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HomeMy WebLinkAboutAM0071� a 7-2;-64/59 ORDINANCE Noe 9()' AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLE Ix orTHE _ ORT BEACH MUNICIPAL COBE RELATING O PLAMING tM ZONING The City Council of the City of Newport Reach does ordain as follows - SECTION 1. Sections 91020 is added to the New -port Beach Municipal Code to read; ''SECTION 9102.3. Ary district adjoins any right- of-way extends to the center of such right -01 -way- tt SECTION 2: Section 9103.13 of the Newport Beach Municipal Code is amended to read: ''SECTION 9103.13. Building Site Area and Lot Width Required: (a) For each c' elli> -- mini.mum of five thousand (5,000) aqu re fret and minim= width of fift (50) est on interior lata, mini of six thousand (6, 00) square feet and minim= uldth of sixty (60) feet an corner lots. In no case shall tonere be more then one (1) single family d ellirm on any one (1; building site, Se Section 9105.3 for excepti.ona , )tt SECTION 3: Section, 9103.23 of the Newport Beach Municipal Cade is amended to read: ,'SECTION 9103.23. Building Site Area and Lot Width Required: (:q) For each two (2) !i: Klings or one du lex nm mini- m of five thousand (5,090) square feet and du width of fifty (50) feet on interior Iota, minimum of six thor rind (6,000) square feet and minim vidth of sixty (60) feet on corer lots. In no case shall there be more than tvo (2) sing le family dwellings or cane duplex on any one (I building site. (See ctioxn 9105.3 for exceptionz. (b) For each family unit in any building -- mi lmmi of one thousand (1,000) square feet of :.and area." SECTION 4: Section 9103.35 of the Newport Beach Xmicipal Carie is amended to read: "SECTION 9103.35. Building Site Area Required: (a) For each building or group of buildings -- minimum of five thousand `5,000) aguare feet and mixrlmum width of fifty (50) feet on interior lots, minimum of oix thousand (6,000) sjuare feet and minimum width of sixty (60) feet on corner lots, (b) For each family unit in any building or group of buildings --- minimum of twelve hundred (1200) square feet of laud area." SECTION 5: Section 9103.51 of the Newport Beach Mmicipal Cod4 is amended to read: "SECTIO 9103.51. Uses Permitted: (a) Professional offices, community centers, social halls, lodges and clubs. (h) Retail stores and personal service establishments within a building, including appliance stores, bakeries {not wholesale), banks, barber shags, beauty parlors, book stores, department stores, drug stores, food shape, hard- ware stores, nurseries, offices, radio stores, gasoline serr:ce 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) Signs appurtenant to any permitted use." SECTION 6: Section 9103.52 of the Newport Beach Municipal Code is amended to read: "SECTION ')103.52. Uses permitted, subject to first seeuriug a Uie Permit in each case: (a) Animal hospitals, auto sales and repair shops, boat sales, marine service stations, cleaning establish- ments, la;u-ndries, launderettes, mortuaries, outdoor markets, wholesale stores, outdoor sales establishments, pet shops, public garages, trailer courts, theatres, used car sales lots and other uses which in the opinion of the Planning Commission are of €a similar nature. (U) handicraft enterprises, including the snum factoring and repair of household furnishings, clothing, ceramics, novelties and toys, and uses which in the opinion of the Planning Commission are of a similar nature. (c) Hotels, motels, boarding houses and residen- tial uses. (d) Signs, other than t oee appurtenant to any permitted g SECTION 7: Section 9103.55 of the Newport Beach Mun,icipa? Code is ascended to read: "SECTION 91.03.55. Yards Required: (a) Front yards: None, except: where the frontage in a block is partially in an W District; in which case the front yard shall be the same as required in such rR� District. (b) Side yards: None, except where the side of a lot abuts upon the side of a lot in an °R' District, in Mich case the side yard shall be not: less than three (3) feet. (c) Rear yards; None, except -where the rear of a lot abuts on an °Re District, in which case the rear yard shall be not less than three (3) feet. feet. (d) Rear yards abutting alleys: Minimum ten (10) (e) yard requirements for residential uses shall be established by use permit procedure." SECTION 8: Section 9103.61 of the Newport Beach Municipal Code is amended to read: "SECTION 9103.61. Uses Permitted: (a) Professional offices, co-mrminity centers, social halls and clubs. (b) Wholesale stores and storage within a building, wholesale bakeries. (c-) The following uses when conducted within a buildinb or enclosed by a solid board or masonry fence at least- six (6) feet in height in each case: Creameries, bottling works, building material yards, contractors yards, feed and fuel yards, including machine shops, storage of goods a-od materials and other uses which in the opinion of the Pianning Commission are of a similar nature. (d) Signs appurtenant to any permitted use." SECTION 9: Section 9103.62 of the Newport Beach Municipal Code is amended to read: "SECTION 9103.62. Uses permitted, subject to first securing a Use Permit in each case: (a) Lumber yards, light mi nufacturi.ng, including manufacture and repair of boats, clothing, novelties and toys, and gases which in the opinion of the Planning Commission are of a similar nature. (b) Hotels, motels, residential uses an.d trailer courts. (c) Signs, other than, those appurtenant to any permitted use." SECTION 10: Section 9103.65 of the Nevrpor= Beach Municipal Code is amended to read: "SECTION 9103.65. Yards Required: (a) Front yards None, except whers the 3.rontage in a block is partialiv in an W District, in which case the fron.yard shall b the same as required in such. District. (b) Side yards: bone, except where the side of a lot abuts upon the side of a lot in an 'R' District, in which ca:^e the side yard shall be not .less than three (3) feet. (c) Rear yards: None, except where the rear of a lot abuts on an sRe District, in which case the rear yard shall be not less than three (3) feet. 3. feat. (d) Rear yards abutting on alleys: Minimum ten (10) (e) Yard requirements for residential uses shall be established by use permits procedure.' SECTION 11: Section 9103.75 of the Newport. Beach Xuni- cipal Code is amended to read: "SECTION 9103.75. Yards Required: (a) Front yards: None, except where the frontage in a black is partially in an 8R° District, in which case the front yard shall be the same as required in such V District. (b) Side yards: None, except where the side of a lot abuts upon the side of a lot in an QPM° District, in which case the side yard shall be not less, than five (5) feet. kcRear yards: None, except where the rear of a lot r. abuts oan ®R° District, in which case the rear yard shall. be not Tess than three (3) feet. (d) Rear yards abutting on alleys: Minimum ten (10) feet:.. (e) Yard regnirements for residential uses shall be established by use permit procedure," SECTION 12: Section 9103.91 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9103.°". Uses Permitted: Administrative; androfessional offices, accessoryto uses permitted in this district; residences for watchmen or custodians employed on site; employees cafeterias or audi- toriums; research laboratories and institutes; electrical and electronic products and instruments manuractu?:ing; car- tography; bookbinding, printing and lithography; fabrica- tion of plastic products; storage warehouse, excluding inflammable materials and truck terminals; editorial and designing; signs appurtenant to any permitted use located on property of use. SECTION 13: Section. 9104.21 of the NevTort Beach Muni- cipal ; to is amended to read: "SECTION 9104.21. Lases Permitted: All uses permitted in the respective districts with which the '-H' District is combined, subject to approval as to design of buildings and design and location of parking lot, prcrrided however as follows: (a) Off -st=reet parking, on the building site, or, with City Council approval upon recommendation of the Planning, Commission, on a separate lot from the building site or sites, sha Al be required in all districts with which the 1-H' District is combined, according to the following formula: (1) Retail Stores -m 1 parking space for. each 250 sq. ft. and 1 loading space for each 101000 sq. ft. of store floor area, 4. (2) Office Buildings -- 1 parking space for each 250 sq. ft. of floor area. (3) Wholesale and industry -- I parking space for each 2000 sq. ft. of gross Boor area and I loading space for each 10,000 sq. ft. of gross floor area, but in no event shall there be less than 10 parking spaces for each such establishment. (4) Restaurants -- I 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 -- I parking space for each bed, and in addition I parking space for each resident doctor and 1 for each employee. (9) Clinics -- I parking space for each 250 sq. ft. of £loon area, plus 1 additional space for each doctor and ]. for each employee. (10) Motels -- 1 parking space for each guest unit. (b) The Planning Commission shah, not recommend and the City Cour.cil shall not approve off-street parking on a separate lot from the building site or sites unless: ;l) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites; (2) parking on such lot c1411 not create undue traffic hazards in the surrounding area; (3) Such lot and the building site are in the samcape nership, or the o,mers of the build- ing sites have a common ownership in such lot, and the owner or cm ners are entitled to the immediate possession and use thereof (ow-nership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites); and (rt) the owner or omie;rs and the City upon the approval of the City Council execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance ox the re- quired off-street parking on such lot for the duration rf the proposed use or uses on the building site or sites. Should a change in Esse or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Building Department and planning Department." 5. SECTION 14: The first paragraph of Chipter 5, Article IX, of the Newport Beach Municipal Code is numbered Section 9105 and amended to read: "SECTION 9105. All sections of this Article shall be subject to the fallowing general provisions and exceptions:" SECTION 15: Section 9105.1 of the Newport Beach Muni- cipal Code i& amended to read: "SECTION 9105.1. Uses: (a) No circus, carnival, amusem,ant park, fur Zone, open air theatre, race track, private recreation center, or other similar establishment, shall be established in any district unless and until a Use Permit is first s --cured for the establishment, maintenance and operation of such use. (b) No dance hail, road house, night club, com- mercial club, or any establislunent where liquor is served, or commercial place of amusement or recreation or any such place or any other place where entertainers are provided, whether as social companions or otherwise, shall be established in any district closer than two hundred (200) feet to the boundary of any dwF:lling dis- trict, unless a Use Permit shall first have been secured for the establishment, .uaintenance and operation of such use. (c) Accessory uses and buildings in any V or W District are permitted where such uses or buildings are incidental to and do not alter the: character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be alloured only when constructed concurrent with or sub- sequent to the main building. (d) Accessory uses normally a part of any use per- mitted in any 'R' District may be permitted. This shall not be construed as permitting any commercial use in any °R° District unless such ;q specified in the regu- lations foz- the district, nor shall this be deemed to allow the manufacturing or processing of any substance or corinnadity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (e) public or no fee private parking lots for automobiles may be permitter. in any W District ad- jacent to any C° or W District, subject to first securing a Use permit in each case. ;I (f) Churches, schools, hospitals, parks and play- grounds, yacht clubs, cemeteries (minimum area twenty � (20) acres), mausoleums, crematories, public utility, public and quasi -public 'buildings, and municipally 0 operated parking lots may be permitted in any district, subject to first securing a Use Permit in each case. (g) The removal of earthen m terials may be peniitted in any distract, subject to first securing a Use Permit in each case. (No permit required for normal grading or landscaping on lots of record.) (h) The Planning Director may approve temporary signs to advertise a subdivision and temporary tract or real estate offices for sales in new subdivisions for a period not to exceed one (1) year following the date of approval of the final map. The Planning Director may approve temporary struca ttxr.es for the housing of tools and equipment or super- visory offices for a period not to exceed one (1) year in connection with major construction during the progress of such construction. The Planning Director may approve an extension of periods of time specified in this subsection.41 SECTION 16: Section 9106.21 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 3106.21. Application. (a) Application for 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 pr6posed building or use. Such application shall be accompanied by a fee of Twenty-five Doliars ($25.00) if a public hearing iq deemed necessar by the Planning Commission, or Fifteen. Dollars ($15.00] if no public hearing is required." SECTION 17: Section 9106.22 of the Neu -port Beach Muni- cipal Code Is amended to read: "SECTION 9106.22. Public Hearings. (a) No public hearing need be held thereon,pro- vided that the Planning Commission may held any hearings as Lt deems necessary. (b) men a public hearing is deemed necessary, notice of such hearing shall be given by publication in tiie official newspaper of the City and by posting said not:,ce in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing or by mailing said notice, postage pre- paid, at least five (S) days prior to the hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of applicants property." 