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A01 wait -or Elm" city Att=TAV Revised 3-5-58 NEWPORT BEACH PROPOSED AMENDMENTS TO ZONING ORDINANCE CHAPTER 2 - DISTRICTS Section 9102,0 Add Neighborhood Commercial District or C -N District Add Controlled Manufacturing District or M -1-A District Amend Section 9102.2 The designations, locations and boundaries of the districts established are delineated upon the maps entitled "Districting Map for the City of Newport Beach,.;.Galifornia", dated November 27, 1950, which maps and any additional maps subsequently>Adopted and all notations and information thereon are Dere- by made a part"of.:,this Article by reference. CHAPTER -3 - REGULATIONS R-1 District Section 9103.11 Amend Subsection (b) (b) One accessory building only if constructed simultaneously with or subsequent to the main building on the same lot or building site. Section 9103.15 Ar, nd Subsection (a) and (c) (a) Front yards: Minimum required twenty(20) feet and maximum permitted thirty-five (35) feet, except as may be otherwise indicated on the Districting Maps. Distances shown on Districting Maps are to be measured from front property line. (c) Rear yards: Minimum requirement of ten (10) feet. (Where alleys exist, see Section 9105.4(e). R-2 District Section 9103.21 Add Subsections (c) and (d) (c) Accessory uses normally incidental to single family dwellings or duplexes. This is not to be construed as permitting any commercial uses. (d) One sign not over six (6) square feet in area and pertaining only to the sale, lease or rental of the property upon which the sign is to be located. - 2 - Section 9103.23 Add Subsection (b) (b) For each family unit in any building a minimum of 1200 sq. ft. of land area. Section 9103.25 Amend Subsection (c) (c) Rear yards: Minimum requirement of ten (10) feet. (Where alleys exist, see Section 9105.4(e) R-3 District Section 9103.31 Amend Subsection (c) (c) Signs not over six (6) sq. ft, in area and unlighted, pertaining only to the sale, lease or rental of the property upon which the sign is to be located. Section 9103.32 Amend Subsection (c) (c) Signs larger than six (6) sq. ft. and appurtenant to any use. Section 9103.34 Amend Subsection (a) (a) For main buildings thirty-five (35) feet provided that the height may be increased to a maximum of seventy-five (75) feet upon the obtaining of a use permit in each case. Secti.)n 9103.35 Amend Subsection (b) (b) For each family unit in any building or group of buildings, minimum of 1200 sq. feet of land area. -3 - Amend Subsection (a) (a) Delete words "trailer camps". Section 9103.43 Amend Subsection (a) (a) Accessory uses and buildings normally incidental to any of the above. This shall not be construed as permitting any commercial use or occupation other than those specifically permitted. Section 9103.44 Amend Subsection (a) and (b) (a) For main bu. dings - 50 feet provided the height limit may be increased u, a the obtaining of a use permit in each case. (b) For accessory buildings - 15 feet providing the height limit may be increased upon the obtaining of a use permit in each case. Section 9103.45 Add Subsection (b) (b) For each family unit in any buildings or group of buildings, minimum of 500 sq. ft, of land area may be permitted subject to first securing a use permit in each case. C -N District Section 9103.48 Add Neighborhood Commercial District or C -N District. Section 9103.480. Neighborhood Commercial or C -N District. The following regulations shall apply in all C -N Districts and shall be subject to the provisions of Chapter 5. Section 9103.481. Uses Permitted: (a) Professinnal offices, community centers, social halls, lodges and clubs. (b) Retail stores and personal service establishments within a building, including applicance stores, bakeries (not wholesale), banks, barber shops, beauty parlors, book stores, department stores, drug stores, food shops, hardware stores, nurseries, offices, radio stores, gas- oline service stations, restaurants, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature, -4- (c) One non -flashing sign appurtenant to any permittzd use and not over 35 square feet in area for each side (if two sides are used). Section 9103.482. Luilding Height Limit (a) Maximum height any building -- thirty-five (35) feet, provided that the height limit may be increased to a maximum of seventy-five (75) feet upon the obtaining of a use permit in each case. Section 9103.483. Building Site Area Required (a) For each main building -- minimum two thousand (2000) square feet. Minimum building site frontage required twenty-five (25) feet. Section 9103.484. Yards Required (a) Front Yard -- None, except where the frontage in a block is partially in an "R" District, in which case the front yard shall be the same as required in such "R" District. C-1 District Section 9103.51. Uses Permitted Amend Subsection (a) (a) Multiple dwellings or apartment houses, hotels, motels, boarding houses, professional offices, community centers, social halls, lodges and clubs. Section 9103.52. Uses Permitted, subject to first securing a Use Permit ii, each case. Add Subsection (d) (d) Single family dwellings, duplexes and dwelling groups. C-2 District Add Section 9103.60 (a) Uses permitted in the C-2 District shall be planned, developed and operated in such a manner that noise, smoke, dus�:, 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 detri- mental affect to public health, safety and welfare kad be in harmony with objectives of the Planning of this city. (b) The Planning Comminsion may designate such conditions as it deems necessary to fulfill the purpose of this section and may require such guarantee and evidence that such conditions are being, or will be complied with. AWA -4a- Section 9103.61 Amend Subsection (a) (a) Multiple dwellings or apartment houses, hotels, motels, rooming and boarding hones, professional offices, community centers, social halls and clubs. Section 9103,62. Uses Permitted, subject to first securing a Use Permit in each case. Amend Subsection (b) (b) Single family dwellings, duplexes, dwelling groups and trailer courts. -5- M-1 District Add Section 9103.70 (a) uses permitted in the M-1 District shall be planned, developed and operated in such a wanner 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 affect to public health, safety and welfare and be in harmony with objectives of the planning of this city. (b) The Planning Co=ission may designate such conditions as it deems necessary to fulfill the purpose of this section and may require such guarantee and evidence that such conditions are being, or will, be complied with. Section 9103.73. Uses Prohibited Amend Subsection (a) (a) Auto wrecking, fish canneries and./or reduction grinding and processing plants; drilling for and/or removal of oil, gas, or other hydrocarbon materials; distillation of bones; dumping, disposal, incineration or reduction of 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 slaughter of animals, refining of petroleum or its products, smelting of iron, tin, zinc, or other ores; gunk yards, hog raising, bag manufacture or cleaning, blast furnace or boiler works, breweries, coke ovens, cooperage works, incinerators, cordage mills, foundries, 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 9103.70(a). Unclassified or U District Amend Section 9103.8 The following regulations shall apply in all Unclassified or U Districts and shall be subject to the provisions of Chapter 5. ("U" District 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). M -1-A District - 5 a - manufacturing; boat building within a building; laundry and dry cleaning plants; manufacture of novelties, toys and sinall appliances; medical and dental offices and clinics; other uses which in opinion of Planning Commission are comparable and similar in character with the uses permitted in the District and which comply with the limitations and restrictions specified in this M -1-A Zone, Amend Section 9103.93 Building Height -imit - Fifty (50) feet, provided that the height may be increased, subject to first securing a use permit in each case. Section 9103.96 Amend Paragraph 2. 2. Location and layout of off-street parking area shall be approved by the Architectural Control Committee. CHAPTER IV. COMBINING DISTRICT REGULATIONS Amend Section 9104.1. Combining or "-B" and "H" District Regulations. The following regulations 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" and "H" District Regulations. Section 9104.11 - 9104.12 - 9104.13 - 9104.14 Delete all of above sections. Add the following new sections. Section 9104.11. Building site area, lot 5r�°s MdAW,� setbacks and coverage required �� in B Districts. Combining Min. Bldg. Kin.Lot Min.Lot Min.Front Min.Rear Min.Side Max. Designation Sites Width Lem ya„ rd Yard Yard Cov- Lrage B 6,ono sq.ft. 60' 80' 20'r r 6 607 B-1 7,500 it 751 90' 15' 7' 7' 60% B-2 10,000 n 90, 100, 15110, 1. 10' B-3 20,000..'s' it 100' 150' : 15' 6 B-4 As designated on zoning provided that no requirements beless than 0% 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 front- age when such exists. Section9104.11-1. `There'shall be a minimum of 750 sq. ft. of land areamin- tained uncovered to the rear of the portion of the main dwelling. Section 9104.12. Any banks graded or benched for building sites in "-W, Di — ri_ts wherein cuts are required, leaving banks or slopes of a greater grade than a ratio of 3 to 1 shall be approved by the Planning Commission prior to obtaining a building permit. Section 9104.13. Maximum density permitted in "R" Districts where combined with "-B" District. The following Minimum Building Site Area shall be required for each family unit: _R' R-3 R -k IrB„ 3000 sq. ft. 1500 sq. £t. 1250 s ft. IIB -1" 3000 �� ,� 1500 �� ,� 1250 sq. , "B-2" 3000 �� ,� 2000 "B-3" 3000 �� 1500 " " 200❑ " '� 1500 " Section 9104.14. Change in setbacks. The Planning Commission may approve a change in the setbacks set forth in Section 9104.11 where it is found by the Planning Commission that such change will make for a better planned development, and where such char.^e is in harmony with the Master Plait of the City. Amend Section 9104.2. Combining or "-H" District. Section 9104.21. Uses Permitted: Amend Subsections (a) and (b) (a) Off-street parking on the building site shall be required in all districts with which the "-H&' District is combined, according to the following formula. (1) Retail Stores, 1 parking space for each 100 sq. ft. and 1 loading space for each 10,000 sq. ft. of store floor area. (2) Office Buildings, 1 parking space for each 200 sq. ft. of floor area. (3) Wholesale and industry, 2 parking spaces for each 3 employees, but in no case less than 1 parking space per each 2000 sq. ft. and 1 loading space for each 10,000 sq. ft. of floor area. (4) Restaurants, .1 parking space for,eoch 3 sats: (5) Public Assembly, 1 parsing space for each 5. seats. (6) Theatres, 1 parking space for each 5 seats. (7) Hotels, 1 parking space for each 2 guest rooms. (S) Hospitals, 1 parking space for each bed, and in addition 1 parking space for each resident doctor and each employee. (9) Clinics, 1 parking space for each 100 sq. ft. of floor area, plus 1 additional space for each doctor and each employee. (10) Motels, l parking space for each guest unit. (b) The Planning Commission, on petition, of the property owner, may waive or reduce off-street parking required by the terms of this section under the following conditions: (1) When the proposed use is within 200 feet of a Municipal off- street parking lot deemed sufficient by the Planning Commission to meet the maximum requirements of the area. (2) When the off-street parking requirement causes unnecessary hardship because of the size or shape of lots in single owner- ship and of record on the effective date of this ordinance. -8 - CHAPTER 5. GENERAL PROVISIONS AND EXCEPTIONS Section 9105.2. Height Limits AmendSubsection (b) (b) No fence, hedge or screen planting of any kind shall hereafter be constructed or grown to exceed 6' in height within any required side yard to the rear of the front line of any dwelling or along any rear property line; not to exceed 3' in height along the property line to the front of any dwelling or within 15' of the corner of any inter- secting streets; provided that in subdivisions where lots or building sites are laid out or planned to border a street and overlook a. water- way, beach, bluff or common walkway, 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 buildings, provided that all of the lots in ..a block:conform to this pattern. In all such cases the required setback fra'a the street be .a minimum of 5' and the normal front yard requirements shall apply to the portion of such lots adjacent to any waterway, beach, bluff or common walkway, except that such front yards may exceed maximum permitted of thirty-five (35) feet in residential districts. Section 9105.4. Yards Amend Subsection (a) (a) Architectural features such as cornices or eaves may extend not exceed- ing two and one-half (2�) feet into any required front or rear yard setback. Add to Subsection (c) (c) Marquees, awnings or shades may project from the building into the front yard setback in any "R" Zone, not to exceed five (5) feet from the building nor more than one-half the depth of the required front yard, and be within the required inner side yard lines and have a clearance above grade �,ertically of not less than six feet six inches {6'6"). 