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HomeMy WebLinkAbout9721 - Harbor View Hills Planned Community Development Plan• RESOLUTION NO. 9721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE PLANNED COMMU- NITY DEVELOPMENT PLAN FOR HARBOR VIEW HILLS TO PERMIT THE EXPANSION OF AREA NO. 8 (BAYWOOD APARTMENTS) OF THE PLANNED COMMUNITY FOR ADDITIONAL MULTI - FAMILY RESIDENTIAL UNITS, AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT WHEREAS, Section 20.51.045 of the Newport Beach Municipal Code provides that final amendments to a Planned Community Development Plan must be approved by a resolution of the City Council setting forth full particulars of the amendments; and WHEREAS, the Planning Commission conducted a public hearing on January 10, 1980, at which time it con- sidered certain amendments to the Planned Community Develop- ment Plan for Harbor View Hills to permit the expansion of Area No. 8 (Baywood Apartments) of the Planned Community for additional multi - family residential units; and WHEREAS, at said public hearing the Planning Commission adopted Resolution No. 1048 recommending to the City Council that certain amendments to the Planned Commu- nity Development Plan for Harbor View Hills, as set forth in Exhibit "A" attached hereto and by this reference made a part hereof, be adopted; and WHEREAS, the City Council finds and determines that said amendments to the Planned Community Development Plan for Harbor View Hills as set forth in said Exhibit "A" are desirable and necessary; and WHEREAS, the City Council has conducted a public hearing on the proposed amendments in accordance with all provisions of law, • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby approves the proposed amendments to the Planned Community Development Plan for Harbor View Hills to permit the expansion of area No. 8 (Baywood Apartments) by the addition of multi - family residen- tial units. BE IT FURTHER RESOLVED that the environmental document is hereby accepted. ADOPTED this 11th ATTEST: City Clerk E AST ORIGINAL .�� -.. ._......... CITY CLERK OF THE CITY OF NtVfiCRT ' ACH FEB ] _.L12M day of February , 1980. paa� Mayor -2- HRC /kv 2/13/80 f I 1 _i I - _1 i I t 1 r ;r r 0 ASLE OF CONTENTS Page INTRODUCTION i SECTION I STATISTICAL ANALYSIS 2 SECTION II GENERAL 3 SECTION III DEFINITIONS 6 Paragraph 1 Cluster or Townhouse Development 6 Paragraph 2 Conventional Subdivision on a Planned Community Concept 6 SECTION IV L014 MEDIUM DENSITY RESIDENTIAL AREAS 1, 2, 3, 4 A \'D 7 7 Sub- Section A Permitted uses 7 Sub- Section B Average Area Per Dwelling 7 Sub - Section C Maximum Building Height 7 Sub - Section D Setbacks from Streets 8 Sub - Section E Setbacks from Property Lines 8 Sub- Section F Parking 9 Sub- Section G Maximum Site Area Coverage 9 Sub - Section H Architectural Features 9 SECTION V HILLSIDE LOW MEDIUM DENSITY RESIDENTIAL AREA 9, 10, AND 12 10 Sub- Section A Permitted Uses 10 Sub - Section B Minimum Lot Size 10 Sub - Section C Maximum Building Height 11 Sub- Section D Setbacks from Streets 11 Sub- Section E Setbacks from Property Lines 11 Sub- Section F Fences, Hedges and Walls 12 Sub- Section G Trellis 12 Sub- Section H Parking 12 Sub- Section I Maximum Site Area Coverage 12 Sub - Section J Architectural Features - 12 SECTION VI HILLSIDE LOP MEDIUli DENSITY RESIDENTIAL AREA 11 13 Sub- Section A Permitted Uses 13 Sub - Section B ''4inimum Area Per Dwelling Unift ` -' -'- 13 Sub- Section C Maximum Building Height 13 Sub- Section D Setbacks from Streets 14 Sub - Section E Setbacks from Property Lines 14 Sub - Section F Fences, Hedges and Walls 15 Sub - Section G Trellis 15 Sub- Section H Parking 15 Sub- Section I Maximum Site Area Coverage 15 Sub- Section J Architectural Features 15 SECTIoNt VII MEDIUM HIGH DENSITY RESIDENTIAL AREAS 8 AND 13 16 Sub - Section A Permitted Uses 16 Sub- Section B Minimum Lot Size 16 Sub - Section C Maximum Building Height 15 Sub- Section D Setbacks from Streets 16 Sub - Section E Setbacks from Property Lines 17 Sub - Section F Parking 17 Sub - Section G Maximum Site Area Coverage 18 Sub - Section H Signs i8 Sub - Section I Fences, Hedges, Walls 18 r 0 r 'r Page SECTION VIII COMMERCIAL, AREA 14 19 Sub - Section A Permited Uses 19 Sub- Section B Minimum Site Area 19 Sub - Section C Maximum Building Height 19 jt Sub- Section D Setbacks 19 Sub- Section E Landscaping 19 Sub - Section F Parking - - 20 Sub - Section G Signs 20 Sub - Section H Sign Standards 21 SECTION IX COMMUNITY FACILITIES, ALL AREAS 22 -� Sub- Section A Permitted Uses 22 Sub - Section B Maximum Building Height 22 Sub - Section C Setbacks 22 Sub - Section D Landscaping 22 l Sub - Section E Screening 23 Sub- Section F Parking 23 i SECTION X SIGNS 24 iF i� J ,4) i INTROOUCTION The Harbor View Hills, Amendment 11 , PC (Planned Community) District for the City of Newport Beach has been developed in accordance with the proposals of the South Irvine Ranch Ceneral Plan. The area is considered appropriate for residential development. I The purpose of this PC (Planned Community) District is to provide a method whereby property may be classified and used for residential development, utili- zing a variety of housing types and densities, and other community facilities compatible therewith. The specifications of this district are intended to t provide flexibility for both the land use and development standards in planned building groups. Except as expressly stated within the text of this PC (Planned Community) ' ordinance, all applicable provisions and requirements of the City of Newport Beach Zoning Law shall apply.: `i i t —1— 0 I 1 I 0 LEGEND LOW MEDIUM AND HILLSIDE LOW MEDIUM DENSITY RESIDENTIAL E ON MEDIUM HIGH DENSITY RESIDENTIAL ® COMMERCIAL 0 SCHOOL PARK AND OPEN SPACE '.