7. SECTION 18: Section 9106.24 of the NewpDrt Beach Muni- cipal Code is amended to read: "SECTION 9106.24. ,Appeal. (a) In case the applicant or any other person, firm or corporation is not satisfied with the action of the Planning Commission, he may within fifteen (15) days appeal in writing to the City Council. (b) The City Council shall set date for public hear- ing and give notice as required in Section 9106.22(b). Notice shall also be given to the Planning Connission of such appeal. and the Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hearing. (c) The City Council shall render its decisi^n within sixty (60) days after the filing of such appeal." SECTION 13: Section 9106.31 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9106.31. Application. (a) Application for a variance shall be made in writing on a form prescribed by the Planning Commission and sha11 be accompanied by a filing fee of Fifty Dollars ($50.00) if a public hearing is deemed necessary by the Planning Director, or Fifteen Dollars ($15.00) if no public hearing is required. The application shall, in addition, be accompanied by a statement, plans and evidence showing: (1) That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circ,.aastances or conditions do not apply generally to land, buildings and/or uses in the same district. (2) Thac the granting of the application is neces- sary for the preservation and enjoyment of substanticl- property rights rf the applicant. (3) That the granting of such application will not, under the circumstances of the partic- ular case, materially affect adversely the health or safety of persons residing or work- ing in the neighborhood of the property of the applicant and will not under the cir- cumstances of the particular case be materi- ally detrimental to the public welfare or injurious to property or improvements in saia neighborhood." SECTION 20: Section 9106.32 of the Newport Beach Muni- cipal Code is amended to read: M "SECTION 9100.32. Public Hearings. (a) A public bearing shall be held within sixty (60) days after filing of the application, notice of which shall be given by publication in the official newspaper of the City and by posting said notice in not less than two (2) conspicuous places on or close to the propsrty at least ten (10) days prior to the hearing or by mailing said notice, postage prepaid, at least five (5) days prior to the hearing to all property owners chose names and addresses appear on the latest adopted tax roll as owning property within a dis- tance of three hundred (300) feet from the exterior boundar- ies of appllcant,a property; provided, however, that public hearings xaeed not be held on applications seeking deviations from yard requirements permitting a building or structure to extend into or occupy a required side, rear or frontyyard, court or other open space a distance not exceeding 10% of the width or depot thereof or from regulations establishing the location of accessory buildings unless a 'tearing is deemed necessary by the Planning Director." SECTION 21: Section 9106.34 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9106.34. Appeal. (a) In case the applicant or any person, firm or cornoratiorx is not satisfied with the action of the Plan- ning GomUsston, he may within fifteen (15) days appeal in u-riting to the City Council. (b) The City Council shall set date for public hearing and give notice as required in Section 9116.32(a). Notice shall also be given to the Planning Commission of such appeal and the Planning Coimnission shall submit a report to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hearing. (c:) The City Council shall render its decision within sixty (60) days after the filing of such appeal." SECTION 22: Section 9106.35 of the Newport Beach 14uni- cipal Code is amended to read: "SECTION 9106.35. Appeals. (a) The Planning Commission shall have the power to hear and decide appeals based on the enforcement or inter- pretation of the provisions of this Article. (b) In case an applicant is not satisfied with the action of the Punning Cowmission on his appeal., he may within fifteen (15) clays appeal in writing to the City Council. (c) Notice shall be given to the Planning Commission Of such a,�peal and the Planning Commission shall submit a report to the City Council settling forth the reasons for action taker by the Commission or shall be represented at the. Council meeting at the time the matter is heard. (d) The City Council shall render its decision witk+.1,�k thirty (30) days after the filing of such appeal." 'y t SECTION 23: ..This ordinance shall be published once in the Newport Harbor News Press, a newspaper of general circulation, printed and published in the (pity of Newport Beach, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council. of the City of Newport Beach held on the 23rd day of November, 1959, and was adopted on the 2day of 1959, by the following voter to writ: AYES, COUNCILMEN: s1:vy, . +_1, .. LS 01 NUBS, COUNCIL N: �r« ABSENT COUNCILMN: 7-aJ.en, ATTEST: Emma, qo� J �f t H5 'rt 1960 l f if RAT SO r N ':C 31s{.. �. ?, .Y.xaii Cl .r ,:_'y E. •.!. . a `.�IryP. aS L_?.'�.YC,;� ',; r�, ... ` �... Y�.. ,�_ - 7 Lt� Yi L... 4 .fix f x"� o ✓ ...'ice �..,i r� I .,Z�, w f ` - y _. w.1�.S 1 iF '.ru G �.n3� r5�-J m � iC�-=. � IL-,6. aF .. OWN.r. w. ✓ ° ��.�1.. _. f�� .�.,at`... L .} nelii:Lit 25 `? 3 3 is :a e w- -4,3 4a :; � , .. _ �-�:.x �. i 'Es .. >.S a ,. 2 r � i. ?i✓ �.£. yr:�''%a _. J p-,-, �.. f,?,. ". a . 9.1 ��vC �:.:.k77;.3 €:X �-.�3' C,t ..FS����t5 ul �_{. L _.. was i•....{� -�. s� i f,.:J 4... 0�,. tea. r::�'•--SL- yy'L i .... _ .Li . language A Section 9105.8. �__ :3 „� �_ ."ix.` r 41 _ �r� � ;.J.0 u .au .,ii This y.`=<' w s3'. v y for NA's - ifs c`• _ t ..,.. s"T CRY Wtorney n- ' City CleA, re r'3 1 CITY OF NEWPORT B&ACH CITY ATTORNFY .DPAF�.� To: The Honorable Mayor and City Council From: Cit; Attorney January 7, 1960 Subject: Zoning amendments consisting of Sections 9105.5 and 9105.5 In considering the amendments to Article IX of the Newport reach Municipal Code, the City Council referred the proposed amendment to Section 91.05.5 and the proposed re -or Section 9105.8 to me for review and further consideration. In connection with Section 9105.5, I was requested to review this proposed amendment to determine the feasibility of excepting certain property ftom its application. It ,;ou:'_d be possible to rerarite the amendment to exclude property from its application by classifying the property to be excluded according to zone and lot size or other description that would make the exception apply to all property similarly situated. However, to incorporate exceptions of this kind in the zoning, regulations can only result in diificu'_ty in adm_.nistration of those regulations. It was requested that Section 9105.8 be reviewed to see if it is necessary to include the provision requ:I.ring the non -conforming building to substantially conform to the requirements of the build- ing code in order that additions may be made without a u -•e permit. Also, it was suggested that conside3rati.cm be given to the use of the word i1addit:ions" and whether other alterations as well should be permitted without a use permit. The section has been redrafted and is in-worporated in the ordinance attached hereto. The reference to substantial conformity to the requi,rer,►ents of the building code h.._> beam omitted. This provision would be subject to an Interpretation so restrictive that very few additions would be permitted under the pxoposed new section. In reviewing the question of whether it should apply to additions only or should also include alterations, it was felt after consul- tation with the Planning Director that it may be: well for the Planning Commission to consider whether to permit alterations to nonconforming buildi4s inasmuch as the i_erm "alterations" is much broader than the term additions". If the Council feels these provisions should be enacted in the at- tached form, it would be in order to introduce the ordinance, waive the first reading and set for hearing at a future Council meeting. After the hearing, the ordinance could he adopted. WWC:mec Walter W. Charamz a Enc. City Attorney cc ® City Manager, City Clerk, Planning Director,,, VjWC : mec 1117/60 ORDINANCE NO. AN ORDINANCE OF TIS CITY OF NEWPORT BEACH AMENDING SECTION 9105.5 AND ADDING SECTION 9105.8 IN ARTICLE IX OF THE NEWPORT BEACH MUNICIPAL CODE PXLATiNG TO PLANNING AND ZONING The City Council- of the City of Newport Beach does ordain as follows: `;:CT70-IN 1: Section 9105.5 of the Newport Beach Municipal Code is amended to read: "SECTION 9105.5. Automobile Storage or Parkin Space: Accessible storage or parking space for the parking of automobiles off the street shall he provided in all districts, as follosts (a) Not less than one (1) garage space for each single family dwelling. (b) Not less than one (1) garage space for each .family unit in any duplex, triplex or dwelling group of four (4) or less family units. (c) Not less than one (l.) garage space for each two (2) guest rooms in any rooming house. (d) Not less than ore (1) parking space for each tzra (2) guest room in any hotel. (e) Not less than one (1) garage space for each of the first four (4) family units, and two (2) off-street parking spaces, one (1) of which must be a garage space, for each additional family unit, in any dwelling group of more than four (4) family units. less than two (2) garage spaces per family unit in any residential W District. Parking space required for other uses allowed in any 'R1 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 2: Section 91.05.8 is added to the Newport Beach Municipal- Code to read: "SECTION 9105.8. Non-Conformin BuJ.ld_nzs •- Additions. Notwithstanding the provisions of Section 9105.7(g) regz-: :_ inp; a Use Permit for certain repairs or alterations to aon-ccafor-ming buildings, additions to a building which is non-corforming only because such building does not meet t;w yard requirements of this Article shall be permitted witho;yt_ a Use Permit under the following conditions: (a) 'L'he proposed aeldi%ions will comply with all re- quirements of this Article i_n effect on the date the ap- plication for a building permit is made. M The Planning Director determines that the construc- tion and maintenance of the proposed additions, whers con- sidered in conjunction with the existing non-can£orining building, will not result in conditions detrimental to the health, safety, comfort or general welfare of persons in the -neighborhood or be detrimental or injurious to propert� in the nei.ghborhlood or to Lhe general welfare of the City.' SECTTON 3. This ordinance shall be published once in the Newport Harbor News Press, a newspaper of general circulation, printed and publ.shed in the City of Newport Beach, and the same shall be effective 30 days after the data of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of January, 1.960, and was adopted on the � day of ATTEST , 1964, by the following vote, to wit: AXES, COLVCILMEN. NOES, COUNCILMEN ABSENT COUNCILMEN: 2. C ITS' OF NEWPORT DEA( CITY ATTORNEY DEPARTMENT To; City Clerk From. City Attorney Subject: Neu., draft of Ordinance No. 901 Forwa�-dwd are sufficient copies of OrdiT fila end fQr ili 3tributZf92k to memml-%erS of This draft of 12/16/59 contains the changes that were ap- proved in the Council Lne.eting on December 1-4. The changes consisted of adding Sections 9103.51, 9103.52, 9103.61 and 9103.62 for amendment and revising Section 9104.21. Section 9104.221 was amended from the previous draft to require City Council approval upon reco=jendation of the Planning Com -- mission for off. -street parking on a lot separate from the building sio e. It also was amended to require the written instrument for binding the: lot to be used for parking to be executed by the City upon approval, by the City Council. Copies of this memorandum along with copies of the ordinance in its present ford are being forwarded to the Planning Director for distribution to the members of the Planning CaM.ni.ssion. VVIC .pie c Encs. cc - City Manager Planning Director Director of Public Works L� Walter W. Charam:�g City Attorney C .