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" Zone, not to exceed two and one-half (2k) feet. Amend Subsection (e) (e) In residential areas having alleys ten (101) feet or less in width to the rear of lots or building sites in R-1 or R-2 Districts, rear yard requirements may be measured from the center line of such alley. In residential areas having alleys to the rear of lots or building sites, no.attached or detached garage, fence, hedge, screen planting or ether obstruction shall he 'constructed closer thin 5' to any alley. -9 - Ascend Subsection (f) (f) 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 ordinance applicable to the main building. Unless so attached an accessory building in an "R" District shall be located on the rear one-half Q) of the lot and at least six (b) feet from any dwelling building existing or under construction on the same lot or any adjacent lot, provided that in any "T' 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 detri- mental to adjoining property and further provided that the Planning Commission approves of the elevation and location of said accessory building. Said detached accessory building may built to within one (1) foot of one of the side lot lines. Such'accessory'building shall not be located within five (5) feet of any alley or within five (5) feet of the side line of any alley or within five (5) feet of the side line of the front one-half (k) of any adjacent lot, or in the case of a corner lot, to project beyond the front yard required or existing on the adjacent lot. In the case of a lot abutting on two or more streets, no building shall be erected closer to the property line than the front yard setback, established on either street. In the case of subdivisions where the rear of lots normally border streets and the front of the lots face a common walkway, the main structure and/or accessory buildings may be constructed within five (5) feet of the rear property line. Amend Subsection (g) (g) Every building or portion thereof which is designed or used for any dwelling purpose in any "C" or "fi" District, shall comply with the requirements of such appropriate residential district as is determined by the use to which such "C" or "M" District property is being put; provided, however, that when the entire ground floor of any such building is used for any commercial or manufacturing purpose, the yard provisions specified for such "C" or "N[" District may be applied to the ground floor only. Section 9105.5, Automobile Storage or Parking Space Amend Subsections (b), (d) and (e) (b) Not less than one (1) garage space for each family unit in any duplex, triplex or of any dwelling group of six (5) or less family units. -10- (d) Not less than one (1) parking space for each two (2) guest rooms in any hotel. (e) Not less than two off-street automobile parking spaces, one of which must be a garage space, for each family unit in any dwelling group, multiple dwelling or apartment building containing in excess of six (6) family units. Add Subsections (f) and (g) (f) Not less than two (2) garage spaces per family unit in any residential "B" District. (g) Parking space required for other uses allowed in any "EV" District and not set forth above shall be determined by the Planning Commission and set forth as a condition to the granting of the Use Permit for such use. Section 9105.5, Architectural Control Amend Subsection (a) (a) In case an application is made for a permit for any building or structure in any C -N, "C" or "M" District, said application shall be accompanied by architectural drawings or sketches and plot plans, all to a workable scale, snowing 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 if 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 to impair the desirability of investment or occupation in the neighborhood. (b) The PlaChning Commission may appoint an Architectural Committee of three members, who may be employees in the following departments of the City of Newport Beach, Building Inspection and City Engineer. (c) The Architectural Committee shall have: authority to approve arch- itectural sketches,within the meaning of Section 9105:6 of this Article, 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 Article IX of the Municipal Code of the City of. Newport Beach", shall be approved by the Planning Commission and the City Council, and shall. be on file in the City Building Inspector',s Office. Said drawings"shell show desirable architectural standards, but are..egt designs which arust be copied ire order ;.c secure approval of plans. (d) In case the applicant is not satisfied with -Phe decision of the: Architectural Committee, he may.wi.thin thirty (30) days after such action appeal in writing to the Planning Commission. The Architectural Committee, may it it deems advisable, refer any application for architectural approval to the Planning Commission for its decision. (e) in case the applicant is not satisfied with the action of the Manning Commission, he may within thirty (30) days, appeal in writing to the City Council and said Council shall render its decision within thirty (30) days after the filing of such appeal. (f) No permit shall be.issued in any case hereinabove mentioned until such drawings and sketches have been approved by the Planning 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. Section 9106.21. Application (a) Application for a use permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed building or use. Such application;, shall be accompanied by a fee of $25.00 if a public herring is deemed necessary by the Planning Commission, or $15.00 if no public hearing is required. (b) Where a public hearing is deemed necessary by the Planning Commission they may require the applicant to furnish the Commission a certified list of property owners, as required by Section 9106.22, accompanied by a filing fee of $15.00 in lieu of the $25,00 fee. -12 - Section 9106.22. Public Hearings Amend subsection (b) (b) In case a public hearing is deemed necessary, a notice of such hearing shall be given at least five days prior to such hearing through the mail to all property owners whose names and addresses appear on the .latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of applicants' property. Section 9106.31. Application Amend Section (a) (a) Application for a variance shall be made by the property owners in writing or, a form prescribed by the Planning Commission and shall be accompanied by a €ee'of.$50.00. The Planning Commission may require the applicant to furnish a certified list of property owners as required by Section 9106.32, accompanied by a filing fee of $25.00 in lieu of the $50.00 required ix. subsection (a) above. In either case, the application shall, in addition, be accompanied by a statement, plans and evidence showing: Section 9106.32. Public Hearings Amend subsection (a) (a) A public hearing shall be held within 60, days after filing of the application, notice of which shall be given at least five days prior to such hearing through the mail to all property owners whose names and addresses appear on the latest adopted tax roti as owning prop- erty within a distance of 300 feet from the exterior boundaries of the applicants property. Section 9106.41 Amend: Any zoning permit, use permit or variance granted in accordance with the terms of this Article shall be revoked if not used within one and one- half years from date of approval, unless on approval, the Planning Comm- ission specifies a longer period of time. Section 9106.52 (a), (b), (c) l Amend: (a) The Planning Commission shall hold at least one (1) 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. (b) in case the proposed amendment consists of a change of the boundaries of any district so as to reclassify any property from any district to any other district, the Planning Commission shall give additional notice through the U. S. Mails at least five days prior to the first of any public hearings to all property owners within 300' of the applicant's property, as shown on the last approved assessment rolls of the City. (c) Any failure to mail such notices as aforesaid shall not invalidate any proceedings for amendment of this Article. Section 9107.17. Building Site A lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a rain 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 Article, and having its principal frontage on a street, road, highway, waterway or ocean front. Section 5105.24. Dwelling, Multiple or Apartment Dwellings. Amend Section 9105.24 A building or portion thereof used and designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including automobile courts. Section 9105.27. Garage Space Amend Section 9105.27 An accessible and usable covered space of not less than nine 0) feet, clear width, inside measurements, by twenty (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 Article for an accessory building. Any such garage space to be so located on the front half of a lot shall have side walls, roof, and an operating garage door for access of automobiles. Section 9107.32. Parking Space An accessible and usable space on the building site located off the street with access for parking of automobiles. The size of each space and the acccgs thereto shall be as indicated on the standards for parking layout adopted by the Planning Commission and on file in the Building inspector's Office, FOR'i PEACH PROPOS D M TO ZON3 ®RDw&E L _ R_ 2 - l l TRICTS Section 9102.0 -1 District Section 9103.11 Amend Subsection (b) (b) One accessory building only if constructed simultaneously with or subsequent to the main building on the same lot or building site. Section 9103.15 Amend Subsection (a) and (c) (a) Front yards: Minima required twenty(20) feet and maximMm permitted thirty-five (35) feet, except as may be otherwise indicated an the Districting Maps. Distances shown on Districting Maps are to be measured from front property line. (c) Rear yards: Minimum raquirement of ton (10) fact. (Where allays exist. see Section 9105.4(e). R-2 District Section 9103.21 Add Subsections (c) and (d) (c) Accessory uses normally incidental to single f=Lly dwellings or duplexes. This is not to be construed as permitting any romercial uses. (d) One Sign not. aw►ar. six (6) , square feet is area and p�rtai� e�ly to, t =salep' laaaa! �r rants of property upon c the o is be: ltesd. ' Amend Subsection (c) __ _... l� 4 (c) RE ,x yin requirement of ten (lid) feet. (Where elleq� f exist, see Section 910 ___..._... J A-4 Section 9103.42 Add Neighborhood Commercial District or C -N District. Section 9103.480. Neighborhood Commercial or C -N District. The following regulations shall aAply in all C -N Districts and shall be subject to the provisions of Chapter 5. Section 9103.481. Uses pe=itted7y irtt/ (a) 411-11 sional vAiAL.4 tj' -uuuuxiLLy cenrers, social halls, lodges and clubd. (a) 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 anal/or purified so as to control pollution of air, soiland water to meet the standards or requirements of the Planaing Commission, and in such a manner to eliminate any detrimental affect to public hQalth, safety and welfare and be in harmony with objectives of the planning of this city. (b) The Planning Commission may designate such conditions as it deems necessary to fulfill the purpose of this section and may require such guarantee and evidence that such conditions are being, or will be complied with. 5- (a) coni. materials•, distillation of bones; dumping: disposal, incineration or redection of 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 slaughter of animas, 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, breweries, coke ovens, cooperage works, incinerators, cordage mills, foundries, tanneries, and all other uses which in the opinion of the Planning Commission are of similar nature or may be i—� 'ectionable as provided by Section 9103.70(a). C-2 District Add Section 9103.60 (a). 