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t;ONING CODE
CITY OF NEWPORT BEACH
TIT L E 2 0
P LAN N I N G AND Z 0 N I N G
CIT Y 0 F NEW P 0 R T B E A C H
FEB R U A R Y ,1 973
REVISIONS SUBSEQUENT TO ORIGINAL PRINTING
Effec t ive Date S.ecti on Ortlinance
February 22,1973 20.33 (Chapter)No.1485
February 22,1973 20.13.010;20.13.030;
20.13.040;20.13.050."1486
Marc h 2B,1973 20.09.030 "1493
Marc h 28,1973 20.08.190 "1494
June 29,1973 20.41 (Chapter)"1500
July 11,1973 20.47.050;20.47.060;
20.47.070;20.47.080;
20.47.100 "1502
August 8,1973 20.02.265;20.02.235;
20.19.030;20.20.030;
20.22.030;20.24.030;
20.26.040;20.30.040;
20.32.040;20.53.010;
and 20.53.020 "1505
August 22,1973 20.65 (Chapter)"1497
September 26,1973 20.10.025 "1509
November 28,1973 20.09.030 "1516
December 12 , 1973
20.51 (Chapter)"1523
.December 12, 1973
20.21 (Chapter)"1529
December 12,1973 20.28 (Delete Chapter)"1530
Februa ry 13, 1974 20.54.050 and
20.54.060 "1548
February 1 3,1974 20.02.090 "1547
February 27,1974 20.51.030;20.51.070 "1551
March 13,1974 20.09.035 "1554
March 13,1974 20.21.030 "1556
March 27,1974 20.07 (Chapter)"1540
REVISIONS SUBSEQUENT TO ORIGINAL PRINTING CONTINUED
Effecti ve Date Section Ordinance
July 24,1974
September 25,1974
January 22,1975
July 9,1975
July 23,1975
August 27,1975
September 10,1975
November 13,1975
20.46.030; 20.47.050;
20.48.020;20.54.020 No.1566
20.02.140; 20.02.150;
20.02.160;20.02.170;
and 20.02.180 II 1579
20.08.110;
20.08.120 (delete)."1 591
20.46.030; 20.47.050;
20.48.020 &20.54.020 II 1 61 1
20.08.030 (delete)
20.38.030;20.40.030;
20.20.020;20.20.030;
20.22.020;20.22.030;
20.24.020;&20.24.030 II 1623
20.02.090 "1624
20.07.040 "1629
20.08.290;20.08.295 "1640
Page 1.
Z 0 N I N G--........---
Titl e 20
PLANNING AND ZONINGl
Chapters:Page No.
2D.02 Definitions · ··· ···· ·
4
20.04 General Provisions ·····13
20.06 Districts -Maps ··· · · · · ·
15
20.07 Residential Development Standards 16
20.08 General Control s 17
20.09 Height Limits ·36
20.10 R-A District 42
20. 12 R-l District 45
20. 13 R-l . 5 District 48
20. 14 R-2 District 51
20. 16 R-3 District 54
20. 18 R-4 District 58
20. 1g A-P District 61
20.20 C-N District 63
20.21 C-R District 64-1
20.22 c-o District 65
2D.24 C-1 District 68
20.26 C-2 District 71
20.30 M-1 District 75
2D.32 M-1-A District 78
20.33 OS District ·81 -1
20.34 U District ·82
20.36 lI_B lI District 83
20.38 "_HI!District 85
20.40 "-Z"District 89· · ··20.41 Specific Plan District ·91-1
20.43 Automobile Service Stations · ··92
20.44 Nonconforming Structures and Uses 101
20.46 Permits .·· · · ·······104
20.47 Modifications Committee ·· · ·
109
20.48 Vari ances ·· · ·
······•115
20.50 Planned Residential Development 119
20.51 Planned Community District 125
20.52 Oil We 11 s · ·· ······· ·
133
20.53 Dri ve In and Outdoor Restaurants 135
20.54 Amendments ··· ·
···· · ·
140
20.56 En forcemen t · ··· ···· ··143
20.58 Appeals .· · ··· ·· · · ·
145
20.65 Specific Plan (Newport Shores)146
1.Sign regulations - See Chapter 15.16
Restriction on denuding natural ground cover - See Chapter 15.24
For subdivision regulations - See Title 19
CLASSIFICATION
R-A
R-1
R-2
R-3
R-4
A-P
C-N
C-O
C-1
C-2
I
M-1
M-1-A
PC
Page 2.
EXPLANATION
DISTRICTS
Single Family;Light Farming
Single Family
Single Family Dwellings or One Duplex
(1 Unit per 1000 sq.ft.)
Single Family,Duplexes and Multiple
Dwellings (1 Unit per 1200 sq.ft.)
Single Family Dwellings,Duplexes,
Apartments,Hotels,Motels
(1 Unit per 800 sq.ft.)
Professional Offices,Art Galleries,Etc.
Professional Offices,Retail Stores,
Neighborhood Commercial,Etc.
Multiple Residential,Hotel,Motel
High-Rise and Retail Sales (85'Height
Limit),Etc.
Professional Offices,Retail Stores
(Light Commercial),Etc.
Professional Offices,Retail and Whole-
sale Stores,Etc.
Specific C-1 Uses Permitted Adjacent to
Areas Where Under 18 Children Frequent
Retail and Wholesale,Light Industrial
-~Parking Factor -
Administrative and Professional -Light
Manufacturing
Planned Community -Provides for Develop-
ment of Land,Including Various Types of
Land Uses as Coordinated Comprehensive
Projects (25 Acre Min/Unimproved and
10 Acre Min/Improved).
CLASSI FICATION
U
B
Page 3.
EXPLANATION
COMBINING DISTRICTS
District Not Precisely Zoned -Any Use of
Land Requires Use Permit
Combining District for Residential Areas
Designating Parking Density Requirements
in R-2, R-3,R-4 and
a.Newly subdivided lot area
b.Newly subdivided lot width
c.Front yard requirements
d.Rear yard requirements
e.Side yard requirements
f.Maximum lot coverage
B-1 More Restrictive of the Above
B-2 More ReStrictive of the Above
B-3 More Restrictive of the Above
H Combining District for Commercial Areas
Designating Parking Requirements
(1 Space/250 sq.ft.)
Z
PRD
Combining District - Less Restrictive
Designating Parking Requirements
(1 Space/350 sq.ft.)
Planned Residential Development -Completely
Planned,Large Scale,Residential Environ-
ment Permitted in Any "R"District
i
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II,.
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Sections:
20.02.010
20.02.020
20.02.030
20.02.032
.20.02.035
20.02.040
20.02.050
20.02.060
20.02.070
20.02.080
20.02.090
20.02.100
20.02.110
20.02.120
20.02.130
20.02.135
20.02.136
20.02.140
20.02.150
20.02.160
20.02.170
20.02.180
20.02.182
20.02.184
20.02.190
20.02.200
20.02.205
20.02.207
20.02.208
20.02.210
20.02.220
20.02.225
20.02.230
20.02.235
20.02.240
20.02.250
20.02.260.
20.02:265
20.02.270
20.02.280
20.02.285
20.02.290
20.02.300
Page 4.
DEFINITIONS
Chapter 20.02
Q.If.llilll.Q.li~
Chapter 20.02
DEFINITIONS
Effect of Chapter.
All ey.
Automobile Court (Motels)•.
Automobile Service Station.
Basement.
Boarding House.
Buildable Area.
Building.
Building,Accessory.
Building,Main.
BuildlngSite.
Business,Retail.
Bu~iness,WhDlesa1e.
Combining District.
District.
Drive-In and Take Out Restaurant.
Drive-In Facilities.
Dwelling Unit.
DwelJing,Sing"le-Family.
Dwelling,Two-Family Or Duplex.
Dwelling,Mul~iple.
Family.
Floor Area,Gross.
Floor Area,Net.
Garage Space.
Grade.
Height of Building.
Helicopter.
Ha1iportDr Helistop.
Hotel.
Junk Yard.
Major Automobile Repairs.
Nonconforming Use.
Outdoor Restaurant.
Park)ng Area.
Parking Lot.
Parking Space.
Res fauran t ,.
Reversed Frontage.
Rooming or Boarding House.
Sto ry.
Street.
Street Line.
20.02.310
20.02.320
20.02.330
20.02.340
20.02.350
20.02.360
20.02.370
20.02.380
20.02.390
Structure.
Structural Alterations.
Trailer Court.
Use.
Use-accessory.
Yard.
Yard -Front.
Yard -Rear.
Yard -Side.
Page 5.
DEFINITIONS
Chapter 20.02
20.02.010 EFFECT OF CHAPTER.For the purpose of
this Title,certain terms used herein shall have the meaning
assigned to them by this chapter.(Ord.635 (part),1950:
1949 Co d ev f 9107.1).
20.02.020 ALLEY.The term "alley"shall mean any
public thoroughfare which affords only a secondary means of
access to abutting property.(Ord.635 (part),1950;1949
Code §9107.11).
20.02.030 AUTOMOBILE COURT (MOTELS).The term
"automobile court (motels)"shall mean a group of two or
more detached or semi-detached buildings containing guest
rooms or apartments,with automobile storage space serving
such rooms or apartments provided in connection therewith,
which group is designed and used primarily for the accommoda-
tion of transient automobile travelers.(Ord.635 (part),
1950:1949 Code §9107.12).
20.02.032 AUTOMOBILE SERVICE STATION.The term
"Automobile Service Station"shall mean a retail place of
business engaged in the servicing of motor vehicles,including
those activities and operations as specified in Section 20.44.050,
but excluding major automobile repairs.COrd. 1411 §1,1972).
20.02.035 BASEMENT.The term "basement"shall mean
that portion of a building between floor and ceiling,which
is partly below and partly above grade as defined in this
Chapter,but so located that the vertical distance from the
floor below is less than the vertical 'distance from grade to
ceiling.(Ord.1115 (part,1965:1949 Code §9107.121).
20.02.040 BOAROING HOUSE.The term "boarding house"
shall mean a dwelling other than a hotel where lodging or
lodging and meals for three or more persons is provided for
compensation.(Ord.635 (part),1950:1949 Code §9107.13).
Page 6.
TENTATIVE MAP
Chapter 19.12
19.12.030 SIZE AND SCALE.Tentative maps shall be
18 by 26 inches in size and a scale of 1 inch equals 100 feet,
unless otherwise approved by the Planning Commission,and shall
be clearly and legibly reproduced.(1949 Code §9252.21 added
by Ord.650;October 8,1951).
19.12.040 SUBDIVISIONS CONTAINING LESS THAN FIVE LOTS.
A.FILING OF MAP.Where proposed subdivisions contain four or
less lots,all of which abut upon a dedicated and accepted City
street,the subdivider shall file twenty copies of a surveyor's
map of the subdivision showing the dimensions of the proposed
lots,the payment of a One Hundred Forty Dollars ($140.00)
filing fee and any other information deemed necessary with the
Planning Commission at least twenty-seven days prior to the
meeting thereof at which consideration is desired.Copies of
maps of the proposed subdivision of four or less lots shall be
considered as the final map by the Planning Commission.
B.PUBLIC HEARING.Within 50 days following the filing of the
map, a public hearing shall be held by the Planning Commission.
C.NOTICE.Notice of such hearing shall be mailed not less than
ten (10)days before the hearing date,postage prepaid,using
addresses from the last equalized assessment roll or,alternative-
ly,from such other records as contain more recent addresses,to
owners of property within a radius of three hundred (300)feet
of the exterior boundaries of the subject property.In addition,
notice of such hearings shall be posted in not less than two
conspicuous places on or close to the property at least ten (10)
days prior to the hearing.
