS DISTRICT Chapter 20.52 20.52.010 Intent and Purpose. 20.52.020 Effect of Chapter. 20.52.030 Establishment of OS Districts. 20.52.040 Uses Permitted. 20.52.050 Uses Requiring Use Permit. 20.52.060 Site Area. 20.52.070 Building Height. 20.52.010 INTENT AND PURPOSE. The OS District is • intended to prohibit intensive urban development of those areas of the City which are subject to hazards of flood, erosion, geologic instability, earthquake faulting, and fires; to assure permanent open space in and for public parks, beaches, and recreation areas, marine and wildlife preserves, land preserves, watershed areas, spreading grounds, and settl- ing basins wherein development would adversely affect public use and natural environmental benefits; and to allow for the temporary preservation of agricultural and natural areas. (Ord. 1485 4 1 (part), January 22, 1973). 20.52.020 EFFECT OF CHAPTER. All sections of this Title shall be subject to the provisions of this Chapter. (Ord. 1485 5 1 (part), January 22, 1913). 20.52.030 ESTABLISHMENT OF OS DISTRICTS. Land may be placed in the OS District under the following conditions: (a) Where land is in public ownership and in use as: 1. Public parks, schools, paseos, playgrounds, beaches, marine and wildlife preserves. 2. Drainage or flood control channels, creeks, rivers, or other water courses, watersheds, • reservoirs. 3. Power transmission easements, or other public utility corridors. Page 121 OS DISTRICT Chapter 20.52 (b) Where land is in public ownership and intended for future use as: 1. Public parks, schools, paseos, playgrounds, beaches, marine and wildlife preserves. 2. Public harbors or marinas. (c) Public or privately owned land when the use of said land would endanger the public health, safety or general welfare including: 1. Areas where natural topography may be too steep to build upon and /or where the grading or develop- ment of the land would endanger public health or safety due to unstable geologic conditions, erosion or flooding. 2. Areas subject to severe seismic hazards, including surface ruptures from faulting, ground shaking and soil liquefaction. 3. Areas subject to flooding or inundation from storm water or tidal movements. 4. Areas under airport takeoff and approach patterns. 5. Other privately owned land at the request of the owner(s). (d) Privately owned land upon formal agreement between the owner(s) and the City: 1. Private parks, schools, paseos, playgrounds, greenbelts, beaches, marinas, yacht clubs, mooring facilities, and marine and wildlife preserves. 2, Areas of unique natural beauty (natural landforms, prominent features, landscapes, natural vistas), available to public access and views. 3. Private golf courses, tennis clubs, aquatic parks, and cemeteries. (e) Private owned land upon formal agreement for a specific period of time between the owner(s) and the City: 1. Land which is in agricultural or horticultural use. 2. Land which is substantially in its natural state. Page 122 OS DISTRICT is Chapter 20.52 3. Land which is of particular historic, cultural, or scientific value. (Ord. 1485 § 1 (part), January 22, 1973). 20.52.040 USES PERMITTED. The following uses shall be permitted in the OS Districts. (a) Privately owned or public open recreation areas, parks, schools, paseos, playgrounds, beaches, marine and wildlife preserves, and such buildings and struc- tures as related thereto, but permitting no commercial recreational uses where an admission fee is charged, except as permitted under Section 20.52.050 of this Chapter. (b) Agricultural and horticultural uses and such build- ings and structures as related thereto subject to the provisions of Section 20.52.050 of this Chapter. (c) Public bicycle routes, hiking trails, and other pedestrian ways. • (d) Public Parking. (e) Drainage channels, water courses, spreading grounds, settling basins. (Ord. 1485 § 1 (part), January 22, 1973). 20.52.050 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a Use Permit in each case: (a) Residential structures for a watchman or caretaker and his family. (b) Commercial recreational facilities and uses of an open nature, such as golf courses or aquatic parks, where an admission or use fee or club membership fee is charged. (Ord. 1485 § 1 (part), January 22, 1973). 20.52.060 SITE AREA. No lot area of less than one (1) acre, except may permit a smaller lot or may rezone OS -Open Space District upon the findin will provide for an open area which is public or a grou of property owners. January 22, 1973. shall be created with an that the City Council a smaller lot to the g that such smaller lot to be used by the general (Ord. 1485 § 1 (part), is 20.52.070 BUILDING HEIGHT. The building height limit shall be as specified in Chapter 20.02. (Ord. 1485 § 1 (part), January 22, 1973). • Sections: 20. 53.010 20.53.020 20. 53.030 U D I S T R I C T Chapter 20.53 DISTRICT Effect of Chapter. Uses Permitted. Building Height Limit Page 123 U DISTRICT Chapter 20.53 Site Area - Yards. 20.53.010 EFFECT OF CHAPTER. The following regula- tions shall apply in all unclassified or U Districts. U Districts shall include all of the incorporated area within the City not precisely zoned or included in any zone or district as provided • for under the zoning code of the City of Newport Beach. (1949 Code § 9103.8 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.53.020 USES PERMITTED. The following uses shall be permitted in U Districts: All uses not otherwise prohibited by law; provided, that a Use Permit shall first be secured for any use to be established in any U District, except authorized piers. (1949 Code § 9103.81 added by Ord. 635; December 12, 1950) 20.53.030 BUILDING HEIGHT LIMIT - SITE AREA - YARDS. Building height limits, building site area required and yards required shall be as specified in the Use Permit; provided, however, that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 1454 § 19, September 11, 1972: prior 1949 Code § 9103.82 added by Ord. 635; December 12, 1950). • • • Chapters: 20.60 20.61 PART VI: SPECIFIC AREA PLANS Specific Plan District Newport Shores Specific Area Plan Page 124 SP DISTRICT Chapter 20.60 • S P E C I F I C P L A N D I S T R I C T Chapter 20.60 SPECIFIC PLAN DISTRICT Sections: 20.60.010 Authority and Scope. 20.60.020 Effect of Chapter. 20.60.030 "SP" Combining District - Uses Permitted and Development Standards. 20.60.040 "SP" Individual District - Uses Permitted and Development Standards. 20.60.050 Adoption or Amendment of Specific Plans and Application of the "SP" District. 20.60.010 AUTHORITY AND SCOPE. The Planning Commis- sion may, or if so directed by the City Council shall, prepare • specific plans based on the general plan and drafts of such regulations, programs, and legislation as may in its judgment be required for the systematic execution of the general plan and the Planning Commission may recommend such plans and measures to the City Council for adoption according to the provisions of California Government Code Sections 65450 through 65550 which are incorporated herein by this reference as if fully set forth. Such specific plans may include: (a) Regulations limiting the location of buildings and other improvements with respect to existing or planned rights -of -way. (b) Regulations of the use of land and buildings, the height and bulk of buildings, and the open spaces about buildings. (c) Street and highway naming and numbering plans in order to establish the official names of streets and highways, to remove conflicts, duplication and uncertainty among such names, and to provide an orderly system for the numbering of buildings and properties. (d) Such other matters which will accomplish the purposes of this chapter, including procedure for the administration of • such regulations. (e) Such other measures as may be required to insure the execu- tion of the general plan. (Ord. 1500 § 1 (part), 1973). Page 125 SP DISTRICT Chapter 20.60 • 20.60.020 EFFECT OF CHAPTER. The following regula- tions shall apply to all property within a District where the District symbol is combined with the "SP" - Specific Plan Symbol and all property within the "SP" - Specific Plan Dist- rict, when applied as a separate district. In all cases the "SP" symbol shall be followed by a number to designate the Specific Plan (e.g.. SP1: Specific Plan Number 1) and the development that shall be permitted subject to provisions of the designated Specific Plan and the regulations of this chapter. (Ord. 1500 § 1 (part), 1973). 20.60.030 "SP" COMBINING DISTRICT - USES PERMITTED AND DEVELOPMENT STANDARDS. The "SP" symbol may be applied as a combining district (e.g., CNH -SP) where the Specific Plan regulations are intended to apply only to specific uses and development of land. In these cases, where the Specific Plan regulations may differ from the regulations of the base district, the regulations of the Specific Plan shall apply. (Ord. 1500 § 1 (part), 1973). 20.60.040 "SP" INDIVIDUAL DISTRICT - USES PERMITTED AND DEVELOPMENT STANDARDS. Any use or development of property within an "SP" District where the "SP" symbol is not combined with another District shall be in compliance with the regula- • tions of the referenced Specific Plan. (Ord. 1500 § 1 (part), 1973). 20.60.050 ADOPTION OR AMENDMENT OF SPECIFIC PLAN AND APPLICATION OF THE "SP" DISTRICT. Specific Plans shall be adopted and amended by ordinance pursuant to the provisions of Chapter 20.84 of this Code. (Ord. 1500 § 1 (part), 1973). • • • S P E C I F I C P L A N j N E W P 0 R T Sections: 20.61.010 20.61.020 20.61.030 20.61.040 20.61.050 20.61.060 Chapter 20.61 SPECIFIC PLAN (NEWPORT SHORES) Establishment of Specific Intent and Purpose. Private Land Development. Public Rights -of -Hay. Residential Development. Commercial Development. Page 126 SPECIFIC PLAN (NEWPORT SHORES) Chapter 20.61 S H 0 R E S I Plan (Newport Shores). 20.61.010 ESTABLISHMENT OF SPECIFIC PLAN (NEWPORT SHORES). The following described real property in the City of Newport Beach, County of Orange, State of California, to wit: Lots 1 and 2, Block D; Lots 1 through 6, Block E; Lots through 5, Block F; Lot 1, Block G; El Moro Tract, recorded in Miscellaneous Maps, Book 8, Page 75; Lots 4, 5, 6, and 7, Block 159; Lots 4 through 17, Block 160; River Section, recorded in Miscellaneous Maps, Book 4, Page 25; Lots 3 through 14, Block Lots 3 through 24, Block Lots 3 through 14, Block Lots 3 through 14, Block Lots 3 through 14, Block Lots 3 through 12, Block Lots 3 and 4, Block 13; Tract Addition, recorded Page 25; 1; 3; 5; 7; 9; 11 _ot in Lots 3 through 14, Block 2; Lots 3 through 14, Block 4; Lots 3 through 14, Block 6; Lots 3 through 14, Block 8; Lots 3 through 14, Block 10; Lots 3 through 6. Block 12; 3, Block 14; Seashore Colony Miscellaneous Maps, Book 7, Lots 1 through 5, Block 10; Tract No. 772, recorded in Miscellaneous Maps, Book 23, Pages 5 and 6; Vacated Olive Street north of West Coast Highway; Vacated Sonora Street north of West Coast Highway; Vacated alley between Olive and Sonora Streets (vacated) north of West Coast Highway; Vacated alley between Highland Street and Grant Street, north of West Coast Highway; Page 127 SPECIFIC PLAN (NEWPORT SHORES) • Chapter 20.61 Vacated alley between Highland Street and Nordina Street (vacated); Vacated Nordina Street north of West Coast Highway; Vacated alley between Prospect Street and 62nd Street, north of West Coast Highway and south of Newport Shores Drive; That area south of Superior Court Case No. 22797 located in Record of Survey, Book 27, Page 45, between Summit Street (vacated) and Highland Street (east side) extended, and as shown on Districting Map No. 1 referred to in Section 20.01.050 of the Newport Beach Municipal Code, and by such reference made a part of Title 20 of said Code, is hereby rezoned from the C -1 -H and R -2 Districts to SP 4- Specific Plan District, and said Districting Map No. 1 is hereby amended to show this zoning change. (Ord. 1497 § 1 (part), 1973). 20.61.020 INTENT AND PURPOSE. The intent and purpose • of this Ordinance is to establish a Specific Area Plan to guide the orderly development and improvement of that area of the City which is located on the north side of West Coast Highway and is generally bounded by the Santa Ana River, Seminiuk Slough and Newport Shores Drive. (Ord. 1497 § 1 (part), 1973). 20.61.030 PRIVATE LAND DEVELOPMENT. The following two general Land Use Designations are established: 1. Residential Development 2. Commercial Development The designations, locations, and boundaries of these uses are delineated upon the plan entitled, "Newport Shores Specific Area Plan - City of Newport Beach Specific Plan No. 4," which plan and all information and notations thereon are hereby made a part of this section by reference. Whenever a building or structure is erected, reconstructed or structurally altered in the subject area, all applicable sections of the Municipal Code shall prevail except where there is a conflict with this Ordinance, in which case the provisions of this Specific Area Plan shall take precedence. • Further, no building permit shall unless the property owner agrees ment of the existing and proposed within the property, as indicated in accordance with the standards (Ord. 1497 § 1 (part), 1973). be issued for any construction to the dedication and improve - rights -of -way adjacent to or on the Specific Area Plan and of the City of Newport Beach. Page 128 SPECIFIC PLAN (NEWPORT SHORES) • Chapter 20.61 20.61.040 PUBLIC RIGHTS -OF -WAY. As indicated on the Specific Area Plan map, it is intended that direct access to all local streets except Orange, Fern, Highland, Prospect, 61st, and 60th be removed and that a one -way street system be created on Colton, Grant, Lugonia, Walnut, and Cedar with connecting "frontage streets" between. These "frontage streets" shall be approximately 12 feet wide with a planting area adjacent to Coast Highway. All existing streets shall maintain their current right -of -way widths. A new interior street shall be provided with any redevelopment of the property west of Grant Street. This street shall have a minimum right -of -way width of 40 feet and shall be generally located as shown on the Specific Area Plan map. It is intended that 62nd Street and the alley between 62nd Street and 61st Street be vacated from Newport Shores Drive South to the Coast Highway, provided that agreement on the use of this right -of -way can be reached with the adjacent property owners. Signalization and signing shall be provided as • indicated on the Specific Area Plan map. (Ord. 1497 § 1 (part), 1973). 