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 ao as.to control Pollution of aid, soil.and nater to meet .the.standards.or requirements 'ofthe Planning Commission' and in: such a ffianner. $p Llimin$te any detri- meatal affect to public health, ;safety :and welfare And be in harmony with objectives of -the planning 'of this city.' (b) The Planning Ccs ission may designate such conditions as it deems necessary to fulfill the purpose o£ this section and may require such guarantee and evidence that such conditions are being, or will be complied raith. Unclassified or U District --- Amend Section 9x03.8 The following regulations shall apply in all Unclassified or U Districts and shall be subject to the provisions of Chapter 5. ("U" District 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.) rte. 1ON 9103. °ice M,�1-A District)Ib- urOs P4"nvrti�Da a�T✓e�0, Amend Section 9103.93 Building Height Limit - Fifty (50) feet, provided that the height may be increased, subject to first securing a use permit in each ease. Section 9103.96 Section 9104.11. Building site area, lot width, setbacks and coverage required -iri "B" Districts. Combining Mia.Bidg. MinAot Min.Lot Min.Front Min.Rear Min.Side Max. Designation Site Area Width Lente Yard Yard Yard Coverage B 6,000 sq.ft. 60' 80' 20' 6' 6' 60% B-1 7,500 " 75' 90' 15' 7' 7' 50% B-2 10,000,if 90'.:. 100' 15' 10' 10' 60; B-3 20,000 '':.10 100' 150' l5' 10' 1.0, 60% B-4 As designated on Zoning provided that no requirements be lass 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 front- age when such exists, Section 9104.11-1. There shall be a minimum of 750 sq.,ft. of Iandd area: ia- taiaed uncovered to `the rear of .the portion of the twin dwelling. Section 9104.12. Any banks graded or benched for building sites in "-Bit Districts wherein cuts are requwred, leaving banks or slopes of a greater grade than a ratio of 3 to 1 shall be approved by the Planning Commission prior to obtaining a building permit. Section 9104.13. Maximum density permitted in "R" Districts where c0d4Aned with "-B" District. The following Minimum Building Site Area shall be required for each family unit: R& R-3 R-4 "B" 3000 sq. ft. 1500 sq. ft. 1250 sq, ft. „B-1" 3000 „ „ 1500 „ „ lz5o „ „ „B-2" 3000 " �� 2000 �, " 1500 " „ "B-3" 3000 2000 1500 11, Section 9104.14. Change in setbacks. The Planning Commission may approve a change in the setbacks set forth in Section 9104.11 where it is found by the Planning Commission that such change will make for a better planned development, and where such change is in harmony with the Master Plan of the City. Amend Section 9104.2. Combining or "-8" District. Amend Subsections(a) and (b) (a) 0€f -street parking on the building site ahall be required in all districts with which the "-I' District is combined, according to the following formula. (1) Retail Stores, 1 parking space for each 100 sq. ft. and I loading space for each 10,000 sq. ft. of store floor area. (2) Office Builuings, 1 parking space for each 200 sq. ft. of floor area, (3) Wholesale and industry, 2 parking spaces for each 3 employees, but in no case less than 1 parking space per each 2000 eq� ft. and 1 loading space for each 10,0G4 sq ft. of:iEloor area: (4) Restaurants, l parking space for nach.3 sesta. (5) Public Assembly, 1 parking space for each 5 sears. (6) Theatres, 1 parking space for each 5 seats. (7) hotels, 1 parking space for each 2 guest rooms. (8) hospitals, 1 parking space for each bed, and in addition 1 parking space for each resident doctor and each employee. (9) Clinics, 1 parking space for each 100 sq. ft. of floor area, Plus l additional space for each doctor and each employee. (10) Motels, 1 parking space for each guest unit. (b) The Planning Commission, on petition of the property owner, may waive or :educe Off-street parking required by the terms of this section under the following conditions: (1) When the proposed use is within 200 feet of a Municipal off- street parking lot deemed sufficient by the Planning Commission to meet the maximum requirements of the area. (2) When the off-street parking requirement causes unnecessary hardship because of the size or shape of lots in single owner- ship and of record on the effective date of this ordinance. Amend Subsection (b) (b) No fence,hedge or screen planting of any kind shall hereafter be constructed or grown to exceed 6' in height within any required side yard to the rear of the front line of any dwelling or along any rear property line; not to exceed 3' in height along the property line to the front of any dwelling or within 15'.of the corner of any inter- secting.stxeets;,;provided that,,in suhdivisioas where lots or building sites are laid out or pianned.to border.a'street and overlook a water- way,:beach, bluff or cocoon.walkway, the..ortion of such lots ` bordering the street may be considered the rear yard for purposes of location; .construction or maintenance of main or ,accessory buildings, provided that all; of the lots in :a block conform .to. this patters. In all`' such `cases, the recluirarl s; �tbacic ;from .'the street Shall. be a minimumof 5' inid'' ' the ` normal,' fro:.t yard requirera�gtm ,shall apply to the portion o� a�sch`lats adjacent'to an p,y waterway, beach, bluff :,or common walkway, except that such front 'yards may exceed maximum permitted of thirty-five (35) feet in residential districts. Section 9105.4. Yards Amend Subsection (a) (a) Architectural features such as cornices or eaves may extend not exceed- ing two and one-half (2'k) feet into any required front or rear yard setback. Add to Subsectiun (c) (c) Marquees, awnings or shades may project from the building into the front yard setback in any "R" Zone, not to exceed five feet from the building nor more than one-half the depth of the required front yard, and be within the required inner side yard lines and have a clearance above grade vertically of not less than six feet six inches. 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 frog: the building into the rear yard setback in ary "R" Zone, not to exceed two and one-half (2�) feet. Subsection (e) (e) in areas having al s.to he ear uts n a ,e etached garage or fenced a sfie 8 u'c iC%WRa eee�room the cente3 line of an alley 10' or less in width and 12k' from the center line of:a 15' alley. .9- Amend .9_ Amend Subsection (f) (f) In case an accessory building is attached to the main building, it shall be made structurally a part of and have a coEmmont-wall with the r, lding and shall comply in all respects with the requirements of thisxdixnce appi icable t+o"the" "main building. [ less;so attached ,accd"sory buftdiig ,in an •VEVI. District shall be locn�--d on the rear ane -half Q) of the lot and at Feast six (6) feet•-tror; any dwelling building ei'st"ice, or _ eder- .sonstructinn on the same lot or any adjacent lot,._provided that in any'VFV1.`'District cdibined with any "B" District the P1 1Vr°C1Oon Via -y a. pprove;:the location of the accessory building on the front half of the lot aitai detaAeu' itom the Main, building without a variance, provided the location will not be:detri_ mental to adjoining property and further provided that thi Plsnnii:ng Commission approves of the elevation and location of said accessory building. Said.detached accessory building may be built to within one (1) foot of one of the side lot lines. Such accessory building shall not be located within five (5) feet of any alley or within five (5).feet of the side line of any alley or within five (5) feet of the side line of the front one-half Q) of any adjacent lot, or in the case of a corner lot, to project beyond the front yard required or existing on the adjacent lot. In the case of a lot abutting on two or more streets, no building shall be erected closer to the property line than the front yard setback, established on either street. In the case of subdivisions where the rear of lots normally border streets and the front of the lots face a common walkway, the main structure and/or accessary buildings may be con.--ructed within five (5) feet r►f the rear property line. Am d Subsection (g) r (g)--irvery'buil ng oAr p to there f or use for a �N r d 1'Ve pny o a in ani_" he percrxtted any '� istric Ti-) omplh t tai 'ements `L"he $iet�e' rmi n fzoav- yardr prn r d ha that' f the n re g d o rsed--a comme,tc putpo� the p 4 in £tric -pli d. Section 9105.5. Automobile Storage or Parking Space - Add Subsection �s Parking space required for other uses allowed in any "R" District and not set forth above shall be determined by the Planning Commission and set forth as a condition to the granting of the Use Permit for such use. Section 9105.5. Architectural Control Amend Subsection (a) In case an Application is made for a permit.for any building or structure in any C -N, "C" ar ''M" District, said application shall be accompanied by architectural drawings or sketches .and plot plans, all to a:..workable scale, showing ,.the elevatiun.of the proposed building or structure, and ;proposed landscape.or:other treatment of the grounds around such building or structure a,ndtiothsr physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be considered by the Planning cO mission 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 to impair the desirability of investment or occupation in the neighborhood. (b) The Planning Commission may appoint an Architectural Committee of three.members, who may be employees in the following departments of the City of Newport Beach, Building Inspection and City Engineer. (c) The Architectural Committee shall have authority to approve arch-� itectural sketches within the..meazing of ;Section 9105.6 of this Article,.but all approvals shall be based on standards of good architectural design, such standards which shall be entitled" 'Drawings and Fllustrated'Architectural Standards for Certain Areas Designated in Article IX of -the Municipal Code of the City of Newport Beach", shall;be approved by.the Planning Commissionand,the ..City Council, and shall be `on. file in:.;the Citybuilding Inspector's`Of€ice. Said drawings. shall shorn desirable architectural standards, but are.not designs Which must be copied in order to 'secure approval of .plans. (d) In case the applicant is not satisfied with the decision of the Architectural Committee, he may within thirty (30) days after such action appeal in writing to the Planning Commission. The Architectural Committee, may if it deems advisable, refer any application for architectural approval to the planning Commission for its decision. (e) In case the applicant is not satisfied with the action of the Planning Commission, he may within thirty (30) days, appeal in writing to the City Council and said Council shall render its decision within thirty (30) days after the filing of such appeal. (f) No permit shall be issued in any case hereinabove mentioned until such drawings and sketches have been approved by the Planning 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. Section 9106.21. Application (a) Application for a use permit shall be made to the planning Commission in writing on a form prescribed by the Commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed building or use. Such applications shall be accompanied by a fee of $25.00 if a public hearing is deemed necessary by the Planning Commission, or $15.00 if no public hearing is required. In either case, the application shall, in addition, be accompanied by a statement, plans and evidence showing: i Section 9106.32. olic Hearings Amend subsection (a) (a) A public hearing shall be held within 60, days after filing of the application, notice of which shall be given at least five days prior to such hearing through the mail, to all oroperty owners whose names and addresses appear on the latest adopted tax roll as owning prop- erty within a distance of 300 feet from the exterior boundaries of the applicants property. Section 9106.41 Amend: Any zoning permit, use permit or variance granted in accordance with the terms of this Article shall be revoked if not used within one and one- half years from date of approval, unless on approval, the Planning Comm- ission specifies a longer period of time. (a) The Planning Commission small hold at least one (1) 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. (b) In case the proposed amendment consists of a change of the boundar- ies of any district'so as to reclassify any property from any .district to any other district, the Planning Cosmaiss;on shall give additionalnotice through the U. S. Mails at least five days prior to the first of any .public hearings to all property owners within 300' of the applicants property, As shown on the last approved assessment rolls .of the city, _ Any failure to mail such notices .as aforesaid shall �aot invalidate any proceedings for ameadmeot of this Article. Section 9107.17. Building Site A lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a duelling group and its accessory buildings, together with such open spaces as are required by the terms of this Article, and having its principal frontage on a street, road, highway, r-aterway or ocean front. f � Section 9107,27. Garage apace ��, wu 6'Lc-0 +rK rr An accessible and usable covered space of not less than (—} feet,, i r�,iz • by twenty (20) feet, for the paricing of automobiles off the street, such space to be so located on the lot so as to meet the re uirem pts of this Article for an accessory building,/ gtl space Vo DWM-owcoallff on the front half of a lot t� shall have side walls, roof, and an operating garage door for access of automobiles. (Section 9107.27 amended by Ordinance No. 756, adopted September 26, 1955). v� J The Planning Commission City Hall Newport Beach, California Subject: Proposed Amendments to Zoning''Ordinancee Gentl&n cn; On January 25, 1958, we received a copy of the Proposed Amen*dots to Zoning Ordinances and a letter From %Jr. Drawdy asking us for our comments. We acquired the original Article IX, Planning and Zon— .' ng. One of cur Board members studied the proposals With utmost care. Our BO&—d of Directors wishes tc state that it is In complete approval of the Proposed amendments, Very truly yours, CORONA HIGHLANDS PROPERTY OWNERS ASSOCIATION, T-"•�, Beard of Directors r�smlth, I WS: hr (b) CIAO accessary building; only if constructed ei ltaneouoly with .or subsequent to the main building on the same lot or building site. Section 9103.15 Amend Subsection (a) and (c) (a) Front yards: Minimum required twenty (20) feet and maxLeft permitted thirty -fiver (35) feet, except as may be otherwise indicated on the Districting Maps. Distances shown on Districting Maps are to be measured from front property line. (c) Rear yards: Mini== requirement of ten (10) feet. (ire alloys exist, see Section 9105.4(e). R -2 -District Section 9103.21 Add Subsections (c) and (d) prf y, r 13P�/'}',!