If any properties included within the radius referred to above
are located outside the limits of the City of Newport Beach,
then the mailed notice need not be given to those property
owners;but in lieu thereof,the Planning Commission may cause
written notice of such hearing to be given to the Planning
Commission of any city in which such properties are located,
or to the Orange County Planning Commission in such cases where
such properties lie within the unincorporated portion of the
County.
D.APPROVAL.If the Planning Commission shall determine that
the map is in conformity with the requirements of this title,
all ordinances of the City,all applicable general or specific
plans and if it is satisfied with the plan of subdivision,it
shall approve the map and signify its action on the face thereof
by appropriate stamp and the signature of the Commission Secretary.
E.RECORDING.If the Planning Commission approves the sub-
division,the City shall obtain the recordation of the map and
shall return the recorded map to the subdivider.
Page 6-1.
DEFINITIONS
Chapter 20.02
20.02.110 BUSINESS,WHOLESALE.The term "whole-
sale business"shall mean the wholesale handling of any
article,substance or commodity for profit or livelihood,
but not including the handling of lumber or other building
materials,or the open storage or sale of any material or
commodity,and not including the processing or manufacture
of any product or substance.(Ord.635 (part),1950: 1949
Code ~9107.19).
Page 7.
DEFINITIONS
Chapter 20.02
20.02.120 COMBINING DISTRICT.The term "combining
district"shall mean any district in which the general
district regulations are combined with those of a "B"or
"H"District for the purpose of adding additional special
regulat'ions,i.e.R-l combined with "B"(R-l-B)increases
the area and yard requirements.C-l combined with "H"
(C-l-H)adds the additional requirement of off-street park-
ing.(Ord.635 (part),'1950: 1949 Code §9107.20).
20.02.130 ,DISTRICT.The term "district"shall mean
a portion of the City within which certain uses of land and
buildings are permitted or prohibited and within which certain
yards and other open spaces are required and certain height
limits are established for buildings,all as set forth and
specified in this Title.(Ord.635 (part),1950:1949
Code §9107.21).
20.02.135 DRIVE-IN AND TAKE OUT RESTAURANT.The
terms "drive-in"."walk-up"and "take out"restaurants shall
mean a place of business which sells food products or bever-
ages and which:
1.Delivers such food products or beverages to
customers 6utside of the building in which they are pre-
pared by means of a service window,counter or similar
method or device,or
2.Delivers such food products or beverages to
customers within a building which is designed in such a
manner that a majority of the customers will remove such
food products or beverages from the building for consump-
tion either on the premises or in the immediate vicinity.
(Ord.1266 §1;August 19,1968:prior Ord.1202 §1;
February 14,1967).
20.02.136 DRIVE-IN FACILITIES.The term "drive-
in facility"shall mean any place of business,excluding
gasoline service stations and drive-in restaurants,which
transacts any part or all of its business 'directly with
customers within a vehicle.(Ord.1380 §1,1971).
20.02.140 DHELLING UNIT.The term "dwelling
unit"shall mean a building or portion of a building used
to house not more than one family.(Ord.1579 §1,1974:
Ord.635 (part),1950:1949 Code §910'7.22).
20.02.150 DWELLING,SINGLE-FAMILY.The term
"single-family dwelling"shall mean a detached building
containing one dwellins unit.(Ord.1579 §2,1974:Ord.
635 (part),1950:1949 Code §9107.23).
Page 8
DEFINITIONS
Chapter 20.02
20.02.160 DWELLING,TWO-FAMILY OR DUPLEX.The
term "two-family dwelling"or "duplex dwelling"shall mean
a building containing two dwelling units.(Ord.1579 §3,
1974:Ord. 845 (part),1958:Ord, 635 (part),1950: 1949
Code I 9107.24)....
20.02.170 DWELLING,MULTIPLE.The t e rm Ymul t t pl e
dwelling"shall mean a building or group of associated·
buildings each of which contains three or more dwelling
units.The term shall include ap artmen t s ,apartment hotels,
attached dwellings,etc.(Ord.1579 §4,1974:Ord.635
(part),1950:1949 Code §9107.25).
20.02.180 FAMILY.The term "family"shall mean
(1)an individual or two or more persons related by blood,
marriage or adoption;or (2)a group of not more than four
persons who are not related by blood,marriage or adoption;
or (3)a combined group of related and unrelated persons
where the total number of related and unrelated persons
does not exceed four,living together as a single housekeep-
ing unit in a dwelling unit •.(Ord.1579 §5,1974: Ord.
1173 §1,1966:Ord. 635 (part),1950:1949 Code §9107.26).
20.02.182 FLOOR AREA,GROSS."Gross Floor Area"
is the area included within the surrounding exterior walls
of a building or portion thereof,exclusive of vent shafts
and courts.The floor area of a building,or portion thereof,
not provided with surrounding exterior walls shall be the
us abl e.area under the horizontal projection of the roof or
floor above.(Ord.1404 §1,1971).
20.02.184 FLOOR AREA,NET."Net Floor Area"is
the area included within the surrounding walls of a building,
exclusive of vent shafts,elevator shafts,stairways,exterior
corridors or balconies.rooms containing only mechanical and
electrical equipment used for service of the building,ut i l t ty
shafts and parking.(Ord,1404 §2,1971)..
20.02.190 GARAGE SPACE.The term "garage space"
shall mean an accessible and usable covered space of not less
than 9 feet clear Width,inside measurements,by 20 feet,clear
length,inside measurements,for the parking of automobiles
off the street,such space to be located on the lot so as to .
meet the requirements of this Title for any accessory building.
Any such garage space to be so located on the front one-half
of a lot shall have side walls,roof,and an operating garage
door for access of automobiles.(Ord.845 (part),1958:
1949 Code §9107.27).
Page 9.
DEFINITIONS
Chapter 20.02
20.02.200 GRADE.For the purpose of measuring
height,the grade shall be natural grade unless the Planning
Commission approves a grading plan or map, or a grading permit
has been issued on or before the effective date of this ordin-
ance (October 12,1972),under which circumstances grade shall
be finished grade as shown on the plan or map so approved or
on the plan for which the permit was issued.In a case where
natural grade or finished grade as referred to herein is,in
the judgment of the Planning Commission,inappropriate or
unworkable for the purpose of measuring height,the Planning
Commission shall establish grade in such a way as to insure
that the intent or purpose of Chapter 20.09 is fulfilled.
(Ord.1454 (part),1972:Ord. 1404 §2,1971).
20.02.205 HEIGHT OF BUILDING.The height of a
structure shall be the vertical distance between grade at
any point and the highest point of the structure directly
above,provided that a roof shall be measuared to the average
height of the roof,but that no part of the roof shall extend
more than five (5)feet above the permitted height in the
height limitation zone.(Ord.1454 (part),1972;Ord.1115,
1965:Ord.635,1950:1949 Code §9107.28).
20.02.207 HELICOPTER.The term "helicopter"shall
mean any rotocraft which depends principally for its support
and motion in the air upon lift generated by one or more rotors
that rotate on substantially vertical axes.COrd.1127,1965:
1949 Code §91D7.281).
20.02.208 HELIPORT OR HELISTOP.The term "heliport"
or "helistop"shall mean any area designed,used or intended
to be used for the landing or taking off of helicopters,
including all appurtenant areas,buildings and facilities.
(Ord.1227,1965:1949 Code §9107.282).
20.02.210 HOTEL.The term "hotel"shall mean any
building or portion thereof containing six or more guest
rooms,used,designed or intended to be used,let or hired
out to be occupied,or which are occupied by six or more
individuals for compensation whether the compensation for hire
to be paid directly or indirectly.(Ord.635,1950:1949 Code
§9107.29).
20.02.220 JUNK YARD.The term "junk yard"shall
mean the use of more than one hundred square feet of the area
of any lot or the use of any portion of that half of any lot,
which half adjoins any street,for the storage of junk,
including scrap metals or other scrap materials or for the
dismantling or "wrecking"of automobiles or other vehicles,
or machinery whether for sale or storage.(Ord.635,1950:
1949 Code §9107.30).
Page 10.
DEFINITIONS
Chapter 20.02
20.02.225 MAJOR AUTOMOBILE REPAIRS.The term
"Major Automobile Repairs"shall mean any extensive work
involving the disassembly and/or overhaul of the engine,
clutch,transmission or differential.Also,body,frame
and fender repair,painting,welding,upholstery work,tire
recapping,glass replacement or similar activities shall be
considered as major repair work (Ord.1411 §2,1972).
20.02.230 NONCONFORMING USE.The term "nonconforming
use"shall mean a use that does not conform to the regulations
for the district in which it is situated.(Ord.635,1950:
1949 Code §9107.31).
20.02.235 OUTDOOR RESTAURANT.The term "outdoor
restaurant"shall mean a place of business which sells or
serves food products or beverages for consumption on the
premises where such place of business is located,and which
provides for.or permits consumption of,such food products
or beverages out-of-doors other than on an incidental basis.
(Ord.1505 §2,1973:Ord. 1202 §2,1967).
20.02.240 PARKING AREA.The term "parking area"
shall mean an off-street parking area containing fewer than
five space~.(Ord.1031,1963:Code §9107.311).
20.02.250 PARKING LOT.The term "parking lot"
shall mean an off-street parking facility containing five
or more parking spaces.(Ord.1031,1963:1949 Code §9107.312).
20.02.260 PARKING SPACE.The term "parking space"
shall mean an accessible and usable off-street parking space.
(Ord.1031,1963:Ord.635,1950:1949 Code §9107.32).
20.02.265 RESTAURANT.The term "restaurant"shall
mean a place of business which sells or serves food products
or beverages for consumption on the premises within a building
consisting ofa permanent structure that is fully enclosed
with a roof and walls,and where incidental dining to the
extent of not more than 25%may be permitted out-of-doors on
a patio,deck or terrace that is integrated into the building
design.(Ord.1505 §1,1973).
20.02.270 REVERSED FRONTAGE.The term "reversed
frontage"shall mean a key lot or the first lot to the rear
of a corner lot,the front line of which is a continuation of
the side line of the corner lot and fronting on the street
which intersects the street upon which the corner lot fronts
and/or which faces the street upon which the side of a corner
lot abuts.(Ord.635,1950:1949 Code §9107.33).
20.02.280 ROOMING OR BOARDING HOUSE.The term
"rooming or boarding house"shall mean a dwelling other than a
hotel where lodging and/or meals for three or more persons are
provided for compensation.(Ord.635,1965:1949 Code §9107.34).
Page ll.
DEFINITIONS
Chapter 20.02
20.02.285 STORY.The term "story"shall mean that
portion of a building included between the upper surface of any
floor and the upper surface of the floor next above,except
that the topmost story shall be that portion of a building includ-
ed between the upper surface of the topmost floor and the ceiling
or roof above.If the finished floor level directly above a
basement,cellar or unused underfloor space is more than 6 feet
above grade as defined herein for more than 50 percent of the
total perimeter or is more than 12 feet above grade as defined
herein at any point,such basement,cellar or unused underfloor
space shall be considered as a story.(Ord.1481 §1,1972:
Ord. 1173 §1,1966:Ord.1115,1965:1949 Code §9107.341).
20.02.290 STREET.The term "street"shall mean a
public or private thoroughfare which affords principal means
of access to abutting property,including avenue,place,way,
drive,lane,boulevard,highway,road,and any other thorough-
fare except an alley as defined herein.(Ord.635,1950:
1949 Code §9107.35).
20.02.300 STREET LINE.
mean the boundary line between a
635,1950:1949 Code §9107.36).
The term "street line"shall
street and property.(Ord.
20.02.310 STRUCTURE.The term "structure"shall mean
anything constructed or erected,the use of which required
location on the ground or attachment to something having
location on the ground.(1949 Code §9107.37 added by Ord.
635; December 12,1950).
20.02.320 STRUCTURAL ALTERATIONS.The term "structural
alterations"shall mean any change in the supporting members of
a building,such as bearing walls,columns,beams or girders.