�..'. RESERVOIR HARBOR VIEW HILLS Amendment No.11 O V� "' :`,^�+"' °Y""J'-';�"°"'�' ✓"P' °.' LHTDUSE PLAN JUwE iv I r 1 t i t s 1 S SECTION 9. STATISTICAL ANALYSIS Elementary 5 HARBOR VIEW HILLS Park & Open 6 21.5 Space 15 41.0 RESIDENTIAL - Reservation 26.1 SUBTOTAL T��ne Area Acres Du. /Ac. Du. Per /Du. Population Low Medium 1* 28.1 4.1 115 3.6 414 Density 2* 78.1 4.0 317 3.6 1141 3* 32.4 3.5 114 3.6 410 4* 43.8 4.3 190 3.6 684 7* 79.3 4.3 340 3.6 1224 SUBTOTAL 261.7 1076 3873 Hillside Low 9* 51..5 2.6 133 3.6 479 Medium Density 10* 104.0 2.2 216 3.6 777 11 152.5 2.4 372 3.6 1339 12* 40.0 3.0 119 3.6 428 SUBTOTAL 348.0 840 3023 :Medium /High 8 34.7 - 13.3 460 2.0 920 Density 13* 10.7 5.9 64 2.0 128 SUBTOTAL 45.4 524 1048 SUPPORT_ FACILITIES Commercial 14 8.6" Elementary 5 10.0 Park & Open 6 21.5 Space 15 41.0 Former Freeway - Reservation 26.1 SUBTOTAL 107.2 GR-0D TOTAS, 762.3 2440 7944 For information purposes only. The statistics are based upon gross acreage and do not reflect the land area lost to street construction. Estimation of street areas cannot be accurately determined until preparation of subdivision maps. * Portion of the adopted Harbor View PC (Planned Cornunity) ordinance amended to reflect actual construction figures. -2- c: 0 T i� I • SECTION ION Ai. GENEPAL An estimated population of 7,944 persons is anticipated for the total planning area. This figure has been used for estimating community faci- lities. Schools The community of Harbor View Hills presently falls within two (2) unified school districts. The area located west of San Miguel Drive, the Newport - Mesa Unified School District provides school facilities. The area east of San Miguel Drive, is served by the Irvine Unified School District and the Newport -Mesa Unified School District. In an effort to anticipate the maximum number of school students to be generated by the total community, highest student per unit factor was applied. The following figures represent a project total student enrollment based upon actual numbers of dwelling units or anticipated number of dwelling units to be constructed based upon net acreage. Tvpe Elementary (K -6) SUB IOTA Junior High (7 -8) SUB TOTAL Senior High (9 -12) SUB TOTAL. AREA 1 NEWPORT -MESA UNIFIED SCHOOL DISTRICT Students/ Dwelline Unit SFD .55 MF .O8 SFD .30 ME .04 SFD .35 MF .O8 Dwelling Units 1,076 460 1,076 460 1,076 460 Students 592 37 629 323 18 341 377 37 414 These generation factors are based on actual attendance from these homes and multi - family projects. These numbers reflect actual construction figures. -3- i An estimated population of 7,944 persons is anticipated for the total planning area. This figure has been used for estimating community faci- } lities. Schools The community of Harbor View Hills presently falls within two (2) unified school districts. The area located west of San Miguel Drive, the Newport- Mesa Unified School District provides school facilities. The area east of San Niguel Drive, is served by the Irvine Unified School District and the _ Newport -Mesa Unified School District. In an effort to anticipate the I maximum number of school students to be generated by the total community, highest student per unit factor was applied. { The following figures represent a project total student enrollment based. 11 upon actual numbers of dwelling units or anticipated number of dwelling units to be constructed based upon net acreage. AREA 1 NEWPORT -MESA UNIFIED SCHOOL DISTRICT j These generation factors are based on actual attendance from these homes j and multi- family projects. ` These numbers reflect actual construction figures. l J -3- r • Students/ Dwelling T,Qe Dwelling Unit Units Students Elementary (K -6) SFD .55 1,076 592 Mr .08 460 37 SUB TOTAL 629 Junior High (7 -8) SFD .30 1,076 323 HF .04 460 18 SUB TOTAL 341 Senior High (9 -12) SFD .35 1,076 377 MF .08 460 37 j SUB TOTAL 414 j These generation factors are based on actual attendance from these homes j and multi- family projects. ` These numbers reflect actual construction figures. l J -3- r • AREA 2 NEWPORT -MESA UNIFIED SCHOOL DISTRICT and 1 IRVINE UNIFIED SCHOOL DISTRICT NOTE: The table below is based on the Newport -Mesa Unified School District y generation figures and class structure. Students/ Dwelling Type Dwelling Unit Units Students Elementary (K -6) SET! .55 840 462 MF .51 64 33 SUB TOTAL 495 Junior High (7 -8) SFD .30 840 252 " MF .28 64 18 SUB TOTAL - 270 Senior High (9 -12) SET! .35 840 294 MF .30 64 19 SUB TOTAL 313 TOTAL - AREA 1 AND AREA 2 Elementary (K -6) 1,124 Junior High (7 -8) 611 Senior High (9 -12)- _...7;27 One (1) elementary school site exists within this community. Recreation Park and open space areas totaling approximately 62.5 acres serve the recreational needs of the residents of Harbor View Hills. This acreage figure does not include the facilities provided by the elementary school j site. A total of 21.5 acres of park and open space has been provided to j serve the residents in Areas 1, 2, 3, 4, 7 and 8 and an additional 41.0 acres is proposed for residents in Areas 9, 10, 11 and 12. Additionally, private recreational facilities have been developed as a part of each apartment complex to satisfy the needs of persons living in said areas. Design of the recreational areas for the apartment complexes is subject to the review and approval of the Director of Parks, Beaches and Recreation of the City of Newport