/y k',i s, fs41rr715Y�'tar`„I!5>' �1%l�y,l�a u"h!J:F:- ,y! JF-tlfF; , n "Sectio' ',9103.23 Add Subsection (b) (b) For each.family unit in any building a minimum of 12O0 sq._ ft. of land area. Section 9103.25 Amend Subsection (c) (c) Rear yards: Minimum requirement of ten (10) feet. (Where alleys exist, see Section 91O5.4(e).. R-3 District Section 9103.31 Amend Subsection (c) Signs not ;over fix (6) sq. ;ftis areaunlited, ;rtaitait, f Only: to the sato, lege or rent l `af the property upon which tip 'Gid is toe located. y Section 9103,32 :r Amend Subsection (c) (c) Signs larger than six (6) sq. ft. and appurtenant to any use. Section 9103.34 Amend Subsection (a) (a) For main buildings -- thirty-five (35) feet provided that the height may be increased to a maximum of seventy-five (75) feet upon.the obtaining of a use permit in each case. Section 9103.35 Amend Subsection (b) (b) For each, family unit in any building or group of buildings, minimum of 1200 sq. feet of land area. Sectior. 9103.37 Amend Subsection (c) (c) Rear yards: Minimum requirement of ten (10) feet. (Where alleys exist, see Section 9105.4 (e): R-4 District Section 9103.42 Add. Subsection (e) mss! (e) Restaurants, a&4 "on -sale" liquor establiebmentsjand other appurten- ant ffierces and �xgtail :o` dlsgd primarily for' ;the convenience of the esta p o ` nd c(ed: t e $ acoess,, s 11';be from a::lobby,' Pati orcceart `yard, and fuarthex provided ,.Chat advrtfsi, bs ; v9 sfial e i=�cm an str��ta „ L Amend Subsection (a) (a) Accessory uses and buildings normally incidental to any of the above. This shall not be construed as permitting any commercial use or occupation other than those specifically permitted. Section 9103.44 Amend Subsection: (a) and (b) (a) For main buildings - 50 feet provided the height limit may be increased.upon.the obtainin& of A use.permit;in each case. (b) For accessory buildings - 15.feet pro-%riding the height ,limit may be increased upon the`astaining of a use permit in each case. Section 9103.45 Add Subsection (b) '! :4 (b) icor each family unit in any buildings or group of buildings, minimum of 500 sq. ft. of land area may be permitted subject to first securing a use permit in each case, C-N District Section 9103.48 Add Neighborhood Commercial District or C -N District. Section 9103.480. Neighborhood Commercial or C -N District. The following regulations shall apply in all C -N Districts and shall be subject to the provisions of Chapter 5. Sections 9103.481. Uses Permitted: �`�� l z---,"0 g (a) � sof apartment houses, hotels, motels, boarding houses, professional Offices, community centers, social halls, lodges and clubs. MVV _4- �� 5\ o (c) OnefSton-flashing sign appurtenant to any permitted use and not over 35,,/square feet in area for each side (if two sides are used). Section 9103.482. Building Height Limit (a) Maximum height any building -- thirty-five (35) feet, provided that the height limit may be increased to a maximum of seventy-five (75) feet upon. the obtaining of a use permit in each case. Section 9103.483. Building Site Area Required (a.) For each main building -- minimum two thousand (2000) square feet. Minimum building site frontage required twenty-five (25) feet. Section 9103.484. Yards Required. (a) Front Yard -- none, except where the frontage in a:block is partially Yn..an:"R";pistrict, in which cnaa the front yard shall .be the same as required,:in such 'rW, District. C -1 -District Section 9103.51. Uses Permitted (a) Delete "single family dwellings, duplexes*: Secticn 9103.62. `Uses Permitted, subject to first securing a use permit in each case. (b) Delete ''single. family dwellings and duplexes' M-1 District Add Section 9103.70 (a) 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 affect to public health, safety and welfare and be in harmony with objectives of the planning of this city. (b) The Planning Commission may designate such conditions as it deems necessary to fulfill the purpose of this section and may require such guarantee and evidence that such conditions are being, or will be complied with. Section 9103.73. Uses Prohibited Amend Subaection (a) C-2 District Add Section 9103.60 (a) Uses permitted is 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 contro] pollution of"sti.r,"soil,"and water to:meet the standards or".requirements;of the Planning 6o 16`sion, and in such `a manner to eliminate' any detri mental affect to.pub.lic health, safety. and welfare and be i in` har►nony with objectives of the plaanfn of this'city. (b) The Planning Commission may designate such conditions as it .deems necessary to fulfill the purpose of ..this section and may require such guarantee and evidence that such conditions are being, or will be complied with. Unclassified or U District Amend Section 9103.8 The following regulations shall apply in all Unclassified or U Districts and shall be subject to the provisions of Chapter 5. ("U" District 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.) M -1-A District Amend Section 9103.93 Building Height Limit - Fifty (50) feet, provided that the height may be increased, subject to first securing a use permit in each vase. Section 9103.96 -6 - Section 9104.11 - 9104.12 9104.13 - 9104.14 Delete all. ``of above sections. Add the following new sections. Section 9104.11. Building site area, lot width, setbacks and coverage required in "B" Districts. Combining Min.Bldg. Min. Lot Min.Lot Min.Front Min.Rear Min.Side Max. Designation Site Area Width Length Yard Yard Yard Coverage B 6,000 sq.ft. 60' 80' 20' 6' 6' 60% B-1 7,500 " 75' 90' 15' 7' 7' 60b B-2 10;000 " " 90, 1.00' 15 10' 10' 607, B-3 20,000 " " '''' 100' 150' 15' 10' _10' 60% B-4 As designated on zoning provided that no requirements be 'less than B-3 regulations. All setbacks on -the street side of .a coater lot shall not be less than that required on existing, or adjacent reversed front- ags:' the ea such `,exists Section 9104.11-1. There shall be:a minimums "of 750 sq. It. of land area wain- tained uncovered to the rear of the portion of the main dwelling. Section 9104.12. Any banks graded or benched for building sites in "-B" Districts wherein cuts are required, leaving banks or slopes of a greater grade than a ratio of 3 to i shall be approved by the Planning Commission prior to obtaining a building permit. Section 9104.13. Maximum density permitted in "R" Districts where combined with "-B" District. The following Minimum Building Site Area shall be required for each family unit; _ R4 R-3 R-4 "B" 3000 sq. ft. 1500 sq. ft. 1250 sq. ft. "B-1" 3000 1500 " 11 1250 if It 09B-2" 3000 2000 1500 " 08 8-3" 3000 It " 2000 1500 Section 9104.14. Change in setbacks. The Planning Commission may approve a change in the setbacks set forth in Section 9104.11 where it is found by the Planning Commission that such change will make for a better planned development, and where such change is in harmony with the Master Plan of the City. Amend Section 9104.2. Combining or "-H" District. -7 - Section 7..Section 9104.21. Uses Permitted: Amend Subsections(a) and (b) {a) Off-street parking on the building site shall be required in all districts with which the "-,W' District is combined, according to the following formula. (1) Retail stores, 1 parking space for each 100 sq. ft. and 1 loading space for each 10,000 sq., ft. of store floor area. (2) Office Buildings, 1 parking space for each 200 sq. ft. of floor area. (3) Wholesale and industry, 2 parking spaces for each 3 employees, but in no. case less:than I parking space per each 2000. 8. ft. aztd I loading :space for 'each 1000 q �i aq. ftcsf fioor.ar a. (4) Restaurants, 1 parking space for each 3 seats. (5) Public Assembly, 1 parking space for each 5 seats. (6) Theatres, 1 parking space for each 5 seats. (7) Hotels, 1 parking space for each 2 guest roams. (8) hospitals, 1 parking space for each bed, and in addition 1 parking space for each resident doctor and each employee. (9) Clinics, I parking space for each 100 sq. ft- of floor area, Plus 1 additional space for each doctor and each employee. (10) Motels, 1 parking space for each guest unit. (b) The Planning Commission, on petition of the property owner, may waive or reduce off-street parking required by the terms of this section under the following conditions: (1) Wlien L -he proposed use is within 200 feet of a Municipal off- street parking lot deemed sufficient by the Planning Commission to meet the maximum requirements of the area. (2) When the off-street parking requirement causes unnecessary hardship because of the size or shape of lots in single owner- ship and of record on the effective date of this ordinance. Add to Subsection (c) (c) Marquees, awnings or shades may project from the building into the front yard setback in any "R" Zone, not to exceed five feet from the building nor more than one-half the depth of the required front yard, and be within the required inner side yard lines and have a clearance above grade vertically of not less than six feet six inches. 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" Zone, not to exceed two and one-half (2k) feet. Amend Subsection (f) (f) 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;ordinance applicable to the"main building.",Unless sa...attached an accessory building in an "R" District shall be located on Lhe rear one-half W of the lot and at least six"(b) feet from any dwelling building existing or under constructian on the same'lot or any adjacent lot, provided that in any " R"District combined with any "B":'1}istrict the..Planning Commission.ma,y approve the Location of the accessory building" an the front half of the lot: and.