20.61.050 RESIDENTIAL DEVELOPMENT. It is the intent of this section to implement the recommendations of the Residential Growth Element of the General Plan which states that "a portion of the commercial strip on the West Coast Highway shall be rezoned to a two - family district that would include appropriate development standards. A. USES PERMITTED. Single family dwellings and duplexes. Accessory uses normally incidental to single residential uses. This is not to be construed as permitting any commercial uses. B. USES REQUIRING USE PERMIT. The following uses shall require a use permit: community centers, clubs, multiple dwellings, apartment dwellings, and dwelling groups containing three or more dwelling units. The Planning Commission before approving a use permit for any development containing three or more dwelling units shall find: 1. That the development will not be detrimental to or out of character with the surrounding development. 2. That the development does not exceed the density, height, and floor area limits established in this section. 3. That in addition to the basic outdoor living space requirement of ten percent of the buildable area, there will be additional outdoor living space. Page 129 SPECIFIC PLAN (NEWPORT SHORES) • Chapter 20.61 C. DENSITY LIMITATION. For each dwelling unit up to a maximum of two units, there shall be a minimum of twelve hundred (1200) square feet of lot area. For each dwelling unit in excess of two units, there shall be a minimum of fifteen hundred (1500) square feet provided that a use permit is first secured for any development in excess of two units. D. BUILDING HEIGHT AND FLOOR AREA LIMIT. BUILDING HEIGHT. For dwellings, the height limit shall be as specified in Section 20.02.030(A) of the Municipal Code. For accessory buildings the height limit shall be fifteen (15) feet. FLOOR AREA LIMIT. The total gross floor area, including basements, garages, and carports contained in all buildings on a building site shall not exceed twice the buildable area. E. OUTDOOR LIVING AREA. In addition to the required yards and • separations between detached buildings, there shall be provided an outdoor living area of at least ten percent of the buildable area equally distributed between each dwelling unit. Said area may be combined provided the combined area is accessible and available for the use of each dwelling. Said area shall have a minimum dimension of six (6) feet and may be in the form of open land area, a deck, a balcony, a porch or patio. Said area may be roofed but shall remain unenclosed on at least one side. In no event shall said area be placed on the roof of the second story. F. YARDS. FRONT YARDS. Front yards shall be a minimum of five (5) feet. SIDE YARDS. Each side yard shall not be less than three (3) feet wide on building sites forty (40) feet wide or less, or four (4) feet on sites wider than forty (40) feet; provided, that the side yard on the rear twenty (20) feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. 3. REAR YARDS. Rear yards shall be a minimum of five (5) feet. 4. BETWEEN DETACHED BUILDINGS. Minimum ten (10) feet. Page 130 SPECIFIC PLAN (NEWPORT SHORES) ' Chapter 20.61 5. SETBACK FROM COAST HIGHWAY. Structures designed for residential occupancy shall be located a minimum of eighteen (18) feet from the Coast Highway right -of- way. G. AUTOMOBILE STORAGE OR PARKING SPACE. For each dwelling unit there shall be a minimum of two covered parking spaces. On lots less than fifty (50) feet in width tandem parking shall be permitted provided that the forward space is an enclosed garage, and the rear space is unenclosed on at least three (3) sides. (Ord. 1497 5 1 (part), 1973). 20.61.060 COMMERCIAL DEVELOPMENT. It is the intent of this section to provide for a service commercial area that will provide convenience goods and services to nearby residences. A. USES PERMITTED. Retail stores and personal service establishments within a building, including appliance stores, bakeries (except wholesale), banks, barber shops, beauty parlors, book stores, drug stores, food shops, hardware stores, medical - dental offices, radio stores, restaurants, antique shops, shoe shops, studios, tailor shops, and other uses which ' in the opinion of the Planning Commission are of a similar nature. B. USES REQUIRING USE PERMIT. Gasoline service stations, hotels, motels, drive -in facilities, pet shops, animal hos- pitals, laundries, and laundrettes. C. BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a buildable site in commercial areas shall not exceed two times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determin- ing the total floor area allowed, and provided, further, that in no event shall any building exceed the height limit specified in Section 20.02.030(C) of the Municipal Code. D. SITE AREA. The Building Site Area required shall be a minimum of 2,000 square feet. Minimum building site frontage required shall be twenty -five (25) feet. E. YARDS. 1. FRONT YARD. No front yard shall be required except where the frontage in a block is partially in a Residential Development Area, in which case the front ' yard shall be the same as required in such Residential Development Area. 2. SIDE YARDS. No side yards shall be required except where the side of a lot abuts upon the side of a lot in a Residential Development Area, in which case the • is • Page 131 SPECIFIC PLAN (NEWPORT SHORES) Chapter 20.61 side yard shall be not less than five (5) feet. 3. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on a Residential Development Area, in which case the rear yard shall be not less than five (5) feet. Rear yards abutting alleys shall have a minimum width of ten (10) feet. F. AUTOMOBILE STORAGE OR PARKING SPACE. Accessible storage or space for the parking of automobiles off the street shall be provided as set forth in Chapter 20.30.035 of the Municipal Code. In addition ten percent of the paved parking area shall be devoted to planting areas. Extensive use of trees is encouraged. All planting areas shall have a minimum width of three (3) feet. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system and shall be separated from the adjoining vehicular way by a curb not less than six (6) inches in height. (Ord. 1497 § 1 (part), 1973). • NEWPORT SHORES SPECIFIC AREA PLAN CITY OF NEWPORT BEACH _ SPECIFIC PLAN NO. 4 JUNE 49 1973 PREPARED BY COMMUNITY DEVELOPMENT DEPARTMENT $ NIA ANA WER • COMMERCIAL O RESIDENTIAL LANDSCAPE BUFFER E„ s� oMt �� *` (1' / /II ® yNtA O A Z d ^ �s� ` �/ Z I n O i Q N NO llll 1NH� WEST $U \E nWER\Y Z m ti �NO �$IGNAIIIA \ION SEASHORE E==- =1 C 0 Z ?��' COAST ti N O C LNO OA\[IN6 l—.- - *-$IGN.agA110N I, �� tROIIR\Y EST O� HIOHWAY FRONT1 • • • PART VII: SPECIAL USE REGULATIONS Chapters: 20.70 Automobile Service Stations 20.71 Oil Wells 20.72 Drive -In and Outdoor Restaurants Page 132 AUTOMOBILE SERVICE STATIONS • Chapter 20.70 A U T O M O B I L E S E R V I C E S T A T I O N S — — — — — — — — — — — — — — — — — — Chapter 20.70 AUTOMOBILE SERVICE STATIONS Sections: 20. 70.010 Intent. 20.70.020 Definitions. 20.70.030 Use Permit Required. 20.70.040 Application Contents. 20.70.050 Activities and Operations Permitted. 20.70.060 Development Standards for New Service Stations. 20.70.070 Existing Structures and Uses 20.70.080 Discontinued Use. 20. 70.090 Appeal. • 20.70.010 INTENT. In order to promote and preserve the public health, safety, convenience, general welfare and general prosperity, it is the intent of this ordinance that automobile service stations shall not create increased ped- estrian and vehicular traffic hazards and shall not be detri- mental to the ordinary maintenance, development and redevelop- ment of the surrounding area as reflected by the General Plan, Zoning Regulations or specific plans approved by the City. (Ord. 1411 § 3 (part), 1972). 20.70.020 DEFINITIONS. As used in this chapter, the following terms shall have the meanings indicated: (a) Automobile Service Station - The term "Automobile Service Station" shall mean a retail place of business engaged in the sale of fuel and servicing of motor vehicles, including those activities and operations as specified in Section 20.70.050, but excluding major automobile repairs. (b) Major Automobile Repairs - The term "Major Automobile Repairs" shall mean any extensive work involving the disassembly and /or overhaul of the engine, clutch, transmission or differential. Also, body, frame and • fender repair, painting, welding, upholstery work, tire recapping, glass replacement or similar activities shall be considered as major repair work. (Ord. 1411 § 3 (part), 1972). Page 133 AUTOMOBILE SERVICE STATIONS • Chapter 20.70 20.70.030 USE PERMIT REQUIRED. Automobile service stations may be permitted in the C -N, C -0, C -1, C -2, M -1, M -1 -A and U Districts, subject to the requirement of a use permit for each development. The procedure governing the issuance of all use permits for such developments shall be governed by the provisions of this chapter and Chapter 20.80, entitled "PERMITS." (Ord. 1411 § 3 (part), 1972). 20.70.040 APPLICATION CONTENTS. An application for an automobile service station shall be in the form of a use permit application and shall be accompanied by the following information, maps and plans: (a) A plot plan of the property, drawn to scale, showing location of all buildings, canopies, on -site access and drives, pump islands, storage facilities, plant- ing areas, exterior lighting standards, signs, walls, parking spaces, enclosed trash areas, curb cuts and driveway approaches. (b) Elevations, drawn to scale, including all building and sign faces and materials, textures and colors. • (c) A grading plan, indicating how the property is to be graded and drained. (d) A landscape and irrigation plan showing the size, location and variety of plant materials to be used, including the botanical and common plant names of each, and the location, type and design of all irrigation systems. (e) Such other plans, drawings and information as the Director of Community Development reasonably may require. (Ord. 1411 § 3 (part), 1972). 20.70.050 ACTIVITIES AND OPERATIONS PERMITTED. Activities and operations shall be subject to the following restrictions: (a) In addition to the dispensing of gasoline, oil, air and water, the following operations are permitted uses when conducted entirely within an enclosed building without the use of an open flame and in such manner so as not to be a nuisance or of detriment to the occupants of adjacent properties: • I. Changing of engine oil and filters. 2• Lubrication of motor vehicle chassis. 3. The cleaning of component parts. 4. Brake adjustment and replacement. Page 134 AUTOMOBILE • SERVICE STATIONS Chapter 20.70 S. Automobile washing and polishing (not including mechanical car wash). 6. Front -end alignments (unless facilities exist outside the building on the effective date of this ordinance). 7. Soft drinks, candy and cigarettes sold via dispensers at stations constructed subsequent to the enactment of this ordinance. (b) The dispensing of gasoline, oil, air and water from pump islands, and the following activities and items offered for sale or rent are permitted outside of a building: 1. Six (6) rental trailers having maximum bed dimensions of 6 ft X 10 ft. each, only provided such use was in existence on the effective date of this ordinance. The location and screening of trailer storage shall be approved by the Community Development Director. 2. Automobile rental, provided that the automobiles are not parked on public streets. • 3. Tire display as follows: One (1) rack containing not more than a number equivalent to four (4) tires per pump island, plus not more than four (4) tires, in racks, on each pump island. There shall be a maximum display of not more than twenty (20) tires. 4. Trash areas, enclosed by walls, to be integrated with the design of the service station. 5. Public telephones, provided they are well lighted, are in a location which is visible from the street, and are accessible on a twenty -four hour basis. 6. Any testing or servicing of automobiles which necessitates a running engine. 7. The sale and installation of batteries and minor automotive accessories. 8. The sale, mounting and repair of tires. 9. The testing, adjustment and replacement of parts. 10. The sale of soft drinks, candy, cigarettes, ice and similar items via dispensers at stations constructed prior to the enactment of this ordinance. 11. The servicing of air - conditioners. 12. The servicing of air pollution control devices. 13. Lamp adjustment. • (c) Operating provisions shall include the following restrictions: 1. Parking on site is prohibited except for such vehicles as are in the process of being serviced, those belonging to employees and service trucks Page 135 AUTOMOBILE SERVICE STATIONS • Chapter 20.70 owned by the establishment. Rental cars and trailers may be parked on site subject to the provisions of Section 20.70.050(b)(1) and (2). 2. No vehicle waiting for service shall be arked for a period longer than twenty -four (24� hours on the station site unless in the process of being serviced. No vehicle shall be considered to be in the process of being serviced for a period longer than one (1) week. 3. Gasoline tanker trucks shall not obstruct the public right -of -way during delivery. (Ord. 1411 § 3 (part), 1972). 