Beach. ` -4- } I } t 1) In accordance with the adopted City Council policy, maintenance of public facilities will be performed by the City of Newport Beach. All private open and recreational areas within the development boundaries will be maintained by a private community association established by and consisting of home owners within the subject development. Commercial An 8.6 acre neighborhood shopping complex serves the residents of the Planned Community of Harbor View Hills. This center provides goods and services neces- sary to meet the requirements of the community. or Uniform Building Code No portion of this text withstanding, all construction within this Planned Community shall comply with the regulations of the Uniform Building Code as adopted by the City of Newport Beach. onforming Structures Structures which were constructed prior to the adoption of Amendment No. 9 of this Planned Community (June 1976) and which become nonconforming because of the changes to the setback requirements may be altered, remodeled, or expanded without first securing a modification, provided that all.new construction comply with the revised setback requirements. —5— 'i .k • SECTION 111. OEFINITIONS The following definitions refer to the permitted uses described in the Develop- ment Standards contained in this ordinance. 1. Cluster or Townhouse Development _ A combination or arrangement of attached or detached dwellings and their accessory structures on contiguous or related building sites where the yards and open spaces are combined into more desirable arrangements of open space and where the individual sites may have less area than the required average for the district but the density of the overall development meets the required standard. Z. Conventional Subdivision on a Planned Community Concept A conventional subdivision of detached dwellings and their accessory structures on individual lots where the lot size may be less than the required average for the district but where the density for the entire subdivision meets the required standards and where open space areas are provided for the enhancement and utilization of the overall development. S-M i ` � I i SECTION IV. LOW MECIUM ®ENSITY IRESI®ENT1AL AREAS Is 28 3s 41 & 7 These areas are intended to provide primarily for single family residential housing and related community facilities developed under generally level topographic conditions. A. Permitted Uses 1. Single family dwellings, detached and attached. 1 2. Conventional subdivisions and conventional subdivisions on a Planned Community concept. 3. Cluster developments, subject to the approval of a Use Permit. i 4. Parks, playgrounds, Pecreation or open space and green areas, riding, hiking and bicycle trails and related facilities of a non — commercial nature. 5. Accessory buildings, structures and uses where related and incidental to a permitted use. _ 5. One (1) on —site 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. 7. Community recreational facilities and structures, subject to the development standards contained in Section IX, Community Facilities, of this ordinance. B. Average Area Per Dwelling An average area of 7,000 square feet shall be provided for each dwelling unit in Areas 1, 2, 3, 4, and 7. For the purpose of this section, average area per dwelling shall mean the average of all developed areas (to include parks, recreational and permanent open space) exclusive of areas dedicated for vehicular rights —of —way divided by the total number of dwelling units. tr C. Maximum Building Height All buildings shall comply with the height restrictions established by the City for this area. If no height limits have been established for this a area, then the maximum height of all buildings shall be thirty —five (35) feet and two (2) stories, and shall be measured in accordance with the Newport Beach Municipal Code. i J —7— J 1 D. Setbacks from Streets The following setbacks shall apply to all structures (not to include garden walls or fences) adjacent to dedicated vehicular rights -of -way. Said setbacks are to be measured from the ultimate right -of -way line. Prior to the issuance of building permits, a map shall be submitted to the Community Development Director indicating the setbacks of all -{ structures proposed in the development. The Community Development it Director shall review said map in view of setbacks listed in this ordinance and /or sound planning principles and shall either approve, _ modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. Setback from Ultimate Street Designation - Right -of -Way Line Major 15' 4 Primary 10' Local Collector* 10' Local Collector 5' Local Street 5' * With center median F. Setbacks from Prooerty Lines All setbacks listed under this section refer to all property lines not affected by the requirements of Sub - Section D above. T 1. Side Yards VV There shall be a minimum side yard setback of five (5) feet. 2. Rear Yards There shall be a minimum rear yard setback of ten (10) feet. 1 i� 1 s 3. Fences, Hedges and Walls Limited to a maximum height of eight (8) feet, except for the area within five (5) feet of the front property line, where they shall be limited to three (3) feet. Wing walls, where an extension of a residential or accessory structure may be eight (80 feet in height. At street intersections, no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right -of -way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right -of -way lines prolonged. 