(1949 Code §9107.38 added by O~d.635;December 12,1950).
20.02.330 TRAILER COURT.The term "trailer court"
shall mean land or premises used or intended to be used,let
or rented for occupancy by or of trailers or movable dwellings,
rooms or sleeping quarters of any kind.(1949 Code §9107.39
added by Ord.635;December 12,1950).
20.02.340 USE.The term "use"shall mean the purpose
for which land or premises of a building t~ereon is designed,
arranged,or intended or for which it is or may be occupied or
maintained.(1949 Code §9107.40 added by Ord. 635; December
12,1950).
Page 12.
DEFINITIONS
Chapter 20.02
20.02.350 USE-ACCESSORY.The term "use-accessory"
shall mean a use incidental and accessory to the principal
use of a lot or a building located on the same lot.(1949
Code §9107.41 added by Ord.635;December 12,1950).
20.02.360 YARD.The term "yard"shall mean an
open space other than a court on the same lot with a building,
which open space is unoccupied and unobstructed from the
ground upward,except as otherwise permitted in Section
20.08.150 (1949 Code §9107.42 added by Ord.635;December
12,1950).
20.02.370 YARD -FRONT.The term "front yard"shall
mean a yard extending across the front of the lot between the
inner side yard lines and measured from the front property line
of the lot;provided,that if any official plan line has been
established for the side of the street upon which the front
of the lot faces,then such yard shall be measured from such
official plan line.(1949 Code §9107.43 added by Ord.635;
December 12,1950 as amended by Ord.932;August 8,1960).
20.02.380 YARD -REAR.The term "rear yard"shall
mean a yard extending across the full width of the lot and
measured from the rear property line of the lot;provided,that
if any official plan line has been established for the side
of the street upon which the rear of the lot faces,then such
yard shall be measured from such official plan line.(1949
Code §9107.44 added by Ord.635;December 12,1950 as amended
by Ord.932;August 8,1960).
20.02.390 YARD - SIDE. The term "side yard"shall
mean a yard extending from the front property line of the lot
to the rear yard and measured from the side property line of
the lot;provided,that if any official plan line has been
established for the side of the street upon which the side
Of the lot faces,then such yard shall be measured from such
official plan line.(1949 Code §9107.45 added by Ord.635;
December 12,1950 as amended by Ord.932;August 8,1960).
Page 13.
GENERAL PROVISIONS
Chapter 20.04
PRO V I S ION S----------
Chapter 20.04
GENERAL PROVISIONS
Sections:
20.04.010
20.04.020
20.04.030
20.04.040
20.04.050
20.04.060
Short Tit1 e.
Purpose of Title.
Master Plan -Establishment of Districts.
Compliance Required.
Effect and Intent of Title.
Permit or License Provisions Not Affected.
20.04.010 SHORT TIlLE.This Title shall be known
and cited as the Zoning Law of the City of Newport Beach.
(1949 Code §9112.1 added by Ord.635;December 12,1950).
20.04.020 PURPOSE OF TITLE. The purpose of this
Title is to promote the growth of the City of Newport Beach
in an orderly manner and to promote and protect the public
health,safety,peace,comfort and general welfare,and to
protect the character and social and economic stability of
all districts within the City,and to assure the orderly
and beneficial development of such areas.(1949 Code §9101.0
added by Ord.635;December 12,1950).
20.04.030 MASTER PLAN -ESTABLISHMENT OF DISTRICTS.
The Zoning or Districting Plan effectuated by this Title is
a part of the Master Plan and consists of the establishment
of various districts including all the territory within the
boundaries of the City,within which the use of land and
buildings,the space for buildings and the height and bulk
of buildings are regulated.(1949 Code §9101.1 added by
Ord.635;December 12,1950).
20.04.040 COMPLIANCE REQUIRED.No building or
structure shall be erected,reconstructed or structurally
altered in any manner,nor shall any building or land be
used for any purpose,other than as permitted by and in
conformance with this Code and all other Ordinances,laws
and maps referred to therein.(1949 Code §9101.2 added
by Ord.635;December 12,1950).
Page 14.
GENERAL PROVISIONS
Chapter 20.04
20.04.050 EFFECT AND INTENT OF TITLE.When inter-
preting and applying the provisions of this Title,it shall
be held to represent the minimum requirements adopted for the
promotion of the public health,safety,comfort,convenience
and general welfare.It is not intended by the adoption of
this Title to repeal or in any way to impair or interfere with
any existing provision of law of the City of Newport Beach,
or any rules,regulations or permits previously adopted or
issued or which shall be adopted or issued pursuant to law
relating to the erection,construction,establishment,moving,
alteration or enlargement of any legal building or improvement;
nor is it intended by this Title to interfere with or annul
any easement,covenant,or other agreement between parties;
provided,however,that in cases in which this Title imposes
greater restrictions than are imposed or required by other
easements,covenants or agreements,then in such cases the
provisions of this Title shall control.(1949 Code §9109.5
added by Ord.952;March 27,1961).
20.04.060 PERMIT OR LICENSE PROVISIONS NOT AFFECTED.
Nothing herein contained shall be deemed to repeal or amend
any ordinance of the City requiring a permit or license or
both to cover any business,trade or occupation.(1949 Code
§9110.1 added by Ord.635;December 12,1950).
Page 15.
DISTRICTS -MAPS
Chapter 20.06
MAP S----
Chapter 20.06
DISTRICTS -MAPS
Sections:
20.06.010
20.06.020
20.06.030
20.06.040
Districts Designated.
Special Districts Designated.
Map Adopted by Reference.
Right-of-Way Boundaries.
20.06.010 DISTRICTS DESIGNATED.The several general
districts established are as follows:
Agricultural-Residential District or R-A District.
Single Family Residential District or R-l District.
Duplex Residential District or R-2 District.
Restricted Multiple Family Residential District or
R~3 District.
Multiple Residential District or R-4 District.
Administrative and Professional District or A-P District.
Neighborhood Commercial District or C-N District.
Limited Commercial -Multiple Residential or C-l District.
Light Commercial District or C-l District.
General Commercial District or C-2 District.
Intermediate District or I District.
Manufacturing District or M-l District.
Unclassified or U District.
Controlled Manufacturing District or M-l-A District.
Planned Community District or P-C District.
(Ord.1248 §1;May 13,1968:prior 1949 Code §9102.0 added
by Ord. 635 and amended by Ord.984;December 11,1961).
20.06.020 SPECIAL DISTRICTS DESIGNATED.In addition
to the general districts established above,the following special
districts are established which,when combined with the above
general districts,establish additional special regulations:
Combining or "-B"District.
Combining or "_H"District.
Combining or "_Z'I District.
(1949 Code §9102.1 added by Ord.635;December 12,1950 as
amended by Ord.984;December 11,1961).
Page 15-1.
DISTRICTS -MAPS
Chapter 20.06
20.06.030 MAP ADOPTED BY REFERENCE.The designations,
locations and boundaries of the districts established are
delineated upon the maps entitled "Districting Map for the
City of Newport Beach,California",dated November 27,1950,
which maps and any additional maps subsequently adopted and
all notations and information thereon are hereby made a part
of this Title by reference.(1949 Code §9102.2 added by
Ord.635;December 12,1950 as amended by Ord.845;April 14,
1958).
20.06.040 RIGHT-OF-WAY BOUNDARIES.Any district
adjoining any right-of-way extends to the center of such
right-of-way.(1949 Code §9102.3 added by Ord.901;December
28,1959).
Page 16.
RESIDENTIAL DEVELOP-
MENT STANDARDS
Chapter 20.07
Chapter 20.07
RESIDENTIAL DEVELOPMENT STANDARDS
Sections:
20.07.010
20.07.020
20.07.030
20.07.040
Effect of Chapter.
Building Height and Floor Area Limit.
Parking.
Open Space Options.
20.07.010 EFFECT OF CHAPTER.The residential
development standards contained in this Chapter shall apply
to all dwellings located in Residential Districts in Corona
del Mar, West Newport and the Balboa Peninsula as those areas
are more particularly described below.Dwellings in those
areas shall also be subject to all other provisions of this
Title.Where there is a conflict between this Chapter and
another provision of this Title,the provisions of this Chapter
shall be controlling.
(a)The areas of Corona del Mar in which the provisions of
this Chapter shall be controlling are more particularly
described as follows:
That area commonly referred to as old Corona del Mar
generally bounded by Avocado Avenue,Pacific Coast Highway,
Fifth Avenue,the easterly boundary of the Corona del Mar
tract,the Pacific Ocean and the Harbor entrance;and more
specifically described as that area included in Annexation
#3 as described in Ordinance No.252 of the City of
Newport Beach,approved on February 27,1924.
(b)The areas of West Newport and the Balboa Peninsula in which
the provisions of this Chapter shall be controlling are more
particularly described as follows:
That area commonly referred to as West Newport and the
Balboa Peninsula generally bounded by the Semeniuk Slough,
Pacific Coast Highway,the West Lido Channel.the Newport
Channel,the Main Channel,the Harbor Entrance.the Pacific
Ocean and the Santa Ana River.and more specifically
described as follows:
Beginning at the intersection of the westerly boundary of
the City of Newport Beach and the Mean High Tide Line of the
Pacific Ocean;thence proceeding northerly along said City
Page 16-1.
RESIDENTIAL DEVELOP-
MENT STANDARDS
Chapter 20.07
Boundary to the intersection of said Boundary with the
northerly right-of-way line of Pacific Coast Highway;
thence due East a distance of l±foot to an intersection
with the City Boundary on the easterly side of that
certain one foot strip shown on Annex No.21,Ordinance
No.630,10/31/1950;thence proceeding easterly,northerly,
easterly and southerly along said City Boundary to an
intersection with the northerly right-of-way line of .
Pacific Coast Highway;thence proceeding southerly along
a perpendicular to said right-of-way line to the center-
line of Pacific Coast Highway;thence easterly along said
centerline to an intersection with the centerline of
Newport Boulevard;thence southerly along said centerline
of Newport Boulevard to an intersection with the southerly
Bulkhead of the Newport Island Channel,said point being
westerly of u.S.Bulkhead Station #126 on the u.S.
Bulkhead line;thence easterly to said U.S.Bulkhead
Station #126;thence continuing along the U.S.Bulkhead
Line to U.S.Bulkhead Station #114;thence northeasterly
in a straight line to U.S.Bulkhead Station #165;thence
northeasterly,easterly and southerly along the U.S.
Bulkhead Line to U.S.Bulkhead Station #162;thence
southerly in a straight line to U.S.Bulkhead Station #113,
and thence proceeding along the U.S.Bulkhead to U.S.
Bulkhead Station #107;thence continuing southerly along
the prolongation of the U.S.Bulkhead Line to an inter-
section with the Mean High Tide Line;thence westerly and
northwesterly along said Mean High Tide Line to the point
of Beginning.(Ord.1540 §1 (part),1974).
20.07.020 BUILDING HEIGHT AND FLOOR AREA LIMIT.
(a)In the R-l and R-2 Districts in the above-noted areas,the
total gross floor area,including basements,garages and carports,
but excluding decks,balconies or patios open on at least two
sides,contained in all buildings on a building site shall not
exceed two times the buildable area of the site..For dwellings,
the building height limit shall be 24/28 feet as specified in
Chapter 20.09.For accessory buildings,the building height
limit shall be fifteen feet.
(b)In the R-3 and R-4 Districts in the above-noted areas,the
total gross floor area contained in all buildings on a building
site shall not exceed three times the buildable area of the
site;provided,however,that floor area devoted to parking within
a building or to decks,balconies or patios open on at least two
sides shall not be considered in determining the total floor area
allowed.The height limit in the R-3 District shall be 24/28 feet
on the front one-hal~of the lot and 28/32 feet on the rear one-
half of the lot,except where in the opinion of the Planning
Commission differences in grade warrant individual considerations.