20.70.060 DEVELOPMENT STANDARDS FOR NEW SERVICE STATIONS. The following development standards shall apply to all automobile service stations constructed on new sites sub- sequent to the effective date of this ordinance and to remodel- ing or rebuilding existing stations as provided in Section 20.70.070(d). (a) Location - All service station sites shall front on streets 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 such as shopping centers in residential areas. (b) Site Size - The site shall be of sufficient size and configuration to satisfy all requirements for off - street parking, setbacks, curb cuts, walls, land- scaping and storage as provided in this chapter. (c) Parking - A minimum of five (5) parking spaces for each service bay shall be provided. All such parking spaces shall be marked clearly and shall meet all City codes and standards as to size and accessibility. (d) Setbacks - All buildings shall be set back from interior property lines a minimum of eighteen (18) feet and exterior property lines a minimum of thirty (30) feet except that pump islands may be located a minimum of twenty (20) feet from all exterior property lines, and pump island canopies may project to within five (5) feet of exterior property lines. On -site driveways all should be a minimum of twent five (25) feet for two -way traffic or eighteen (18T- • feet for one -way circulation. Page 136 AUTOMOBILE • SERVICE STATIONS Chapter 20.70 (e) Access - Driveways shall be so designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb. All driveways shall be located and constructed according to the City of Newport Beach Driveway Approach Policy. Driveways for service stations which are developed as part of or in conjunction with adjacent uses shall be located as part of the total circulation element of such adjacent uses. Provisions for on -site stacking lanes shall be made. (f) Utilities - All utilities shall be installed under- ground within the exterior property lines of the site. (g) Drainage - All drainage to the street shall be by underground structures to avoid drainage across City walks or drive aprons, and shall be subject to approval by the Director of Public Works. • (h) Noise - Buzzers and amplified signaling bells are to be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring when the service station site abuts residentially -zoned property or property used for residential purposes. (i) Architectural Design - The siting and architectural design of a service station building shall be, at a minimum, compatible with existing or planned improvements and the character of the area in which it is to be located. Unique design concepts are encouraged. (j) Landscaping - At least fifteen (15) percent of the site shall be landscaped with plant materials designed to provide beautification and screening. Planting areas shall include but not be limited to the following: 1. Five -foot wide planters between driveway approaches, separating pump islands for their entire length from the sidewalk or public right - of -way. • 2. A planting area at the "exterior" corner of the site from curb cut to curb cut at the inter- section. 3. A series of tree wells, each located a maximum distance of thirty (30) feet on center along all interior property lines, having a minimum 1• One double -faced free - standing sign, not exceed- ing a height of twenty -five (25) feet and an area thirty -six (36) square feet for each side. 2. Two wall signs to be located on the exterior • facades of the building and not exceeding ten (10) square feet each. Page 137 AUTOMOBILE SERVICE STATIONS • Chapter 20.70 inside dimension of four (4) feet to any one side of the planting area and containing at least one fifteen (15) gallon tree of an approved variety. Plant materials shall be chosen for their screening qualities, beauty and durability. Plantings shall include a mixture of trees, shrubs and groundcovers. City parkway areas shall be provided with ground - cover and street trees as per City standards. All 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. Landscape planting and sprinkler irrigation plans and specifications shall be submitted by the applicant and approved by the Community Development Director prior to the issuance of a building permit. (k) Perimeter Walls - Service station sites shall be • separated from abutting residentially -zoned property or property used for residential purposes by six - foot high masonry walls utilizing materials similar in color, module and texture to those utilized in the building. Such walls shall be reduced to three (3) feet in height within adjacent street setback areas. Such walls need not be installed when building wells or other acceptable walls already exist on such property lines. (1) Lighting - All lighting fixtures shall be located so as to shield direct rays from adjoining properties. Luminaires shall be of a low level, indirect diffused type and shall not exceed a height of greater than twenty (20) feet above finished grade. (m) Permanent Exterior Signs - A maximum of seven (7) permanent signs shall be permitted on any service station site as follows: 1• One double -faced free - standing sign, not exceed- ing a height of twenty -five (25) feet and an area thirty -six (36) square feet for each side. 2. Two wall signs to be located on the exterior • facades of the building and not exceeding ten (10) square feet each. No rotating, flashing, blinking or signing with animation, flags, banners or other attention - attracting devices shall be permitted on a permanent basis. Attention- attracting devices may be permitted for thirty (30) days, however, when connected with an opening or change in ownership or management of a service station. (n) Rest Rooms - All rest rooms shall be located to the side or rear of the building with all entrances screened from public view by landscaping or a six (6) foot high wall of materials in harmony with those utilized in the building. (o) Storage - All products and merchandise, except as permitted in Section 20.70.050(b), shall be stored within the main building. (p) Dispensing Machines - Space shall be made inside the building for any machines to be used for the dis- pensing of soft drinks, candy, cigarettes, ice and similar items. • Page 138 AUTOMOBILE • SERVICE STATIONS Chapter 20.70 3. One sign advertising the price of gas and not exceeding eight (8) square feet. The sign shall be of materials in harmony with those utilized in the building. 4. One sign identifying the operator of the premises and address of the building, to be located on the building and not exceeding a total of six (6) square feet. 5. All small signs advertising products for sale, trading stamps, credit cards and the inspection of pollution control devices, lamps and brakes, as authorized by the State, shall be clustered into not more than three (3) sign groupings located on the building face and a total of which shall not exceed twelve (12) square feet in area, exclusive of the additional space required for signs advertising State - authorized services. The sign background shall be of materials in harmony with those utilized in the building. 6. One double -faced sign, in a permanent frame, not exceeding an area of twelve (12) square • feet for each side, for promotional purposes, but excluding any reference to price. No rotating, flashing, blinking or signing with animation, flags, banners or other attention - attracting devices shall be permitted on a permanent basis. Attention- attracting devices may be permitted for thirty (30) days, however, when connected with an opening or change in ownership or management of a service station. (n) Rest Rooms - All rest rooms shall be located to the side or rear of the building with all entrances screened from public view by landscaping or a six (6) foot high wall of materials in harmony with those utilized in the building. (o) Storage - All products and merchandise, except as permitted in Section 20.70.050(b), shall be stored within the main building. (p) Dispensing Machines - Space shall be made inside the building for any machines to be used for the dis- pensing of soft drinks, candy, cigarettes, ice and similar items. • Page 139 AUTOMOBILE • SERVICE STATIONS Chapter 20.70 (q) Additional Requirements - It shall be required as a condition of a use permit that the grantee provide the oil company, the property owner and /or lessee each with a copy of the conditions embodied in the permit, and receive a written receipt therefor, so that there shall be no person operating the premises who is not aware of the conditions of operation. If, during any inspection of the premises, the City shall find violations of the requirements of the use permit, it shall notify both the oil company and the operator of the station in order to assure compliance. (Ord. 1411 § 3 (part), 1972). 20.70.070 EXISTING STRUCTURES AND USES. The provisions of Chapter 20.13 entitled 'Nonconforming Structures and Uses,' shall be applicable to automobile service stations as defined in this chapter, except as amended by the following regulations: (a) Existing Uses - Cessation of Use - The lawful use of land or building or both for the purpose of opera- ting an automobile service station, which use is in • existence on the effective date of this Chapter, may be continued without compliance with the requirements of a use permit provided that, if any such use shall cease for a continuous period of six (6) months, such use shall be considered abandoned and the Planning Commission shall have the authority to require the property owner to remove all existing structures from the site or obtain a use permit pursuant to Section 20.70.040 of this Chapter. (b) Restoration of Damaged or Destroyed Building - Any building in use as an automobile service station on the effective date of this Chapter which is damaged or destroyed by fire, explosion, earthquake or other act, to an extent of seventy -five (75) percent of the appraised value thereof, according to the assessment by the assessor for the fiscal year during which such destruction occurred, may not be restored without the requirement of a use permit. (c) Maintenance, Repairs and Structural Alterations - Maintenance, repairs and structural alterations can be made to any building in use as a gasoline service station on the effective date of this Chapter pro- vided that such maintenance, repair or structural alteration does not exceed, in any consecutive • twelve (12) month period, fifteen (15) percent of the value of the improvements as determined by the assessed valuation. Structural alterations exceeding fifteen (15) percent of the appraised value will require a use permit. Page 140 AUTOMOBILE • SERVICE STATIONS Chapter 20.70 (d) Remodeling or Rebuilding - Any service station being remodeled or rebuilt to an extent requiring a use permit shall be designed so as to comply as nearly as possible with the standards for service stations on new sites set forth in Section 20.70.060; taking into consideration size of the property, loca- tion of the existing structure, and other similar constraints. (Ord. 1411 § 3 (part), 1972). 20.70.080 DISCONTINUED USE. Notwithstanding anything to the contrary in this Chapter, if any service station is abandoned for a period of six (6) consecutive months, the Planning Commission, after public hearing, shall have the authority to revoke the use permit and may require the pro- perty owner to remove all existing structures from the site. (Ord. 1411 § 3 (part), 1972). 20.70.090 APPEAL. A. INITIATION OF APPEAL. In case the automobile service station operator is not satisfied with the action of the Community Development Director in any case requiring the Director's approval, he may appeal in writing to is the Planning Commission by filing a Notice of Appeal with the Secretary of the Planning Commission within five (5) days following the decision of the Director of Community Development, as provided in Section 20.85.010 of the Newport Beach Municipal Code. B. DECISION. Upon receiving Notice of Appeal to the Planning Commission, the written findings of the Director of Community Development shall be submitted to the Planning Commission together with all maps, letters, exhibits, and other documentary evidence considered by the Director of Community Development in reaching his decision. The Planning Commission shall render its decision within thirty (30) days after the hearing of the appeal. C. APPEAL TO THE CITY COUNCIL. satisfied with the action of the appeal, he may within twenty -one to the City Council, as provided Newport Beach Municipal Code dea § 3 (part), 1972). is In case an applicant is not Planning Commission on his (21) days appeal in writing in Chapter 20.85 of the ling with appeals. (Ord. 1411 O I L W E L L S Chapter 20.71 OIL WELLS Sections: Page 141 OIL WELLS Chapter 20.71 20.71.010 Drilling Restricted - Designated Area. 20.71.020 Election Required for Permitted Area Alteration - Intent and Purpose. 20.71.030 Fire Prevention. 20.71.040 Creating Nuisance Prohibited. 20.71.050 Watchman Required. 20.71.010 DRILLING RESTRICTED - DESIGNATED AREA. ' No person shall erect or construct oil drilling derricks or oil drilling equipment within the City, or shall drill from the surface or by subterranean drilling, for oil, petroleum, tar, gas or other hydrocarbon substances within the City, or shall build or establish refineries for the purpose of refining petroleum, oil, gas, tar or other hydrocarbon substances within the City; except, that it shall be lawful under the provisions hereof to drill for oil, petroleum, tar, gas or other hydrocarbon substances by slant drilling or subterranean drilling in and under the area hereinafter described; provided, that the drilling sites shall be located outside of the City limits and that such drilling shall be at a vertical depth of at least 400 feet below the ground surface within the area mentioned and hereafter described. That the area in the City in which slant drilling or sub- terranean drilling shall be permitted, under the terms hereof, is described as being: All that area lying northwesterly of the southeasterly line of 53rd Street, and the northeasterly and southwesterly pro- longations of the southeasterly Tine of 53rd Street, as 53rd Street is laid out and shown upon a map of Ocean Front Tract, recorded in Book 4, Page 12 of Miscellaneous Maps, Records of Orange County, California, and a map of River Section, recorded ' in Book 4, Page 25 of Miscellaneous Maps, Records of Orange County. (1949 Code 5 9124). Page 142 OIL WELLS • Chapter 20.71 20.71.020 ELECTION REQUIRED FOR PERMITTED AREA ALTERATION - INTENT AND PURPOSE. Any proposed change in or expansion of the area within the City of Newport Beach in which slant drilling or subterranean drilling is allowed by Section 20.71.010 shall first be submitted to the qualified electors of the City of Newport Beach for approval or disapproval. If a majority of the qualified electors vote in favor of such a question, then and only then shall the City Council have the power to act on such question. This section shall apply only to the boundaries of the City of Newport Beach as they exist on April 13, 1954, together with any territory in the process of annexation on said date. This section shall not apply retro- actively to any drilling operation or contract entered into prior to the effective date of this section. It is specifically declared that it is the intention of this section that it shall apply solely to the question of a change in or expansion of the area in which slant or subterranean drilling is permitted and shall not apply to any other question involving the drilling for or production of oil, gas or other hydrocarbon substances within or under the City of Newport Beach, or its tide and submerged lands. (1949 Code § 9124.1 • added by Ord. 715; April 30, 1954). 