-Mec 12/16 159 ORDINANCE NO. AN 0111DINANCE OF THE CITY 0F NEWPORT BEACH AM DTDING AND ADDING CERTAIN SECTIONS TO ARTICLE IX OF THE NLVPORT BEACH MIRLICIPAL CODE RELATING TO PIANNING AND ZONING The City Council of the City of Newport Beach does ordain as follows: SE'C'TION 1: Section 9102.3 is gadded to the Newport each Municipal Code to read: "SECTION 9102.3. Any district, adjoinsng any right- of-way extends to the center o:� such rightmof way.i° SECTION 2: Section 9103.13 of the Newp*rt Beach Municipal Code is amended to read: "SE"CTION 9103.13. Building, Site; Area and Lot Width Required: (a) For each dwelling -a minimum of five thousand (5,000) square feet and mi.nivaaum width of fifty (50) feet on interior lots, minimum of six thousand (6,000) square fact and minims width of sixty (60) feet on corner lots. In no case shall there be more than one �1) single family dwelling on any one (1j building site. See Section 91.05.3 for exceptions. it SECTION 3: Section 9103.23 of the Newport Beach Municipal Code is amended to read: "SECTION 9103.23. Building Site area and Lot Widti. Required: (a) For each two (2) dwellings or one duplex w- mini- mum of five thousand (5,000) square feet and minimum width of fifty (50) feet on interior lots, minimum of six thousand (5,000)'square feet and winimum width of sixty (60) feet on corner lots. In no case shall there be more than two (2) sing le familydwe'1ings or one duplex on any one (1) building site. (See Section 9105.3 for exceptions.)) (b) For each family unit in any building a- mini of one thousand (1.,000) square feet of lard area." SECTION 4: Section. 9:03.35 of the Newport Beach Municipal Code is amended to read: „SECTION 91.03.35. building Site Area Requirei: (a) For each building or group of buildings m.. minim= of five thousand (5,000) sgl.:are feet and minimum width of fifty (50) feet on interior lots, rainimum of six thousand (6,000) sq,tare feet and minimum width of sixty (60) feet on corner lots. (b) For each family wait in any building or group of buildings ar mininnxm of M;elve hundred (1200) square: feet of lFlhl Gi,;ea.12 M SECTION 5: Section 9103.51 of the Newport Beach Municipal Code is amended to read: "SECTION 9103.51. Uses Permitted; (a) Professional offices, community centers, Social halls, lodges and clubs. (b) Retail stores and personal service establishments within a building, including appliance stores, bakeries (not wholesale), banks, barber shops, beauty parlors, book stores, department stores, drug storep, 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) Signs appurtenant to any permitted use." SECTION 6: Section 910;:.52 of the Newport Beach Municipal Code is amended to read: "SECTION 9103.52. Uses permitted, subject to first securing a Use Permit in each case: (a) Animal hospitals, Butt sales and repair shops, boat sales, marine service stations, cleaning establish- ments, laundries, launderettes, mortuaries, outdoor markets, wholesale stores, outdoor sales establishments, pet shops, public garages, trailer courts, theatres, used car sales lots and other uses which in the on inion of the Planning Commission are of a similar nature. (b) Llandicraft enterprises, includi:ag the manu- facturing and repair of household furnishings, clothing, ceramics, novelties and toys, and uses which in the opinion of the Planning Commission are of a similar nature. (c) Hotels, motels, boarding houses and residen- tial uses. (d) Signs, other than those apurtenan.t to away permitted use, including billboards.' SECTION '.': Section 9103.55 of the Newport Beach Municipal Code is amended to -read: "SECTION 9103.55. Yards required: (a) Front yards: None, except where the frontage in a block is partially in an W District, in which case the front yard shall be the same as required in such District, (b) Side yards: None, except where the side of a lot abuts upon the side of a lot in an W District, in which case the side yard shall be not less than three (3) feet. (c) Rear yards: Mone, except where the gear of a lot abuts on an 'R° District, in which case the rear yard shall be not less than three (3) feet. 2. (d) Rear yards abutting alleys: Minimum ten (10) feet.. (e) Yard requirements for residential uses shall be established by use permit procedure." SECTION" S: Section 9103.61 of the Newport Beach Municipal Code is amended to read: "SECTION 9103.61. Uses Permitted: (a) Professional offices, community centers, social halls and clubs. (b) Wholesale stores and storage within a building, wholesale bakeries. (c) The following uses when conducted within a building or enclosed by a solid board or masonry fence at least six (6) feet in height in each case: Creameries, bottling works, building material yards, contractors yards, feed and fuel yards, including machine shops, storage of goods and materials and other uses which in the opinion of the Planning Commission are of a similar mature. (d) Signs appurtenant to any permitted use." SECTION 9: Section 9.03.62 of the Newport Beach Municipal Code is amended to read: "SECTION 9103.62. Uses permitted, subject to first securing a Use Permit in each case: (a) Lumber yards, light manufacturing, including manufacture and repair of boats, clothing, novelties and toys, and uses which in the opinion of the Planning Cormmissioa are of a similar nature. (b) Hotels, motels, residential uses and trailer courts. (c) Signs, other than those appurtenant to any permitted use." SECTION 10: Section 9103.65 of the Newport Beach Municipal Code is amended to read: "SECTION 91.03.65. Yards Required: (a) Front yards: Node, except where the frontage in a block is partially in an W District, in which ca.7e the front yard shall be the same as :required in suoll °Re District. (b) Side yards: None, except where to e side of a lot abuts upon the side of a lot In an 'R° District, in which case the side yard shall 6e nit ;Less than three ("i) feet. (c) Rear yards: None, except where the Lear of a lot abuts on an W District, in which case the rear y«rd shall be not less than three (3) feet. 3. { : s (d) Rear yards abutting on alleys: Minimum ten (10) feet. (e) Yard requirements for residential uses shall be established by use permit. procedure." SECTi:ON 11: Section 9103.75 of the Newport Beach Muni- cipal Code is amended to reach: "SECTION 9103.75. Yards Required: fa) Front yards: None, except where the frontage in a block is partially in an W District, in which case the front yard shall be the same as required in such W District. (b) Side yards: None, except ;where the side of a lot abuts upon the side of a lot in an W District, in which case the side yard shall be not less than five (5) feet. (c) Rear yards: None, except where the rear of a lot abuts on an 'Rg District, in which case the rear yard shall be not less than. three (3) feed:. (d) Rear yards abutting on alleys: Minimum ten (10) feet. (e) Yard requirements for residential uses shall be established by use permit procedure." SECTION 12: Section 91.03.91 of the NevTort Beach Muni- cipal Code is amended to read: "SECTION 9103.91. Uses Permitted: Administrative and professional offices, accessory to uses permitted in this district; residences for watchmen or custodians employed on site; employees cafeterias or audi- tor:i_ums; research laboratories and institutes; electrical and electronic products and instruments manufacturing; car- tography; bookbinding, printing and lithography; fabrica- tion of plastic products; storage warehouse, excluding inflammable materials and truck terminals; editorial and designing; signs aapurtenant to any permitted use located on property of use. ' SECTION 13: Section 9104.21 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9104.21. uses Permitted: All uses permitted in the respective districts with which the '-H� District is combined, subject to approval as to design of buildings and design and location of parking lot, provided how*ever as follows; (a) off-street parking, on the building site, or, with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sires, shall be required in all districts with which the '-ti' District ;s combined, according to the following formula: (1) Retail Stores -- 1 parking space for each 250 sq. ft. and I loading space for each 102,010 sq, ft. of store floor area. 4. (2) Office Buildings -a 1 parking space for each 250 sq. ft. of floor area. _ (3) Wholesale and Industry __ l parking space for each 2000 sq. ft. of grass floor area and I loading space for each 10,000 sq. ft. of gross floor area, but in no event shall there be less than 10 parking spaces for each such establishment. (4) Restaurants 1 parking space for each 3 seats. (5) Public Assembly 1 parking space for each 5 seats. (5) Theatres ny I parking space for each 5 seats. (?) Motels 1 parking space for each 2 guest rooms. (a) Hospitals «m I parking space for each bed, and in addition l parking space for each residonr doctor and 1 for each employee. (9) linics -- 1 parking space for each 250 sq. ft. of floor area, plus 1 additional space for each doctor and 1 for each employee. (10) Motels -m I parking space for each guest unit. (b) The Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: (1) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites; (2) Parking on such lot will not create undue traffic hazards in the surrounding area; (3) Such lot and the building site are in the same ownership, or the owners of the build- ing sites have a common ownership in such lot, and the owner or osmers are entitled to the immediate possession and use thereof (omiership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites); and (4) The owxmer or owners and the City upon the approval of the City Council execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the re- quired off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or ;additional -ase be proposed, tho off-street parking regulations :pplicabl e at the time shall apply. Such: instruments shall be recorded in the office of the Connty Recorder and copies thereof filed with the Building Department and Planning Department." 5. SECTION 14: The first paragraph of Chapter 5, Article IX, of the Newport Beach municipal. Code is numbered Section 9105 and amended to read: "SECTION 5105. All sections of this Article shall be subject to the following general provisions and exceptions:" SECTION 15: Section 9105.1 of the Newport Beach Muni- cipal Code is amended to read; "SECTION 9105.1. Uses: (a) No circus, carnival, amusement park, furl zone, open air theatre, race trach, private recreation center, or other similar establishment, shall be established in any district mless and until a Use Permit is first secured for the establishment, maintenauce and operation of such use. (b) No dance hull, road house, night club, com- mercial club, or any establishment ,where liquor is served, or commercial place of amusement or recreation or any such place or any other place where entertainers are provided, whether as social companions or otherwise, shall be established in any district closer than two hundred (200) feet to the boundary of any dwelling, dis- trict, unless a Us= Permit shall first have been secured for the establishment, maintenance and operation of such use. (c) Accessory uses and buildings in any $C9 or QM2 Distract are pexrnitted where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or sub- sequent to the swain building. (d) Accessory uses normally a part of any use per- mitted in any W District may be permitted. This shall not be construed as permitting any commercial use to any 'R6 District unless such is specified in the rega- lations for the district, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (e) Public or no fee private parking lots for automobiles may be permitted in any 2RO District ad- jacent to any C' or W District, subject to first securing a Use Permit in each case. (f) Churches, schools, hospitals, paries and play- ,grounds, lay-- grounds, yacht clubs, cemeteries (minimum area twenty (20) acres), mausoleums, crematories, public utility, public and quasi -public buildings, and municipally C� operated parking lots may be permitted in any district, subject to first securing a Use Permit in each case. (g) The removal of earthen materials may be permitted in any district, subject to first secur;.ng a Use ?ermit in each case. (No permit. required for normal grading or landscaping on lots of record.) (h) The Planning ,Director may approve temporary signs to advertise a subdivision and temporary tract or real estate offices for sales in neva subdivisions for a period not to exceed one (1) year following the date of approval of the final reap. The Planning Director may approve temporary struc- tures for the housing of tools and equipment or super- visory offices for a period not to exceed one (1) year in connection with major construction during the progress of such construction. the .planning Director may approve an extension of periods of time specified in this subsection." SECTION 16: Section 9106.21 of the Nex`port Beach Muni- cipal Code is amended to read. "SECTION 9106.21.. Application. (a) application for Use Permit shall be made to the Planning Commission in writing on a form prescribed by the Commissior. and shall be accompanied by plans and elevations necessary to dhow the detail of the pr6posed building or use. Such application shall be accompanied by a fee of "a�rentymfive ]Dollars ($25.00) if a public hearing is deemed necessar by the Planning Commission, or fifteen Dollars ($1.5.00] if no public hearing is required. SECTION 17: Section .91.06.22 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9106.22. Fi bl.ic Hearings. (a) No public hearing need be held thereon,pro« vided that the Planning Commission may hold any hearings as it deems necessary. (b) Wien a public hearing is deemed necessary, notice of such hearing shall be given by publication in the official newspaper of the City and by posting said notice in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing or by mailing said notice, postage pre- paid, at least five (5) days prior to the hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of applicant's property." 