The height limit in the R-4 District shall be 28/32 feet as
specified in Chapter 20.09.(Ord.1540 §1 (part),1974).
Page 16-2.
RESIDENTIAL DEVELOP-
MENT STANDARDS
Chapter 20.07
20.07.030 PARKING.The parking requirements for the
above-noted areas shall be as follows:
(a)In the R-l District two spaces for any structure contain-
ing less than 2,000 square feet,exclusive of areas devoted to
parking or open space;three spaces for any structure containing
2,000 square feet or more,exclusive of areas devoted to parking
or open space.
(b)In the R-2, R-3 and R-4 Districts three spaces for any
structure containing less than 2,400 square feet,exclusive of
areas devoted to parking or open space,plus one additional
space for each 600 square feet or portion thereof;provided,
however,that the standards contained in subsection (a)above
shall apply to any single family dwelling in the R-2,R-3 or
R-4 Districts.
(c)In addition to the above-noted parking standards the follow-
ing parking controls shall also apply:
1.For each dwelling unit there shall be a minimum of one
covered parking space.
2. For each dwelling unit there shall be a minimum of one
independently accessible parking space.
3.Tandem parking up to a maximum of two cars in depth
shall be permitted.
4.Parking in one side yard shall be permitted;provided,
however,that structural encroachments shall not be
permitted.
5.Tandem parking and parking in a side yard shall not
both be permitted on the same lot.(Ord.1540 §1
(Part),1974).
Page 16-3.
RESIDENTIAL DEVELOP-
MENT STANDARDS
Chapter 20.07
20.07.040 OPEN SPACE OPTION.(a)In the a-t ,R-2,
R-3 and R-4 Districts,in the above-noted areas,open space
shall be provided in addition to the required front yard
setback.This additional open space shall be a volume of
space equal to the buildable width of the lot,times the
basic height limit,times six feet.On an interior lot,this
space shall be provided in the first twelve feet behind the
required front yard setback.On a corner lot,this space
may be distributed between the first twelve feet behind the
required front yard setback and the first twelve feet behind
the required exterior side yard setback.In the case of a
lot fronting on permanent open space,such as the ocean or
the bay,this space may be distributed anywhere behind the
required yard setback lines.Where a question arises as to
where the additional open space should be provided,such as
on a through lot or a lot with an unusual configuration,the
location of the open space shall be determined by the Director
of Community Development,following an investigation as to the
locations of existing structures on adjoining properties in
the neighborhood.This open space shall be open on at least
two sides and shall have a minimum dimension in any direction
of at least six feet and may be used for outdoor living area.
Roofs,balconies,decks,patios,cornices,and architectural
features may project into this area.This additional open
space may be provided on any level or combination of levels
and may extend across the entire front of the structure or
any portion thereof.(Ord.1629 §1,1975:Ord.1540 §1
(part),1974).
Page 17.
GENERAL CONTROLS
Chapter 20.08
Chapter 20.08
GENERAL CONTROLS
Secti ons:
20.08.010
20.08.020
20.08.040
20.08.050
20.08.060
20.08.070
20.08.080
20.08.090
20.08.100
20.08.110
20.08.122
20.08.125
20.08.140
20.08.150
20.08.160
20.08.170
20.08.180
20.08.185
20.08.190
20.08.191
20.08.200
20.08.210
20.08.220
20.08.230
20.08.240
20.08.250
20.08.260
20.08.270
20.08.280
20.08.290
20.08.295
Effect of Chapter.
Recreational Establ ishments.
Accessory Use and Buildings in C or M District.
Accessory Uses in R Districts.
Parking Automobiles on Roofs.
Parking Lots.
Institutions,Cemeteries and Public Buildings.
Removal of Earthen Materials.
Heliports and Helistops.
Temporary Structures and Uses.
Outdoor Lighting.
Shoreline Height Limitation Zone.
Building Site Area Exception.
Extensions Into Yards.
Accessory Buildings -Yards.
Dwellings in C or M Districts -Yards.
Swimming Pools - Yards -Equipment.
Changes in Yard Requirements.
Automobile Storage or Parking Space.
Parking Requirements for Commercial Uses.
Requirements for Off-Street Parking.
Plans and Drawings for Certain Districts.
Architectural Committee -Appointment and
Membership.
Authority of Architectural Committee -
Standards.
Appeal from Architectural Committee Action.
Appeal from Planning Commission Action.
Approval of Plans Requisite to Permit Issuance.
Mapped Streets.
Mapped Streets -Exclusions.
Specific Plan Areas -Site Plan Review Required.
Use Permit Required -Specific Plan Areas.
20.08.010 EFFECT OF CHAPTER.All sections of this
Title shall be subject to the general provisions and exceptions
provided by this Chapter.(Ord.901 (part),1959:Ord.635
(part),1950:1949 Code §9105).
20.08.020 RECREATIONAL ESTABLISHMENTS.No circus,
carnival,amusement park,fun zone,open air theatre,race
track,private recreation center,or other similar establish-
ment,shall be established in any district unless and until a
Use Permit is first secured for the establishment,maintenance
and operation of such use.(Ord.1115 (part),1965:Ord. 635
(part),1950:1949 Code §9105.1(a)).
Page 18.
GENERAL CONTROLS
Chapter 20.08
20.08.040 ACCESSORY USE AND BUILDING IN C OR M
DISTRICT.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 premises in respect to
their use for purposes permitted in the district.Such
accessory buildings shall be allowed only when constructed
concurrent with or sUbsequent to the main building.(Ord.
1115 (part},1965:Ord. 635 (part},1950: 1949 Code §9105.1(c}}.
20.08.050 ACCESSORY USES IN R DISTRICT.Accessory
uses normally a part of any use permitted in any R District
may be permitted.This shall not be construed as permitting
any commercial use in any R District unless such is specified
in the regulations 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.(Ord.1115 (part},1965:Ord. 635 (part},1950:
1949 Code §9105.1(d}}.
20.08.060 PARKING AUTOMOBILES ON ROOFS.Parking of
automobiles on the roof of a building may be permitted in any
C or M District,subject to the securing of a Use Permit.Park-
ing of automobiles on the roof of a building in any R District
is not permitted.(Ord.635 (part},1950:1949 Code §9105.l(e}}.
20.08.070 PARKING LOTS.Public or no fee private
parking lots for automobiles may be permitted in any R District
adjacent to any C or M District,subject to the securing of a
Use Permit in each case.(Ord.1115 (part,1965:Ord. 635
(part},1950:1949 Code §9105.1 (fn.
20.08.080 INSTITUTIONS,CEMETERIES AND PUBLIC
BUILDINGS.Churches,schools,hospitals,parks and play-
grounds,yacht clubs,cemeteries (minimum area 20 acres},
mausoleums,crematories,public utilities,public and quasi-
public buildings,and municipally operated parking lots may
be permitted in any district,subject to the securing of a
Use Permit in each case.(Ord.1115 (part},1965: Ord. 635
(part},1950:1949 Code §9105.1(g}}.
20.08.090 REMOVAL OF EARTHEN MATERIALS.The removal
of earthen materials may be permitted in any district,subject
to the securing of a Use Permit in each case.(No permit
required for normal grading or landscaping on lots of record.}
(Ord.1115 (part},1965:Ord. 635 (part},1950:1949 Code
§9105.1(hn.
20.08.100 HELIPORTS AND HELISTOPS.No helicopter
shall land or take off and no heliport or helistop shall be
established in any R-l or R-2 District.In any district other
than R-l or R-2, no helicopter shall land or take off and no
heliport or helistop shall be established unless a Use Permit
shall first have been secured for the establishment,maintenance,
and operation of such use.
Page 19.
GENERAL CONTROLS
Chapter 20.08
The Planning Director may approve temporary helistops in any
zoning district of the City for a period not to exceed 90 days
for use in connection with major construction sites if he
determines that such helistops will not unduly interfere with
the health,safety and welfare of persons owning property in
the surrounding area and he may attach appropriate conditions
to such approval.(1949 Code §9105.1(i)added by Ord.635;
December 12,1950 amended by Ord.1115;January 25,1965,
Ord.1127,May 10,1965,Ord.1130;June 28,1965).
20.08.110 TEMPORARY STRUCTURES AND USES.(A)Intent
and Purpose.The intent and purpose of this section is to
establish procedures whereby the Director of Community Develop-
ment or the Planning Commission may approve reasonable requests
for interim or temporary uses of land or buildings when said
uses are consistent with the City's General Plan and the health,
safety,peace,comfort and general welfare of persons residing
or working in the neighborhood and not violative of any other
ordinances and regulations of the City.
(B)Temporary Uses and Structures Not to Exceed 90 Days. The
Director of Community Development may authorize the temporary
use of structures and land in any Commercial,Industrial or
Planned Community District for a period of time not to exceed
90 days.Prior to approving said temporary use the Director
of Community Development shall inform the Planning Commission
of his intent to permit said use and shall take whatever steps
or precautions are necessary to assure that said use will be
consisteht with the purpose and intent of this section and
that said land or building will be restored at such time as
the use is terminated.
(C)Temporary Uses and Structures in Excess of 90 Days. The
Planning Commission may authorize the temporary use of struc-
tures and land in any Commercial,Industrial or Planned Community
District for periods of time in excess of 90 days subject to the
securing of a use permit in each case.In approving said use
permit the Planning Commission may impose whatever conditions
they deem necessary to assure that the purpose and intent of this
section is carried out and shall establish a specific point in
time when said permit is to be terminated and the site restored.
(D)Temporary Real Estate Signs and Structures.The Director
of Community Development may approve temporary signs and tempor-
ary tract and sales offices for the first sale of structures and/
or lots in any district for a period of time not to exceed one
year following the recordation of the final subdivision map.
(E)Extensions of Time for Temporary Uses and Structures.The
Director of Community Development and the Planning Commission
may authorize extensions of time subject to the procedures
specified above.(Ord.1591 §1,1974;1949 Code §9105.1(j)
added by Ord.1130;1965).
Page 20.
GENERAL CONTROLS
Chapter 20.08
20.08.122 OUTDOOR LIGHTING.No swimming pool,
tennis court or other use which,in the opinion of the
Planning Commission is of a similar nature,and which is
located within any 'R'District or closer than two hundred
feet to the boundary of any 'R'District,shall be lighted
externally unless a use permit shall first have been secured
for the installation,maintenance and operation of the
lighting fixtures.This provision shall not be construed
so as to require a use permit for lighting fixtures which are
normally incidental to the use of a residential structure.
(Ord.1446;June 26,1972).
20.08.125 SHORELINE HEIGHT LIMITATION ZONE.
(A)Intent and Purpose.The purpose of this section is the
limitation of buildings and structures on water-oriented
properties within the City of Newport Beach.It is the
intent of this section to protect the public peace,health,
safety,and general welfare,and to preserve the natural
beauty of Newport Bay by limiting the height of shoreline
developments pending the completion of city-wide general
planning studies.
(B)Height Limitation.No building or structure shall be
erected in excess of thirty-five (35)feet in height within
the Shoreline Height Limitation Zone, more particularly
described as follows:
Beginning at the intersection of the westerly city boundary
of Newport Beach and the centerline of West Coast Highway as
established per Annexation No.66 of the City of Newport Beach;
thence northerly,easterly and southerly along the city boundary
of Newport Beach to the northerly line of Annexation No.25
of said city being the northerly line of West Coast Highway;
thence easterly along said northerly line of West Coast Highway
to the westerly line of Annexation No.55;thence northerly
along said westerly line to a line parallel with and 250'
northerly (measured at right angles)from the centerline of
West Coast Highway;thence easterly along said parallel line
to an intersection with the southwesterly prolongation of the
centerline of Santa Ana Avenue;thence northeasterly along
said prolongation and along the centerline of Santa Ana Avenue
to the centerline of Avon Street;thence easterly along the
centerline of Avon Street to the centerline of Riverside
Avenue;thence southwesterly along the centerline of Riverside
Avenue to the centerline of Avon Street;thence easterly ~long
the centerline of Avon Street and along a line parallel with
and 375'northerly (measured at right angle)from the center-
Page 21.