20.71.030 FIRE PREVENTION. Every person who was at the effective date of Ordinance 372 conducting, carrying on, maintaining or engaging in any of the businesses designated in Section 20.71.010, and who continues such operation, shall conduct the same so as to prevent fire hereby or therefrom which may endanger, injure or destroy the roperty of any person within the city. (1949 Code § 9125. 20.71.040 CREATING NUISANCE PROHIBITED. No person shall conduct within the City any of the businesses enumerated in Section 20.71.010 in such manner that the noise, smell, odor or gas produced thereby obstructs the free use and enjoy- ment by others of their property. No person shall permit any of the businesses enumerated in Section 20.71.010 to become offensive to the senses or to permit the same to interfere with the complete enjoyment of life or property by others. (1949 Code § 9126 and § 9127). 20.71.050 WATCHMAN REQUIRED. No person shall permit or allow a standing derrick or other oil drilling equipment upon any lands within the City without a watchman in constant charge and attendance, and the leaving of any well, whether in • operation or not, without a watchman in constant charge and attendance, shall be and constitute a nuisance within the meaning of this Chapter, which nuisance may be abated. (1949 Code 9 9128). • • Page 143 DRIVE IN AND OUTDOOR RESTAURANTS Chapter 20.72 D R I V E I N A N D O U T D O O R R E S T A U R A N T S Chapter 20.72 DRIVE IN AND OUTDOOR RESTAURANTS Sections: 20.72.010 Definitions. 20.72.020 Use Permit Required. 20.72.030 Application Contents. 20.72.040 Site. 20.72.050 Setbacks. 20.72.060 Parking and Traffic Control. 20.72.070 Walls. 20.72.080 Landscaping. 20.72.090 Lighting. 20.72.100 Signing. 20. 72.110 Utilities. 20.72.120 Storage. 20.72.130 Modification or Waiver of Requirements. 20.72.140 Additional Requirements. 20.72.150 Nonconforming Structures and Uses. 20.72.010 DEFINITIONS. As used in this chapter the following terms shall have the meanings indicated: DRIVE IN AND TAKE OUT RESTAURANT. The terms "drive -in," "walk -up" and "take out" restaurants shall mean a place of business which sells food products or beverages and which: 1. Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter or similar method or device, or 2. Delivers such food products or beverages to customers within a building which is designated in such a manner that a majority of the customers will remove such food products or beverages from the building for consumption either on the premises or in the immediate vicinity. • OUTDOOR RESTAURANT. The term "outdoor restaurant" shall mean a place of business which sells or serves food products or beverages for consumption on the premises where such place of business is located, and which provides for, or permits Page 144 DRIVE IN AND OUTDOOR RESTAURANT'. ' Chapter 20.72 consumption of, such food products or beverages out -of -doors other than on an incidental basis. (Ord. 1505 § 10, 1973: Ord. 1266 § 2, 1968: prior Ord. 1202 § 3 (part), 1967). 20.72.020 USE PERMIT REQUIRED. Outdoor, drive -in and take -out restaurants may be permitted in the C -1, C -2, M -1, M -1 -A and U Districts, and outdoor restaurants may be permitted in the A -P, C -N and C -0 Districts, subject to the requirement of a Use Permit for each development. The pro- cedure governing the issuance of all Use Permits for such developments shall be governed by the provisions of this chapter and Chapter 20.80 entitled "PERMITS "; provided, however, that to the extent that there is any inconsistency or conflict between the provisions of such chapters, the provisions of this chapter shall be controlling. (Ord. 1505 § 11, 1973: Ord. 1202 § 3 (part), 1967). 20.72.030 APPLICATION CONTENTS. An application for an outdoor, drive in or take out restaurant shall be in the form of a Use Permit application and shall be accompanied by the following information, maps and plans: ' (a) A plot plan of the property drawn to scale showing the location of all buildings, storage facilities, planting areas, signs, outside eating areas, walls, parking areas, and curb cuts. (b) A floor plan of any building delineating all interior floor space and indicating its proposed use. (c) A parking layout and traffic plan showing all parking spaces, aisles, access points and directional signs and markings. (d) A grading plan indicating how the property is to be graded and drained. (e) Elevations including all building and sign faces and materiels. (f) Such other plans, drawings and information as the Planning Director may reasonably require.. (Ord. 1202 1 3 (part), 1967). 20.72.040 SITE. The site shall be of sufficient size and configuration to satisfy all requirements for off - street parking, setbacks, curb cuts, walls, landscaping and refuse storage as provided in this chapter. (Ord. 1202 § 3 (part), ' 1967). L E • Page 145 DRIVE IN AND OUTDOOR RESTAURANTS Chapter 20.72 20.72.050 SETBACKS. The Planning Commission may establish setbacks more restrictive than those required by the regulations for the zoning district in which the proposed use would be located if it determines they are necessary or desirable for the protection of the public health, safety and welfare or to insure compatibility with uses on contiguous properties. (Ord. 1202 § 3 (part); February 14, 1967). 20.72.060 PARKING AND TRAFFIC CONTROL. A. PARKING. Off- street on -site parking shall be provided as follows: (1) One parking space for each employee on duty, the number of such spaces to be based upon peak employment; and (2) One parking space for each 50 square feet of gross floor area contained within a building. All parking areas shall meet the City of Newport Beach Off - Street Parking Standards. B. CURB CUTS. The size and location of curb cuts for drive- ways shall be determined by standards on file in the Department of Public Works. C. CIRCULATION. Parking areas and driveways shall be arranged so that a free flow of vehicular traffic and adequate site clearances are permitted at all times. If the traffic engineer determines that there is a need to accommodate vehicles waiting for service, a reservoir parking area for standing vehicles shall be provided in addition to the other required parking and driveway areas. (Ord. 1201 § 3 (part); February 14, 1967). 20.72.070 WALLS. A solid masonry wall 6 feet in height shall be erected on all interior lot lines, said wall to be reduced to 3 feet in height within any required yard setback area or within 15 feet of the corner of any inter- secting street or alley right of way. Walls 3 feet in height shall be erected between on site parking areas and public rights of way. (Ord. 1202 § 3 (part); February 14, 1967). 20.72.080 LANDSCAPING. Not less than 10 percent of the total site area shall be devoted to landscaped planting areas, including: (a) A planting area within a width of 3 or more feet between street side property lines and walls screen- ing parking facilities. (b) A planting area with a width of 3 or more feet adjacent to interior property lines. Page 146 DRIVE IN AND • OUTDOOR RESTAURANTS Chapter 20.72 All such planting areas shall be separated from vehicular or pedestrian paved areas by 6 inch high concrete curbing. The bumper stops shall be installed and located in such a manner as to preclude parked vehicles from overhanging such planting areas. All planting areas shall be provided with a permanent sprinkler irrigation system and hose bibs for supplemental watering. (Ord. 1202 4 3 (part); February 14, 1967). 20.72.090 LIGHTING. All parking areas shall be illuminated by lighting with a minimum intensity in any location of 2 foot candles and an average intensity of 5 foot candles. The lighting system shall be designed to minimize the reflec- tion of light to streets and properties adjoining the restaurant site. No lighting standard shall exceed a height of 10 feet from the finished grade of the restaurant site. (Ord. 1202 9 3 (part), 1967). 20.72.100 SIGNING. Signs shall be subject to the following restrictions: (a) The subject matter of any signs shall be limited to the name of the business and the food products • and beverages sold on the premises on which the signs are located. (b) The total area of all signs on the site shall not exceed 2 square feet for each lineal foot of property on a street. In the case of corner lots or double frontage lots only one street frontage may be used to determine the maximum allowable sign area. (c) All signs shall be mounted flat against a building and shall be limited in size to 50 square feet each, except that one free standing sign not to exceed 100 square feet shall be permitted. (Ord. 1202 9 3 (part), 1967). 20.72.110 UTILITIES. All utility services on the restaurant site shall be installed underground. (Ord. 1202 9 3 (part), 1967). 20.72.120 STORAGE. A. SUPPLY STORAGE. All facilities for storage of supplies shall be located within a building. B. REFUSE STORAGE. Any refuse storage area located outside of a completely enclosed building shall be surrounded by a solid masonry wall 6 feet in height with self locking gates. (Ord. 1202 4 3 (part), 1967). Page 147 DRIVE IN AND OUTDOOR RESTAURANTS • Chapter 20,72 20.72,130 MODIFICATION OR WAIVER OF REQUIREMENTS. The Planning Commission shall have the right to modify or waive any of the foregoing conditions if such modification or waiver will achieve substantially the same results and will in no way be detrimental to adjacent properties or improvements than will the strict compliance with said conditions. (Ord. 1202 § 3 (part), 1967). 20.72.140 ADDITIONAL REQUIREMENTS. The Planning Commission shall have the right to add additional conditions of approval in order to insure compatibility of the development with the surrounding area and the goals and objectives of the Master Plan of the City. (Ord. 1202 § 3 (part), 1967). 20,72.150 NONCONFORMING STRUCTURES AND USES. The provisions of Chapter 20.83 entitled "Nonconforming Structures and Uses" shall not be applicable to drive in, take out, and outdoor restaurants as defined in this chapter, but instead the following regulations shall be controlling: (a) Existing Uses - Cessation of Use. The lawful use of land or buildings or both for the purpose of a drive • in, take out, or outdoor restaurant, which use was in existence on the effective date of this chapter, may be continued without compliance with the require- ment of a use permit; provided that, if any such use shall cease for a continuous period of nine (9) months, such use shall be considered abandoned and may not be revived unless a Use Permit shall be first obtained. (b) Restoration of Damaged or Destroyed Building. Any building in use as a drive in, take out, or outdoor restaurant on the effective date of this chapter which is damaged or destroyed by fire, explosion, earthquake, or other act to an extent of more than ninety percent (90 %) of its appraised value at the time of the damage, as fixed by the General Appraisal Company of Los Angeles, California, or other equally responsible firm, or to an extent of one hundred percent (100 %) of the appraised value thereof accord- ing to the assessment by the assessor for the fiscal year during which such destruction occurs, may be restored without the requirement of a Use Permit provided that the restoration work is completed within one (1) year following the date on which the damage or destruction occurs. • (c) Maintenance, Repairs, and Structural Alterations. Maintenance, repairs, and structural alterations can be made to any building in use as a drive in, take out, or outdoor restaurant on the effective date of this Chapter without the requirement of a Use Permit. (Ord. 1202 § 3 (part), 1967). • • PART VIII: ADMINISTRATION Chapters: 20.80 Permits 20.81 Modifications Committee 20.82 Variances 20.83 Nonconforming Structures and Uses 20.84 Amendments 20.85 Appeals 20.86 Enforcement 20.87 Definitions Page 148 PERMITS Chapter 20.80 • P E R M I T S Chapter 20.80 WAYWIwi Sections: 20.80.010 Zoning Permit Required. 20.80.020 Use Permits. 20.80.030 Application for Use Permit - Fee. 20.80.050 Public Hearings. 20.80.060 Action by Commission, Director or City Council. 20.80.070 Use Permit Appeal. 20.80.075 Right of Review by City Council. 20.80.080 Use Permit Requisite to Other Permits. 20.80.090 Revocation of Permits or Variances. • 20.80.010 ZONING PERMIT REQUIRED. Zoning Permits shall be required for all buildings and structures herein- after erected, constructed, altered, repaired, or moved within or into any district established by this Title, and for the use of vacant land or for a change in the character of the use of land, within any district established by this Title. Such permit may be a part of the building permit and shall be issued by the Building Inspector prior to any construction. (Ord. 635 (part), 1960: 1949 Code § 9106.1, § 9106.11). 