`detached -from, the .wain building' without a variance, provide'A the -location will not.be"detri- mental to adjoining :.property and further provided that the Planning Commission approves of the''elevation and location dk said accessory building. Said detached accessory bailding maybe built to.'within one. (l) foot of one of the .side ;;lot lines. Such accessory buildingsham .not be located within €ive"(5)'feet"of any:alley"or within :five (5).feet of the :aide line of any.;; alley or: within five (5) `feet of .,the sideline of the front one-half ('k) of any adjacent lot, or in the case 'of a corner lot, to project beyond .the front"yard required or existing on the adjacent lot. In the case of a lot abutting on two or more streets, no building shall be erected. .closer to"the property line than the front yard setback, established on either street. In the case of subdivisions where the rear of lots normally border streets and the front of the lots face a common walkway, the main structure and/or accessory buildings may be constructed within five (5) feet of the rear property line. Amend Subsection (g) (g) Every building ox portion__thaxeof which is designed or used for any dwelling purpose s any "C" or when pd mitted in any "M" District shall comply with the requirements of the R-3 District for determining yard setbacks, provided however, that if the entire ground floor is used for any commercial purpose the provisions for "C" or "M" Districts may be applied. Section 9105,5, Automobile Storage or Parking Space Amend Subsections (b), (d) and (e) (b) Not less than one (1) garage space for each family unit in any duplex --ex triplex4 r (d) Not less than 1 parking space for each three guest rooms. (e) (b) The Planning Commission may appoint ars Architectural Committee of three members, who may be employees in the following departments of the City of Newport Beach, Building Inspection and City Engineer. (c) The Architectural Committee. shall have Authority .to approve arch- itectural sketches. within the meaning of Section.:9105.6 of this Article, but's11 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 Article IX of .the Municipal Code of the City."of Newport Beach", shall .be approved by the.Planning Commission and tha,Citg Council, and shall be;,;on dile in=:the City.Building Inepentor'.s"Office,":'Said drawings.shall show desirable'architectural'standards, but are not ciesigs,which must 'be copied..in order :to secure approval'vf .plans. (d) In case the applicant is not'satisfie d with the decision of the Architectural Committee,'he may within thirty (30) days after such action appeal in writing to the Planning Commission. The Architectural Committee, may if it deems advisable, refer any application for architectural approval to the Planning Commission for its decision. (e) In case the applicant is not satisfied with the: action of the Planning Commission, he may within thirty (30) days, appeal in writing to the City Council and said Council shall render its decision within thirty (30) days after the ;Filing of such appeal. (f) No permit shale be issued in any case hereinabove mentioned until such drawings and sketches have been approved by the Planning 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. Section 9106.21. Application (a) Application for a use permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed building or u.�. Such applications shall be accompanied by a fee of $23.00 if a public hearing is deemed necessary by the Planning Commission, or $15.00 if no public hearing is required. (b) inhere a public hearing is deemed necessary by the Planning Commission they may require the applicant to furnish the Commission a certified list of property owners, as required by Section 9106.22, accompanied by a filing fee of $15.00 in lieu of the $25.00 fee. Section 9106.22. Public Hearings Amend subsection (b) (b) In case a public 'nearing is deemed necessary, a notice of such hearing shall be given at least five days prior to such hearing through the mail to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of applicants' property. i Sectiop 9106.31. Application. Amend Section (a) (a) Application for a varianceshall be made by the property owners in writing on A formprescribed by the Planning Cosmuiasion and shall be accompanied by a .fee of $50; 40,. The'Plabning Commissionmay',require the applicant 'Co.fwrnieh a certified list of property owners as required by Section 9106.32, accompanied by a filing fee of $25.00 in lieu of the $50.00 required in subsection (a) above. In either case, the application shall, in addition, be accompanied by a statement, plans and evidence showing: Section 9106.32. Public Hearings Amend subsection (e) (a) A public hearing shall be held within 606 days after filing of the j application, notice of which shall be given at least five days prior to such hearing through the mail to all property owners whose names and addresses appear on the latest adopted tax roil as owning prop- erty within a distance of 300 feet from the exterior boundaries of the applicants property. Section 9106.41 Amend: Any zoning permit, use permit or variance granted in accordance with the terms of this Article shall be revoked if not used within one and one- half years from date of approval, unless on approval, the Planning Comm- ission specifies a longer period of time, -13 - Amend: (a) The Planning Commission shall hold at least.one (1) Pz+lic 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. (b) .In case the"proposed mendment consists of a,. change of the bouudar- iea_:of any Aistrict so:'asto reclassify any property `fr: .any district to any other district, .the Planning Commission shall give- additional notice through the U. S.:Mails at :le five clays prior to the €treat"of any public hearings to all, property owners within' 3001 8pplicantspoperty of the as".shown on ;the last approved assessment. rolls of tho'.city: (c) Any failure .to"mail such notices as a fore said";shall not"iralidate an proceedings y P ngs for"amendment of 'this Articles' Section 9107.17. Building Site A lot or parcel of land, in single or joint ownership, and occupied or to be 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 Article, and having its principal frontage on a street, road, highway, waterway or ocean front. Section 9107.27. Garage Space i i7 i An accessible and usable covered space of not less than ten -4, ("feet, .. by twenty (20) feet,. for the parking, of automobiles off the street, such space to be so located on the lot so as to meet the requirements of this Article for an accessory building. Any such garage space to be located on the front half of a lot shall have side walls, roof, and an operating garage door for access of automobiles. (Section 9107.27 amended by Ordinance No. 756, adopted September 26, 1955). Section_ 9107.32. Parking Space * An accessible and usable space on the building site located off the sr;eet with access for parking of automobiles. The sire of each space and the access thereto shall be as indicated on the standards for parking layout adopted by the Planning Commission and file on in the Building Inspector's Office. 1 In,.i.., f�iT''�i UiM:(�Y,,,-.� ,. r .,.'.'. .., .,. .., ...>,.v. - - .: . .. ,,•i: ... ! ,. .. ,. ,.. ,. ...- .., _. p .. �af1,r�PrMl./. C O M M U N I T Y ASSOCIATION 70C VIA LIDO SOUR. LIDO ISLE TE NONE: HARBOR 327 H%WPoRT BRACK CALIFORNIA February 12, 1958 Mr. Ray Copelin, Secretary Planning Commission City of. Newport Beach, Calif Dear Mr. Copelin. The Lido Isle Community Association has examined the proposed. Zoning Ordinance changes, and are grateful that you have provided us with the opportunity to do so. Those changes as they may affect Lido Isle seem wise as conveived, and we trust that they may be adopted. The changes affecting the other zones in Newport Beach seem to be motivated by the desire to improve our City and the clarification of rules should be helpful to those concerned, The Lido Isle Community Association takes this oppor- tunity to thank each of the Planning Commissioners for his devoted service to our City. Very truly yours, LIDO ISLE COMMUNITY ASSOCIATION Mae Christensen, Secretary T' MC: e BOARD OF DIRECTORS. AIRcoapexuuva otguDIMUOR of AH L4da Eels February 7, 1958 Honorable City Council City of Newport Beach Newport Beach, California flexr Mddam;Mayor;.&nd Gentlemen: Submitted herewith are proposed amen. nts,to the `.Planning,and Zoning Code;:of. the.City'af.Newport;Beach. Your Planning fission, by,: unanimous vote,`has approved these proposed amendments for.your.ce sideration and recommends them for adoption. As a part of the project to prepare a Master Plan for the City of Newport Beach, the Planning Commission, with the assistance of Hahn, -wise and Associates, undertook studies to formulate these amendments for the Planning and Zoning Code which was adopted in December 1950. The following comments are presented for your information: A. The proposed amendments are considered advisable and necessary for the following reasons: 1. Experiences in administering the present code pointed out that some provisions need changes, clarification, and strengthening to more effectively solve problems which are constantly arising. Z. The rapid growth and expansion of the city has developed problems which could not be forseen prior to 1950. 3. Recently, some developments have been proposed to the Commission which indicate new treads - some radical - for this area. Examples: Multiple story buildings for commercial and residential uses such as apartments and hotels. New residential subdivisions in the Upper Bay area are voluntarily being developed with larger lots and homes. B. These proposr0 amendments were mailed to civic organizations and individuals presumed to be interested in any changes in the Zoning Code. The following are a few of those who received the proposed amendments. Balboa Improvement Association Balboa Island Improvement Assn. Balboa Peninsula Point Assn. Central Newport Beach Community Assn. Chamber of Commerce Newport Aarbor Jr. Chamber of Commerce Corona del Mar Civic Ass Cortina Highlaztds'Property Owners Assn. Lido`.Isle Community Association Newport Harbor Board of Realtors Newport Heights Improvement Assn. Newport Island Association West Newport Improvement Assn. Womens Civic League of Newport Harbor The ,Irvine Co. Local Newspapers Four public bearings, one special meeting and several study sessions were held by the Planning Commission to consider these proposed amendments. Notice of the public hearings were published in accordance with the requirements of the "State Conservation and Planning Act". One written protest was submitted and one oral protest was made at a public hearing. C. The Commissicn wishes to call your attention to some of the icrportant amendments proposed as follows: 1. Sections 9103.23(b), 9103.35(b) propose to increase the lar.' area per family unit from 1,000 square feet to 1,200 square feet in the R-3 dnd R-4 Zones and to Im- pose the same land area requirement in the R-2 Zone. To meet the needs of developers of multiple -story apartments and hotels, Section 9103.45(b) is added to allow 500 square feet of land area in the R-4 Zone upon securing a "Use Permit" from the Planning Commission. Automobile storage or parking space for such develop- ments are provided for in the amended Section 9105.5(e). Pape 3 2. A new shopping diztrict designated as C-N is proposed. No residential uses will be permitted in this C-N District as its purpose is to be strictly for professional offices and retail shopping. Sections 9103.48 to 9103.484. 3. Section 9103.42(e) is added to the uses permitted in the R-4 Zone. The h-4 Zone was created in 1950 for hotels. These commercial uses are proposed to meet the antici- pated demanRis for such developments. 4. Sections 9104.11, 9104.12, 9104.13:: and 9104.14 are com- pletely revised to meet more adequately the needs of residential developments in the Upper..Bay areas. The trends of such residential developments have been initially demonstrated and the changes proposedAn these sections are ,expected to facilitate'the.administration ::of'the code and `to encourage the high character of 'such residential areas, Section 9105.5(f) is added to require two (2) garage spaces for each family unit in these "B" Districts. 5. Section 9104.2 "Combining or "H° District. The require- ments ;or off-street parking of automobiles in "H" Districts are materially increased. In 1950 when the current off-street parking formula was adopted, so much oppositior to off-street parking was encountered that the Commission considered itself lucky to obtain the existing formula. The Commission feels that the business peanle now realize the importance of adequate off-street parking provisions and will welcome this new formula as proposed. The Connission has not received any protests against the change in the formula for off-street parking. 6. Section 9105.4(e) is amended in an effort to make narrow alleys more useful for present-day large automobiles. 7. Sections 9106.21, 9106.22, 9106.31 and 9106.32 are pro- posed amendments to coordinate our code with provisions of State laws. B. Section 9106.41. This section is amended to increase the time limit for use permits and variances granted for effecting use from six months to one and one-half years. 10. The other amendments are largely technical changes to make the code more effective..Some are for clarifica- tion to facilitate interpretation and administration by the staff. It is hoped that these amendments will reduce :.he volume of applications and hearings.,on variances and other matters:presented to the Commission. The Planning tommi.ssion believes that adoption of these amendments to the Planning and Zoning Ordinance by your Honorable Body will be for the best interests of .the residents of the City of New Beach.. Respectfully snbutftted, PLANN,INiG COMMISSION 41` lter o g -,, Chairman COMMISSIONERS: Walter Longmoor Ray T. Copelin Don W. Hayton Calvin R. Keene George J. Lind C. B. Rudd Wesley D. Smith Alvan C. Clemence Auatin Sturtevant WL : hit Enclosure NEWPORT BEACH PROPOSED AMENDMENTS TO ZONING ORDINANCE Amend Section 9102.0 Add Neighborhood commercial District or C -N District Add Controlled WAnufacturing District or M -1-A District Corrected 1-21-55 R-2 District, Amend Section 9103.2 Add subsections (c) and (d) (c) Accessory uses normally incidental to single,,family dwellingE or duplexes. This is not .to be construed as.:permitting any commercial uses. (d) One sign not.aver six (6) square feet in area.