7. SECTION 18: Section 9106.24 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9106.24. Appeal. (a) In case the applicant or any other person, firm: or corporation is not satisfied with the action of the Planning Commission, he may within fifteen (15) days appeal in writing to the City Council. (b) The City Council shall set date for public hear- ing and give notice as required in Section 9106.22(b). Notice shall also be given to the Planning Commission of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hearing. (c) The City Council shall render its decision within sixty (60) days after the filing of such appeal." SECTION 19: Section 1106.31 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9106.31. Application. (a) Application for a variance shall be made in writing on a form prescribed by the Planning Commission and shall be accompanied by a filing fee of Fifty Dollars ($50.00) If a public hearing is deemed necessary by the Planning Director, or Fifteen Dollars ($15.00) if no public hearing is required. The application shall, in addition, be accompanied by a statement, plans and evidence showing: (1) That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. (2) That the granting of the application is neces- sary for the preservation and enjoyment of substantial property rights of the applicant. (3) That the granting of such application will not, under the circumstances of the partic- ular case, materially affect adversely the health or safety of persons residing or work- ing in the neighborhood of the property of the applicant and will not under the cir- cumstances of the particular case be materi- ally detrimental to the public welfare or injurious to property or improvements in said neighborhood." SECTION 20: Section 9106.32 of the Newport Beach Muni- cipal Code is amended to read: 91 "SECTION 9106.32. Public Hearings. (a) A public Dearing shall be held within sixty (60) days after filing of the application, notice of which shall be given by publication in the official newspaper of the City and by posting said notice in not Less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing or by mi.ling said notice, poste -e prepaid, at least five (5) days prior to the hearing to all prop::rtr owners whose names and addresses appear on the latest adopted tai. roll as owning property within a dis- tance of t�iree hundred (300) feet from the exterior boundar- ies of app-Lcant's property; provided, however, that public hearings need not be held on applications seeking devi SECTION 23: -This ordinance shall be pubI4.shed once in the Mewport Harbor Nexis press, a newspaper of general circulation, printed and published in the City of Newport Beach, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of November, 1959, and was adopted on the day of 1959, by the following vote, to wit: AYES, CCUNC Lb N : Aj'TEST : NoEs t COUNCUMN: ABSENT COUNC ILHEN : —ty er l+ma yor CITY OF ITHEWPORT BEACH To: City Council From: Planning Department Date Dekeraber. 8 1959 Subject: Proposed Amendments to the Zoning Ordinance as recommended by the Planning Commission The City Council on November 9, 1959 reviewed the subject utter and re- turned to the Planning Conmission for reconsideration certain sections re- lating to off-street parking and an amendment requiring a use permit to establish residential uses, hotels, motels, boarding houses and trailer courts in C-1 and C Districts. A public hearing was scheduled For :December 3, 1959, a proper official notification was given in the Newport Harbor hews Press, the Newport Harbor Chamber of Commerce, the Corona del Mar Chamber of Commerce and the attorney representing the property owners along Mariners Mile were notified by mail of eaid public hearing. The following action appears in the minutes of the Planning Commission for the meeting of December 3, 1959 "(a) Recommended that Section 9104.21 be amended so tha� off-site parking would be permitted subject to a review and approval oL the building plans by the Planning Commission. (b) Recommended that Section 9105.5 requiring one garage space for each of the first four family units and two off-street parking spaces, one of which must be a garage space, for each additional family unit in any dwelling group of more than four family units, be returned to the City Council without any change. (c) Recommended that Section 91_03.52 and 910.3.62 which will require a use permit for reaiden,tial uses, hotels, motels, boarding houses and trailer courts in a C-1 and C-2 District be returned to the City Council. without any changer. Representatives of the Mariners Mile group were present and the Commis- sion advised that these proposed changes would have no effect upon their property if a special zone between the Three Arches and the Balboa Bay Club is effected as is now under considerati.on.,' The above action by the Commission was unanimous with Cormzissioners Ficker and Hudson being* absent. (A copy of the proposed amendment as outlined under paragraph (a) in the minutes is being forwarded to each member of the City Council by the City Clerk). �V;.D7UI ming Director�� 3 :hh SECTIONS OF PROPOSED AMENDMENTS TO THE ZONING ORDINANCE RETURNED TOO THE FT CrOMIS/SIONTTFOR CONSIDERATION p Y THE TY SECTION 9103.15(b) Side Yards: 'Pen percent (10%) of lot width with a minimum of three: (3) feet and a required maximum of six (6) feet R-1 District provided that the side yard on the rear twenty (20) feet of the street side of a corner lot where there is reversed frontage shall not be less than the front yard required or e%istinS on adjacent reversed frontage. SECTION 9103.25(b) Side Yarde: Tet. percent (10x) of lot width with a minimum of three (3) feet and a required maximum of six (6) feet Rat District provided that the side yard an the rear twenty (20) feet of the street side of a corner lot where there is reversed frontage shall not be less than the front yard required or existing on adjacent reversed frontage. SECTION 9103,37(b) Side Yards: Ten percent (10x) of lot width with a minimum of three (3) feet and a required maximum of six (6) feet R-3 District prm-ided that the side yard on the rear twenty (20) feet of the street side of a corner lot where there is reversed frontage shall not be less than the front yard required or o,.3.gting on adjacent reversed frontage. SECTION 9105.4(a) Architectural features such as cornices or eaves may extend or project into a required side yard not more than sir (6) inches for each one foot of the width of such side yard and may extend or project into a required front or rear yard not more than thirty-six (36) inches; provided, however, that such architectural features shall not project any closer than two (2) feet from side property line. (f) In residential districts having alleys to the rear of lots or building sites, attached or detached garages, fences, hedges, screen plantings or other obstructions must set back from rear property lines this distances shown in the following table; ALLEY WIDTH SETBACK 15' or less 5' 15'1" to 19' ll" 3' 9'1 20' or more 2' 6" (g) If an accessory building is attached to the main building by means of a connecting wall not less than six (6) feet in height which is a projection of a wall of either building, or attached by a roof which also constitutes the roof of the train building for thirty percent (30x) of the length of a principal gall of the main building adjacent to the accessory building, such accessory building shall be considered a part of the main building. Unless so attached, an accessory buildin in an 'R' District shall be located on the rear one-half (�) of'the lot and at least six (6) feet from any dwelling existing or under construction on the name lot or any adjacent lot, provided that in any 'R` District combined with any 'B' District the Planning Commission may permit an ,accessory be:ilding on the front one-half ( 1) of trip, lot upon determining that the location and elevation of such accessory building; will not be detrimental to adjoining property or to the ;general welfare of the Pity, To: City Clerk CITY OF NEWPORT BEACH CITY ATTORNEY DET9RTMENT From: City Attorney Subject: Proposed amendments on planning and zoning Forwarded is a revised ordinance as requested by the City Council or November 9. This ordinance will amend the sections of the Code listed in paragraphs 1, 4, 7, 10 and 11 of the.list of proposed 'amendments used by the' City Council"Nei determine which sectiofis should be presently amended. The other sections Lei.ng amended by this draft were those included in the last brdintnice for clarification and form. 'There were no objections to these other sections. We have also prepared and are forwarding a single sheet which may be incorporated in this ordinance: if the City Council desires. This single sheet would amend Section 9104.21. which establishes the parking requirements for uses in districts vhere the "H" factor is attached. if used, this would amend subsection (a) of Section 9104.21 to reduce parking required for certain uses as recommended by the Planning Commission. This draft would retain subsection (b) as it na•i exists in the zoning, ordinance. The Planning Director has been requested to explain the charges in subsection. (a) when the matter is considered by the City Council. At the meeting on November 9, the Council indicated that the changes in paragraph 12 of the resume tray be acceptable if minor variances on which hearings would not be held were defined. Attached is a two-page draft which, if incorporated in the ordi- nance, would amend Sections 9106.31, 9106.32 and 9106.34. if adopted, this amendment would reduce the filing fee where no public hearing is required and would change the method of giving notice of hearing by permitting publication and posting in lieu of mailing to all property oYmers within 300 ft-. 