150 4. Trellis Open trellis and beam construction shall be permitted to attach the garage or carport to the dwelling and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side yards, the maximum height shall be eight (8) feet. F. Parking - I Parking for residential uses in Areas 1, 2, 3, 4, and 7 shall be in the form of not less than two (2) garage spaces per family unit. t S G. Maximum Site Area Coverage S For aggregate building coverage, the maximum shall be 60 percent of any lot. H. Architectural Features tArchitectural features, limited to cornices or eaves, may extend two and one —half (2 -1/2) feet into any front, side or rear yard setback. 1� l R 4 _j t SECTION V. HILLSIDE LOW MEDIUM DENSITY RESIDENTIAL I AREAS S910,&12 This area is intended to provide primarily for single family residential housing and related community facilities developed under hillside topographic conditions. -� A. Permitted Uses - 1. Single family dwellings, detached and attached. 2. Conventional subdivisions and conventional subdivisions on a Planned Community concept. - 3. Cluster developments, subject to the approval of a Use Permit. 4. Parks, playgrounds, recreation or open space and green areas, riding, _ hiking and bicycle trails and related facilities of a non - commercial nature. - 5. Accessory buildings, structures and uses where related and incidental to a permitted use. 6. One (1) on -site 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. li 7. Community recreational facilities and structures, subject to the 7 development standards contained in Section IX, Community Facilities, of 4 dais ordinance. 8. Signs contained in Section X, Signs, of this ordinance, subject to the criteria contained in said section. B. Minimum Lot Size - - A minimum lot size of 6,000 square feet shall be provided. However, an SSS average area of 7,000 square feet shall be provided for each dwelling unit. For the purpose of this section, average area per dwelling shall mean the ~r average of all developed areas (to include parks, recreational and permanent j open space) exclusive of areas dedicated for vehicular rights -of -way divided by the total number of dwelling units. 1 1 f -10- s I J 1 t f C. Maximum Building Height All buildings shall comply with the height restrictions established by the City for this area. If no height limits have been established for this area, then the maximum height of all buildings shall be thirty —five (35) feet and two (2) stories, and shall be measured in accordance with the Newport Beach Municipal Code. D. Setbacks from Streets The following minimum setbacks shall apply to all dwelling structures (not to include garden walls or fences) adjacent to streets. Said setbacks are to be measured from the ultimate right —of —way line. However, the Community Development Director may, upon submittal of a tenta- tive subdivision map, review said map in view of setbacks listed in this ordinance and /or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Comis- sion for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. Street Designation Major and Primary Local Collector Local Street Setback from Ultimate Rinht— of —Wav Line 20' 10' 10' Garage and carports shall conform to the building setback requirements above except that when the garage or carport faces the access street, a setback of five (5) feet or a minimum of twenty (20) feet .shall be observed. Said setback shall be measured from back of curb, or in the event sidewalks are constructed, from back of sidewalk. E. Setbacks from Propertv Lines All setbacks listed under this section refer to all property lines not affected by the requirements of Sub — Section D above. Dwellings may orient toward the streetside property line or the opposite property line in order to take advantage of view conditions. The minimum setbacks shall be: Rear or Front Yard Ten (10) feet. Side Yard Five (5) feet, provided that a minimum of ten (10) feet is provided between a structure on the immediately adjacent lot. —11— s 4 4 The above standards shall be required except that structures which abut a 1 plaza, park, mall or other permanent open green space may abut the common ` property line and have openings onto same, provided the open spaces are not publicly owned. F. Fences, Hedges and Walls Fences shall be limited to a maximum height of eight (8) feet. Said fences are allowed in all setback areas, except in the view site setback where fences shall not exceed a height of six (6) feet and shall be open wrought iron or glass and further provides that no such appurtenance shall be placed 'y closer than four (4) feet to any sidewalk or eight (8) feet from face of Scurb in the the event no sidewalk is provided. Where the fence is required to protect a swimming pool, the fence shall be constructed so as to meet the recuirements of the Uniform Building Code for pool safety. Wing walls, where an extension of a residential or accessory structure, may be eight (8) feet in .height. At street intersections (to include driveway intersections with streets) , no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right —of —way lines and a connecting line drawn between points thirty (30) 7 feet distant from the intersection of the right —of —way lines prolonged. I G. Trellis _ Open trellis and beam construction shall be permitted to attach the garage or carport to the dwelling and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side yards, the maximum height shall be eight (8) feet. These areas shall not be considered y in calculating lot area coverage; however, trellis areas shall not exceed 20 ((11 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 ercent of the total, trellis „area as,o en, space for.the penetration of light and air to areas which it covers. H. Parking Parking for residential uses in Areas 9, 10, and 12 shall be in the form of not less than two (2) garage spaces per family unit. Guest parking in cluster developments shall be as required in a use permit. I. Maximum Site Area Coverage For aggregate building coverage, the maximum shall be 50 percent of any lot. For the purpose of this ordinance, coverage shall include all areas under roof but shall not include trellis areas. J. Architectural Features —12— L] Architectural features, limited to cornices or eaves, may extend two and \ 1 one —half (2 -1/2) feet into any front, side, or rear yard setback. —12— L] 1 SECTION VI. HILLSIDE LOW MEDIUM DENSITY RESIDENTIAL AREA 11 This area is intended to provide primarily for single family residential housing and related community facilities developed under hillside topographic conditions. A. Permitted Uses All those uses permitted in Section V of this text subject to the op following development standards therein. 11 2. Cluster or townhouse developments subject to Development Plan review by Planning Commission. 3. Parks, playgrounds, recreation or open space and green areas, riding, hiking and bicycle trails" and related facilities of a non — commercial nature. 4. Accessory buildings, structures and uses where related and incidental to a permitted use. 5. One (1) on —site 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. 6. Community recreational facilities and structures, subject to the devel- opment standards contained in Section IX, Community Facilities, of this ordinance. 7. Signs contained in Section X, Signs, of this ordinance, subject to the criteria contained in said section. B. Minimum Area Per Dwelling Unit -) A minimum lot of 1,500 square feet shall be provided. However, an average 11 area of 4,000 square feet shall be provided for each dwelling unit. For the purpose of this section, average area per dwelling shall mean the average of all developed areas (to include parks, recreational and permanent open I space) exclusive of areas dedicated for vehicular rights —of —way divided by the total number of dwelling units. -13- 4 C. Maximum Building Height All buildings shall comply with the height restrictions established by the City for this area. If no height limits have been established for this area, then the maximum height of all buildings shall be thirty —five (35) ? feet and two (2) stories, and shall be measured in accordance with the P7ewport Beach Municipal Code. -13- 4 D. Setbacks from Streets The following minimum setbacks. shall apply to all dwelling structures (not to include garden walls or fences) adjacent to streets. Said setbacks are to be measured from the ultimate right -of -way line. However, the Community Development Director may, upon submittal of a tenta- tive subdivision map, review said map in view of setbacks listed in this ordinance and /or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commis- sion for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. Setback from Ultimate _ Street Designation Right -of -Way Line Major and Primary 20' Local Collector 5' Local Street 5' Garage and carports shall conform to the building setback requirements above except that when the garage or carport faces the access street, a setback of five (5) feet or a minimum of twenty (20) feet shall be observed. Said setback shall be measured from back of curb, or in the event sidewalks are constructed, from back of sidewalk. E. Setbacks from Property Lines - All setbacks listed under this section refer to all property lines not 1( affected by the requirements of Sub - Section D above. Dwellings may orient toward the streetside property line or the opposite property line in order to take advantage of view conditions. The minimum setbacks shall be: Rear' or Front Yard - 1 Five (5) feet. Side Yard i 1 Five (5) feet, provided that a minimum of ten (10) feet is provided between a structure on the immediately adjacent lot. The above standards shall be required unless one of the following conditions prevails: 1. Structures which abut a plaza, park, mall or other permanent open space may abut the common property line and have openings onto same, provided the open spaces are not publicly owned. 2. Where there are no openings on a given side, that side may be placed on the property line and may abut a structure on an adjoining lot. -14- i I 7 1 F 3. An attached or detached structure, i.e., garage, carport,• etc., may abut a side property line or another structure, provided no openings are located on the abutting surfaces. Fences. Hedees and Walls Fences shall be limited to a maximum height of eight (8) feet. Said fences are allowed in all setback areas, except in the view site setback where fences shall not exceed a height of six (6) feet and shall be open wrought iron or glass, and further provides that no such appurtenance shall be placed closer than four (4) feet to any sidewalk or eight (8) feet from face of curb in the event no sidewalk is provided. Where the fence is required to protect a swimming pool, the fence shall be constructed so as to meet the requirements of the Uniform Building Code for pool safety. Wing walls, where.an extension of a residential or accessory structure, may be eight (8) feet in height. At street intersections (to include driveway intersections with streets), no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right -of -way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right -of -way lines prolonged. G. Trellis