GENERAL CONTROLS
Chapter 20.08
line of West Coast Highway to an intersection with the
northwesterly boundary line of Tract No.1221;thence south-
westerly,southerly and easterly along said boundary lfne and
easterly along the northerly boundary line of Tract No.1210
to the centerline of Dover Drive;thence northerly along the
centerline of Dover Drive to the westerly prolongation of the
northerly line of Lot 1,Tract No.1125;thence easterly along
said prolongation and along said northerly line to the
northwesterly line of Upper Newport Bay as established per
Superior Court Case No.20436;thence northerly and easterly
along said line of Upper Newport Bay to Sta.65 per Superior
Court Case No.20436;thence easterly to a natural contour
line having an elevation of 25.00 feet above Mean Sea Level;
thence easterly along said contour line to Jamboree Road;
thence southerly along Jamboree Road to Eastbluff Drive;thence
southwesterly along Eastbluff Drive to Backbay Drive as
described in the deed recorded in Book 6901,page 207 of
Official Records of Orange County;thence westerly along said
Backbay Drive;thence westerly and southerly along Backbay
Drive as described in the deed recorded in Book 1037,page 269
of Official Records of Orange County to the northwesterly
prolongation of the northerly line of Tract No.6230;thence
easterly along the northerly line of said Tract to the most
easterly corner of Lot 83 of said Tract;thence southwesterly
along the southeasterly line of said Lot 83 to the centerline
of Vista Del Playa;thence southerly along Vista Del Playa to
the centerline of Vista Del Oro;thence in a southerly direction
along the centerline of Vista Del Oro to the westerly boundary
of Tract No.5877;thence southerly and easterly along the
boundary of said Tract 5877 and easterly along the southerly
boundary of Tract No.5425 to Jamboree Road;thence southerly
along Jamboree Road to the northerly line of Tract No.6947;
thence westerly along said northerly line and its westerly
prolongation to the last said Backbay Drive;thence southerly
along Backbay Drive to the northerly line of Parcel 2 per map
recorded in Book 17,page 3 of Parcel Maps;thence easterly
along said northerly line of Parcel 2 to the northwesterly
line of Jamboree Road;thence southwesterly along said north-
westerly line of Jamboree Road to the centerline of Backbay
Drive;thence northwesterly along said centerline to a line
parallel with and 100.00'northwesterly (measured at right
angles)from the northwesterly line of Jamboree Road;thence
southwesterly 700.00'along said parallel line;thence westerly
in a direct line to a point on a line 150.00 feet south of
Sta.19 as established per Superior Court Case No.20436,said
line being parallel with the centerline of East Coast Highway;
thence westerly along said parallel line to a natural contour
line having an elevation of 25 feet above Mean Sea Level;
thence westerly and southerly along said contour line having
an elevation of 25.00 feet above Mean Sea Level to the center-
line of East (oast Highway;thence continuing southerly and
easterly along said contou~line to the centerline of Jamboree
Road;thence southerly and easterly along the centerline of
Page 22.
GENERAL CONTROLS
Chapter 20.08
Jamboree Road to the centerline of Bayside Drive;thence
southeasterly along the centerline of Bayside Drive to the
centerline of Bayside Place;thence southwesterly along the
centerline of Bayside Place to a natural contour line having
an elevation of 25.00 feet above Mean Sea Level;thence
southerly and easterly along said contour line to the southerly
boundary line of Tract No.1116;thence southerly along said
boundary line of Tract No.1116 and along the southerly boundary
line of Tract No.3357 to the easterly city boundary of Newport
Beath,as established per Ann.exation No.68;thence south-
westerly,westerly and northeasterly along the city boundary
of Newport Beach to the Point of Beginning.
(C)Expiration Date.This section shall remain in effect
and in force for a period of one (1)year from November 11,
1971.(Ord.1408 §1;October 12,1971).
20.08.140 BUILDING SITE AREA EXCEPTION.Any lot or
parcel of land under one ownership and of record on August 2,
1943 may be used as a building site even when of less area or
width than that required by the regulations for the District
in which it is located.(1949 Code §9105.3 added by Ord.
635;December 12,1950).
20.08.150 EXTENSIONS INTO YARDS •
.A.ARCHITECTURAL FEATURES.Architectural features such as
cornices or eaves may extend not exceeding 2\feet into any
required front or rear yard setback;provided,however,that
such architectural features shall not project ·any closer than
2 feet from side property line.
B.FIREPLACES AND CHIMNEYS.Fireplaces and chimneys not to
exceed 8 feet in width,constructed of incombustible material,
may encroach to a distance of 2 feet into any required front
yard setback of 10 feet or more in any R District;provided,
that the fireplace and chimney must be located not less than
5 feet from any side yard setback line.
Fireplaces and chimneys not to exceed 9 feet in width;constructed
of incombustible material,may encroach to a maximum distance of
2\feet from any side yard setback line provided that such
encroachment must be at least 2 feet from any side property line.
C.OPEN PORCHES AND LANDINGS.
landings may project a distance
required front yard setback.
Open uncovered porches or
not exceeding 5 feet into any
D.MARQUEES,AWNINGS AND SHADES.Marquees,awnings,or
shades may project from the building into the front yard
setback in any R District not to exceed 5 feet from the build-
ing n~r more than half the depth of the required front yard,
and must be within the required side yard lines and have a
clearance above grade vertically of not less than 6\feet.
Page 23.
GENERAL CONTROLS
Chapter 20.08
Any such projection from the building shall be self-supporting
and shall be of incombustible material or of not less than
one-hour fire resistive construction.
Marquees,awnings or shades may project from the building into
the rear yard setback in any R District not to exceed 2~feet.
E.ENCROACHMENTS UPON OFFICIAL PLAN LINE.Whenever a mapped
street has been established,required yards shall be measured
from said mapped street,and in no case shall the provisions
of this Title be construed as permitting any encroachment
upon any mapped street.
F.ABUTTING ALLEYS.In residential districts having alleys
tb the rear of lots or building sites,attached or detached
garages,fences,screen plantings or other obstructions must
set back from rear property lines the distances shown in
the following table,except as provided in Section 20.08.150(g).
Alley Width
15'or less
15'1"to 19'11"
20'or more
Setback
5'
3'9"
2'6"
G.ENCROACHMENTS IN RESIDENTIAL REAR YARD SETBACKS ABUTTING
ALLEYS.In residential districts having alleys to the rear
of lots or building sites,a second-story projection will
be permitted to encroach into the setback stipulated in Sec-
tion 20.08.150(f),subject to the following conditions:
1.No projection may extend closer than 7'6"to the
center of any all ey.
2.No projection may extend closer than 2'6"to the
rear property line.
3.That portion of the building which encroaches into
the required rear yard setback shall have a minimum
ground clearance of 8'0".
4.No encroachment will be permitted on lots having a
depth exceeding eighty-five feet.
(Ord.1398;§1;August 9,1971:Ord. 1176 § 2;September 12,
1966:prior 1949 Code §9l05.4(a-g)added by Ord.635;
December 12,1950 as amended by Ord.1034;April 8,1963).
Page 24.
GENERAL CONTROLS
Chapter 20.08
20.08.160 ACCESSORY BUILDING -YARDS.In case an
accessory building is attached to the main building,it shall
be made structurally a part of and have a common wall with the
main building and shall comply in all respects with the
requirements of this Title applicable to the main building.
Unless so attached,an accessory building in an R District
shall be located on the rear one-half of the lot and at least
6 feet from any dweiling building existing or under construc-
tion on the same lot or any adjacent lot;provided,that in
ahy R District combined with any "-B"District the Planning
Commission may approve the location of the accessory building
on the front half of the lot and detached from the main
building without a variance,provided the location will not
be detrimental to adjoining property and further provided
that the Planning Commission approves of the elevation and
location of the accessory building.
A detached accessory building may be built to within 1 foot of
one of the side lot lines,Such accessory building shall not
be located within 5 feet of any alley or within 5 feet of the
sideline of any alley or within 5 feet of the side line of the
front one-half of any adjacent lot,or,in the case of a
corner lot,shall not project beyond the front yard required
or existing on the adjacent lot.In the case of a lot abutting
on two or more streets,no building shall be erected closer to
the property line than the front yard setback established on
either street.In any case where the rears of lots normally
border streets and the fronts of the lots face a common walk-
way,the main structure and/or accessory buildings may be
constructed within 5 feet of the rear property line.In the
case of subdivisions where lots or building sites are laid
out or planned to border a street and overlook a waterway,
beach or bluff,the portion of such lots bordering the street
may be considered the rear yard for purposes of location,
construction or maintenance of main or accessory building,pro-
vided,that all of the lots in a block conform to this pattern.
In all such cases,the required setback from the street shall
be a minimum of 5 feet and the normal front yard requirements
shall apply to the portion of such lots adjacent to any
waterway,beach or bluff,except that such front yards may
exceed the maximum of 35 feet permitted in residential
districts.(1949 Code §9105.4(h)added by Ord.635;December
12,1950 as amended by Ord.1034;April 8,1963).
20.08.170 DWELLINGS IN C OR M DISTRICTS -YARDS.
Every building or portion thereof which is designed or used
for any dwelling purpose in any C or M District shall comply
with the requirements of such appropriate residential district
as is determined by the use to which such C or M District
property is being put;provided,however,that when the entire
ground floor of any such building is used for any commercial
Page 25.
GENERAL CONTROLS
Chapter 20.08
or manufacturing purpose.the yard provlslons specified for
such C or M District may be applied to the ground floor only.
(1949 Code §9105.4(i)added by Ord.635;December 12.1950
as amended by Ord.1034;April 8.1963).
20.08.180 SWIMMING POOLS -YARDS -EQUIPMENT.
Any swimming pool,fish pond,or other body of water which
contains water 18 inches or more in depth for use in connec-
tion with any single family.duplex,mUltiple or apartment
dwelling.shall be at least 5 feet from any side or rear yard
property line and 10 feet from any front yard property line.
No such body of water shall be permitted in any required yard
space unless the enclosing fence required in Chapter 15.04 of
this Code is permitted under the provisions of Section 20.oB.130.
Any pump,filter or heater installed to serve such body of
water shall be located not less than 5 feet from any side or
rear yard property line and in no event nearer than 10 feet
to any dwelling on adjoining properties.Any such pump.
filter or heater shall not be considered an accessory bui1d-
ingso long as any required housing thereof does not exceed
6 feet in height.Pumps may be operated only between the
hours of 8 a.m.and 8 p.m. (1949 Code §9105.41 added by
Ord.924;July 11.1960).
20.08.185 CHANGES IN YARD REQUIREMENTS.The Plan-
ning Commission may approve changes in the yard setback require-
ments applicable to any subdivision having five or more lots
at the time that it approves the final tract map for said
subdivision.The applicant shall submit with his application
an exact copy of the final tract map showing the proposed
changes.The decision o~the Planning Commission shall be
subject to review by the City Council and it may approve.
disapprove or modify said decision.If the City Council
approves such changes.the districting map shall be revised
accordingly.(1949 Code §9105.42.added by Ord,1134;August
9.1965).
20.08.190 AUTOMOBILE STORAGE OR PARKING SPACE.
Accessible storage or parking space for the parking of auto-
mobiles off the street shall be provided in all districts.
as follows:
(a)Not less than two garage spaces for each single
family dwelling.