'There is a provision in this draft of Section 9106.32 which states that public hearings need not be held where the variance seeks a deviation in yard requirements which does not exceed 10% of the width or depth of the t%ard or from regulatiors which establish the location of accessory buildings unless the Planning Director leers a hearing to !,a necessary. The amendment to 9106.34 pro- vides that the City Council shall give notice as required by Section 9106.32. f s %r Nf � i TO: s City Clerk -2- November 20, 1959 It is requested that copies of the foregoing docents be trans- mitted to the members of the City Council, along with a copy of this memo. V. -Le ordinance then may be introduced on Monday or the City Council may add these other provisions to it at the time of introduction. C :mec Encs. cc -d City Manager Planning Director L.. Director of Public Works Walter W. chara=a City Ancrney W67C : mee 11/17/59 ORDINANCE NO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLE IX OF THE NEWPORT BEACH MUNICIPAL, CODE RELATING TO PLANNING AND ZONING The City Council of the City of Newport Beach does ordain as fol3 ows: SECTION ?: Section 9102.3 is added to the Newport Beach Municipal Cock to read: "SECTION 9102.3. Any district adjoining any right- of-wav extends to the center of such right-of-way." SECTION 2: Secrion 9.03.13 of the Newport Beach Municipal Code is amended to read; „SECTION 9103.13. Building Sits Area and Lot Width Required: (a) For each dwelling -- minimum of five thousand (5,000) square feet and miniuram width of fifty (50) feet on irterior lots, minirsam of six thousand (6,000) square feet and minimtmi width of sixty (60) feat on corner lots. in no case shall there be more than one (1) single family y dwelling on anone (1)building site. (See Section 91.05.3 for exceptions." SECTION 3: Section 9103.23 of the Newport Beach Municipal Cede is amended to read: "SECTION 9103.23. Building Site Area and Lot Width Required: (a) For each two (2) 6yellings or one duplex . mini -- mum of five thousand (5,000) square feet and minimum =width of fifty (50) feet on interior lots, minimum of six thousand (6,000) square feet and minimum width of sixty (60) feet on corner lots. In no case shall there be more than too (2) single family dwellings or one duplex on any one (1) building site. (See Section 9105.3 for exceptions.) (b) For each family unit in any building -- minimum of one thousand (1.,000) square feet of land area." SECTION 4: Section 9103.35 of the Newport Beach Yunicipral Code is amended to read: "SECTION 91U.35. Building Site Area Regc,ired: (a) For each building or group of buildings -- minimum of five thousand (5,000) square feet and minimum width of fifty (50) feet on interior lots, minimum o': six. thousand (6,000) square feet and minimum wi.cith of sixty (60) feet on corner lots. (b) For each family unit in any building or group of buildings -- minimum of twelve hundred (1200) square feet of land area." SECTION 5: Sectic.n 9103.55 of the Newport Beach Municipal Code is amended to read: "SECTION 9103.55. Yards Required: (a) Front yards: None, except where the frontage in a block is partially in an 'R' District, in which case: the front y¢rd shall be the same as required in such 'R' District. (b) Side yards: None, except where the side of a lot abuts upon the side of a lot in an 'R' District, in which case the side yard shall be not less than three (3) feet. (c) Rear yards: None, except where the rear of a lot abuts on an 'R' District, in which case the rear yard shall be: not less than three (3) feet. (d) Rear yards abutting alleys: Minimum ten (10) feet. (e) Yard requirements for residential uses shall be established by use permit procedure." SECTION 6: Section 9103.65 of the Newport Beach Municipal Code is amended to read: "SECTION 9103.65. Yards Required: (a) Front yards: Mone, except where the frontage in a block is partially in an 'R' District, in which case the front yard shall. be the samee as required in such 'R' District. (b) Side yards: bone, except where the aide of a lot abuts upon the side bf a lot in an 'R' District, in which case the side yard shall be not legs than three (3) feet. (c) Rear yards: ;None, except where the rear of a lot abuts on an 'R' 6istri;ct, in which case the rear yard shall be not less than three (3) feet. feet. (d) Rear yards abutting on alleys: Minimum ten (10) (e) Yard requirements for residential uses shall be established by use permit procedure." SECTION 7: Section 9103.75 of the Newport Beach Municipal. Code is amended to read - "'SECTION 9103.75. Yards Required: (a) Front yards: Note, except where the frontage in a block is partially in an 'R' District, in which case the front yard shall be the s5me as requ-Ered in such 'R` District. r'~) Side yards: None, except where the side of a lot abets 'upon the side of a tat in an 'R' District, in rahi_ch cass the Nide yard shall be not less than fiv:� (5) feet. 2. (c) Rear yards: None, except where the rear of a tot abuts on an 'R" Districts in which case the rear yard shall be not less than three (3) feet. (?? .ear yards abutting on alleys: Minimum ten (10) feet. (e) Yard requirements for residential uses shall be established by use permit procedure.' SECTION Section 9103.91 of the Newport Beach Municipal Coda is amended to read: "SECTION 9103.91.. Uses Perwitted: Administrative and profess{onal offices, accessory to uses permitted in this district; residences for watchmen or custodians employed on site; employees cafeterias or audi- torium.s; research laboratories and institutes; electrical and electronic products and instruments manufacturing; car- tography; bookbinding, printing and lithography; fabrica- tion of plastic products; storage warehouse, excluding infla= able materials and truck terminals; editorial and designing; signs appurtenant to any permitted use located on property of use." SECTION 9: The firRt paragraph of Chapter. 5, Article IX, of the Newport Beach Municipal Code is numbered Section 9105 and amended to read: "SECTION 9105. All sections of this Article shall be sub4ect to the following general provisions and excep- tions: SECTION 10; Section 9105.1 nf the Newport Beach Municipal Code is amended to read: "SECTION 9105.E Uses: (a) Pio circus, carnival, amusement park, fun zone, open air theatre, race track, private recreation center, or other similar establishment, shall be established in any distri-ct unless and until a Lase Permit is first secured for the establishment, maintenance and operation of such use. (b) No dance hail, road house, night club, commercial club, or any establishment where liquor is served, or com- mercial place of amusement or recreation or any such place or any other place where entertainers are provided, whether as social c,-)mp€anions or othizr*aise, shall be .established in any district closer than a:wo hundred (200) feet to the boundary of any duelling district, unless a Use Permit shall first have been seclired for the establishment, main- tenance and operation of such use. (c) Accessory uses and buildings in any 'C' or °M' District are permitted where such uses or buildings are incidental to and do not alter the character of the prem- ises in -respect 4o their use for purposes permitted in the district. Such accessory buildings shah be allowed only i-7hen constructed concurrent with or subsequent to the main building. 3. (d) Accessory uses normally a part of any use �permmmit- ted in any 'P' District mniy be permitted. This shall. not be construed as permitting any commercial use in any °P' District unless such is specified in the regulations f -- -,-.he district, nor shall this be deemed to allow the manu.b £acturing or processing of any sub6tance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (e) Public or no fee private parking lots for auto- mobiles maybe permitted in any 'RF District adjacent to any °C' or °M° District; subject to first securing a Use Permit in each case. (f') Churches, schools, hospitals, parks and play- grounds, yacht clubs, cameterieo (minimum area twenty (20) acres), mausoleums, crematories, public utility, public and quasi -public buildi.nga, and municipally operated parking lots may be permitted in any district, subject to first securing a Ilse Permit in each case. (g) The removal of earthen materials may be permit- ted in any district, subject to first securing a Use Permit in each case. (No permit required for normal grading or landscaping on lots of record.) (h) The Planning Director may approve temporary signs to advertise a subdivision and temporary tract or real estatd ofHces for sales in new subdivisions for a period not to excceed one (1) year following the date of approval of the .final map. The Planning D-Lr.e,-:tor may approve temporary structures for the housing of tools and equipment or supervisory offices for a period not to exceed one (1) year in con- nection with major construction during the progress of such construction. ,q -.e Planning Director may approve an extension of periods of time specified in this subsection." SECTION ll: Section 4105.8 is added to the Newport Beach Municipal Code to read: "SECTION 9105.8. Non -Conforming Buildings m Additions. Additions to any building which is non -conforming only because such building does not meet the yard requirements of this Article shall be permitted under the following con- ditions: (a) The proposed additions will comply with all re- quirements of this Article in effect on the date the appli- cation for a building permit is made.. (b) The existing non --conforming building substantially conforms to all the requirements of the Uniform Building Code in effect on the date time application for a buildiag permit is made. Lc' The Planning Director is satisfied that the con- struction and maintenance of the proposed additions when considered in conjunction with the existing non -conforming building will not in any way be contrary to the purpoaes of this Article. 4. s M (d) If the existing nonaconformibuilding does not conform as outlined in paragraph ('I, or if the Planning Director feels the proposed additions may be contrary to the purposes or this Article, such additions shall be permitted only upon the applicant's obtaining a Use Permit as hereinafter provided.' SECTION 12: Section 9106.21 of the Newport Beach Muni- cipal. Code is amended to read: "SECTION 9106.21. Application. (a) Application for Use Permit shall be made to the Planning Commission in writing on a forod prescribed by the Commission and shall, be accompanied by plans and elevations necessary to show the detail cf the proposed building or use. Such application shall be accompanied by a fee of Twenty -rive Dollars ($25.00) if a public hearing is deemF--S necessary by the. Planning Commission, or Fifteen Dollars ($15.00) if no public hearing is required," SECTION 13: Section 9106.22 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9106.22. Public Hearings. (a) No public hearing need be held thereon, provided that the Planning Commission may hold any hearings as it deems necessary. (b) %'hen a public hearing is deemed necessary, notice of such hearing shall be given by publication in the official newspaper of the City and by posting said notice Ln not less than two (2) conspi.cuons places on or close to the property at leas` ten (10) days prior to the ari-ag or by mailing said notice, postage prepaid, at least five (5) days prior to the hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300 feet from the exterior boundaries of applicant's properLy.' SECTION 14: Section 9106.24 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9106.24. Appeal. (a) in case the applicant or any other person, firm or corporation is not satisfied with the action of the Planning Commission, he may within fifteen (15) days appeal in writing to the City Council. Lo) The City Council shall set date forublic hear- ing and give notice as required in Section 910 .22(b). Notice shalt also be given to the Planning Commission of such appeal and the Planning Commission shall submit a repor, to the City Council setting forth the r3asons for action taken by the Commission, or shall be represented at the hearing. (c) The City Council shall render its decisiop_ within sixty (60) days after the filing of such appeal." 5. SECTION 15: Section 9106.35 of the Newport Beach Muni- cipal Code is amended to read. "SECTION 9106.35. Appeals. (a) The Planning Commission shall have the power to hear and decide appeals based on the enforcement or inter- pretation of the provisions of this Article. (b) In case an applicant is not satisfied with the action of the Planning Commission on his appeal, he may within fifteen (15) days appeal in writing to the City Council. (c) Notice shall be given to the Planning Comn.i.ssion of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Commission or shall be represented at the Council meeting at the time the matter is heard. (d) The City Council shall render its decision within thirty (30) days after the filing of such appeal." SECTION 16: This ordinance shall be published once in the Newport. Harbor Nears Press, a newspaper of general circulation, printed and published in the City of Newport Beach, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular m,ietlng of the Cit -v Council of the City of Newport Beach held on the day of 1959, and was adupted on the day of 1959, by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: .