20.80.020 USE PERMITS. Use Permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Title. (Ord. 635 (part), 1950: 1949 Code § 9106.2). 20.80.030 APPLICATION FOR USE PERMIT - FEE. Applica- tions for Use Permits shall be filed in the office of the Community Development Department in writing on forms prescribed by the Director, and shall be accompanied by a fee of Two Hundred Twenty Five Dollars ($225.00) and by plans and elevations necessary to show the detail of the proposed building or use. • Application for a Use Permit may be made by the owner, lessee, or agent of the owner of the property affected. The applica- tion shall be signed by the recorded owner or the lessee or Page 149 PERMITS • Chapter 20.80 may be signed by an agent of the owner if written authorization from the record owner is filed with the application. (Ord. 1611 1, 1975: Ord. 1396 § 1, 1971: Ord. 1272 § 1, 1968: Ord. 1059 (part), 1963: Ord. 635 (part), 1950: 1949 Code § 9106.21: Ord. 1566 § 1, 1974). 20.80.050 PUBLIC HEARINGS. A. DISCRETIONARY. No public hearings need be held in connection with the grant or denial of an application for a Use Permit; provided that the Planning Commission may in its discretion hold such public hearings as it deems advisable. B. NOTICE. When it is deemed advisable to hold a public hearing, notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alter- natively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. In addition, notice of such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. • If any properties included within the radius referred to above are located outside the limits of the City of Newport Beach, then the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located, or to the Orange County Planning Commission in such cases where such properties lie within the unincorporated portion of the County. C. CONTINUANCE. Upon the date set for a public hearing before the Planning Commission or an appeal before the City Council, the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (Ord. 1465 § 1, 1972: Ord. 1396 § 3, 1971: Ord. 7059 (part), 1963: Ord. 635 (part), 1950: 7949 Code § 9106.23). 20.80.060 ACTION BY COMMISSION OR CITY COUNCIL. A. FINDINGS. In order to grant any Use Permit, the Planning Commission or the City Council in acting on appeals or review- ing any decision of the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, • comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Page 150 PERMITS Chapter 20.80 • B. IMPOSITION OF CONDITIONS. The Planning Commission or the City Council in acting on appeals or in reviewing any decision of the Planning Commission may impose such conditions in connection with the granting of a Use Permit as they deem necessary to secure the purposes of this Title and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off - street parking facilities as determined in each case. In the event of an appeal to the City Council from a decision of the Planning Commission granting or denying a Use Permit, the Planning Commission shall file with the City Council prior to the hearing of the appeal written findings setting forth the reasons for the decision. C. RENDERING OF DECISION. After the conclusion of the hearing on any application for a Use Permit, the Planning Commission shall render a decision within 35 days. Use Permits shall not become effective for 21 days after being granted, and in the event an appeal is filed or if the City Council shall exercise its right to review any such decision, the permit shall not become effective unless and until a decision granting the Use Permit is made by the City Council. The granting of • any Use Permit pursuant to the provisions of this Title is hereby declared to be an administration function, the authority and responsibility for performing which is imposed upon the Planning Commission, and the action thereon by the Planning Commission shall be final and conclusive, except in the event of an appeal or an exercise of its right of review by the City Council. (Ord. 1396 § 4, 1971: Ord. 1057 (part), 1963: Ord. 635 (part), 1950: 1949 Code § 9106.24). 20.80.070 USE PERMIT APPEAL. A. INITIOTION OF APPEAL. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the City Council by filing a notice of appeal with the City Clerk within 21 days following said action. Said notice of appeal shall be accompanied by a fee of Seventy -Five Dollars ($75.00). B. DATE - NOTICE. The City Clerk shall set a date for public hearing and give notice in the manner prescribed in Section 20.80.050. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission. Upon receiving notice of appeal to the City Council, the Community Development Director shall submit a written report of the Planning Commission proceedings to • the City Council, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. Page 151 PERMITS is Chapter 20.80 C. DECISION. The City Council shall render its decision within 30 days after the close of such hearing. (Ord. 1396 § 5, 1971: Ord. 1272 (part), 1968: Ord. 1059 (part), 1963: Ord. 635 (part), 1950: 1949 Code § 9106.24). 20.80.075 RIGHT OF REVIEW BY CITY COUNCIL. The City Council, on its own motion, adopted by four affirmative votes,may elect to review any decision of the Planning Commis- sion granting a Use Permit. The City Council's right of review may be exercised at any time prior to the expiration of 21 days from the date on which the Planning Commission renders its decision. In any Use Permit proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.80.050. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Community Develop- ment Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (Ord. 1396 § 6, • 1971). 20.80.080 USE PERMIT REQUISITE TO OTHER PERMITS. No building or zoning permit or certificate of occupancy shall be issued in any case where a Use Permit is required by the terms of this Title unless and until such Use Permit has been granted by the Planning Commission or by the affirmative vote of the City Council on appeal or review and then only in accordance with the terms and conditions of the Use Permit granted. (Ord. 1396 § 7, 1971: Ord. 1059 (part), 1950: 1949 Code § 9106.25). 20.80.090 REVOCATION OF PERMITS OR VARIANCES. A. DURATION. Any zoning permit, use permit, or variance granted in accordance with the terms of this Title shall be revoked if not used within 1� years from the date of approval unless, on approval, the Planning Commission specifies or has specified a different period of time. B. VIOLATION OF TERMS. Any zoning permit, use permit, or variance granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such permit or variance are violated, or if any law or ordinance is violated in connection therewith. • • • L Page 152 PERMITS Chapter 20.80 C. HEARING. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. (Ord. 845 (part), 1958: Ord. 635 (part), 1950: 1949 Code 14 9106.41, 9106.42 and 9106.43). Page 153 MODIFICATIONS COMMITTEE • Chapter 20.81 M O D I F I C A T I O N S C O M M I T T E E Chapter 20.81 MODIFICATIONS COMMITTEE Sections: 20.81.010 Modifications Committee. 20.81.020 Powers and Duties. 20.81.030 Hearings. 20.81.040 Notices. 20.81.050 Applications. 20.81.060 Action by Committee. 20.81.070 Appeal. 20.81.080 Referral to Planning Commission. 20.81.090 Revocation of Modification Approvals. 20.81.100 Administrative Act. • 20.81.010 MODIFICATIONS COMMITTEE. A Modifications Committee consisting of three members is hereby established for the purpose of passing upon requests for reasonable use of property not permissible under existing regulations. The Modifications Committee shall have authority to grant, subject to appeal to the Planning Commission under provisions of this Title, modifications as provided herein. The Committee shall be composed of the following members: the Community Develop- ment Director or his designated representative; the Public Works Director or his designated representative; and the Building Division Supervisor or his designated representative. The Community Development Director shall act as chairman and staff members shall be assigned to aid the Committee as necessary. (Ord. 1480 § 1, December 18, 1972: Ord. 1378 § 1, 1971: Ord. 1268 5 1 (part), 1968). 20.81.020 POWERS AND DUTIES. Whenever a strict interpretation of the provisions of Title 20 of this Code, or its application to any specific case or situation would pre- clude a reasonable use of property not otherwise permissible under existing regulations, the Modifications Committee may grant approval of such modifications relating to: required building setbacks in front, side or rear yards; heights of • walls, hedges or fences; distances between buildings; area and height of signs; structural appurtenances or projections which encroach into front, side or rear yards; size or loca- tion of parking spaces or access to parking spaces; swimming pool and swimming pool equipment encroachments; roof parking Page 154 MODIFICATIONS COMMITTEE • Chapter 20.81 of automobiles; minor modifications and improvements to non- conforming buildings; and such items as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council. The Modifications Committee shall also pass upon all requests to extend existing use permits which have been approved by the Planning Commission and exercised by the applicant. (Ord. 1268 § 1 (part), 1968). 20.81.030 HEARINGS. The Modifications Committee shall hold one or more regular meetings each month and may hold special meetings as necessary. Upon the receipt, in proper form, of any application filed pursuant to this chapter, a time and place for a public hearing shall be fixed, to be held not less than ten (10) days nor more than thirty (30) days thereafter. Upon the date set for the public hearing before the Modifications Committee, the Committee may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (Ord. 1268 § 1 (part), 1968). 20.81.040 NOTICE. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, • postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of one hundred (100) feet of the exterior boundaries of the subject property. In addition, notice of such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. If any properties included within the radius referred to above are located outside the limits of the City of Newport Beach, the mailed notice need not be given to those property owners; but in lieu thereof, the Modification Committee may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located, or to the Orange County Planning Commission in such cases where such properties lie within the unincorporated portion of the County. (Ord. 1465 § 2, September 25, 1972: Ord. 1268 § 1 (part), 1968). 20.81.050 APPLICATIONS. A. PROCEDURE. Application for a modification shall be made in writing to the Community Development Department on forms provided by the City. Applica- tions filed pursuant to this section shall be numbered con- secutively in order of their filing and shall become a part of permanent official records of the City, and there shall • be attached thereto copies of all notices and actions pertain- ing thereto. Application for modification may be made by the Page 155 MODIFICATIONS COMMITTEE • Chapter 20.81 owner, lessee or agent of the owner of the property affected. The application shall be signed by either the record owner, the lessee or an agent of the owner, if written authorization from the record owner is filed with the application. B. INFORMATION REQUIRED. An application for a modification shall be accompanied by the following: (1) Plot plans showing all property lines, structures, parking, driveways, other major improvements or facilities and landscaped areas. (2) Elevations of all proposed structures. (3) Other plans such as floor plans as may be required by the Community Development Director to assure a proper considera- tion of the application. C. FEES. Before receiving any application for a modification, the City shall, for purposes of defraying the expenditures incidental to the proceedings described herein, charge and collect a fee of Eighty -Five Dollars ($85.00) for each application. (Ord.1611 5 2, 1975:Ord.1566 12,1974:Ord.1502 § 1,1973:Ord.1268 5 l(part),1968). • 20.81.060 ACTION BY COMMITTEE. A. INVESTIGATION. The Modifications Committee shall cause to be made, by its own members or its respective staffs, such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this section and sound planning practices. B. FINDINGS. In order to grant relief to an applicant through a modification, the Committee shall find that the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. C. IMPOSITION OF CONDITIONS. The Modifications Committee may impose such conditions in connection with the granting of a modification as they deem necessary to secure the purposes of this title and may require guarantees and evidence that such conditions are being or will be complied with. Page 156 MODIFICATIONS COMMITTEE ' Chapter 20.81 D. RENDERING OF DECISION. After the conclusion of the hearing on any application for a modification, the Committee shall render a decision within fifteen (15) days unless otherwise stipulated by the applicant and the Committee. No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal, which for purposes of modifications shall be seven (7) calendar days after the date of the Committee's decision. In the event an appeal is filed, the modification shall not become effective unless and until a decision is made by the Planning Commission on such appeal. E. NOTICE. The Modifications Committee shall set forth in writing the findings upon which the decision is made. A copy of said findings shall be mailed by first class mail to the applicant and any other interested person who makes request during the public hearing. A copy shall also be posted on the official notice board of City Hall until such time as the decision has become final and copies shall also be directed to the Secretary of the Planning Commission and the City Council. (Ord. 1502 5 2, 1973: Ord. 1268 § 1 (part), 1968). 