open trellis and beam construction shall be permitted to attach the garage or carport to the dwelling and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side yards, the maximum height shall be eight (8) feet. These areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 20 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to areas which it.:covers. - -- -_ H. Parking Parking for residential uses in Area 11 shall be in the form of not less than two (2) garage spaces per family unit. Guest parking in cluster developments shall be as required by the site plan. I. Maximum Site Area Cov For aggregate building coverage, the maximum shall be 100 percent of any lot. For the purpose of this ordinance, coverage shall include all areas under roof but shall not include trellis areas. J. Architectural Features Architectural features, limited to cornices or eaves, may extend two and one -half (2 -1/2) feet into any front, side, or rear yard setback. -15- 0 `f I l� 1 l I� 1 a SECTION V11. MEDIUM HIGH DENSITY RESIDENTIAL AREAS S & 13 These areas are intended to provide for multiple family residential housing and related community facilities developed under hillside topographic conditions. A. Permitted Uses 1. All uses listed in Section IV, Low Medium Density Residential, and Section V, Hillside Low Medium Density Residential, subject to the design standards listed in those sections. 2. Apartments, subject to the design standards listed in Sub-Section B through H of this section. 3. Condominiums. B. Minimum Lot Size A minimum lot size of 7,200 square feet shall be required. However, to determine site density, a minimum average area of 1,200 square feet shall be provided for each dwelling unit in Area 8 and 1,500 square feet shall be provided for each dwelling unit in Area 13. For the purpose of this ordi- nance, average area per dwelling shall mean the average of all developed areas on site (to include parks, recreational and permanent open space), exclusive of areas designated as public streets divided by the total number of dwelling units. C. Maximum Building Height All buildings shall comply with the height restrictions established by the City:'for this area. I €- "noheight limi.tar_ have been established for this area, then the maximum height of all - buildings shall be thirty -five (35) feet and two (2) stories, and shall be measured in accordance with the Newport Beach Municipal Code. D. Setbacks from Streets The following minimum setbacks shall apply to all structures (not to include garden walls or fences) , adjacent to streets. Said setbacks shall be measured from the ultimate right -of -way line. However, the Community Development Director may, upon submittal of a tenta- tive subdivision map or preliminary site plan, review said map or plan in view of setbacks listed in this ordinance and /or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. -16- Street Designation Major and Primary Local Collector Local Street E. Setbacks from Prorerty Lines Setback from Ultimate Rieht- of-T,'av Line 20' 15' 10' All setbacks listed under this section refer to property Lines not affected by the requirements of Sub - Section D above. The minimum setback shall be five (5) feet, except there shall be at least ten (10). feet between structures on adjacent lots and no dwelling or main residential structure shall be closer than ten (10) feet to any other dwelling or main residential structure on the same lot. The above standards shall be required unless one of the following conditions. prevails. 1. Structures which abut a plaza, park, mall or other permanent open green space may abut the common property line and have openings onto same, provided the open spaces are not publicly owned. 2. Detached garage or carports may be located on a property line and need not provide the required ten (10) feet between garage or carport struc- tures on an adjacent lot. F. Parking Off- street parking for apartment uses in Areas 8 and 13 shall be provided as follows: One bedroom and efficiency - 1.5 spaces per apt. unit Two bedrooms - 1.75 spaces per apt. unit Three or more bedrooms - 2.0 spaces per apt. unit A minimum of one (1) parking space per apartment unit shall be covered. Where a fractional figure is found as a remainder in computations made to determine the number of required off- street parking spaces, said fraction shall be rounded upward. j Within one (1) year following 75 percent initial occupancy of the entire Jproject, the developer shall submit to the Department of Community Develop- ment a survey of the actual parking requirements experienced in the project. If the existing amount of on -site parking is insufficient, the Planning �• Commission, after public hearings, may require additional uncovered parking 111 provided the total of all on -site parking shall not exceed 2.0 spaces per apartment unit. If such additional on -site parking is required, the addi- tional spaces shall be provided in accordance with a plan to be presented to 1 the City and subject to the approval of the Director of Community Develop- ment. \ Parking meeting the minimum on -site requirements for each apartment unit J\ shall be provided to the tenants at no extra cost. -17- 10 r � l� 1 r S G. Maximum Site Area Coverage The maximum site coverage permitted shall be 75 percent of the net site area. For the purpose of this ordinance, site coverage shall mean to include all on -site developed areas (including driveways, parking areas, garages, patios, and dwellings) exclusive of on -site open areas or recreational facilities. H. Signs One (1) double