� ABSENT COUNCILMEN: ATTEST: --- - qty er 6. Mayor - -" zC : me 11/18/59 SECTION Section 91.04.21 of the Newport Beach Muni- cipal Code is amended to read: "SECTIO% 9104.21. uses Permitted: All. uses permitted in the respective districts with which the '-H° District is combined, subject to approval as to design of buildings and design and 'Location of parking lot, provided however as follows: (a? Off-street parking on the building site shall be required in all districts with which the °PH° District is c-nbined, according to the following formula; (1) Retail Stores -- 1 parking space for each 250 sq. ft. and 1 loading space for each 10,000 sq. ft. of store floor area.. (2) Office Buildings --• 1 parking space for each 250 sq. ft� of floor area. (3) Wholesale and Industry -- 1 parking space for each 2000 sq. ft. of gross floor area and 1 loading space for each 10,000 sq. ft. of gross floor area; but in no event shall there be less than 10 parking spaces for each such establishment. (4) Restaurants -- I parking space for ei5.ch 3 seats. (5) Public Assembly -- 1. parking space for. each 5 seats. , (6) Theatres -- l 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 1 for each employee, (9) Clinics -- 1 parking space for each 250 sq. ft. of floor area, plus 'L additional space for each doctor and 1 for each employee. (10) motels -- l parking space for each guest. unit. (b) The Planning Commission, on petition of the property a ner, may waive or reduce off-street parking required by the terms of this section under the following conditions: (1) When the proposed use is within two hundred (200) feet of a Municipal off-street parlcLng lot deemed sufficient by the Planning Com- mission 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 o-amershi,p and of record on the effective date of this Article." WWC:mec 11/18/59 SECTION o Section 9106.31 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9106.31. Application. (a) .Application for a variance shall be made in writing or i. form prescribed by the Planning Cormuission and shah, be accompanied by a filing fee of Fifty Dollars ($50.00) if a public hearing is deemed necessary by the Planning Director, or Fifteen. Dollars ($15.00) if no public hearing is required, The application shah., in addition, be accompanied by a statement, plans and evidence showing: (1) That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. (2) That the granting of the application is neces- sary for the preservation and enjoyment of substantial property rights of the applicant. (3) That the granting of such application will not, under the circumstances of the partic- ular case, materially affect adversely the health or safety of persons residing or work- ing in the neighborhood of the property of the applicant and will not under the cir- cumstances of the particular case be materi- ally detrimental to the public welfare or injurious to property or improvements in said neighborhood." SECTION ._.w Section 9106.32 of the Newport Reach Muni- cipal cipal Code is amended to read: "SECT102 9106.32. Public Hearings. (a) A public hearing shall be held within sixty (60) days after filing of the application, notice of which shall. le gives, by publication in the official newspaper of the City and by posting said notice in not Ness than two (2) conspicuous places on cr close to the property at least ten (10) days prior to the hearing or by mailing said notice, postage prepaid, at leant five (5) clays prior to the hearing to all property owners whose names and addresses appear on the latest adopted tax roll, ac owning property within a dis- tance of three hundred (300) feet from the exterior boundar- ies of applicant's property; provided, however, that public hearings need not be held on applications seeking deviations froi-1 yard requirements permittirtg a building or structure to extend into or occupy a required side, rear or front yard, court or other open space a distance not exceeding 10%o f the width or depth thereof or from regulations establishing the location of accessory buildings unless a hearing is deemed necessary by the Plannint. Director.' SECTION Section 9106.34 of the Newport Beach Muni- cipal Code is amended to read: "SECTION 9106.34. Appeal. (a) In case the applicant or any person, firm or corporation is not satisfied with the action of the Plan- ning Commission, 1:e may within fifteen (15) days appeal in writing to the City Council. (b) The City Council shall set date for public hear-ing and give notice as required in Section 9106.32(a). Notice shall also be given to the Planning Cormission of such appeal and the Planning Commission shall submit a renort to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hearing. (c) `l,e City Council shall render its decision within sixty (60) days after :the filing of such appeal." ROD EAS LIP - 0 -Attorney At hair (COPY) 1857 -Harbor Boulevard, Suite I Costa Mesa, California November 19, 1959 Planning Commission City of 'Newport Beach Newport Beach, California RE: MARINERS MILE PROPERTY OWNERS Gentlemen: Pursuant to your request of November 16, 1959 for a letter from the Mariners Mile Property Owners, we are aisle to advise the following: It its requested by the Mariners Mi 1a Property Owners (being the property owners from the Arches to the Balboa. Bay Club on the South side of High -ay 101), that. the Planning C1=ission recd end to the City Council that all further consideration of reposing on the subject property Section 910+.21 of the Planning and Zoning Ordinance as presently exists, or as may be amended, be terminated. It is also requested that the following proposed amendments to the Zoning Ordinance, to -wit: Sections 9103.51 - 9103.52 w 9103.61 and 9103.62 be not imposed on the subject property, and that the present Sections 91.03.61 and 9103.62 be retained. See attachment. in addition, the mariners Mile Property Owners request that a special zoning be created for the subject area which will include parking requirements as are submitted herew-ith, and further that the uses now perwitred in a C-2 zone without the necessity of a use permit, be permitted in the special zoning for the Mariners Mile area. Very truly yours, Rod Earl Lippold and Fred M. Cross Ey Signed) Rod Earl Lippold Attorneys for Mariners mile Property Owners RE},., fm Ends. (a) Off-street parking on the building site shall be required according to the following formula; (1) Retail stores -- 1 parking space for each 350 sa.ft. and loading space for each 10,000 sq.ft. (2) Office Buildings -- 1 parking space for each 350 sq.ft. of floor area. (3) Wholesale and Induscry 1 parking space for each 2000 sq.ft. of gross floor area and l loading space for each 10,000 sq.ft. of gross iloor area, but in no event shall there be less than 10 spaces per lot. (4) Restaurants -- 1 parking space for each 3 seats. I (5) Public Assembly -- 1 parking space for each 5 seats. � (&) 'Theatres -- i parking space for each 5 seats. (i) Hotels -m 1 parking space fon; each 2 guest rooms. (8) liospitals -® 1 parking space for each bed, and in addition 1 parking space for each resident doctor and each employee. (9) Clinics -- 1 parking fspacry for each 350 sq.ft. of floor area, plus I additional space for each doctor and each employee. (10) Motels -- I parking space for each guest unit. (11) Apartments -- 1 parking space per unit plus 1 guest space per 3 units. (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 2,000 feet of a Private off-street parking lot or a Municipal off-street parking lot deemed sufficient by the Planning Commission to meet the maximum requirements of the area. In the case of a Private off-street parking lot, the parties concerned in the use or joint use shall evidence agreement for such use by a proper legal instrument approved by the City Attorney as to forma and content. Such instrument when approved as conforming to the provisions of this Ordinance, shall be filed of record with the necessary governmental agencies. (2) When the off-atreet 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. (3) When the building site is subject to two or more uses and the Planning Cmmission determines that the maximum; parking requirements for such uses do not occur simultaneously. t>® SECTION 9403.62 Uses Permitted (a) Multiple dwellings or apartment housee, hotels, motels, rooming; and boarding houses, professio a -i offices, co uni:.y centers, social halls and cubs. (:) Retail sales, wholesale stores and storage within a building, wholesale bakeries. (c) the following uses when conducted within a building or enclosed by a solid board or masonry fence at Least six (6) feet in height in each case;, creameries, bottling works, building material yards, contractors yards, feed and fuel yards, including machine shops, storage of goods and materials and other uses which in the opinion of the Planning Gomission are of a similar. mature. (c) Signs appurtenant to any permitted use. SECTION 91.03.62 Uses permitted subject to first securiag a use permit in each case: (a) Lumber yards, light manufacturing, including manufacture and repair of boats, clothing, novelties and toys, and uses which, ir- the opinion of the Planning Commission are of a similar nature. (b) Single family dwellings, duplexes, dwelling groups and trailer courts. (c) Signs, other than those appurtenant to any permitted use. Ylk j a 777 � 102- 3 2) Add Racond pa%graaph: - Limy zone a joiai.V auy right-of+way aixtends to 4ho center Lig: .;CLi Section 91.03.13 (Page 3) (a);'Or each dvalling m_ Miffi StIM of five thousand (5,000) gquare: geet and jai ni=:m wi4th of fifty (50) fact on i ntsrior lots, minimum of ei:a thOusaxId (6,00) 8guare fact and adnImum width of maty (60) rzeo � on corner lots. � 10vi3.:) Section 9103.15 (Fage 4) �f J (b)SIde Yar0s: Tan (Ift) of lot reidth with a Minimum of thrao (3) feet and a required =xjmm ok ai= (6$ Tact provided that the sire ;card an the rear t (20) feat/ of the street side of a corner lot where there to hmvarsed frontage *hhaall rwt bo, less i:ban the grout yard require& or "toting on ad ,zkca at ravexzp-froa�tw+se. (l eviwa) Section 9103.23(x) (Page 4) k` Same as Section 9103,13 (Rip 3) (Revize) Section 9103.35(a) Sam as Sactfon 9103.13 (Page 3) (Revise) Section 9103,37(b) Same r-9 Section 9103.15(h) ��MTT t?��xise) q Section 91030.51(a) (page 9) dote: "MultiPle dmllisas or apartmnt houses." (Ravin®) Section 9103.52(d) (Pagan 9) Delete: "Si le Edmily dtmllLngm, dupl=ex, and dw-Alin gr'oupz. (RQviso) St 2ci io-n 9103.55(c) (page 10) Reay' Yards None. exc st Wh rs the rear omaa lot abuts on an "R" Disdrict, 1n which raffia the rear yard shall not be 1Qgr, th-aa required in the abutting ';R't District. (Reviaa) section 9103.61. (Page 10) (a)Deletc: "P -Sault ple 4WIlings, agaremcnt houses and rooraing ard boarding h s." (z,ev133) Section 9103s62(b) (Pace 11) ,0104-a-- Single fami$lyq dwellings, duga.enes and I Paso Adc:: Additional ses3 -A in&Cating Fire iDf Conor lo't's. l r C oh2 9105.5 (Paso 23) Acceseible storage or parking ipace for the €aan'�r¢zkof: t,Uc-o- biloo off the aw at Y b4 provided in 11w, "C" or Tis. an fOXISM2 Ravine) Section 2306®3I (Pages 29). 01laa with Cmassion MOOT vairiances wtftp no public hearIve Is Imalved. Paso 2 1 visit to now AN s � Y i this E - 1. ,f'`} 3! c r ) oil r % ww y zl`J :WON I Y9 40 4� t F! r+�,- re ✓r� : x - � a ✓'=' �.� �i3 �' �'. ro All, .ins :i`;af f. •'� � / r yy 10 Ohl `fid /x:TF P f f / %3 A. Y' r4 ] h;. �,•- d 3'in Z i j ry r � y x i ♦ y73S]`FtIf'd a:� � 'Syry y bi f l+s �T__ ;t(� l = y$' rhf ;! _ d 1 A 4 S+n' 2: a, .,Y ryf, ✓ �,{ h .i t R f WW � 1 v adr• �Xl. to �%'-s' #,e f. /�'' a�_.. i�lg1 a ,.,k Ia •n2 �, x vt: r _ .� - _ - J 57, f 1 L f `. �•J� I - k� a -:: '� Y f -. Y fa ' pact, sir r i Owl now _KV -1i J i NAM sw wr.. ...,___ _ may r-ZTO a i CON L .p Al y 04 S.. _ 5 AMR Now ""y wrwvf Min, Wat l 7" come Wit, t�.l MA v M TIM ON6i%i Wo 'toy' 's A ik 0 �A wfrrwW� "TAT OWUpN' pow, v 't" t 7a cfr 4 Koo? mm_ ", W" g" IN POO A- May, . . . . . . . . . . . . . . . . . . . KOO, . �,104 yv� v(�Z"o-,xn; %*wt. 'Ap,1�,4t, gh."ga 7.,.' 7197 Will 12 of gcso Now ""y wrwvf st Mz '-- z 141, list WAS Aqw., 0 V i - Im �• a plan 4.:E 5g than .. _: r An 14 LI - 'L,�. - �' .4 S'�C.K v, 1R3 ..v_:. '�'� • ggpp ��} uP _ _ livermoh, t;1761 lm �-. Z x-..: `.1 5 Yo: .... �Mr.Gg�+: ,.e. "Sf'`' �j(_LL F.. 1. �` �:: �m vitro V.. hS ._., ry Z"}� d. e ��«.a:=4-,�•6'a''e�[. �'4� � �^YAF ��:� 1u SS�Y��:i�.,4. ,�:b ri � a-4•' Y. 4x..n '.�{. P�:� `S' -rF :. 9i a'r b,,• �( ,� a i� r. .-� I.. .-['...-m Gar .f :'>r .f �.�� .as S v l� I I Sections 2, 4 and 6 of the ordinance amend Sections 9103.13, 9103.23 and 9103.35, respectively, L:� impose a greater minimum on lot widths and square footage required in lots. Generally, the change is from 40 ft. to 50 ft. for minimum width and from 4,000 to 5,000 in square footage. The changes on corner lots are from a mini To: The kloriorable Magor and City Council -2m September 11, 1959 anew ea `an s str� a ni t�ve ,prob1 can be anticipated,: It w111 result In making `it easier_ nor businesses t®. et'the parking `requirements of"the `Code: The pri.noioal problem appears to be where the use orl'business hours of one . facility or.