(b)Not less than one garage space for each family
unit in any duplex,triplex or dwelling group of
four or less family units.
(e)Not less than one garage space for each two guest
rooms in any rooming house.
Page 26.
GENERAL CONTROLS
Chapter 20.08
(d)Not less than one parking space for each two guest
rooms in any hotel.
(e)Not less than one garage space for each of the
first four family units,and two 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.
(f)Not less than two garage spaces per family unit in
any residential 8 District.
Parking space required for other uses allowed in any R District
and not set forth above shall be determined by the Planning
Commission and set forth as a condition to the granting of the
Use Permit for such use.(1949 Code §9105.5 added by Ord.
635;December 12,1950 as amended by Ord.909;February 8,
1960;as amended by Ord.1494;February 26,1973).
20.08.191 PARKING REQUIREMENTS FOR COMMERCIAL USES.
A.REQUIRED PARKING.Off-street parking in accordance with
the requirements of Chapter 20.38 entitled'"-H"DISTRICT'
shall be required of all property in all commercial zoning
districts which has not previously been included within a
"-Z"or "-H"District.All properties in commercial districts
which do not meet the requirements of this section shall be
classified as nonconforming uses.
B.NONCONFORMING USES.The provisions of Chapter 20.44
entitled 'NONCONFORMING STRUCTURES AND USES',shall not be
applicable to structures and uses which ate nonconforming
only because they dO not comply with the parking requirements
set forth in subsection A above,but instead the following
regulations shall be controlling:'
1.EXISTING USES AND STRUCTURES.The lawful use of land
or buildings or both in commercial zoning districts
whi ch don 0 t me et the pa i·kin g re qui reme n-t sse t for t h
in subsection A above,which use was in existence on
the effective date of this section,may be continued
or changed to a use requiring the same or less on-site
parking without compliance with said requirements.
2.REMODELING,REPAIRS OR ALTERATIONS.Any nonconforming
building may be repaired,altered or remodeled without
complying With the parking requirements set forth in
subsection A of this section.
3.ENLARGEMENT.Whenever a nonconforming building or
use is enlarged by more than ten percent (10%)of
its original gross area in anyone-year period,the
property on which it is located shall be made to
comply with the parking requirements of subsection A
Page 27.
GENERAL CONTROLS
Chapter 20.08
of this section unless a waiver or reduction of said
requirement is authorized by use permit.When the
enlargement of an existing building or use constitutes
less than ten per cent (10%)of its original gross
area,the required parking shall be based only upon
the added gross area.
4.RESTORATION OF DAMAGED OR DESTROYED BUILDING.A
nonconforming bUilding wholly or partially damaged
or destroyed by fire,explosion,earthquake,Act of
God,or other act beyond the control of the owner or
person in possession may be restored without the
necessity of complying with the requirements of
Section 20.08.191,provided that all of the follow-
ing conditions are met:
(a)The restoration work is commenced within twelve
months after the damage or destruction occurs;
(b)The building after restoration does not exceed
its original gross floor area as it exfsted
prior to the damage or destruction;and
(c)The use of the building is not changed to a use
which requires more parking than the original
use as it existed prior to the damage or
destruction.
(Ord.1292 §1; March 10,1969).
20.08.200 REQUIREMENTS FOR OFF-STREET PARKING
A.APPLICABILITY.The requirements of this section and any
off-street parking standards adopted by the City Council shall
apply to the following:
1. All off-street parking lots and areas hereafter
developed which are required by this Title.
2. All parking lots which are hereafter permitted sub-
ject to first securing a use permit.
3. All parking lots and parking areas which are hereafter
required by the Planning Commission as a condition of
granting a use permit.
Such off-street parking standards shall be adopted by resolu-
tion and shall show minimum,dimensions of parking spaces and
aisles,requirements for entrances and exits,and requirements
for markings and other devices deemed necessary to protect
patrons,the traffic on adjoining streets and alleys,and
property owners in the vicinity.
Page 28.
GENERAL CONTROLS
Chapter 20.08
B.BOUNDARY WALL.Where the boundaries of parking lots or
parking areas adjoin property in an R-l or R-2 district,a
wall shall be constructed along such boundaries in such a
manner as will provide protection to the public and owners
and occupants of adjoining property from noise,exhaust fumes,
automobile lights,and other similar sources of disturbance.
Such wall shall be constructed of solid masonry to a height
of 3 feet from the front of the property to a depth equal to
the required front yard setback established for adjoining
property i~a residential district.The remaining portion
of the wall shall be 6 feet in height,the lower 4 feet of
which must be of solid masonry construction.
C.PLOT PLAN.A plot plan of any proposed parking lot or
parking area shall be submitted to the Building and Safety
Director for approval.The plot plan shall show the layout
of parking spaces,aisles,walls,and other requirements
set forth in this section and in the off-street parking
standards.If the proposed parking lot or parking area
as shown on the plot plan meet the requirements,the Director
shall endorse his written approval on the plan and retain a
copy thereof.If the proposed plot plan does not meet the
requirements of this section,the Director shall return the
plan to the applicant,together with a written statement
setting forth the deficiencies in the plan,within ten
calendar days after the submission of the plan to the Director.
The parking lot or parking area shall be developed and main-
tained in accordance with the plan as approved.
D.VARIANCE.Where the size,shape,location,or topography
of the proposed parking lot or parking area make compliance
with the requirements of this section impractical and will
result in hardship,the Planning Commission,upon application,
may waive such requirements of this section and the off-street
parking standards as are necessary to permit development of
the parking lot or parking area so long as the waiver does
not create an unsafe condition or a condition which is detri-
mental to surrounding property.(1949 Code §9105.51 added
by Ord.1031;March 25,1963).
20.08.210 PLANS AND DRAWINGS FOR CERTAIN DISTRICTS.
In case an application is made for a permit for any building
or structure in any C-N, C or M District,the application
shall be accompanied by architectural drawings or sketches
and plot plans,all to a workable scale,showing the eleva-
tion of the proposed building,or structure and proposed
landscape or other treatment of the grounds around such
building or structure and other physical features,such as
trees,hydrants,poles,etc.Such drawing or sketches shall
be considered by the Planning Commission in an endeavor to
provide that such buildings or structures and grounds be in
keeping with the character of the neighborhood and such as
Page 29.
GENERAL CONTROLS
Chapter 20.08
not to be detrimental to the orderly and harmonious develop-
ment of the City,or not to impair the desirability of
investment or occupation in the neighborhood.(Ord.845,
1958:Ord.635,1950:1949 Code §9105.6(a)).
20.08.220 ARCHITECTURAL COMMITTEE -APPOINTMENT AND
MEMBERSHIP.The Planning Commission may appoint an Architectural
Committee of three members,who may be employees in the following
departments:Building Inspection and City Engineer.(Ord.845,
1958:Ord.635,1950:1949 Code §9105.6 (b)).
20.08.230 AUTHORITY OF ARCHITECTURAL COMMITTEE -
STANDARDS.The Architectural Committee shall have authority
to approve architectural sketches within the meaning of
Section 20.08.210,but all approvals shall be based on stand-
ards of good architectural design;such standards,which shall
be entitled "Drawings and Illustrated Architectural Standards.
for Certain Areas Designated in Title 20 of the Municipal Code
of the City of Newport Beach,"shall be approved by the Plan-
ning Commission and the City Council,and shall be on file in
the City Building Inspector's Office.The drawings shall show
desirable architectural standards,but are not designs which
must be copied in order to secure approval of plans.(Ord.
845,1958:Ord.635,1950:1949 Code §9105.6(e)).
20.08.240 APPEAL FROM ARCHITECTURAL COMMITTEE
ACTION.In case the applicant is not satisfied with the
decision of the Architectural Committee,he may within thirty
days after such action appeal in writing to the Planning
Commission.The Architectural Committee may,if it deems
advisable,refer any application for architectural approval
to the Planning Commission for its decision (Ord.845,1958:
Ord.635,1950:1949 Code §9105.6 (d)).
20.08.250 APPEAL FROM PLANNING COMMISSION ACTION.
In case the applicant is not satisfied with the action of
the Planning Commission,he may within twenty-one (21)days
appeal in writing to the City Council and the Council shall
render its decision within thirty (30)days after the filing
of such appeal.(Ord.1415 §1,1971:Ord.845,1958:Ord.
635,1950:1949 Code §9105.6 (e)).
20.08.260 APPROVAL OF PLANS REQUISITE TO PERMIT
ISSUANCE.No permit shall be issued in any case as provided
in Section 20.08.210 until such drawings and sketches have
been approved by the Planning Commission or by the City
Council in the event of appeal from the Planning Commission,
and all buildings,structures and grounds shall be in accord-
ance with the drawings and sketches.(Ord.845,1958:Ord.
635,1950:1949 Code §9105.6(f)).
Page 30.
GENERAL CONTROLS
Chapter 20.08
20.08.270 MAPPED STREETS.
A.DEFINITIONS.For the purpose of this section the follow-
ing terms,phrases,words and their derivations shall have
the primary meanings given herein:
(1)"Applicant"shall mean any person applying for a
building permit within this City.
(2)"Building line"shall mean that certain line
established by the City Council as herein provided.
Within the area of a lot between such building line
and an abutting street right-of-way,no structure
shall be erected,constructed or maintained except
as set forth herein.
(3)"Building setback area"shall mean the area of a
lot between the building line and abutting street
right-of-way,extending the full width of such lot.
(4)"Gender."Any gender includes the other gender.
(5)"General plan"shall mean a general plan or
precise plan approved by the City Council in
accordance with applicable state law.
(6)"Lot"shall mean any lot,parcel or other real
property situated within the City.
(7)"Mapped street"shall mean a future street which
is laid out and delineated on the General Plan
of the City,and on a map of such size,scale
and detail that the precise alignment of such
street is ascertainable,and shall mean any local,
secondary,primary,or major street,whether
existing or proposed,shown on map entitled
"Master Plan,City of Newport Beach,California,
Street and Highway,"adopted by City Council
Resolution No.5224 on April 25,1960,and all
amendments thereto heretofore adopted.
(8)"Notice of appeal"shall mean a written statement
filed on a prescribed form,appealing to the City
Council an action or decision of the Planning
Commission hereunder.
(9)"Written Notice"shall mean a notice in writing,
deposited in the United States mail,postage pre-
paid,addressed to the last known address of the
designated addressee.
Page 31.
GENERAL CONTROLS
Chapter 20.08
(10)"Owner"shall mean any person entitled to the
use or possession of real property.
(11)"Person"shall mean any individual,firm,part-
nership,association,corporation,company or
organization of any kind,including public agencies.
(12)"Shall"and "may"mean mandatory and permissive,
respectively.
(13)"Singular"and "plural."The singular includes
the plural and the plural includes the singular.
(14)"Street"shall mean any street,highway,avenue,
boulevard,road,alley,right-of-way,lane,place,
square,walk or other public way which heretofore
has been,or may hereafter,be dedicated or other-
wise acquired by this city or other governmental
agency for public street purposes.
(15)"Structure"and "building"are synonymous and
shall mean anything constructed or erected from
an assembly of materials or component parts and
which is attached or affixed to realty or which
is intended to rest other than temporarily there-
upon,or which is attached to something having a
fixed location on or below the ground.
(16)"Tenses."The present tense includes the past
and future tenses,and where applicable vice versa.
B.BUILDING LINES.Where a lot abuts a public street,a
building line is hereby established on said lot parallel to
the front lot line thereof and located,measured from the
existing center of said street,a distance equal to the
required depth of the front yard of said lot (as prescribed
by the zoning ordinance),plus a distance equal to 1/2 of
the ultimate width of said abutting street as such ultimate
width is shown on the General Plan.
C.PROTECTION OF RIGHTS-OF-WAY FOR FUTURE WIDENING OF
EXISTING STREETS AND FOR MAPPED STREETS.