`and pertaining only to the sale, lease or rental of the property upon which the sign is to be located. Amend Section 9103.23 Add subsection (b) (b) For each, family unit in any building a minimum of 1200 sq. ft. of land area. Section 9103.35 (b) Amend subsection (b) (b) For each family unit in any building or group of buildings, minimum of 1200 square feet of land area. R-4 District) Section 9103.42 Add paragraph (e) (e) Restaurants and "on -sale" liquor establishments and other appurten- ant services and retail shops designed primarily for the convenience of the guests and provided that all access shall be from a lobby, pitio or court yard, and further provided that no advertising be visible from any street. (R-4 District) Section 9103.42 (a) Delete words "trailer camps" Ssctton 9103.44 Affiend subsectior (a) and (b) (a) Single family dwellings, duplexes, multiple dwellings, apartment houses, dwelling groups, hotels, motels, boarding houses, 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 storee, nurseries, offices, radio stores, gasoline service stations, restaurants, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Com- mission are of a similar nature. (c) One, non -flashing sign appurtenant to any permitted use and not over 35 sq. €t. in area for each side (i£ two sides are used). Section 9103.482. Building height Limit: (a) Maximum height any building -- thirty-five (35) feet, provided that the height limit may be increased to a maximum of seventy -.five (75) feet upon the obtaining of a use permit in each case. Section 9103.483. Building Site Area Required: (a) For each main building -- minimum two thousand (2000) square feet. Minimum building site frontage required twenty-five (25) feet. -2- (a) Delete "single family dwellings, duplexes". Section 91133,62. Uses Permitted, subj;ct to first securing a use permit in each case. (b) Delete "single £a€m tly dwellings and dupl.ewes". (M-1 M jai-rirv3 Add Section 9103.70 (a) Uses permitted i.n'. the.:M-1 District shall, be planned. developed and operated. in such a.mana@r that noise, smoke, dust, odor and waste of any kind'is confi%ned :and/or purified so as to control polls:tian of air, Wil and,Water to meet.the standards or requirements of the Planning Commission, and in such a manner to eliminate any detrimental affect to public health, safety and welfare and be in harmony with objectives of the planning of this city. (b) The Planning Commission may designate such conditions as it deems necessary to fulfill the purpose of this section and may require such guarantee and evidence that such conditions are being, or swill be complied with. Amend Section 9143.73 (e). asses Prohibited: (a) Industrial or manufacturing uses including all the uses listed hereunder: Auto wrecking, fish canneries and/or reduction grinding and processing plants; drilling for an/or removal of oil, gas, or other hydrocarbon materials; distillation of bones; dumping, disposal, incineration or reduction cf gavbage, sewage, offal, dead animals or refuse, fat rendering; manufacture or storage of acid, cement, explosives, or fireworks, fertilizer, glue, gypsum, lime, plaster of parts or asphalt, stockyard or slaughter of animals, refining of petroleum or its products, smelting of iron, till, zinc, or other ores; junk yards, hog raising, bag manufacture or cleaning, blast furnace or boiler works, breweries, cok_ ovens, coopevege works, incinerators, cordage mills, foundries, tanneries, and all other uses which in the opinion of the Planning Com- missiou are of aimila.r nature or may be objectionable by reason of production of offensive odor, dust, noise, bright light, vibration or involving the atoxage or handling of explosives or dangerous materials. -3- C-2 District Add Section 9103.60 (a) Uses permitted in the C-2 District shall be planned, developed and operated 2-n such a manner that noise, smoke, dust, odor and waste of any ?rind is confined and/or purified so as to control pullution of air, soil and water to meet the standards or require- ments'of the Planning Commission, and in such a.manner to eliminate any detrimental -affect to Public health, safety :and:welfare and be in harmony with objectives of the planning of this city. (b) The Planning Coamnission may designate such conditions as it deems necessary to fulfill the purpose of this section and;may require such guarantee„ani3'evidence `that such conditions.a.re`:being, or will be complied :with. CHAPTER N. COMBINING DISTRICT REGULATIONS Amend Section 9104..1. Combining or ”-B" and "$" District Regulations. The following regulations 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 5. All other provisions of the respective districts shall apply. -4- The fallowing Minimum Building Site Area sball be required for each family unit; 1-3 R-3 R-4 3000 sq. ft. 3000 " 1500 sq. ft. 1250 sq. ft. "S-2" 3000 1500 „ 'f, "B-3" 3000 " " 2000 „ 2000 " " 1550 1500 " ' Amend Section 9104.21. Uses Permitted: All uses permitted in the respective district with which the "-H" District is combined, subject to approval of design of building and design and location of parking lot, provided however, as follows: (a) .Off-street parking on the building site shall be required in all districts with which the "-H" District is combined, accord- ing to the following formula. (1) Retail Stores, 1 parking space for each 100 sq. ft. and 1 loading space for each 10,000 sq. ft. of store floor area. (2) Office Buildings, 1 parking space for each 200 sq. ft. of floor .area. (8) Hospitals, 1 parking space for each bed, and in addition I parking space for each resident doctor and each employee. (9) Clinics, 1 parking space for each 100 sq. ft. of floor area, plus 1 additional space for each doctor and each employee. (b) The Planning Commission, on petition of the property owner, may waive ur reduce off-street parking required by the terms of this section under the following conditions: (1) When the proposed use is within 200 feet of a municipal off-street parking lot deemed sufficient by the Planning Commission to meet the maximum requirements of the area. (2) When the off-street parking requirement causes unnecessary hardship because of the size or shape of lots in single ownership and of record on the effective date of this ordinance. -6- (e) In areas having alleys to the rear of lots, no attached or detached garage or fence shall be constructed closer than 10 feet from the center line of an alley 10' or less in width and 12k' from the center line of a 15' alley. Amend Section 9105.4 (f) (f) In case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wail with the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. Unless so attached an accessory building in an "R11 District shall be located on the rear one-half Q) of the lot and at least six (6) feet from any dwelling building existing or under construction 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 detri- mental to adjoining property and further provided that the Planning Commission approves of the elevation and location of said accessory building. �y Fid NJ` Amend subsection (c) (c) Marquees, awnings or shades may project from the .building into the xrvnt;yard setback is any ''R".Zone, not Go ,exceed five feet from the bailding nor more than: onerhalfI e depth of:Ghe required front yard, and'be vii thin' the required inner°61de,yard lines and have'a'.' above°grade vertically'of pot less than six feet"afx`inches. 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" Zone, not to exceed two and one-half (Zk) feet. Amend subsection (g) (g) Every building or portion thereof which is designed or used for any dwelling purpose in any "C" District shall comply with the require- ments of the R-3 District for determining front yard setbacks, provided however, that if the entire ground floor is used for any commercial purpose the provisions for "C" or "M" Districts may be applied. Section 9145.5 (d) Amend subsection (d) (d) Not less than i parking space for each three (3) guest rooms. Amend Section 9105.6. Architectural Control N� such buildings or structures and grounds be in keeping; with the character of the neighborbrod and such as not to be dF:trimental to the orderly and harmonious development of the City, or to impair the desirability of investment or occupation in the neighborhood. (b) The Planning Commission may appoint an Architectural Coannittee of three members, who may be employees in the following departments of the City of Newport Beach, Building Inspection and City Engineer. (c) The Architectural Committee shall have authority to approve arch- itectural sketches within the meaning of _;on 9105.6 of this Article, but all approvals shall be based on standards of good architectural design, such standards which shall be entitled "Drawings snd Illustrated Architectural Standards for Certain Areas Designated in Article IX of the Municipal Code of the City of Newport Beach", shall be approved by the Planning Commission and the City Council, and shall be on file in the City Buili:iMg Inspector's Office. "`Said drawihrys shall show desirable architut;Pural standards,.but are not designs -which must be copied ,in or&r 1 to secure approval of plans. (d) In cave the applicant is not satir':Led with the decision of the Architectural Committee, he may within thirty (30) days after such action appeal in writing to the Planning Commissioxz. The Architectural Committee, may if it deems advisable, refer any application for arch;tectural approval to the Plarning Commission for its decision. (e) In case the applicant is not satisfied with the action of the Planning Commission, he may within thirty (114) day-t. appeal in writing to the City Council and said Council shall render its decision within thirty (30) days after-the filing of such appeal. (f) No permit shall be issued in any case her_inabove mentioned until ,such drawings and sketches have been approved by the Planning 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. Section 9106.21. Application (x) Application for a use permit stall be made to the Planning Commission in writing on a form prescribed by the Commission and sra.11 be accompanied by plans aad elevations necessary to show the detail of the proposed building or use. Such applications shall be accompanied by a fee of 525.00 if a public hearing is deemed necessary by the Planning Commission, or $15.00 if no public hearing is required. (b) Where a public hearing is deemed necessary by the Planning Comwission they may require the applicant to furnish the Commission a certified list of property owners, as required by Section 9106,22, accompanied by a filing fee of $15.00 in lieu of the $25.00 fee. r -9- N In case a public hearing is deemed necessary, a notice of such hearing shall be given at least five days prior to such hearing through the mail to all property owners whose names and addresses appear on the latest adopted ta'r; roll its owning property within a distance of 300 feet from the exterior boundaries of applicants' property. Section 9106.31, Application Amend Section (a) (a) Application for a variance shall be made by':the property owners in .writing on a form prescribed by the Planning Commission and shall be accompanied by a fee of $50.00. 