`the other is changed ,after .being established 'so that both uses or businesses de ending upon the same parking lot will became either dayti ime uses or„nightti uses and the parking provided could become inadequate and would not meet the Code requirements. It would be difficult to require the discontin- uance of either use once established. Section 17 gives a section number to a paragraph that appeared in the Code without being identified with any section number. Section 18 amends Section 9105,1, Subsection (g) was reworded to change the reference to the removal of earth "and other natural" materials to read as it now appears. The meaning of the words and other natural" materials was uncertain and it seemed that clarification was necessary. Subsections (h) and (i) were com- bined and changed to permit the Planning Director to approve temporary signs and temporary buildings in connection with sub- divisions and major construction. The provision permitting temporary structures for housing of tools in connection with major construction is new. To The `Hon®rab�.e Mayor d City`'Counci -�3 Sep tember 11 1959 Section 22 adds Section 9105.8 as a new section to set out the circumstances under which additions will be per-utted to non- conforming buildings. The purpose of this new section is to permit the Flanning Director to approve incidental additions to a non -conforming building which could in no way be contrary to the purposes of the Code. In case he has any doubt, he would require the applicant to obtain a Use Permit. cc- City manager Planning Director (9) Clinics -- i parkin space for each 250 sq;, ft. of floor area, pleas l additional apace for each doctor and eacht employee, ;ID) Macelsa -- l parking space for each euest Ua.t, 'i° .e Planning Co mesion, ops petitiou of the property o4. r, May %,a --.ere or reduce off-street parking required by the terms of 11 -his SOC.i:icn .der ttae fOlIM21US coaitiQay CO 'vrhen the proposed ase is within two hundrad (200) feet of a Municipal off -etre t parking lot dust sufficient by the Pla miing Co=issiaa to meet Q'sa m=jwra requiycmmnts of the area. (2) Uheaa the off-street pafkiug require at caues un cessar 1m dz1Ap because of the at= or shape of Iota in singla ownership and of rcacox-fl on the effective date of this ordinance, 777 CC3i7'Ii iF£bR�i� i)aaui Idift or use for .-c Plication S,being for trityC� .u� iz� 8tia off®� f� i ties PEC . € acether building or. � .a�il :�mc�t�� :�kai� O s�aaadved fifty {x.50) .feet Q such 'PaVU li �Z)The ap _p1icshsaYl .8haw that, there ' is :no sstdial conflict In.: the =Ipal tsi rs cat- the ; buil o� �� f��. , i the t csff�t parking fi1tits i��� Jot= It if-"t par�i ,. . c Joint use b x tom ` imd f in Office tCG=tye cpi� VULad '"Ice, tha VanC' n DaPat nt a Depa s MWM=d'aloas ,the P s t r to 0 oedestA= traik t` esaeesi dis �U tug 'respect. ' Its 'also auggesced tit A.corre.spoillang lmraase In the 4L stance wfthln rich the stele of a. cipal. k lot Ya tify reduccioa Of offm t �t r uin .. fs'adv le� 3) It is believed t Ord i ce sh Zd provide t&e method Ila Wick ass r e i-S to be Sivea by ebe property r that non-contlavzms property will be permanently Msed to supple- ment the parkimg capIcity of the building site. In this respect, it is believed that the method prWided for should require record notice of tbs use, CO as to prevent a Gale ,af the property from terntm&tImS thG 6aSemnt. Alace the method should contemplate that the non-co atiS property Amy be r ed f the " servi- tude by joint action of Property oar and the city. A re- q izeMat that the property owmr record an easamat affecting the nen-coatiaucus property, and yusiz9 in favor of the building sf to par: el, U;114-ch ea3mmnt 3hall provide that tin sme shall not terqUnate u.Yithout tial: written cansemt of, the City of 1?erport Beach may he a. satisfactory mems of providing the required aseur'epee a o Hospitals -- l parks.vt space for each bed plus 1 parking space for each i:esidamt doctor and employee. s of said parking may be located on con- tiguous property or within 0 re able PrOSIMity. 10. Clini,ce ®- l parking space for each 351) sq. ft. of floor area, plus 1 space for each doctor and employee. 5 of end parking may be located on con- tiguous property or within a reasomable prc imity. U.. V3? -.on the buildi site has a multiplicity of useae the number of required parking spaces shall be the total of the sLmltanaous peak parking require- ments for ea --I, �f than uses. SSS - YE !A Omani ft" Fyy,� Na F.y�y �R I� •, Aw ',�T�, %y f PI amdn Dir*star L3 irr, S TO THN ;-00YE-C I) RLI 7 -n tlz ( 'Lie-"?) Sa-ccion 9102.3 (gage 2) Any zone adjoinin any right"Of.way extends: -to the center of such Mevise) Section 9103-13 (Page 3) (a)For each dwa-Mag -- minim= of. five thousand (5,000) aquare feet and mAinimum width of fifty (50) feet on iutarior lots, mirlimum .3f. six thousand (6,000) sqtwra f46C 'and mini mMi" width of sixty (60) .fee coxa corrwr tote. (Revise) Sections 9103.15 (Page 4) (b)Side Yards: Tall (10%) percent of lot width %Ith a minfmtm of three (3) feet and a required maximM of six (6) fact provided that the side yard on the rear twnO 0) feet of the .street side of a corner lot where there in kiveisid frontage ahall not be less than che front yard raquirad or Oxi . sting on adjaceut reversed trontage. (lenriso) Saction 9103-23(a) (Page 4) as Section 9103.13 (Fige :3) (Pevi3e) Section 9103.35(a) (Page 6) -8an--,aa Se4tian 9103.13 (Page 3) 6 N Oevisa) Section 9103.37(b) _flame as Section 9103.15(b) (Page 4) 00 'Revise) Section 9103.51(a) (Pepe 9) (Revine) Sectioa 910.3.52(d) (Page 9) Delete: (Revise) Section 9103�55(c) (Page 10) Beer Marc., None, ancept Vh2ro the rear of a Ict abuts on an -- --i -- - I I a zhaix--n L-� e "yard e 1 so Ch,aM_tic -in' the abuttLna "a" District. (ftevian) Section 9103.61 (Page 10) O)Onlete.- rMQ-j9LPI,--d'.H-i. — MM °Revise) sectic'n '3103.62(h) (Page 11) DOIcte: Si"91C family dwellftk3s, duplexes and Oeviae) S--,.;Aan 911,4.11 (Hage I"#?) Add. A-dd.irional cojumGize Ot Corner lots. 'TO, VX ZIDNIM (Plat/ 2 . _- .. adjoinlizz any right- 9 way 4endsto th, right-09-ways (Revue) Section 9103.13(a) CP*84 3) For each im11i jai o,91:,fisc tbousanA ,( 0W) . square f-Pet and $ width of fi£t on iujorior lots,. iii of six t 'land 00.000) squat -.And minimum width of sixty (50) feet rE on Corwr lots, (Revise) sectio-a- 9M.L5(b) (?AS@ 4) Sid® Yana Ton 00%) Palrcsut 04.10t width with a C.dAIMMof thrive 'y 3F � � �� �L i �d �1 () fad pt/ ided.that the -:d seas �• (2�� &Ct of t at t ani ofr c®aaer last where there to ; armed f costa a :shall nae . less than the front wd `6ft4ioJT' ex"498 oin dd t Favermadi frontage. (,devise) Section 9103.23(x) (Pik To be the 34sm. AG tib 9103.13(a) (page 3) Meaiiwl) Sectio-a 910�.25(b) ('5) To be Owe 2=8 AS ... T8VINd Wtics %LO3o 15(b) (PaSe 4) (Revise) Section 9103e35(a) ( ) TO be the aa= revived, d 9203.13(x) V � 3). . (Revise) Section 9103.37(b) (Page 6) 1'a be the saw as myjvadwtip: 9103.1 (b) (P . a Q (Revise) Section 9103,5i(a) CPSP . ftle�z .- "Multiple dwIllead CM-4 I xzwnt houses,hotels. motels and bA3ar4i 5.11 (Re-Ase) Section 9103.52(c) M80.9).: Hotels, motels, boarding MUM OAd rasidentlial- (Revise) Section 9103.52(d) (page 9) .. nss ;ice, other those ap gte -at to hay tted aria, Irtcluding bi h 8�94��W 9 Sectioz 9103.5S (Page 10) Add Pairagraph (a) ; Yatd .=41#Owstq for Tcsideatial U080 may '. (ftev se) Sectiun 91U3.61(a) (Page 10) 1�t ,1 3ltiple 11i ap t &acs m hotels, Motels, rof.as amd boards 6,,°O (roviae) section 9103.62(6) (Pagq 11) Add; "110tclaa MOWS, r001WL&I UsdC aatd tr*filer cesurts , " (New) Section 9103.65 (Page 11) Add ro&s :-a3raph (a): Yard requLrMents for recidOntidl. Wsas Mi-V (NI a) Section 91.03073 (page 13) Arid Paragraph (0): Yard VMUIr=WMtG fOr regid=tlal. Us" CA 6-,� eera ,lisped 6y use peTMICpzvcedura. Section 9104.21 (Pages 18) Used , itte d: All sascn A`vittad in tht waspectIve districts With whieb the District is combined, o0'jec to approval of :` ;sign of builds and alsn and l"ation of park$.,. tai: g id.: ': ", .' var 6 1011(waa_ j (a) off-street parkida paran r ': :eildi Sita` shall ba required in all district* with.whichthe 11-HI District it combined, according to the full fonw1a: (Z) Retail Stti space.fes.each.250 sq. ft. and1.ldi B 1 for each 10POWBqatt, of store (2) Office I1 — I l Parkiza spacer far each 250 . 0291 r , ear (3) le1m avA'.Igd"'tvY 1 parking Space for each 2WO sq. ft. of sr"s.E10or ace and 1 load1wris CpAcc fow each 10, ft. of grass.floor area, but iu Mt shall thard.be less t 10 apaccs par 'lot. (4) Raistnuvantg --'I, p4rhiva $ cee ror'aath 3 seats (5) ftblic Assembly parkIng apace for each S seats (6) Theatras I PaIrkins, space Car each 5 ets. (7) Hotels l P&ift: pace for dAch 2 &met roam. in ratid*ntial ageas havingalloya tot teen of lots or building sited, attached or datacW garwa, fences, WaiMa. OVXCO)a P4UUM96 or other obatmetions, setbacM frm -rear property %gas muomp st cly -Ath the follmlag table. 4R (1) The Wilding or. U46 -dor 'Uhich T'ad'a for puthorlty:td "till by mwe t..bul lug an': pz"ided. 1�Ated Withiia OW baufted fifty ",(;30 ..�:ftdt of such'.. Oality. (2) Tha applicant @hallshmi6a, siabs6wutlal conflict in the PrIncipal'op4matio wi f uses fa (3, Parries concern"An" 'Jo at U" 0-:00.4treat.p4irk-ing, tM V)y a :C TMY 0.0 to proper tea" I ravtd: b3t-he ity 4�,to fo= the idV191660, 6f,`4'b1J9.z.O i be:vieorded in the, to P tg office ofthe vmu-ty.;Ri6ir&r a0d COP104' therwa., filed with the Ovildlas Dsyi�T tmtit','And the Pladvin's Ds' rtdzbnt� Pa (visa) Section 9105.1(h) (Me 20) Temporary tract or "III acw* of lead fob es in aw.su divisions : may ba permitted for a period..not:to exceed ,,o (1) Year following ma'Q'E to date of apprWal of ftsaiJi' p approval of the pxa=iiw.��� Tezwg, vary Cons twatlou: salops*: zMPOTSTY structures for the housing of tools MW i d In aq *.a supary 6OX7 WIth owimjor r con -9 t Iasi proje"O may be established avA maistalw4w'durIng the pxogveva of such con- Ge2mction an saah'praject* P at ructurd at be app=vQd by the Plaandns' Da Ot 82d'9406 =at not be maintained for a parlod vaceeding 7fhe Plamigs Daparawu� UAY app rc an.'extenalon of period$ of rim specified In Wo ftdtld (P,worisa) Section 9105.4(m) CMW 21) Azzhitectural featur" sucli extend or project Into a ratulred Olds yard not more than siz (G) inclWO for each om foot of the wtdth:.*f such al.da yard amd may extend or project Into a =qUired front or rear yard not more tWM thli4 �inchea; (Revise) 45MCC1o'a:"k0 .4(*Y' in ratid*ntial ageas havingalloya tot teen of lots or building sited, attached or datacW garwa, fences, WaiMa. OVXCO)a P4UUM96 or other obatmetions, setbacM frm -rear property %gas muomp st cly -Ath the follmlag table. the zoning cc" for the 416trict. In Vh It 14 located. Ser-tim 9105.4(t) (PbSe 22) Xon.- zf au accassM buildLag.ia aft_�dwd to tM.401.h. building altber by of not 1096 pix (6) feet In haithta or if the roof 02 the acmazory buildira is a Contlawition of Wt less tban f the -,MR of the WA11% W141na. such accesaM :building 811all M causiderad a part of a6- in building. Untesis 4o attached ca accezzory buildisS In an R1 DlatrLct a7lal3 belocated on the Tear Onfi-balf of tho lot ow 4i 'Uist Sin (6) 'Seet frM. any. duelling A buildiag existing or undlale .Co: W"Metion 4,a the lot or aay adjaceat lot,, prwided tha.tJL.UMW 'Al District combined with any W District the Mun?Ing' POR4391104 may arMls: the" location 6f tha accagosory bulldLag on tM.Irmt if of the lot and detw-hed from tba in bl"96 WIthout-0 iaiiimfov PUMMad:,the 1.=M#On will -Lot be detrlmutal to,adjairlag propirty &W further provtded that tha Maas Camd2siou approma of the elevation and location of said (FeVISC) SeCtIon 91050.§5 (PqP 163) mcassible Gtr qP 10C Perkift spa" fort Parklin of Aub bikes off the atr=t aball be pm"a gill a1 'lzrmj, as; 611OWS: (ftvlae) Section, 9105,5(b) (POV 23) Not low &ban ow (1)for each fadly:twdt in any 86=90.6pWA duplase trIPIM or of any 'dORAXIV grmp of., fobs! (4) 16r less fmily (Revise) section 9105.5(0) (Fqp 24) My duelling Smp coMoLuLpS awe than four (4) fwdly units must prowide am (1) garage apme far the first four (4) units au4 two (2) Off-atmat parkIng specas for eash aWtlonal tudt, am'(1). of which must bee a Sarne spa=* Sectiom 9105.7(d) (POP 25) If a buildleg Is =m-cov9bndvZ beamm of Its Imation on the building cite® It does not cc"ly with the yarft Lvquired, an additiou to @"d buildivg %my ba'approved u following candl- tioca. USMS176. 