20.81.070 APPEAL. A. INITIATION OF APPEAL. In ' case the applicant or any other interested person is not satisfied with the action of the Modifications Committee, he may appeal in writing to the Planning Commission by filing a notice of appeal with the Secretary of the Planning Commission within seven (7) calendar days following the decision of the Committee. B. FEE. To partially defray the administrative costs of the City, the Notice of Appeal shall be accompanied by a fee of One Hundred Dollars ($100.00). C. DATE - NOTICE. The Planning Commission shall set a date for public hearing and give notice in the same manner as pre- scribed in Section 20.81.040. Upon receiving Notice of Appeal to the Planning Commission, the written findings of the Modifications Committee shall be submitted to the Planning Commission together with all maps, letters, exhibits, and other documentary evidence considered by the Modifications Committee in reaching a decision. D. DECISION. The Planning Commission shall render its decision within thirty (30) days after the filing of such appeal. E. APPEAL TO CITY COUNCIL. ' (1) In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the City Council by fil- ing a notice of appeal with the City Clerk within 21 Page 157 MODIFICATIONS COMMITTEE . Chapter 20.81 days following said action. Said notice of appeal shall be accompanied by a fee of Seventy -Five Dollars ($75.00). (2) DATE - NOTICE. The City Clerk shall set a date for public hearing and give notice in the same manner as prescribed in Section 20.81.040. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commis- sion. Upon receiving notice of appeal to the City Council, the Community Development Director shall submit a written report of the Planning Commission proceedings to the City Council, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (3) DECISION. The City Council shall render its decision within 30 days after the close of such hearing. F. RIGHT OF REVIEW BY CITY COUNCIL OR PLANNING COMMISSION. The Planning Commission or City Council, on their own motions, adopted by four affirmative votes, may elect to review any • decisions of the Modifications Committee approving an appli- cation for a modification. The City Council on its own motion, adopted by four affirmative votes, may also elect to review any decisions of the Planning Commission approving an application for a modification. In the case of a decision from the Modifi- cations Committee, the Planning Commission's or City Council's right of review may be initiated at any time prior to the expiration of seven (7) days from the date on which the Modifications Committee renders its decision. Said review may be initiated by any member of the Planning Commission or the City Council by notification to the Director of Com- munity Development. The Director of Community Development will thereafter impose a temporary stay of the Modifications Committee's action until such time as the Planning Commission or City Council shall meet and decide to exercise their right of review by four affirmative votes. In the case of a deci- sion from the Planning Commission, the City Council's right of review may be initiated at any time prior to the expiration of 21 days from the date on which the Planning Commission renders its decision. In any application for a modification proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.81.070E(2). The City Clerk shall also give written notice of the time and date set for the hearing to the applicant and the Planning • Commission. Upon receiving notice of the City Council review proceeding, the Community Development Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (Ord. 1502 § 3, 1973: Ord. 1464 § 1, 1972: Ord. 1268 4 1 (part), 1968). Page 158 MODIFICATIONS COMMITTEE • Chapter 20.81 20.81.080 REFERRAL TO PLANNING COMMISSION. In the event the Modifications Committee determines that an applica- tion should properly be heard by the Planning Commission, it may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this chapter. (Ord. 1502 § 4, 1973: Ord. 1268 § 1 (part), 1968). 20.81.090 REVOCATION OF MODIFICATION APPROVALS. A. DURATION. Any modification granted in accordance with the terms of this title shall be automatically revoked if not used within six (6) months from the date of approval, unless, on approval, the Modifications Committee specifies or has specified a different period of time. Upon a written request for an extension of time, the Committee may extend the duration of the modification for such additional time as may be necessary. B. VIOLATION OF TERMS. Any modification approval granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such modification are violated, • or if any law or ordinance is violated in connection therewith. C. HEARING. The Modifications Committee shall hold a hearing on any proposed revocation for violation of the terms and conditions of such modification after giving written notice to the permittee at least ten (10) days prior to the hearing. (Ord. 1268 § 1 (part), 1968). 20.81.100 ADMINISTRATIVE ACT. The granting of any modification, when conforming to the provisions of this title, is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Modifications Committee and the Community Development Director and the action thereon by the Modifications Committee or Community Development Director shall be construed as admin- istrative acts performed for the purpose of assuring that the intent and purpose of this title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or the zonin map of the City. (Ord. 1502 § 5, 1973: Ord. 1268 § 1 (part , 1968). • • • • V A R I A N C E S Chapter 20.82 VARIANCES Sections: Page 159 VARIANCES Chapter 20.82 20.82.010 Policy. 20.82.020 Application. 20.82.030 Delegation of Authority to Community Development Director. 20.82.040 Public Hearings. 20.82.050 Action by Commission, Director or City Council. 20.82.060 Appeal. 20.82.010 POLICY. Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this Title may result from the strict application of certain provisions thereof, variance may be granted as provided in this Chapter. (1949 Code 9 9106.3 added by Ord. 635; December 12, 1950). 20.82.020 APPLICATION. A. FILING - FEE. Applications for variances shall be made in writing and filed in the office of the Planning Department on forms prescribed by the Commission and shall be accompanied by a filing fee of Two Hundred Twenty Five Dollars ($225.00). B. APPLICANT. Application for a variance may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the record owner, lessee, or may be signed by an agent of the owner if written authoriza- tion from the record owner is filed with the application. C. EVIDENCE. The application shall, in addition, be accompanied by a statement, plans and evidence showing: (1) That there are exceptional or extraordinary circumstances applying to the land, building 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 enjoyment of substantial property rights of the applicant. Page 160 VARIANCES Chapter 20.82 • (3) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the appli- cant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (1949 Code § 9106.31 added by Ord. 635; and amended by Ord. 1059 and Ord. 1272; September 10, 1968: Ord. 1566 § 3, 1974). 20.82.030 DELEGATION OF AUTHORITY TO COMMUNITY DEVELOPMENT DIRECTOR. A. DELEGATION BY RESOLUTION. The Planning Commission may delegate authority to act on any specific class of variance. Such delegation of authority shall be made by formal resolution of the Planning Commission and shall be subject to confirmation by the City Council. The withdrawal of the authority so delegated to the Director may be accomplished in the same manner as the authority was originally delegated or by formal resolution of the City Council alone. B. DISCRETION OF DIRECTOR. The Director of Community Develop- ment may in his discretion decline to act on any application for • a variance over which he has been granted jurisdiction and may refer the application to the Planning Commission for its decision. (1949 Code § 9106.32 added by Ord. 1059; September 23, 1963) . 20.82.040 PUBLIC HEARINGS. A. REQUIRED NOTICE. A public hearing shall be held on all variances, except as other- wise provided in this Chapter, within sixty (60) days after filing of the application; provided, however, that public hearings need not be held on applications over which juris- diction has been delegated to the Director of Community Develop- ment. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alter- natively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. In addition, notice of such hearing shall be posted in not less than two cons icuous places on or close to the property at least ten (10� days prior to the hearing. B. CONTINUANCE. Upon the date set for a public hearing or an appeal to the City Council, the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued • hearing is announced in open meeting. (Ord. 1465 § 3, September 25, 1972: Ord. 1059, 1963: Ord. 635, 1950: 1949 Code §§ 9106.32, 9106.33). • Page 161 VARIANCES Chapter 20.82 20.82.050 ACTION BY COMMISSION, DIRECTOR OR CITY COUNCIL. A. FINDINGS. In order to grant any variance, the findings of the Planning Commission, the Community Development Director or the City Council in acting on appeals, shall be that the applicant has established the grounds for variance set forth in this Chapter. B. CONDITIONS. The Planning Commission, Community Development Director, or City Council in acting on appeals, may designate such conditions in connection with the granting of a variance as they deem necessary to secure the purposes of this Title, and may require such guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off - street parking facilities as determined in each case. C. RENDERING OF DECISION. After the conclusion of the hearing on any application for a variance, the Planning Commission or the Community Development Director shall render a decision within 35 days following the close of the hearing on the appli- cation. A variance shall not become effective for 21 days after being granted, and in the event an appeal is filed, the • variance shall not become effective unless and until a decision granting the variance is made by the City Council on such appeal. The granting of any variance, when conforming to the provisions of this Title, is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Planning Commission and Community Development Director and the action thereon by the Planning Commission or Community Development Director shall be final and conclusive except in the event of an appeal as hereinafter provided. (Ord. 1415 5 3, 1971: Ord. 1059, 1963: Ord. 635, 1950: 1949 Code H 9106.33, 9106.34). 20.82.060 APPEAL. A. INITIATION OF APPEAL. In case the applicant or any person, firm or corporation is not satis- fied with the action of the Planning Commission or the Community Development Director, he may appeal to the City Council by filing a written notice of appeal with the City Clerk within twenty -one (21) days after the decision is made. Said notice of appeal shall be accompanied by a fee of Seventy -Five Dollars ($75). B. DATE - NOTICE. The City Clerk shall set a date for public hearing of the appeal and give notice as required in Section 20.82.040. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the • Planning Commission if the appeal is from a decision of the Planning Commission, or the Community Development Director if the appeal is from a decision of the Community Development Director. Upon receiving notice of an appeal to the City • l I Page 162 VARIANCES Chapter 20.82 Council, the written findings of the Planning Commission or the Community Development Director shall be submitted to the City Council, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commis- sion or the Community Development Director in reaching a decision. C. DECISION. The City Council shall render its decision within 60 days after the filing of such appeal. (Ord. 1415 § 4, 1971: Ord. 1272, 1968: Ord. 1059, 1963: Ord. 635, 1950: 1949 Code it 9106.34, 9106.35). • • rI L J N O N C O N F O R M I N G S T R U C T U R E S Chapter 20.83 NONCONFORMING STRUCTURES AND USES Sections: Page 163 NONCONFORMING STRUCTURES & USES Chapter 20.83 A N 0 U S E S 20.83.010 Prior Use of Land. 20.83.020 Prior Use of Buildings. 20.83.030 Extension Throughout Building of Nonconforming Use. 20.83.040 Change of Nonconforming Use. 20.83.050 Cessation of Nonconforming Use. 20.83.060 Restoration of Damaged or Destroyed Building. 20.83.070 Maintenance and Repairs. 20.83.080 Prior Plans, Construction or Designated Use. 20.83.090 Exempt Nonconforming Buildings. 20.83.010 PRIOR USE OF LAND. The lawful use of land existing at the time of the adoption of this Title, although such use does not conform to the regulations herein specified for the district in which such land is located, may be continued, provided that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of this Title, and that if any such use ceases, the subsequent use of such land shall be in conformity to the regulations specified by this Title, for the district in which such land is located. (Ord. 635, 1950: 1949 Code § 9105.7(a)). 20.83.020 PRIOR USE OF BUILDINGS. The lawful use of buildings existing at the time of the adoption of this Title may be continued, although such use does not conform to the regulations specified for the district in which such buildings are located. (Ord. 635, 1950: 1949 Code § 9105.7(b)). 20.83.030 EXTENSION THROUGHOUT BUILDING OF NONCONFORM- ING USE. The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case a Use Permit shall first be obtained. (Ord. 635, 1950: 1949 Code § 9105.7(c)). Page 164 NONCONFORMING STRUCTURES & USES • Chapter 20.83 20.83.040 CHANGE OF NONCONFORMING USE. The non- conforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a Use Permit shall first be obtained. (Ord. 635, 1950: 1949 Code § 9105.7(d)). 20.83.050 CESSATION OF NONCONFORMING USE. If the nonconforming use of a building ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the District in which it is located. (Ord. 635 (part), 1950: 1949 Code § 9105.7(e)). 