(1)Establishment of future streets.In accordance
with applicable provisions of state law,the City
Council may designate and delineate mapped streets
and make the same as part of the General Plan.
When any such mapped street has been so established,
no person shall construct,install or maintain any
structure within the right-of-way thereof,except
as hereinafter specifically provided.
Page 32.
GENERAL CONTROLS
Chapter 20.08
(2)Building lines on partially dedicated streets.
Where a lot or lots abut a street or streets upon
which there has been a previous determination by
the Planning Commission and City Council that
only a portion of the ultimate street width has
been acquired,the City Council shall determine
the precise ultimate street width and shall adopt
the same as a mapped street on the General Plan,
and thereafter such alignment shall be the basis
for the establishment of a building line,as
provided in Section 20.08.270 B hereof.
(3)Amendment of the General Plan.Proceedings to
amend the General Plan by the designation of mapped
streets for proposed widenings along any existing
street or portion thereof or for any future street
may be initiated by the Planning Commission,by
the City Council,or by any person filing a petition
therefor with the Planning Commission.The Planning
Commission shall thereupon process the matter as an
amendment to the General Plan.
Upon receiving such a recommendation of the Planning
Commission and whenever the public peace,health,
safety,interest or welfare is found to so require,
the City Council may establish the proposed width of
such street or streets,and the alignment of such
future streets,and thereupon shall cause the General
Plan to be amended accordingly as provided by state
law.
D.BUILDING PERMITS;RESTRICTIONS.No building permit shall
be issued for the construction of any structure in any build-
ing setback area,or in the right-of-way of any mapped street.
Temporary structures such as walls,fences,signs or other
easily removable structures,involving a cost of not to exceed
One Thousand Dollars ($1,000),may be permitted in such area
with the approval of the Community Development Director.
E.ADMINISTRATIVE RELIEF.
(1)Hearings.Any applicant aggrieved by the denial
or conditional approval of a building permit pursuant
to Section 20.08.270 D hereof may, by written notice,
request a hearing on such matter before the Planning
Commission.The Planning Commission shall thereupon,
and within forty (40)days thereafter,hold a hear-
ing at which the applicant and other interested
persons shall be given the opportunity to be heard.
At least ten (10)days prior to the date fixed for
the hearing,the Planning Commission shall cause
notice of the time and place thereof to be mailed
Page 33.
GENERAL CONTROLS
Chapter 20.08
by certified mail to the applicant and to any other
person requesting such notice.
a. The Planning Commission shall direct the issu-
ance of the requested building permit if it
finds either of the following facts to be true:
That the denial of the building permit,because
of the nature of the land or other unique circum-
stances,will cause substantial damage to the
applicant;or that,in balancing the interest
of the public in preserving the integrity of
mapped streets against the private interest of
the owner of the land in using his property,
it is determined that the issuance of the
building permit is required in the interests
of justice and equity.
b. The Planning Commission shall not direct the
issuance of the requested building permit if
it finds either of the following facts to be
true:That the applicant will not be sub-
stantially damaged by relocating the proposed
structure on the lot elsewhere than in the
building setback area or in the mapped street;
or that,in balancing the interest of the
public in preserving the integrity of mapped
streets against the private interest of the
owner of the land in using his property,the
resulting loss and disadvantage to the public
would be unreasonable and disproportionate to
the private benefits the owner would accrue
from so using the property.
c.The Planning Commission may attach reasonable
conditions to its decision.
d. The applicant shall be given written notice
of the action taken by the Planning Commission.
(2)Appeals.Any person dissatisfied with the decision
of the Planning Commission may appeal such decision
to the City Council by filing a written notice of
appeal-with the City Clerk within twenty-one (21)
days after the date of the mailing of the notice
of the decision of the Planning Commission.The
City Council shall set the matter before it within
thirty (30)days;and shall,at least ten (10)days
prior to the date fixed for the hearing,cause
written notice of the time and place thereof to be
given to the appellant,the applicant and to any
other person requesting the same. The procedure
before the City Council shall be the same as for
the Planning Commission,and the applicant and
Page 34.
GENERAL CONTROLS
Chapter 20.08
appellant shall be notified of the decision of the
City Council.
F.ACQUISITION.After exhaustion of administrative relief
as provided in Section 20.08.270 E(2)hereof,any applicant
dissatisfied with the final decision may, by written notice
filed within fifteen (15)days after the date of the mail-
ing of the notice of the decision of the City Council,
demand that the City acquire,by eminent domain or other
available proceeding,the land belonging to the applicant
and located within the right-of-way of the mapped street.
Upon failure of the City Council,within six (6)months
thereafter,to commence such acquisition proceedings,or
thereafter with reasonable diligence to prosecute the same
to completion,the applicant may reapply for such building
permit and thereupon such building permit shall be issued.
The provisions of subsections E and F above shall not apply
where the dedication of the building setback area or right-
of-way of any mapped street has been required as a condition
of approval of a subdivision or use permit.
G.EXISTING STRUCTURES;RETROACTIVITY.Structures existing
on building setback areas and in mapped streets on the
effective date of this section shall be deemed to be legal
nonconforming structures,subject to the regulations,
limitations,abatement and amortization provided in the
Zoning Law.
H.COMPLIANCE WITH OTHER LAW.This section shall not permit
the construction,erection,placing or maintenance of any
structure at any place where the same is prohibited by any
other law,regulation or ordinance.
I.The provisions of this section shall not apply to the
installation of underground public utility facilities except
to the extent that the location of such facilities shall be
approved by written permit from the City Engineer.COrd.
1415 §2,1971:Ord. 1176 §3,1966:Ord.932,1960:1949
Code §9105.9(b)).
20.08.280 MAPPED STREETS -EXCLUSIONS.The herein-
after described portions of mapped streets as shown on that
map entitled "Master Plan,City of Newport Beach,California,
Street and Highway,"adopted by City Council Resolution No.
5224,shall be excluded from the provisions of Section 20.08.270
unless hereafter so desi9nated as mapped streets as provided
herein:
(1)Balboa Boulevard between 45th and 32nd Streets.
(2)Balboa Boulevard between Alvarado Street and 6th Street.
(3)Newport Boulevard between 30th Street and McFadden
Place.
Page 35.
GENERAL CONTROLS
Chapter 20.08
(4)Irvine Avenue between 16th Street and Cliff Drive.
(5)Marguerite Avenue between 5th Avenue and Ocean
Boulevard.
(Ord.1176 §4,1966:Ord.932,1960:1949 Code §9105.9(c)).
20.08.290
REQUIRED.
SPECIFIC AREA PLAN AREAS - SITE PLAN REVIEW
A.PURPOSE.The City Council finds that developments in areas
designated for Specific Area Plans for which a Specific Area
Plan has not been adopted,may conflict with the existing or
contemplated character of said district,thereby precluding the
implementation of the General Plan policies and objectives.The
effect of this Section is to require Site Plan Review by the
Planning Commission for any proposed development,except as
provided in Sub-section C,within areas designated by the
General Plan for the development of Specific Area Plans to
insure that the project conforms to the objectives of the
General Plan.
B.GENERALLY.The City Council finds,determines and declares
that the establishment of the Site Plan Review procedures
contained in this Section are necessary to preserve and promote
the health,safety,and general welfare of the community by
achieving the following purposes.
(1)To assure that development of properties in Specific
Area Plan areas will not preclude attainment of the
General Plan objectives and policies.
(2)To protect and preserve the value of properties and to
encourage high quality development thereof in Specific
Area Plan Areas where adverse effects will result from
inadequate and poorly planned landscaping and from
failure to preserve where feasible natural landscape
features,open spaces,and the like,and will result
in the impairment of the benefits of occupancy and use
of existing properties in such area.
(3)To ensure that the public benefits derived from
expenditures of public funds for improvement and
beautification of streets and public facilities within
Specific Area Plan areas shall be protected by the
exercise of reasonable controls over the layout and
site location characteristics of private buildings,
structures and open spaces.
(4)To promote the maintenance of superior site location
characteristics adjoining certain thoroughfares of
city-wide importance to ensure that the community
benefits from the natural terrain,harbor and ocean,
and to preserve and stabilize the grounds adjoining
Page 35-1.
GENERAL CONTROLS
Chapter 20.08
said thoroughfares.and to preserve and protect the
property values in said areas.
C.APPLICATION.Site Plan Review approval shall be obtained
prior to the issuance of a Building Permit for any new building
to be constructed.or existing building to be reconstructed or
remodeled to increase the gross floor area by 50%or 2.500
square feet whichever is less.within an area designated on the
land use plan of the General Plan for the development of a
Specific Area Plan.for which a Specific Area Plan has not
been adopted.
D.PLANS AND DIAGRAMS TO BE SUBMITTED.The following plans and
diagrams shall be submitted to the Planning Commission for
approval:
(1)A plot plan.drawn to scale.showing the arrangement
of buildings.driveways.pedestrian ways.off-street
parking and off-street loading areas.landscaped
areas.signs.fences and walks.The plot plan shall
show the location of entrances and exits.and the
direction of traffic flow into and out of off-street
parking and loading areas.the location of each parking
space and loading space.and areas for turning and
maneuvering vehicles.The plot plan shall indicate
how utility services and drainage are to be provided.
(2)A landscape plan.drawn to scale.showing the locations
of existing trees proposed to be removed and proposed
to be retained;and indicating the amount.type.and
location of landscaped areas.planting beds and plant
materials with adequate provisions for irrigation.
(3)Grading plans when necessary to ensure development
properly related to the site and to surrounding pro-
perties and structures.
(4)Scale drawings of exterior lighting showing size.loca-
tion.materials.intensity and relationship to adjacent
streets and properties.
(5)Architectural drawings.renderings or sketches.drawn
to scale.showing all elevations of the proposed build-
ings and structures as they will appear upon completion.
(6)Any other plans.diagrams.drawings or additional
information necessary to adequately consider the
proposed development and to determine compliance with
the purposes of this chapter.
E.FEE.The applicant shall pay a fee of $50.00 to the City
with each application for Site Plan Review under this chapter.
Page 35-2.
GENERAL CONTROLS
Chapter 20.08
F.STANDARDS.In addition to the general purposes set forth
in Sub-section S,in order to carry out the purposes of this
chapter as established by said section,the site plan review
procedures established by this Section shall be applied according
to and in compliance with the following standards,when applicable:
(1)To ensure that sites subject to Site Plan Review under
the provisions of this chapter are graded and developed
with due regard for the aesthetic qualities of the
natural terrain,harbor,and landscape,and that trees
and shrubs are not indiscriminately destroyed;
(2)To ensure that buildings,structures and signs are
properly related to their sites and are in keeping with
the character of the neighborhood and surrounding sites
and are not detrimental to the orderly and harmonious
development of their surroundings and of the City;
(3)To ensure that open spaces,parking areas,pedestrian
walks,illumination and landscaping (including sufficient
irrigation facilities)are adequately related to the
site and are arranged to achieve a safe,efficient and
harmonious development,to accomplish the objectives
as set forth in this Chapter;
(4)To ensure that sites are developed to achieve a harmon-
ious relationship with existing and proposed adjoining
developments;
(5)To ensure,when feasible,effective concealment of
electrical and similar mechanical equipment and trash
and storage areas;
(6)The Site Plan Review process shall endeavor to ensure
that proposed improvements will not impair the desir-
ability of investment or occupancy nearby;and origin-
ality in site planning and landscaping shall not be
suppressed;
(7)To ensure that the site plan and layout of the buildings,
parking areas,pedestrian and vehicular access ways,and
other site features gives proper consideration to the
functional aspects of the site development;
(8)To ensure that the proposed development is in keeping
with the desired character of the Specific Area Plan
area as identified by the General Plan;
(g)To ensure that the proposed development is consistent
with the General Plan policies;and
(10)To ensure that the proposed development will not preclude
the attainment of the Specific Area Plan objectives
stated in the Land Use Element of the General Plan.