1. TLa amtIon will comply with all the rKulrownts of the zoning cc" for the 416trict. In Vh It 14 located. (Revive) Section 9106.21(b) (PSVr 27) ?et@ Fad ph (b)+ (aa -Visa) sectioa 91e31(a) () (Revise) section 9MS. (Pqp 29) B acs sScctiaa 9103-75 (Pao 13) Add trarnarapb (a): YAW requirmapts . for resl4antlel uses way be established a7 use Permit procedure... Section 9104.21 (Page 18) U o ) rmitted: All asses parte in t Ciwa districts With Which the � ° District in C i , 90j Approval of i o of.: building and design 88d Icscation of p kl**%,%air, provided ver as folly?a4t h (a) off-street parking an eta building site altall be required -tta DAM:Ict : la combined, iapp�eg� leel 4istricts'. with ich the l0 a=o 0 :1611 .: -.. for1�V lq:::. ... - GAA S1) Retail Storax lparking space for each 250 sq. ft. and-1 1 l dI ipace . for each 10,000 sq. €t. of store fly area. (2) bffice* .l park. space for:axch 250 c ft. of mor r a ika (3) Wholesale and Industry 1 parking apace fer each 2000 sq- ,fte of 8 M: floor y e amd 8 loadiit& space for eich 10 WO a ft..of gross floor a a® but: in no event ohi 1I... lei than : 10 spacab par late (4) Restsurchnts 4 :1 parkins space for qach 3 seats (5) Public Assepibl404p:,:I.parki space for emb 5 seats TbAatras mm 1pArkiva space for each 5 aeataP (72 Hotels A pay ' space for each 2 est roomy, (8) Hospitals @® 1 paAi space for each ,-and In . addition t T Gpac8 for' h. of i�t doctor sad each amoxweea.,:. (9) Clinics -m l parking space for each 250 sq. ft. of floor area, plus 1 addIttailal space for 046h tsar and Cecil parki : apace for each &uset unite () Tizz blas i sa, ora Petition of the property oar, may valve or reduze aff- trsst parkingui.r d' key th-e te=n of this Section sir t following condiel0=1 wham t1w proposed use is within two hmWzvd (200) feet Of a MMMIcipal Off-str08t Parklms lot deewd sufficient. by the PlanalvS, C4mission to meet t:ha Mx1mm rett�aire- memo of tha M . (2) tip to 5 of &I Pax*109 facilftlea required b;( tris articlO for a use considered to be pri r. zly 4 &yore use, may -be provided by parkim& fsci.litiea of a use con- siderad to ba.pr.....riRy'a vj$ht elm ease: Up to GG% 04; t116 Parking,ftcllil�tea required by this article f-oio a use considered •to' -be primarily '. What time use may S Provided by the parking faclaii_�:aa of a assn Conoi.d;lzad to be pr1marily a say time usQ, p=vjdMd 4ech reci.r• a.., cal ,parkin arransawat awl be subject ccs the Con- ditions sot fatthlbalow. (l) The buildIDS Or uSSCOch application to 'W -ng da for authority to UtIlIze ths exiatia ofr;-StrC-4t Pgri;,ina frVCU 5:.ee provided by anotbar.bullding or use, ObALL be lo'catud Within ow hundred fifth ( )feet.of such facility.. - (2) The applicant shall ahow, that there is no substantial *onflict La the Pri=LPAI qmrativS yrs of the building ar Urea for W ch the joint use of off-atreat parking facilities in propom..d. (3) Farties. 'i jaint use of .off-street parkins facili e� Ix 1 at for such J611t WS0 by c propel: Inal Inst '.approved by City Attorney a s to fay c tent. Instrument. tr sit, n approved as confomina to tk* PrOVISLOM of ll be .recorded In the offir: Of r AW copies rha reof filed With t ldlv& Depanmat,mad. the Plaming, Daparbmnt. ��cietej ��ctio 9194-21(h) pavagrap 2 e 1) r DOI06-0 antly a par rap . (Revue) SaCCLOU 93415.1 ;h) a Temporary tract GV Coal 22MO ER960 for 881,26 ilm mow subdivi,alo zmay be pe=�tted for a parlad we to wx�ftd am (1) year following date of 4pF.-OV421 of glut mp.af:�eubjeat subdivision,, subjeo-t to Any dmlling Sip than four (4) .: f aify units Mnot Oar sZargP ftr'thafirst four (4).1 Aafts Siad tizo (2) ®f€ -street pairking spnacss for each additional units, one (i) ee which � F If a building is non-cgau" of its loCation fi:4sm build. ins site® it d s uOt CQWP1Y VICh the yards requfrad, am addition to gaidd building may be app r following Como flo g w ipz 1. The &&UtLon, will comply with all U � g of the lar the di strict fn 'rich It is locacaC 2. A CartMeaalan fr= the nietar of ildfm Cft� of HMWPO3t 30&12h SriRS UOM-*CCMfO=1QS building camplios with Qba TgRuIrva"taof tM Builds . 3. If tka above *mdftj*= are GatlaffaceagLly mem the planniukS DIrOttOr 227 OPPYOVO Ga -Ad buildiuS addition or requite Mnwr to apply W 00 Planning C0=12210M fat a use PS iCo garage io amzChGA'.Or a al"kil each rani t, all far the "'0 tralasiolnEGI-iFAi Suo-h . do, An Sh43. be com Space use by autemobi ly or include auto courts and motor a Qaotex when it is-requirecl b-1? mud 34ty Gods of the S talte of California to abt@'.n -1,%,. awe anj AUTOS$* Cho that.-Malm. yvav &vd'-U'qp11mO mnml�ey!' of the vehicle and state Im which It was log rvvviaed TO b2 the SaW 98 MIM4 Gmticm103,15(b) (Page 4) ✓ (Revise) Sectlea 9103.52(42) Mp 9) Acceasible etwqp o � for the paxkjpZ of auta- bLlma of the street aball Rm prMided in all . 1dtricte, U as follow s � 1. A to 14 .4 - : -- ": -, - -.- � �� --." !, - if a building is rome-conformingcause of its location ism this buildLUS site, it does not cmply with the Yate requiredo an addition to said buildiuS may be approved undtr following coz�ditioa , lya Ea diad addgtica Will co plY tAth all the requirmenta of tete Zen V.Codfor the district Ln w it is located, 2. A cartifioatlon f-rcm the M=Wtor of Building, City of Ne-4,part sea^ -h tbAt esti wn-Comforming building a lie's with the requiramnts of the naildia 3® I� tom' �b�sFec ro ti nre Satisfactori :meta thaplannins iris° Or MY aPPTOVesaid baa�ldiaddition or r a iz-e wdwr to apply toPlaming Comiwioa:for .a Use'roxmLt. 4. if Planuing, Director appmvez or dea.es a building addition as provided heraia, an appeal of sunt decision to the i'1 ng ::a=i8sion from Ouch decision may b made. ae&eCLI00. 9103, I(f) Temporary tract or° real estate suffices for sales in S ubdivislana .-,;w.y be P-Clai.: ted Zcar a period not to exceed One year subject to approval by the arming Department. ':=n'%j.32:,ry Construction Bui.ldi s: T poran4 housing of tools axe c e�ip att yr cQn® jai eaiu7 s�spea-vi ,o -y offices in con etion with major cis TMru^.tio-a On w�-jor cUr,�struc- s:i�rt 1:ajectw may be estahlished and ataiatai d duri€ag w.he progress of Basch co atruc� such: project; provided, such tes Po=ry..:atrocture mst be approved by the "auaiu-, Dapaxtt sat and samemust not be r iutais d for a Period "ceading one year. silt. 9105.4(a) Architectural features such a.g ccrrnfr�as or eves may exterLdor V=ject into a required side yard not more than fo�ir (4) l hes foreach one fest of the Wc�'dth of such side yard etc& may extend or project into a r0guired front or rear yard not more thast Lhirty (30) inches. Ye�:tioaa 45. (f) ac �t� i d i aehe to themin bundlilz eith r by acce,9&o LIdi i,s S 'cosh tdon'of'not >less 1 za 5 of the roof of the main buildings a uth . arce$eor—Y buildia :ah IF be considered part of the main tsa:i?di ea so attached .'a acces.sor� buil&ng in an' o .strict shall he located an the rear am -half ;(k) of the1cat and at east six fr-,, ar-Y ftIling building existing or under construction on the Sa..m for or z --l— adjacent let, Provided that ir. any ill* District combined with any ego District .a laµzai Cc=ission May appraise the location of the acceasosy building on 6Ihe I�T-:z-t .-ae$ Of this lot arA detached frcaszs the main building without a varfauca, provided -: �e ;.ovation Will not be detrimental to adjof .r,q property &nd furl her provided that .� 't uni;E CcMisslon approves of the elwvation and lacatzoaa of Skid accessory building, �..o=� 4Ic .3� P3i3&I: ii3a�RI[dCS (a) A public bearing shall be held within sixty aELer filing of the application, no -Lee of which al, be igen at least (f) days prior to such bearings through the mail to all propea;tt� aaszaers whose addraGses appear on the latest adopted tax roll as owing property within a of three humdred (300) fete: from ?.he exterior boundaries of the applicant's Provi..-I d, hfl even, that nubtac hearings need not be held on applicatio.as i d--_vfatiOas in the yard and location of accessory build¢ g regi.Iat;,oas unless deamLd 0Z eaag,dient by the Ptaming cauctaission. (Pl.anMZ3 impart nt?) r,lry:: Gi BFZH s MIT t 3 y _ ., MIAMI' i > _ t wAW QA Fe z ¢� h-0. x4 d3i Ppl USA A2_. VMS7M•¢gY,, - _ �� _� ..�s GJ ��' p�G'l Va��.�'• �*4':! �]F'w; a�� v" L.I �.M�o.7�6.:i�FJw .• WIWI 0, be a is why too, Qw. - _ SO YOU the ? Td al �`--m.-&-� - L iA c' 1�•.� RIM .. its .,, ,MAN-- ... J PLANIIING COMMISSION CITY OF NEWPORT BEACH March 28, 1956 Proposed Agenda for Conference of the Planning Commission with Mr. Wise on Wednesday Evening q March 28, 1955. 1. Need of Charges in Subdivision Code affecting Subdivisions of less than 5 lots. Separate Procedure for Prneessing Tentative and Final. Maps. Change lot areas to coincide with Got JIreas in Zoning Code. 2. variances T-Ime Limit for use affecting Set Back Eines. 3, R-4 Zones. Changes to Permit Commercial Uses in Hotels and ;Motels subject to obtaining a Use Permit. 4. Amendments to Zoning Code to Change from Two :hearings to One Hearing as provided in the City Charter. ire we Still_ governed by State Code under Charter Form of Government:} 5. Review of Off -Street Parking Formulas in C --H Zones. b. Review of R-3 Zone Provisions relative to permitting more than, 3 units by means of a Use Permit. Should 1--Iotel.s be removed. 7. Review of R -R Residential Zone Code for Flexible Procedure L.O establish Set Rack Lines to Coincide with Tract Restrictions,, 8. D.i scuss Forin of Findings and, Restrictions as Fart of Decisions on Variances and Use Permits. Discuss Advani,"'ages or Disadvantages of Written Committee Reports. PLANNI[4G COMi-i'iSSION AGENDA Page 2 March 28, 1956 9. Review Use Permit procedure to Determine if any Changes needed. 10. Review R -A Seetion of Zoning Code. 11. Review ,Sections 91.03.2 thru 9103.25 relative to signs permitted. No Accessory uses in R-2 Zone. 12. Review, Section 9101.1(b) should this be Changed on Lots (Corner) located on. Sub End Streets Fronting on Waterfront. 13. Review of Section 9107.17 to Develop a Ruling or Change in Code - is Ocean Front beach a waterway and can such be determined as Frontage for Lots facing said Beach. 14. Should C-2 :-,one be :included in Fire Zone #2 per Section 3102. 15. Discuss possible recommendations concerning Clearance and Rebuilding of Blighted or Substandard Areas within City as required in Charter section 707(c). 16. Discuss Code Provisions affecting Height Limit of Resid- ences as Outlined in Recent letter from ilr. 14ise. 17. Discuss Problem of Shimming Pools in Residential Zones. 18. Discuss Need of lmpoj- ing Land Area Requirements per Family Unit in R-2 Zone same as in R-3 Zone. 19. Review Building Site Area Coverage in R -A Zone Sections 1:103.04, 9103.02, 9104.11(d)9 9104.12(d),, 20. Discuss Lot Size as Required in Zoning Code as Related to Lot Size required in Subdivision Code. Problem arises in Re -Subdivisions. 21. Discuss CammitteB Regrt on Projection of Awnings into Front Yard Set Race Lido Isle Association Renuest) PLANNING CO114ISSION AGENDA March 2$, 1957 Page 3 22. Discuss Front Yard Set Back for Propertyin.'C. Zone whc: i used for Residential purposes; 23. Should Hor--Conforming Prop®rty`.be btougnco conformance to be eligible for imp royemeni ts. Explain Section 9105.•7 -- Non- onformi.ng Uses.. Does this section cover Illegal Setbacks. on E,xi.sting Improvements. 24. In re --subdividing must lots:'confnrm to our minimum square footage requirements? 25. Should we make blanket rules cif policy on such matters as 23 arca 24 above 'to save'. time and effort. 26,. Should Retail developments:be;guided in.develop-iment by denying Types of Commercial Biisi.ness' that would not be harmonious. 27. Discuss 91.054 garages oil tTont hall' of lot when attached to Main Building by Common Wall. Should Ccumo-q Wall be more definitely defined -- number of feet, a4d what uses may exist be-A-reen garage and living quarters. 28. May def ni tions as set forth in the Zoning Code 'be accepted by Variance, 29. a:Ihat constitutes the legal notice which must be given by the City Council under Section 9106.511-. 30. 1.4ith respect to the problem of spot zoning, may zoninu changes be made to several lots within a block, provided that the zoning as to said Lots is made more restrictive. �ar`� STATE OF CALIFORNIA, County of Orange, ............ of the said County, being duly sworn, deposes a,id says: THAT , _ , he is and at all times mere ment:'oned was a citizen of the United States, over the age of eighteen years, and that ............... he is not a party to, nor interested in the above entitled matter; that .................. he is the *................. , ..................................... printer of the. Newport Harbor News Press, a newspaper of general circulation, F ...ed and publisk:ed in the Cite of Newport Beach, County of Orange, and which newspaper has beery adjudged a newspaper of general cir- culation by the Superior Cour of the County of Orange, State of California, under date of October 22, 1954, Case Number A 248311 that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: ....................};ovetnber 23..x. ......... ._.v._ ._ _.-......... all ;n the year 19 .... �g... ....... ., ...................................................... Printer Foreman of the Printer or Principal Clerk of the Printer Subscribed and Sworn to before me this .. -2-3rd day of .............Pio.v. m c ............_..... Rob' is... ISEAL) Notary Public in and for said County and State. My Commission Expires rlovenliber 16 i9 ;s STATE OF CAI,iFC►Rk' C,nilnty of Orange �. X, _........ ».._.... .............. being first duly swu.nq. and on oath de -,m-,6 and say that I am the pripter and publisher of ;fhe Newport Harbor Ensign, a kv, ekiy newspaper printer! in the :City' IDI". Ncurt.2.uti;<GAZA' y,aS C}rne,.StA�eof CutGrniit, and at the...Not Hearin m .................. of whiciZ . capy attached N4.reto' Is � nod complete, ccpy, -w,IS Printed and'pubtlaW. in.tiie ei;oulerof 'said revvspaver, and no ih s*plcrdent, :... , ...... "canseeu tive- tines: to-%,v!t the issue(a). of ivna .lL-. ,.1959 ... .......... ............. ..... tx y 4 i r• e � .......................... _ y - i Subscribed and sworn to. be[ore" me ....� .............. Notary Pt�{U .In: and far the Caanty of .OnOge, State of California, !_MM MKI. +5: F`V'.4 s@� r,