'l'he i'lanning Conisaion may require': the applicant to fuish a certified list of property owners.as required by„Sectian`51106.32,. accompanied by a filiV9 fee of $25.00 in lieu of the $50:60 required in subsection (a) above. In either case, the application shall, in addition, be accompanied by a statement, plans and evidence showing: Section 9106.32. Public Hearings Amend subsection (a) (a) A public hearing shall be held within 45 days after filing of the application, notice of which shall be given at least five days prior to such hearing through the mail to all property owners whose names and addresses appear on the latest adopted tax roll as owning prop- erty within a distance of 300 feet from the exterior boundaries of the applicants property. Section 9106.41 Amend: Any zoning permit, use permit or variance granted in accordance with the terms of this Article shall be revoked if not used within one and one- half years from date of approval, unless on approval, the Planning Comm- ission specifies a longer period of time. -10- r Y i i Section 9106.52 (a), (b), (c) Amend: (a) The Planning Commission shall hold at least one (1) 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. (b) In case the proposed amendment consists of a change of the boundar- ies of any district so as to reclassify any property from any district to any other district, the Planning Commission shall give additional notice through ,the U. S. Mails at least five days prior to''the first of any public hearings to all property owners cwithin 300' of the applicants property, as shoran on the last approved assessment rolls of the city. (c) urAny faile to mail such notices as :aforesaid shall not invalid ` ur sty:proceedingsfor.amendment of. this Article ate Section 9107.17. Building 'Site A lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this Article, and having its principal frontage on a street, road, highway, waterway or ocean front. Section 9107.27. Garage Space An accessible and usable covered space of not less than ten (10) Leet, center of dividing wall to center of dividing wall, by twenty (20) feet, for the parking of automobiles off the street, such space to be so located on the lot sa as to meet the requirements of this Article for an accessory building. Any such garage space to be located on the front half of a lot shall have side walls, roof, and an operating garage door for access of automobiles. (Section 9107.27 amended by Ordinance No. 756, adopted September 26, 1955). Section 9107.32. Parking Space An accessible and usable space on the building site located off the street with access for parking of automobiles. The size of each space and the access thereto shall be as indicated on the standards for parking layout adopted by the Planning Commission and on file in the Building Inspector's Office, PlanntnO Contsston City of Newvort Beach Newport Beach, Calif. Dear Sir.- My ir.My partner, M Beave , recetvid 'a letter ,from your office stattna the Commtaston wi,11``'hold a hearing Ja nucfry 19, 1958 at 8:'OO PjV, Tht s hearing Concerns the Ordinance which will eltmtnCte dwelltngs tn''cn R-1 Dtstrtct. I.... tnd it d.tfftoult io beletve that the Commtes.tore is meeting on a Sunday,..euentw., however `tf thts is correct would you Please eonft rra' by return mail. St nce r -el Y, PEIr F I€ y s �1 if r vk 1 1 Y Y 1 5 y s �1 if r 1 AasmtNCR 825 ESTNER WAY REDLAND8 SACRAMENTO ADDRESS STATE CAPITOL tONt t4 ASSEMBLY Planning Commission City of Newport Beach City lull Newport Beach, California Gentlemen: CONMITTEcs CONSEAYATION. PLANNING. AND PSIILIC WDRXG FINANCZ AND INSYRANCE GOYEANM01T ORCANIZATICN RULES WAYS AND ld EANS It has come to my attention that your honorable body will soon consider a change in your zoning ordinances which would prohibit the construction and development of multiple residential unit i on property within the City of Newport Beach now zoned M-1. As a co-owner of Lots 10 and 11, Lancaster Subdivision, located on the southeast corner of 29th and Lafayette Streets, along the waterfront known as the Rhine, we should like to protest in the strongest possible terms any change in your exist- ing zoning ordinances affecting this area which would preclude the possibility of our development of this property with multiple residential income units and moorings within the pierhead line appurtenant to this property, P;ry truly yours f .TACK tw A. BEAVER cc: Mr. Peter Arth NEWPORT BEACH PROPOSED AMENDMENTS TO ZONING ORDINANCE Corrected 12/9/57 Amend Section 9102.0 Add Neighborhood Commercial District or C -N District Add Controlled Manufacturing District or M -1-A District R-2 District Amend Section 9103.2 Add subsections (c) and (d) (c) Accessory uses normally incidental to single family dwell- ings or duplexes. This is not to be construed as permit- ting any commercial uses. (d) One sign not over six (6) square feet in area and pertain- ing only to the sales lease or rental of the property upon which the sign is to be located. Amend Section 9103.23 Add subsection (b) (b) For each family unit in any building a minimum of 1200 sq. ft. of land area. Section 9103.35 (b) Amend subsection (b) (b) For each family unit in any building or group of buildings, minimum of 1200 square feet of land area. (R-4 District) Section 9103.42 Add paragraph (e) (e) Restaurants and "on -;ale" liquor establishments and other appurtenant services and retail shops designed primarily for the convenience of the guests and provided that all access shall be from a lobby, patio or court yard, and further provided that no advertising be visible from any street. (R-4 District) (a) For main buildings - 50 feet provided the height limit may be increased upon the obtaining of a use permit in each case. (b) For accessory buildings -- 15 feet providing the height limit may be increased upon the obtaining of a use permit in each case. Section 9103.45 Add subsection (b) (b) For each family unit in any building or group of buildings, minimum of 500 sq. ft. of land area. (C -N Distric Section 9103% Add Neighborhood Commercial District or C -N District. Section 9103.480 Neighborhood Commercial or C -N District. The following regulations shall apply in all C -N Districts and shall be subject to the provisions of Chapter 5. Section 9103.481 Uses Permitted: (a) Single family dwellings, duplexes, multiple dwellings, apartment houses, dwelling groups, hotels, motels, board- ing houses, professional offices, community centers, social halls, lodges and clubs, (b) Retail stores and personal servir:e establishments within a buildin including appliance stores, bakeries (not wholesale, banks, barber shops, beauty parlors, book stores, department stores, drug stores, food shops, hard- ware stores, nurseries, offices, radio stores, gasoline service stations, restaurants, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (c) One, non -flashing sign appurtenant to any permitted use and not over 35 sq. ft. in area for each side (if two sides are 1. sed) . Section 9103.482 Building Height Limit: (a) Maximum height any building -- thirty-five (35) feet, provided that the height limit may be increased to a maximum of seventy-five (75) feet upon the obtaining of a Use Permit in each case. 2. Section 9103.483 Building Site Area Required: (a) For each maim building -- minimum two thousand (2000) square feet. Minimum bllding site frontage required twenty-five (25) feet. Section 9103.484 Yards Required: (a) Front Yard -- None, except where the frontage in a block JS partially in an "R" District, in which case the front yard shall be the same as required In such "R" District. Section 9103.5. Uses Permitted: (a) Delete "single family dwellings, duplexec,". Sect1on 9103.62 Uses Permitted, subject to first securing a Use Permit in each case. (b) Delete "single family dwellings and duplexes. Section 9.03.72 Uses Permitted, subject to first securing a Use Permit in each case. (a) Amend to read: Residential uses for caretakers in con- vunetfon with a permitted use, bu, not including any ether residential uses. (0--2 District) Add Section 93.03.60 (a) 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 puri - fl --d so as to control pollution of air, soil and water to meet the standards or requirements of the Planning Commis- sion. and in such a manner to eliminate any detrimental affect to public health, safety and welfare and be in harmony with objectives of the planning of this city. (b) The Planning Commission may designate such conditions as it deems necessary to fulfill the purpose of this section and may require such guarantee and evidence that ouch con- ditions are being, or will be complied with. CHAPTER IV, COMBINING DISTRICT REGULATIONS Amend Section 9104.1 Combining or "-B" � "H" District Regulations. The following regulations shall apply in lieu of Building Slte Area, Yard and Lot Width Requirements in the respective districts where such districts are combined with the "-h" District, and shall be subject to the provisions of. Lha.pter 5. All other provisions of the respective districts shall apply. 3. Section 9104.11-1. There shall be a minimum of 750 sq. ft. of land area main- tained uncovered to the rear of the portion of the main dwelling. Section 9104.12 Any banks graded or benched for building sites in "-B" Districts wherein cuts are-equired, leaving banks or slopes of a greater grade than a ratio of 3 to 1 shall be approved by the Planning Commission prior to obtaining a building permit. Section 9104.13 Maximum density permitted in "R" Districts where combined with "-B" Distric•4. The following Minimum Building Site Area shall be required for each family unit: R�2 w R-3 R_4 r1BJ " B-1 3000 sq. ft. �, �� Section 9104.11 - 9104.1.2 - 9104.13 - 9104.14 1250 sq. ft. 3000 Delete all of above sections. 1250 1,E_3„ 3000 �, �, Add the following new sections. 1500 3000 n �� Section 9104.11 Building site area, lot width, setbacks and coverage re- quired in "B" Districts. Combining Min.Bldg. Min.Lot Min.Lot Min.Front Min.Rear Min.Side Max. Designation Site Area Width Length Yard Yard _ Yard Coverage B- 5000 sq.ft. 6o6 809 209 61 6E 60% B-1 7500 n „ 75' go, 15' 7' p 6 B-2 10,000 " 902 1009 159 10, 10, 6� B-3 20,000 1009 1500 159 109 10' 60% As designated on zoning provided that no requirements be less. than B-3 regulations. All 3atbacks on the street side of a corner lot shall not be less than that required on existing, or adjacent re- versed frontage when such exists. Section 9104.11-1. There shall be a minimum of 750 sq. ft. of land area main- tained uncovered to the rear of the portion of the main dwelling. Section 9104.12 Any banks graded or benched for building sites in "-B" Districts wherein cuts are-equired, leaving banks or slopes of a greater grade than a ratio of 3 to 1 shall be approved by the Planning Commission prior to obtaining a building permit. Section 9104.13 Maximum density permitted in "R" Districts where combined with "-B" Distric•4. The following Minimum Building Site Area shall be required for each family unit: Sect -in 9104.14 Change In setbacks. The Planning Commission may approve a change in the setbacks set forth in Section 9104.11 where it is found by t,ie Planning Commission that such change will make for a better planned development, and where such change is in harmony with the Master Plan of the city. Amend Section 9104.2 Combining or "-H" District. The following regulations shall apply in all "C" and "M" Districts with which are combined "-H" Districts, in additirn to the regulation hereinbefore specified therefor, and shall be subject to the provisions of Chapter 5 of this Article; pro- vided however, that if any of the regulations specified in Sections 9104.21 and 9104.22 differ from any of the correspond- ing regulations specified in this Article for any district witi, 4. R�2 w R-3 R_4 r1BJ " B-1 3000 sq. ft. �, �� 1500 sq. ft. 1250 sq. ft. 3000 1500 ,� „ 1250 1,E_3„ 3000 �, �, 2000 ,� „ 1500 3000 n �� 2000 ,r n 1500 r, n Sect -in 9104.14 Change In setbacks. The Planning Commission may approve a change in the setbacks set forth in Section 9104.11 where it is found by t,ie Planning Commission that such change will make for a better planned development, and where such change is in harmony with the Master Plan of the city. Amend Section 9104.2 Combining or "-H" District. The following regulations shall apply in all "C" and "M" Districts with which are combined "-H" Districts, in additirn to the regulation hereinbefore specified therefor, and shall be subject to the provisions of Chapter 5 of this Article; pro- vided however, that if any of the regulations specified in Sections 9104.21 and 9104.22 differ from any of the correspond- ing regulations specified in this Article for any district witi, 4. lip which is combined an "-H" District, then in such case the Provisions of Section 9104.21 and 9104.22 shall govern. Amend Section 9104.21 Uses Permitted. All uses permitted in the respective district with which the .