or single face ground sign per street frontage shall be allowed in Area 8 and Area 13. Said sign shall not exceed a height of four (4) feet nor an area of thirty -five (35) square feet per face. Said signs may be internally or externally lighted and may list only the name of the project, apartment or apartment complex, and a one (1) or two (2) word statement as to whether or not the project contains vacancies. I. Fences, Hedges and Walls Fences shall be limited to a maximum height of eight (8) feet. Said fences are allowed in all setback areas, except in the view site setback where fences shall not exceed a height of six (6) feet and shall be open wrought iron or glass, and further provides that no such appurtenance shall be placed closer than four (4) feet to any sidewalk or eight (8) feet from face of curb in the event no sidewalk is pro- vided. Where the fence is required to protect a swimming pool, the fence shall be constructed so as to meet the requirements of the Uniform Building Code for pool safety. Wing walls, where an extension of a residential or accessory structure, may be eight (8) feet in height. At street intersections (to include driveway intersections with streets), no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right -of -way lines and a-+ connecting line;4rawn, between points thirty (30) feet distant from the intersection of the right -of -way lines prolonged. - 1 j SECTION VIII. COMMERCIAL AREA 14 This area is intended primarily to provide for the retail, service, office, medical and dental and general commercial facilities necessary to support this community. A. Permitted Uses 1. Retail and service businesses. 2. Administrative and professional offices. 3. Automobile service stations, subject to the approval of a Use Permit. 4. Institutional governmental, civic, cultural and recreational activities. 5. Accessory structures and uses necessary and customarily incidental to permitted uses. 6. Signs contained in,.Section X, Signs, of this ordinance subject to the criteria contained in said section. B. Minimum Site Area A minimum site area of six (6) acres shall be required of the total develop- ment in Area 14. C. Maximum Building Height All buildings shall comply with the height restrictions established by the City for this area. If no height limits have been established for this area, then the maximum height of all buildings shall be thirty —five (35) feet and two (2) stories, and shall be measured in accordance with the Newport Beach Municipal Code. D. Setbacks'"° A minimum ten (10) foot building setback shall be maintained from all property lines with the following exceptions: 1. If the subject site is adjacent to a commercially zoned parcel, no setback shall be required between said parcels. 2. No structure shall be located closer to a residential structure on an adjacent site than a distance equal to twice the height of the commercial structure. E. Landscaping 1. Streets A minimum ten (10) foot continuous landscape area shall be maintained adjacent to all street or highway rights —of —way except for any access drive or pedestrian walkway. Said landscaping shall not exceed thirty (30) inches in height within twenty (20) feet of intersection or access drive. —19— 4 l i _I l� I _1 1� I 2. Interior Propertv Lines A continous visual screen of a minimum width of ten (10) feet shall be maintained adjacent to all interior property lines which abut resi- dential lots. Screening may be provided by means of fences, walls, berms, changes in elevation or plant materials. Where such screening has been provided on the residential side of the property line, this requirement is waived. 3. Parking Areas A minimum 5 percent of the total building site shall be devoted to landscaping, with a minimum 25 percent of that total to be located within the parking areas. F. Parking Parking shall be evaluated based on adopted City requirements in effect at time of development. G. Signs 1. Identification Sign Area: General Standard Only one (1) single or double -faced identification sign shall be permitted per street frontage for each individual business. No sign shall exceed an area equal to one and one -half (1 -1/2) square feet of sign for each one (1) foot of lineal frontage of the building or store. However, no sign shall exceed 200 square feet in area per face. a. Identification Ground Sign An identification ground sign shall not exceed four (4) feet above grade invertical height. Also,'such ground signs in excess of 150 square feet in area (single face) shall not be erected in the first ten (10) feet, as measured from the property line, of any streetside setback. However, the above standards shall not apply�to the Multi- Tenant Director Sign or the allowed signs listed in Section X, Signs, of this ordinance. b. Identification Wall In no event shall an identification sign placed on a wall comprise more than 10 . percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs. Signs painted directly on the surface of the wall shall not be permitted. 2. Pole Sign One (1) identification pole sign per site will be allowed for the following commercial businesses: -20- a. Restaurant b. Cocktail lounge and /or bar ' c. Motel and Hotel i d. Service stations 1 If a pole sign is utilized, it shall be in lieu of other identification signs allowed by ordinance. Pole signs shall he limited to a miximum 1 height of twenty (20) feet and a maximum area of fifty (510) square feet per face, double— faced. 