20.83.060 RESTORATION OF DAMAGED OR DESTROYED BUILD- ING. A nonconforming building damaged or destroyed by fire, explosion, earthquake, or other act to an extent of more than ninety percent (90 %) of its appraised value at the time of the damage, as fixed by the General Appraisal Company of Los Angeles, California, or other equally responsible firm, or to an extent of one hundred percent (100 %) of the appraised value thereof according to the assessment by the Assessor for the fiscal year during which such destruction occurs, may be restored only if a Use Permit is first obtained in each case. (Ord. 635 (part), 1950: 1949 Code § 9105.7(f)). 20.83.070 MAINTENANCE AND REPAIRS. Ordinary main- tenance and repairs may be made to any nonconforming building, providing no structural alterations are made and provided that such work does not exceed fifteen percent (15 %) of the appraised value in any one year period. Other repairs or alterations may be permitted provided that a Use Permit shall first be secured in each case. (Ord. 635 (part), 1950: 1949 Code § 9105.7(g)). 20.83.080 PRIOR PLANS, CONSTRUCTION OR DESIGNATED USE. Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then effective, and upon which actual construction has been started prior to the effective date of this Title, provided, that in all such cases actual construction shall be diligently carried on until completion of the building. (Ord. 635 (part), 1950: 1949 Code § 9105.7(h)). 20.83.090 EXEMPT NONCONFORMING BUILDINGS. The following types of nonconforming buildings are exempt from the requirement of a Use Permit for certain repairs, altera- tions or additions as provided in Section 20.83.070. Page 165 NONCONFORMING • STRUCTURES USES Chapter 20.83 (a) Buildings located in R -1 -B, R -2 -B, R -3 -8, and R -4 -B Districts which are nonconforming only because amendments of this Title have changed side yard requirements subsequent to the original construction of such buildings. Such nonconforming side yards may be continued in the construction of additions. (b) Buildings which are nonconforming only because amendments of this Title have changed the dimensions of required parking or garage spaces from 8 feet by 20 feet to 9 feet by 20 feet subsequently to the original construction of the building; provided that the building together with any proposed addition will conform to existing provisions of this Title with regard to the number of required parking or garage spaces. Such repairs, alterations or additions must comply with all requirements of this Title in effect on the date the application for a building permit is filed, except as otherwise provided in this section. (Ord. 1076 (part), 1964: Ord. 909 (part), 1960: 1949 • Code 5 9105.8). 0 0 Sections: A M E N D M E N T S Chapter 20.84 AMENDMENTS Page 166 AMENDMENTS Chapter 20.84 20.84.010 Method of Amendment. 20.84.020 Initiation. 20.84.030 Public Hearings. 20.84.040 Action by Planning Commission. 20.84.050 Action by City Council. 20.84.060 Right of Review by City Council. 20.84.010 METHOD OF AMENDMENT. This Title may be amended by changing the boundaries of districts or by changing • any other provisions thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this Chapter. (Ord. 635, 1950: 1949 Code § 9106.5). 20.84.020 INITIATION. An amendment may be initiated by: (a) The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanied by a fee of Three Hundred Thirty Five Dollars ($335.00), no part of which shall be returnable to the petitioner. (b) Resolution of intention of the City Council. (c) Resolution of intention of the Planning Commission. (Ord. 1272 § 7, 1968: Ord. 1011, 1962: Ord. 635, 1950: 1949 Code § 9106.51: Ord. 1566 § 4, 1974:Ord.1611 § 4,1975. 20.84.030 PUBLIC HEARINGS. A. REQUIRED - NOTICE. The Planning Commission shall hold at least one public hearing on any proposed amendment, and shall give notice thereof by at least one publication in a newspaper of general circulation within the City at least ten (10) days prior to the first of • such hearings. Page 167 AMENDMENTS Chapter 20.84 B. NOTICE TO NEIGHBORING PROPERTY OWNERS. 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 cause additional notice of such hearing to be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alter- natively, from such other records as contain more recent ad- dresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. In addition, notice of such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. If any properties Included within the radius referred to above are located outside the limits of the City of Newport Beach, the mailed notice need not be given to those property owners; but in lieu thereof, the Planning Commission may cause written notice of such hearing to be given to the Planning Commission of any city in which such properties are located or to the Orange County Planning Commission in such cases where such properties lie within the unincorporated portion of the County. (Ord. 1465 § 4, September 25, 1972: Prior Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9106.52). 20.84.040 ACTION BY PLANNING COMMISSION. Following the hearing provided for by Section 20.84.030, the Planning Commission shall approve or disapprove the proposed amendment. If approved, the Planning Commission shall make and file a report of its findings and recommendations with the City Council. The Planning Commission shall make its decision and file its report no later than ninety (90) days after the first published notice of the Planning Commission hearing, unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission to take action on the proposed amendment or failure to report within the time limit shall be deemed to be approval of the proposed amendment by the Planning Commission. If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within twenty -one (21) days after such disapproval. (Ord. 1415 § 6, 1971: Ord. 937, 1960: Ord. 635, 1950: 1949 Code § 9106.53). 20.84.050 ACTION BY CITY COUNCIL. Upon receipt of such report from the Planning Commission, or upon the expiration of the time limit prescribed in Section 20.84.040, or upon the filing of any appeal, the City Council shall set the matter for one public hearing giving notice thereof as prescribed in Section 20.84.030. Page 168 AMENDMENTS Chapter 20.84 • Notice shall also be given to the Planning Commission of such appeal, and the Planning Commission shall submit a report of its findings and recommendations to the City Council setting forth the reasons for the decision of the Commission, or the Commission shall be represented at the hearing. After the conclusion of such hearing, the City Council may adopt or reject the proposed amendment, or any part thereof, in such form as the Council may deem to be advisable, or the Council may refer the matter back to the Planning Commission for further study and recommendation. Said notice of appeal shall be accompanied by a fee of Seventy -Five Dollars ($75). The decision of the City Council shall be rendered within sixty days after the receipt of a report and recommendation of approval from the Planning Commission or after the expira- tion of the time limit prescribed in Section 20.84.040, or within sixty days after the filing of any appeal. (Ord. 1548 § 1, 1974: Ord. 1272 § 8, 1968: Ord. 937, 1960: Ord. 635, 1950: 1949 Code § 9106.54). 20.84.060 RIGHT OF REVIEW BY CITY COUNCIL. Any proposed amendment to this Title, initiated by the City of Newport Beach, which is disapproved by the Planning Commis- Sion, may be reviewed by the City Council on its own motion, adopted by four affirmative votes. The City Council's right to review may be exercised at any time prior to the expiration of 21 days from the date on which the Planning Commission renders its decision. In any amendment proceeding in which the City Council exercises its right of review, the City Clerk shall set the matter for public hearing, giving notice thereof as prescribed in Section 20.84.030. The City Clerk shall also give written notice to the Planning Commission and to the Community Development Department. Upon receiving notice of the City Council review proceeding, the Community Development Director shall submit a written report of the Planning Commis- sion's proceedings, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commission in reaching its decision. (Ord. 1548 § 2, 1974: Ord. 1414 § 1, 1971). • Page 169 APPEALS • Chapter 20.85 A P P E A L S Chapter 20.85 APPEALSI Sections: 20.85.010 Appeal Procedure. 20.85.010 APPEAL PROCEDURE. A. AUTHORITY OF COMMIS- SION. The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this Title. B. APPEAL TO CITY COUNCIL. In case an applicant is not satisfied with the action of the Planning Commission on his • appeal he may within twenty -one (21) days appeal in writing to the City Council. • C. NOTICE TO COMMISSION. Notice shall be given to the Planning Commission of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reason for action taken by the Commission or shall be represented at the Council meeting at the time the matter is heard. D. RENDERING OF DECISION. The City Council shall render its decision within thirty (30) days after the filing of such appeal. (Ord. 1415 § 7, 1971: Ord. 1059, 1963: Ord. 635, 1950: 1949 Code §§ 9106.35, 9106.36). 1. Use permit appeal - See Chapter 20.80. Variance appeal - See Chapter 20.82. Appeal on amendments - See Chapter 20.84. C is • E N F O R C E M E N T Chapter 20.86 ENFORCEMENT Sections: Page 170 ENFORCEMENT Chapter 20.86 20.86.010 Responsibility for Enforcement. 20.86.020 Penalty for Violations. 20.86.030 Declaration of Nuisance - Abatement. 20.86.040 Effect of Remedies. 20.86.010 RESPONSIBILITY FOR ENFORCEMENT. All departments, official and public employees of the City of Newport Beach, vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title shall be null and void. It shall be the duty of the Building Inspector to enforce the provi- sions of this Title pertaining to the creation, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. (Ord. 635, 1950: 1949 Code § 9109.1). 20.86.020 PENALTY FOR VIOLATIONS. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Three Hundred Dollars ($300) or by imprisonment in the County Jail or the City Jail for a term not exceeding one hundred fifty days, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this Title is committed or continued by such person, firm or corporation and shall be punishable as herein provided. (Ord. 635, 1950: 1949 Code § 9109.2). • L J • Page 171 ENFORCEMENT Chapter 20.86 20.86.030 DECLARATION OF NUISANCE - ABATEMENT. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this Title, shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Title. (Ord. 635, 1950: 1949 Code § 9109.3). 20.86.040 EFFECT OF REMEDIES. The remedies provided for herein are cumulative and not restrictive. (Ord. 635, 1950: 1949 Code § 9109.4). • • • D E F I N I T I O N S Chapter 20.87 DEFINITIONS Sections: Page 172 DEFINITIONS Chapter 20.87 20.87.010 Effect of Chapter. 20.87.020 Alley. 20.87.030 Automobile Court (Motels). 20.87.032 Automobile Service Station. 20.87.035 Basement. 20.87.040 Boarding House. 20.87.050 Buildable Area. 20.87.060 Building. 20.87.070 Building, Accessory. 20.87.080 Building, Main. 20.87.090 Building Site. 20.87.100 Business, Retail. 20.87.110 Business, Wholesale. 20.87.120 Combining District. 20.87.130 District. 20.87.135 Drive -In and Take Out Restaurant. 20.87.136 Drive -In Facilities. 20.87.140 Dwelling Unit. 20.87.150 Dwelling, Single - Family. 20.87.160 Dwelling, Two - Family Or Duplex. 20.87.170 Dwelling, Multiple. 20.87.180 Family. 20.87.182 Floor Area, Gross. 20.87.184 Floor Area, Net. 20.87.190 Garage Space. 20.87.200 Grade. 20.87.205 Height of Building. 20.87.207 Helicopter. 20.87.208 Heliport or Helistop. 20.87.210 Hotel. 20.87.220 Junk Yard. 20.87.225 Major Automobile Repairs. 20.87.230 Nonconforming Use. 20.87.235 Outdoor Restaurant. 20.87.240 Parking Area. 20.87.250 Parking Lot. 20.87.260 Parking Space. 20.87.265 Restaurant. 20.87.270 Reversed Frontage. 20.87.280 Rooming or Boarding House. 20.87.285 Story. 20.87.290 Street. 20.87.300 Street Line. • 20.87. 310 20.87,320 20.87. 330 20.87,340 20.87. 350 20.87,360 20,87. 370 20.87, 380 20.87. 390 Structure. Structural Alterations. Trailer Court. Use. Use - accessory. Yard. Yard - Front. Yard - Rear. Yard - Side. Paye 173 DEFINITIONS Chapter 20.87 20.87,010 EFFECT OF CHAPTER. For the purpose of this Title, certain terms used herein shall have the meaning assigned to them by this chapter, (Ord. 635 (part), 1950: 1949 Code § 9107.1). 20.87,020 ALLEY. The term "alley" shall mean any public thoroughfare which affords only a secondary means of access to abutting property. (Ord. 635 (part), 1950; 1949 Code § 9107.11). 20.87,030 AUTOMOBILE COURT (MOTELS). The term • "automobile court (motels)" shall mean a group of two or more detached or semi- detached buildings containing guest rooms or apartments, with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommoda- tion of transient automobile travelers. (Ord. 635 (part), 1950: 1949 Code § 9107.12). 20.87.032 AUTOMOBILE SERVICE STATION. The term "Automobile Service Station" shall mean a retail place of business engaged in the servicing of motor vehicles, including those activities and operations as specified in Section 20.70.050, but excluding major automobile repairs. (Ord. 1411 § 1, 1972). 20.87.035 BASEMENT. The term "basement" shall mean that portion of a building between floor and ceiling, which is partly below and partly above grade as defined in this Chapter, but so located that the vertical distance from the floor below is less than the vertical distance from grade to ceiling. (Ord. 1115 (part, 1965: 1949 Code § 9107.121). 20.87.040 BOARDING HOUSE. The term "boarding house" shall mean a dwelling other than a hotel where lodging or lodging and meals for three or more persons is provided for compensation. (Ord. 635 (part), 1950: 1949 Code § 9107.13). 0 Page 174 DEFINITIONS Chapter 20.87 20.87.050 BUILDABLE AREA. The term "buildable area" shall mean the area of a building site, excluding any basic minimum side, front and rear yard spaces, required for buildings three stories or less in height. (Ord. 974 (part), 1961: 1949 Code § 9107.131). 20.87.060 BUILDING. The term "building" shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel. (Ord. 635 (part), 1950: 1949 Code § 9107.14). 