-H District is combined, subject to approval of design of building and design and location of parking lot, provided however, as follows: (a.) Off -Street parking on the building site shall be re- quired in all districts with which the "-H" District is combined, according to the following formula. (1} Retail Stores, 1 parking space for each 100 sq, ft. and 1 loading space for each 10,000 sq. ft. of store floor area.. (2) Office :buildings, 1 parking space for each 200 sq. ft. of floor area. (3) Wholesale and industry, 2 parking spaces for Each 3 employees, but in no case less than 1 parking space per each 2000 sq. ft. and 1 loading space for each 10,000 sq. ft. of floor area. (4) Restaurants, 1 parking space for each 3 seats. (5) Public. Assembly, 1 parking space for each 5 seats. (6) Theatres, 1 parking space for each 5 seats. (7) Hotels, 1 parking space for each 2 guest rooms (8) Hospitals, 1 parking space for each bed, and in addition 1 parking space for each resident doctor and each employee. (9) Clinics, 1 parking space for each 100 sq. ft. of floor area, plus 1 additional space for each doctor and each employee. (b) The Planning Commission, on petition of the may waive or reduce off-street parking reglAirredpbylthewner, terms of this section under the following conditions: (1) W:a4i the proposed use is within 200 feet of a municipal off-street parking lot deemed sufficient by the Planning Commission to meet the maximum re- quirements of the area. Section 9105.2 Height Limits Amend subsection (b) No fence, hedge or screen planting of any kind shall here- after be constructed or grown to exceed 61 ir. height within any required side yard to the rear of the front line of any dwelling or along any rear property line; not to exceed 3' in height alcng the property line to the front of any dwelling or within 151 of the corner of any intersecting streets; provided that in subdivi- sions where lots or building sites are laid out or planned to border a street and overlook a waterway, beach, bluff or common walkway, 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 buildings, provided that all of the 11cs in a block conform to this pattern. In all such cases the required setback from the street shall be a minimum of 51 and the normal front yard requirements shall apply to the portion of such lots adjacent to any waterway, beach, bluff or common walkway. GENERAL PROVISIONS Section 9105.4 Yards Amend subsection (e) In areas having alleys to the rear of lots, no attached or detached garage or fence shall be constructed closer than 10 feet from the center line of an alley 10, or less in width and 122' from the curb line of a 151 alley Amend Section 9105.4 (,f) In case an accessory building is attached to the main build- ing, 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 ordinance applicable to the main building. Un- less so attached an accessory building in an "R" District shall be located on the rear one-half of the lot and at least six (6) feet from any dwelling building existing or under construction 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 loca- tion of the accessory building on the front half of the lot ana de- tached from the main building without a variance, provided the loca- tion will not be detrimental to adjoining property and further provided that the Planning Commission approves of the elevation and location of said accessory building. Said detached accessory building may be built to within one (1) foot of one of the side lot lines. Such accessory building shall not'be located within five (5) feet of any alley or within five (5) feet of the side line of any alley or within five (5) feet of the side line of the front -fl of any adjacent lot, or in the case of a corner lot, to project beyond the front yard required or existing on the adjacent lot. In the case of a lot abutting on two or more streets, 6. no building shall be erected closer to the property ling than the front yard setback, established on either street. In the case of subdivisions where the rear of lots normally border streets and the front of the lots face a common walkway, the main structure and/or accessory buildings may be constructed within five (5) feet of the rear property line. Section 0105.4 Amend subsection (g) Every building or portion thereof which is designed or used for any dwelling purpose in any "C" District shall comply with the requirements of the R-3 District for determining front yard set- backs, provided however, that if the entire ground floor is used for any commercial purpose the provisions for "C" or "M" Districts may be applied. Section 9105.4 (c) Add subsection (c) Marquees, awnings or shades may project from the building into the front yard setback in any "R'Zone, not to exceed five feet from the building nor more than one-half the depth of the required front yard, and be within the required inner side yard lines and have a clearance above grade vertically of not less than six feet six inches. 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. Section 9105.5 (d) Amend subsection (d) Not less than 1 parking space for each three (3) guest rooms. Amend Section 9105.6 Arch Control (a) In case an application is made for a permit for any build- ing or structure in any C -N, "C" or "M" District, said applicati7n shall be accompanied by architectural drawings or sketchLs and plot plans, all to a workable scale, show- ing 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 draw- ing or sketches shall be considered by the P}.anning Com- mission 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 to Impair the desirability of investment or occupation in the neighborhood. 7. (b) The Planning Commission may appoint an Architectural Committee of three members, who may be employees in the Following departments of the City of Newport Beach, Building Inspecti,Dn and City Engineer. (c) The Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 9105.6 of this Article, 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 Article IX of the Municipal Code of the City of Newport Beach"; shall be approved by the Plan- ning Commission and the City Council, and shall be on file in the City Building Inspector's Office. Said draw- ings shall show desirable Architectural standards, but are not designs which must be copied in order to secure approval of plans. (d) In case the applicant is not satisfied with the decision of the Architectural Committee, he may within thirty (30) days after such action appeal in Wviting to the Planning Commission. The Architectural Committee, may if it deems advisable,refer any application for archi- tectural approval to the Planning Commission for its decision. (e) In case the applicant is not satisfied with the action of the Planning Commission, he may within thirty (30) days, appeal in writing to the City Council and said Council shall render its decision within thirty (30) days after the filing of such appeal. (f) No permit shall be issued in any case hereinabove mention- ed until such drawings and sketches have been approved by the Planning 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. Section 9.106.21 Application (a) Application for a use permit shall be made to the Plan- ning Commission in writing on a form prescribed by the Commission and shall be accompanied by plans and eleva- tions necessary to show the detail of the proposed build- ing or use. Such applications shall be accompanied by a fee of $25.00 if a public hearing is deemed necessary by the Planning Commission, or $15.00 if no public hear- ing is required. C E (b) Where a public hearing is deemed necessary by the Planning Commission they may require the applicant to furnish the commission a certified list of property owners, as required by Section 9106.229 accompanied by a filing fee of $15.00 in lieu of the $25.00 fee. Section 9106.22 Public Hearings Attend subsection (b) (b) In case aui� hearing is deemed necessary, a notice of such hearing shall be gven at least five days prior to such hearing, through the mail to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of applicants, property. Section 9106.31 Applicatic; :-, Amend Section (a) (a) Application for a variance shall be made by the property owners in writing on a form prescribed by the Planning Commission and shall be accompanied by a fee of $50.00. The Planning Commission may require the applicant to furnish a certified list of property owners as required by Section 9106.32, acc0mnan1=,1 by a filing fee of $25.00 in lieu of the $50.00 .required in subsection (a) above. In either case, the application shall, in addition, be accompanied by a statement, plans and evidence showing: a e Section 9106.32 Public Hearings. Amend subsection (a) (a) A public hearing shall be held within 45 days after filing of the application, notice of which shall be given at least five days prior to such hearing through the mail to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of the applicants property, � Z iAIL Aft Section 9106.41 Amend: d Any zoning permit, rise permit or variance granted in accordance with the terms of this article shall be revoked if not used within one and one-half years from date of ap- proval, unless on approval., the Planning Commission speci- fies a longer period of time. Section 9106.52 (a), (b), (c) Amend: (a) The Planning Commission shall hold at least one (1) public hearing on any proposed amendm:nt, and shall give notice thereof by at least one Yjublication in a newspaper of eneral. circulation within the City at least ten (1 days days prior to the first of such hearings. (b) In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify any property from any district to any other district, the Planning Commission shall give additional notice through the U. S. Mails at least five days prior to the first of any public hearings to all property owners within 300' of the applicants property, as shown on the last approved assessment rolls of the city. (c) Any failure to mail such notices as aforesaid shall not invalidate any proceedings for amendment of this article. Section 9107.17 Building Site A lot or parcel of ].and, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, to- gether with such open spaces as are required by the terms of t,hlo Article, and having its principal frontage on a street, road, high- way, waterway or ocean front. Section 9107.27 Garage Space An accessible and usable covered space of not less than ten (10) feet by twenty (20) feet for the parking of automobiles off the street, such space to be so located on the lot so as to meet the requirements of this Article for an accessory building. Any such garage space to be located on the front half of a lot shall have side walls, roof, and an operating garage door for access of automobiles. (Section 9107.27 amended by Ordinance No. 756, adopted September 26, 1955.) 10. Section 9107,32 Parking Space An accessible and usable space on the building site located off the street with access for parking of automobiles. The size of each space and the access thereto shall be as indi- cated on the standards for parking layout adopted by the Planning Commission and on file in the Building Inspector's Office. 11. ........... KI 1 j G doe CC: City, Attorney ,. ROBERT SHELTON Ci ty I%nager City Clerk mWAny WO calls, 4 too oil hot" sm, Aum�mfy MR ................... NOW each W-0 '. 7,1NI, '59-1 4 I ON 5I-1 4W .. woo, ZZ sum loll ml� ANA -Wc _111 . . . . . . . . . . . . . . . . . . T11n 01 mWAny WO calls, 4 too oil hot" sm, Aum�mfy MR ................... NOW each W-0 '. 7,1NI, '59-1 4 I ON 5I-1 4W .. woo, ZZ sum loll ml� ANA -Wc _111 . . . . . . . . . . . . . . . . . . T11n g AFFIDAVIT OF PUBLICATION STA' E OF CALIFORNIA, Courcy of Orange, of thr- s�Jd County, ooing duly sworn, deposes and says: THAT he is and at all times here menrioned was a 6tizer- of the United States, over the agP -)f eighteen years, and that ............... he is not a party to, nor interested in the above entitled mater; that ... he is the *........... .... ............. F. it the /ear 19 %7 .. .... 'P, -Mr er Foreman of the Printer or Principal Cleric of the Printer. Subscribed and .Sworn to before me this ...............1. '_'9t`_1 day of... '�� 7zbF r .__....., 19.ST.... (SEAL) Notary Public in and for said County and State. Nly Cnr, nis' ton Expires Nove:nber 17S4 19 ................ This space is for the County Clerk's Filing Stamp Affidavit of Publication of 3VPTLIVJM:. NU1SLW BEA that the Pianatn' th® G4tY o� 2veu'^t - t�v1d twty:publFe �p�lit�t,ot►nf ''l��kt€,. 53oia, City:: of is€e'rt i wia 6;!s of .the t o6 bf ;,.tile Cita ' ° of lisach, Natica; i� herttbY il:vct giilcl: }sL■ aiJu ' 11r iu WM of-- tl', -"J8th fty,;mak.; De IM7: And, 4 printer of the Newport Harbor J News,: Press a nev,spaper of genera! circulation, i Fes„ ,rd �ub.iit�c�:� in the CiTy or Newport Beach. County of Orange, and which newspaper has Leen adiudged a newspaper of general cir- cu',ltion by the Superior Court of the County ,c7! C.1,jm ;c'. `?rltC' of C a!iforn,a, under dais of October 22 195-' Case Number A 24831;, that !�he not;ce of which the annexed is a printed cagy, .,,a been pr,blished in each regular and er,tir� :su t` s_iid newspaper and not in any suppi :rY^` t ereaf un the following dates, ............. F. it the /ear 19 %7 .. .... 'P, -Mr er Foreman of the Printer or Principal Cleric of the Printer. Subscribed and .Sworn to before me this ...............1. '_'9t`_1 day of... '�� 7zbF r .__....., 19.ST.... (SEAL) Notary Public in and for said County and State. Nly Cnr, nis' ton Expires Nove:nber 17S4 19 ................ This space is for the County Clerk's Filing Stamp Affidavit of Publication of 3VPTLIVJM:. NU1SLW BEA that the Pianatn' th® G4tY o� 2veu'^t - t�v1d twty:publFe �p�lit�t,ot►nf ''l��kt€,. 53oia, City:: of is€e'rt i wia 6;!s of .the t o6 bf ;,.tile Cita ' ° of lisach, Natica; i� herttbY il:vct giilcl: }sL■ aiJu ' 11r iu WM of-- tl', -"J8th fty,;mak.; De IM7: And, 4 x yr rMINN. i