3. Multi— Tenant Director Sign One (1) directory sign listing only the name of the firms or businesses on a site shall be' allowed. Said sign shall be limited to a maximum height of twenty (20) feet. Panels identifying each individual store shall be no larger than one (1) foot in width and five (5) feet in length. 4. Real Estate Si A sign advertising the sale, lease, or hire of the total site shall be permitted in addition to the other signs listed in this section. a Said sign shall not exceed a maximum area of thirty —two (32) sauare.feet and shall be a ground sign or window sign. 5. Additional Sighs Additional signs, as listed in Section X, Signs, of this ordinance shall be permitted according to the criteria contained in said section. H. Sign Standards 1. Signs visible from the exterior of any. building may be lighted, but no signs or any other contrivance shall be devi.sed or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Identification signs shall be restricted to advertising only the person, firms, company or corporation operating the use conducted on the site or the products produced or sold thereon. 3. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and /or the pictorial symbol and calculating the area enclosed by such line. 4. All signs attached to the building shall be flush mounted. —21— c i l� l SECTION !X. COMMUNITY FACILITIES ALL AREAS The following regulations apply to the development of public and private community facilities. Prior to the issuance of .a building permit, plot plans, elevations and any other such documents deemed necessary by the Community Development Director shall be subject to the review and approval of the Community Development Director. A. Permitted Uses The following uses, provided they are in conjunction with private community recreational facilities and not commercial- in nature, shall be allowed. Similar uses of a commercial nature.shall be allowed subject to the granting of a conditional use permit. 1. Schools, churches, libraries,. community centers, civic or cultural facilities; such as art galleries, museums, music centers, etc., and establishments for the care of pre - school children. 2. Parks, playgrounds, recreation or open green areas, riding, hiking and bicycle trails and related facilities. 3. Accessory buildings, structures and uses related and incidental to a permitted use. 4. Signs identifying or giving directions to permitted uses and facilities. No sign shall exceed thirty -five (35) square feet in area. B. Maximum Building Height All buildings shall comply with the height restrictions established by the City�`for this area. If* "Tto "height limits ;vh' ave. -been established for this area, then the maximum height of all buildings shall be thirty -five (35). feet and two (2) stories, and shall be measured in accordance with the Newport Beach Municipal Code. - C. Setbacks Twenty -five (25) feet from all residential property lines, and ten (10) feet from any streetside property lines. No structure shall be located closer to a residential structure on an adjacent site than a distance equal to twice the height of the non - residential building. The height of the non - residential structure above the grade elevation of the residential site shall apply. Structures which abut a plaza, park, mall, greenbelt or other permanent open space may abut the common property lines. D. Landscaping Ten (10) percent of the building site shall be landscaped with a minimum 1 of 10 percent of such landscaping to be located within the parking areas. J -22- i i A minimum of ten (10) feet (depth) of continuous landscaping shall be maintained adjacent to all street or highway rights-of-way, except for perpendicular access driveways and pedestrian walkways. Landscaping shall not exceed thirty (30) inches in height within ten (10) feet of an inter- , section or access drive. 1 l� E. Screening A continuous visual screen, six (6) feet in height, shall be maintained adjacent to all interior property lines which abut residential lots. Screening may consist of fences, walls, berms, or lineal or group masses of trees and /or shrubbery. F. Parking Parking for community facilities shall conform to the parking requirements of the City of Newport Beach. The Community Development Director shall review said facilities and require the amount of off- street parking deemed appropriate, relative to the intended use and activities of such facilities. —23— i i 1� r] SECTION X. SIGNS The following material represents a portion of the sign program for The Irvine Company. It is the product of extensive technical research encompassing the psychological and physical characteristics of the visual communicative arts. It is an endeavor to both identify and provide for the primary functions of any sign program; that of product identification; providing data about the product; and informing prospective buyers how.and where to purchase that product. The manual is not intended as a substitute for detailed engineering knowledge, experience or judgment. It is intended to provide a quick and graphic repre- sentation of those signs to be allowed on Irvine property and under what conditions said signs shall be allowed. It includes such pertinent data as justification for a particular_ sign, where the sign may be located, how long it may be erected, and fabrication specifications. It is intended that the following sign criteria be utilized as a policy guide- line regulating signs on a uniform basis for all company properties. Sign type letters A, B and C shall be subject to a conditional use permit. Sign type letters D, E, F and G shall be subject to the approval- of the Director of Community Development. -24-