20.87.070 BUILDING, ACCESSORY. The term "accessory building" shall mean a subordinate building, the use of which is incidental to that of the main building on the same lot and /or building site. (Ord. 635 (part), 1950: 1949 Code § 9107.15). 20.87.080 BUILDING, MAIN. The term "main building" shall mean a building in which is conducted the principal use of the lot and /or building site on which it is situated. (Ord. 635 (part), 1950: 1949 Code § 9107.16). • 20.87.090 BUILDING SITE. The term "building site" shall mean a lot or parcel of land, in single or joint owner- ship, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this Title, and having its principal frontage on a street, road, highway, waterway or ocean front. Where said building site is comprised of more than one subdivided lot or fraction thereof, no new construction, or alterations to a single family dwelling or duplex in excess of $5,000.00 in any one -year period shall be permitted until such time as the owner of said lots or portions thereof has caused to be executed and recorded a covenant and agreement to hold pro- perty as a single parcel and building site, which shall have been approved by the City Attorney as to form and the Community Development Director as to content, guaranteeing that said lots or fractions thereof will be held and used as a single parcel or building site. In the case of all other forms of development, no new construction, or alterations to existing structures in excess of $5,000.00 in any one -year period shall be permitted until such time as said lots or fractions thereof have been resubdivided into a single parcel or building site. (Ord. 1624 § 1, 1975: Ord. 1547 § 1, 1974: Ord. 845 (part), 1958: Ord. 635 (part), 1950: 1949 Code § 9107.17). • 20.87.100 BUSINESS, RETAIL. The term "retail business" shall mean the retail sale of any article, sub- stance, or commodity for profit or livelihood, conducted within a building but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind. (Ord. 635 (part), 1950: 1949 Code 4 9107.18). • Page 175 DEFINITIONS Chapter 20.87 20.87.110 BUSINESS, WHOLESALE. The term "whole- sale business" shall mean the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials, or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. (Ord. 635 (part), 1950: 1949 Code ! 9107.19). 20.87.120 COMBINING DISTRICT. The term "combining district" shall mean any district in which the general district regulations are combined with those of a "B" or "H" District for the purpose of adding additional special regulations, i.e. R -1 combined with "B" (R -1 -B) increases the area and yard requirements. C -1 combined with "H" (C -1 -H) adds the additional requirement of off - street park- ing. (Ord. 635 (part), 1950: 1949 Code § 9107.20). 20.87.130 DISTRICT. The term "district" shall mean a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height • limits are established for buildings, all as set forth and specified in this Title. (Ord. 635 (part), 1950: 1949 Code § 9107.21). 20.87.135 DRIVE -IN AND TAKE OUT RESTAURANT. The terms "drive -in ", "walk -up" and "take out" restaurants shall mean a place of business which sells food products or bever- ages and which: 1. Delivers such food products or beverages to customers outside of the building in which they are pre- pared by means of a service window, counter or similar method or device, or 2. Delivers such food products or beverages to customers within a building which is designed in such a manner that a majority of the customers will remove such food products or beverages from the building for consump- tion either on the premises or in the immediate vicinity. (Ord. 1266 § 1; August 19, 1968: prior Ord. 1202 § 1; February 14, 1967). 20.87. 136 DRIVE -IN FACILITIES. The term "drive - in facility" shall mean any place of business, excluding gasoline service stations and drive -in restaurants, which transacts any part or all of its business directly with customers within a vehicle. (Ord. 1380 § 1, 1971). • 20.87.140 DWELLING UNIT. The term "dwelling unit" shall mean a building or portion of a building used to house not more than one family. (Ord. 1579 B 1, 1974: Ord. 635 (part), 1950: 1949 Code § 9107.22). Page 176 DEFINITIONS Chapter 20.87 ' 20.87.150 DWELLING, SINGLE- FAMILY. The term "single- family dwelling" shall mean a detached building containing one dwelling unit. (Ord. 1579 § 2, 1974: Ord. 635 (part), 1950: 1949 Code § 9107.23). 20.87.160 DWELLING, TWO- FAMILY OR DUPLEX. The term "two- family dwelling" or "duplex dwelling" shall mean a building containing two dwelling units. (Ord. 1579 § 3, 1974: Ord. 845 (part), 1958: Ord. 635 (part), 1950: 1949 Code 9 9107.24). 20.87.170 DWELLING, MULTIPLE. The term "multiple dwelling" shall mean a building or group of associated buildings each of which contains three or more dwelling units. The term shall include apartments, apartment hotels, attached dwellings, etc. (Ord. 1579 § 4, 1974: Ord. 635 (part), 1950: 1949 Code § 9107.25). 20.87.180 FAMILY. The term "family" shall mean (1) an individual or two or more persons related by blood, marriage or adoption; or (2) a group of not more than four persons who are not related by blood, marriage or adoption; or (3) a combined group of related and unrelated persons ' where the total number of related and unrelated persons does not exceed four, living together as a single housekeep- ing unit in a dwelling unit. (Ord. 1579 § 5, 1974: Ord. 1173 § 1, 1966: Ord. 635 (part), 1950: 1949 Code § 9107.26). 20.87.182 FLOOR AREA, GROSS. "Gross Floor Area" is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (Ord. 1404 § 1, 1971). 20.87.184 FLOOR AREA, NET. "Net Floor Area" is 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. (Ord. 1404 9 2, 1971). 20.87.190 GARAGE SPACE. The term "garage space" shall mean an accessible and usable covered space of not less than 9 feet clear width, inside measurements, by 20 feet, clear length, inside measurements, for the parking of automobiles off the street, such space to be located on the lot so as to meet the requirements of this Title for any accessory building. Any such garage space to be so located on the front one -half of a lot shall have side walls, roof, and an operating garage door for access of automobiles. (Ord. 845 (part), 1958: 1949 Code 9 9107.27). Page 177 DEFINITIONS Chapter 20.87 • 20.87.200 GRADE. For the purpose of measuring height, the grade shall be natural grade unless the Planning Commission approves a grading plan or map, or a grading permit has been issued on or before the effective date of this ordin- ance (October 12, 1972), under which circumstances grade shall be finished grade as shown on the plan or map so approved or on the plan for which the permit was issued. In a case where natural grade or finished grade as referred to herein is, in the judgment of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way as to insure that the intent or purpose of Chapter 20.02 is fulfilled. (Ord. 1454 (part), 1972: Ord. 1404 § 2, 1971). 20.87.205 HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure directly above, provided that a roof shall be measuared to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the permitted height in the height limitation zone. (Ord. 1454 (part), 1972; Ord. 1115, 1965: Ord. 635, 1950: 1949 Code § 9107.28). • 20.87.207 HELICOPTER. The term "helicopter" shall mean any rotocraft which depends principally for its support and motion in the air upon lift generated by one or more rotors that rotate on substantially vertical axes. (Ord. 1127, 1965: 1949 Code § 9107.281). 20.87,208 HELIPORT OR HELISTOP. The term "heliport" or "helistop" shall mean any area designed, used or intended to be used for the landing or taking off of helicopters, including all appurtenant areas, buildings and facilities. (Ord. 1227, 1965: 1949 Code § 9107.282). 20.87.210 HOTEL. The term "hotel" shall mean any building or portion thereof containing six or more guest rooms, used, designed or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation whether the compensation for hire to be paid directly or indirectly. (Ord. 635, 1950: 1949 Code § 9107.29). 20.87.220 JUNK YARD. The term "junk yard" shall mean the use of more than one hundred square feet of the area of any lot or the use of any portion of that half of any lot, which half adjoins any street, for the storage of junk, • including scrap metals or other scrap materials or for the dismantling or "wrecking" of automobiles or other vehicles, or machinery whether for sale or storage. (Ord. 635, 1950: 1949 Code § 9107.30). • Page 178 DEFINITIONS Chapter 20.87 20.87.225 MAJOR AUTOMOBILE REPAIRS. The term "Major Automobile Repairs" shall mean any extensive work involving the disassembly and /or overhaul of the engine, clutch, transmission or differential. Also, body, frame and fender repair, painting, welding, upholstery work, tire recapping, glass replacement or similar activities shall be considered as major repair work (Ord. 1411 § 2, 1972). 20.87.230 NONCONFORMING USE. The term "nonconforming use" shall mean a use that does not conform to the regulations for the district in which it is situated. (Ord. 635, 1950: 1949 Code § 9107.31). 20.87.235 OUTDOOR RESTAURANT. The term "outdoor restaurant" shall mean a place of business which sells or serves food products or beverages for consumption on the premises where such place of business is located, and which provides for, or permits consumption of, such food products or beverages out -of -doors other than on an incidental basis. (Ord. 1505 § 2, 1973: Ord. 1202 § 2, 1967). 20.87.240 PARKING AREA. The term "parking area" shall mean an off - street parking area containing fewer than • five spaces. (Ord. 1031, 1963: Code § 9107.311). 20.87.250 PARKING LOT. The term "parking lot" shall mean an off - street parking facility containing five or more parking spaces. (Ord. 1031, 1963: 1949 Code § 9107.312). 20.87.260 PARKING SPACE. The term "parking space" shall mean an accessible and usable off - street parkin 9 space. (Ord. 1031, 1963: Ord. 635, 1950: 1949 Code § 9107.32). 20.87.265 RESTAURANT. The term "restaurant" shall mean a place of business which sells or serves food products or beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than 25% may be permitted out -of -doors on a patio, deck or terrace that is integrated into the building design. (Ord. 1505 § 1, 1973). 20.87.270 REVERSED FRONTAGE. The term "reversed frontage" shall mean a key lot or the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot and fronting on the street which intersects the street upon which the corner lot fronts and /or which faces the street upon which the side of a corner lot abuts. (Ord. 635, 1950: 1949 Code § 9107.33). 20.87.280 ROOMING OR BOARDING HOUSE. The term "rooming or boarding house" shall mean a dwelling other than a hotel where lodging and /or meals for three or more persons are provided for compensation. (Ord. 635, 1965: 1949 Code § 9107.34). Page 179 DEFINITIONS Chapter 20.87 • 20.87.285 STORY. The term "story" shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building includ- ed between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story. (Ord. 1481 § 1,1972: Ord. 1173 § 1, 1966: Ord. 1115, 1965: 1949 Code § 9107.341). 20.87.290 STREET. The term "street" shall mean a public or private thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thorough- fare except an alley as defined herein. (Ord. 635, 1950: 1949 Code § 9107.35). 20.87.300 STREET LINE. The term "street line" shall mean the boundary line between a street and property. (Ord. • 635, 1950: 1949 Code § 9107.36). 20.87.310 STRUCTURE. The term "structure" shall mean anything constructed or erected, the use of which required location on the ground or attachment to something having location on the ground. (1949 Code § 9107.37 added by Ord. 635; December 12, 1950). 20.87.320 STRUCTURAL ALTERATIONS. The term "structural alterations" shall mean any change in the supporting members of a building, such as bearing walls, columns, beams or girders. (1949 Code § 9107.38 added by Ord. 635; December 12, 1950). 20.87.330 TRAILER COURT. The term "trailer court" shall mean land or premises used or intended to be used, let or rented for occupancy by or of trailers or movable dwellings, rooms or sleeping quarters of any kind. (1949 Code § 9107.39 added by Ord. 635; December 12, 1950). 20.87.340 USE. The term "use" shall mean the purpose for which land or premises of a building thereon is designed, arranged, or intended or for which it is or may be occupied or maintained. (1949 Code § 9107.40 added by Ord. 635; December 12, 1950). 0 Page 180 DEFINITIONS Chapter 20.87 20.87.350 USE - ACCESSORY. The term "use- accessory" shall mean a use incidental and accessory to the principal use of a lot or a building located on the same lot. (1949 Code § 9107.41 added by Ord. 635; December 12, 1950). 20.87.360 YARD. The term "yard" shall mean an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted. (1949 Code 5 9107.42 added by Ord. 635; December 12, 1950). 20.87.370 YARD - FRONT. The term "front yard" shall mean a yard extending across the front of the lot between the inner side yard lines and measured from the front property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the front of the lot faces, then such yard shall be measured from such official plan line. (1949 Code 9 9107.43 added by Ord. 635; December 12, 1950 as amended by Ord. 932; August 8, 1960). • 20.87.380 YARD - REAR. The term "rear yard" shall mean a yard extending across the full width of the lot and measured from the rear property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the rear of the lot faces, then such yard shall be measured from such official plan line. (1949 Code § 9107.44 added by Ord. 635; December 12, 1950 as amended by Ord. 932; August 8, 1960). 20.87.390 YARD - SIDE. The term "side yard" shall mean a yard extending from the front property line of the lot to the rear yard and measured from the side property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the side of the lot faces, then such yard shall be measured from such official plan line. (1949 Code § 9107.45 added by Ord. 635; December 12, 1950 as amended by Ord. 932; August 8, 1960).