Page 35-3.
GENERAL CONTROLS
Chapter 20.08
G.ACTION BY THE PLANNING COMMISSION.If all applicable standards
established by this Section are met,the Planning Commission shall
approve the development.Conditions may be applied when the pro-
posed development does not comply with applicable standards and
shall be such as to bring said development into conformity.If
the development is disapproved,the Commission shall specify the
standard or standards that are not met.Failure of the Commis-
sion to act within thirty (30)days from the date the drawings
are submitted shall be deemed an approval of the plans and
diagrams unless the applicant consents to an extension of time.
A Site Plan Review decision of the Planning Commission shall be
subject to review by the City Council either by appeal,or upon
its own motion,or upon the request of the Commission.The
action of the Commission on any Site Plan Review shall be final
and effective twenty-one (21)days following the Commission
action thereon unless,within the twenty-one (21)day appeal
period an appeal in writing has been filed by the applicant,
the Commission has requested a review of its decision,or
unless the City Council,not more than twenty-one (21)days after
the Commission action,on its own motion,elects to review and
act on the action of the Commission,unless the applicant con-
sents to an extension of time.The City Council may affirm,
reverse or modify the decision.Such action by the City Council
shall be final.
H.APPEAL TO THE CITY COUNCIL.Any Site Plan Review decision
of the Commission may be appealed to the City Council by the
applicant at any time within twenty-one (21)days after the date
of the Commission decision.An appeal to the City Council shall
be taken by fil ing a letter of appeal in dupl icate,with the
Department of Community Development.Such letter shall set forth
the grounds upon which the appeal is based.
I.ACTION BY THE CITY COUNCIL.An appeal shall be heard and
acted on by the City Council within thirty (30)days after the
Commission action,unless the applicant consents to an extension
of time.The City Council may affirm,reverse or modify the
decision of the Commission.Such action by the City Council
shall be final.
J.LAPSE OF SITE PLAN REVIEW APPROVAL.Site Plan Review approval
shall lapse and shall be void one year following the date upon
which the plans and diagrams were approved,as provided in this
Section,unless prior to the expiration of said one (1)year
period a building permit is issued and subsequently construction
is diligently pursued until completion,or unless an extension
of time is granted by either the Commission or City Council,
whichever took the final action.(Ord.1640 §I,1975)
20.08.295
Page 35-4.
GENERAL CONTROLS
Chapter 20.08
USE PERMIT REQUIRED -SPECIFIC PLAN AREAS.
A.PURPOSE.The City Council finds that development of office
buildings exceeding 5,000 square feet in floor area in areas
designated for Specific Area Plans for which a Specific Area
Plan has not been adopted may conflict with the existing or
contemplated character,appearance,use or design of said
district,thereby precluding the implementation of the General
Plan policies and objectives.The effect of this Section is to
require use permits for any proposed office building with a
gross floor area exceeding 5,000 square feet in said areas to
insure that the project conforms to the objectives of the
General Plan.
B.USE PERMIT REQUIRED.A Use Permit shall be obtained prior
to the issuance of a building Permit for any new office building
exceeding 5,000 square feet gross floor area within an area
designated on the land use plan of the General Plan for the
development of a Specific Area Plan,for which a Specific Area
Plan has not been adopted.
C.CRITERIA FOR USE PERMIT.In addition to the provision of
Chapter 20.46 of this Code,in granting a Use Permit under this
Section,the Planning Commission,or City Council,if the matter
is to be determined by the City Council shall find that:
(1)The proposed office building is in keeping with the
desired character of the specific plan area as identified
by the General Plan;
(2)The proposed building is consistent with the General
Plan policies;and
(3)The proposed use will not preclude the attainment of
the Specific Area Plan objectives stated in the Land
Use Element of the General Plan.(Ord.1640 §2,1975)
Page 36.
HEIGHT LIMITS
Chapter 20.09
H E I G H T
Chapter 20.09
HEIGHT LIMITS
Sections:
20.09.010
20.09.020
20.09.030
20.09.035
20.09.040
20.09.050
20.09.060
20.09.070
20.09.080
Intent and Purpose.
Effect of Chapter.
Height Limitation Zones.
Planned Community Districts.
Planning Commission or City Council Review.
Existing Structures and Permits.
Structural Appurtenances.
Fences,Walls,Plantings.
Church Exception.
20.09.010 INTENT AND PURPOSE.The intent and purpose
of this Chapter is to establish regulations on the height of
buildings throughout the City in order to ensure that the
unique character and scale of Newport Beach is preserved
during that time when the General Plan is being developed.
This Chapter creates five (5)height limitation zones which
govern building height but allow design flexibility with City
review.
These regulations shall be reviewed and revised as necessary
following the adoption of the General Plan.(Ord.1454 §4
(part),1972).
20.09.020
Title shall be
(Ord.1454 §4
EFFECT OF CHAPTER.All Sections of this
subject to the provisions of this Chapter.
(part),1972).
20.09.030 HEIGHT LIMITATION ZONES.In addition to
the development standards established in the various districts,
there shall be five (5)height limitation zones within the
City.The designations,locations,and boundaries of these
height limitation zones shall be as shown on the "Official
Height Limitation Zones Map",incorporated herein and made a
part hereof by this reference.In each height limitation zone
the maximum permitted height shall be measured in accordance
with the definitions contained in Chapter 20.02.
A.24/28 FOOT HEIGHT LIMITATION ZONE.In the 24/28 Foot
Height Limitation Zone the height limit for any structure
Page 37.
HE IGHT LIMITS
Chapter 20.09
shall be 24 feet;provided,however,that a structure may
exceed 24 feet up to a maximum of 28 feet after the adoption
of a Planned Community District,or after the adoption of a
Specific Area Plan,or after the approval of a Use Permit.
This height limitation zone shall apply to all R-A,R-l,
R-1.5,R-2,and OS Districts.
B.28/32 FOOT HEIGHT LIMITATION ZONE.In the 28/32 Foot
Height Limitation Zone the maximum height limit shall be
28 feet;provided,however,that structures may exceed 28
feet up to a maximum of 32 feet in an adopted Planned Com-
munity District,or after the adoption of a Specific Area
Plan,or after the approval of a Use Permit.This height
limitation zone shall apply to all R-3 and R-4 Districts.
C.26/35 FOOT HEIGHT LIMITATION ZONE.In the 26/35 Foot
Height Limitation Zone the height limit shall be 26 feet;
provided,however,that a structure may exceed 26 feet up
to a maximum of 35 feet after the adoption of a Planned
Community District,or after the adoption of a Specific
Area Plan,or after the approval of a Use Permit.This
height limitation zone shall apply to all Zone Districts,
other than R-A,R-l,R-l.5,R-2,R-3 and R-4,within the
area known as the Shoreline Height Limitation Zone,more
particularly described as follows:
Beginning at the intersection of the westerly city boundary
of Newport Beach and the centerline of West Coast Highway
as established per Annexation No.66 of the City of Newport
Beach;thence northerly,easterly and southerly along the
city boundary of Newport Beach to the northerly line of
Annexation No.25 of said city being the northerly line of
West Coast Highway;thence easterly along said northerly
line of West Coast Highway to the westerly line of Annexa-
tion No.55;thence northerly along said westerly line to a
line parallel with and 250'northerly (measured at right angles)
from the centerline of West Coast Highway;thence easterly
along said parallel line to an intersection with the south-
westerly prolongation of the centerline of Santa Ana Avenue;
thence northeasterly along said prolongation and along the
centerline of Santa Ana Avenue to the centerline of Avon
Street;thence easterly along the centerline of Avon Street
to the centerline of Riverside Avenue;thence southwesterly
along the centerline of Riverside Avenue to the centerline
of Avon Street;thence easterly along the centerline of Avon
Street and along a line parallel with and 375'northerly
(measured at right angle)from the centerline of West Coast
Highway to an intersection with the northwesterly boundary
1 ine of Tract No.1221;thence southwesterly,southerly and
easterly along said boundary line and easterly along the
northerly boundary line of Tract No.1210 to the centerline
of Dover Drive;thence northerly along the centerline of
Dover Drive to the westerly prolongation of the northerly
line of Lot 1,Tract No.1125;thence easterly along said
prolongation and along said northerly line to the northwest-
erly line of Upper Newport Bay as established per Superior
Page 38.
HEIGHT LIMITS
Chapter 20.09
Court Case No.20436;thence northerly and easterly along
said line of Upper Newport Bay to Sta.65 per Superior Court
Case No.20436;thence easterly to a natural contour line
having an elevation of 25.00 ft.above Mean Sea Level;
thence easterly along said contour line to Jamboree Road;
thence southerly along Jamboree Road to Eastbluff Drive;
thence southwesterly along Eastbluff Drive to Backbay Drive
as described in the deed recorded in Book 6901,page 207
of Official Records of Orange County;thence westerly along
said Backbay Drive;thence westerly and southerly along Back-
bay Drive as described in the deed recorded in Book 1037,
page 269 of Official Records of Orange County to the north-
westerly prolongation of the northerly line of Tract No.
6230;thence easterly along the northerly line of said Tract
to the most easterly corner of Lot 83 of said Tract;thence
southwesterly along the southeasterly line of said Lot 83
to the centerline of Vista Del Playa;thence southerly
along Vista Del Playa to the centerline of Vista Del Oro;
thence in a southerly direction along the centerline of
Vista Del Oro to the westerly boundary of Tract No.5877;
thence southerly and easterly along the boundary of said
Tract 5877 and easterly along the southerly boundary of Tract
No.5425 to Jamboree Road;thence southerly along Jamboree
Road to the northerly line of Tract No.6947;thence westerly
along said northerly line and its westerly prolongation to
the last said Backbay Drive;thence southerly along Backbay
Drive to the northerly line of Parcel 2 per map recorded
in Book 17,page 3 of Parcel Maps;thence easterly along
said northerly line of Parcel 2 to the northwesterly line
of Jamboree Road;thence southwesterly along said north-
westerly line of Jamboree Road to the centerline of Backbay
Drive;thence northwesterly along said centerline to a line
parallel with and 100.00'northwesterly (measured at right
angles)from the northwesterly line of Jamboree Road;thence
southwesterly 700.00'along said parallel line;thence
westerly in a direct line to a point on a line 150.00 feet
south of Sta.19 as established per Superior Court Case
No.20436,said line being parallel with the centerline
of East Coast Highway;thence westerly along said parallel
line to a natural contour line having an elevation of 25
feet above Mean Sea Level;thence westerly and southerly
along said contour line having an elevation of 25.00 feet
above Mean Sea Level to the centerline of East Coast Highway;
thence continuing southerly and easterly along said contour
line to the centerline of Jamboree Road;thence southerly
and easterly along the centerline of Jamboree Road to the
centerline of Bayside Drive;thence southeasterly along the
centerline of Bayside Drive to the centerline of Bayside
Place;thence southwesterly along the centerline of Bayside
Place to a natural contour line having an elevation of 25.00
feet above Mean Sea Level;thence southerly and easterly along
said contour line to the southerly boundary line of Tract No.
1116;thence southerly along said boundary line of Tract No.
Page 39.
HEIGHT LIMITS
Chapter 20.09
1116 and along the southerly boundary line of Tract No.3357
to the easterly city boundary of Newport Beach,as established
per Annexation No.68;thence southwesterly,westerly and
northeasterly along the city boundary of Newport Beach to
the Point of Beginning.
D.32/50 FOOT HEIGHT LIMITATION ZONE.In the 32/50 Foot
Height Limitation Zone the height limit for any structure
shall be 32 feet;provided,however,that a structure may
exceed 32 feet up to a maximum of 50 feet after the adoption
of a Planned Community District,or after the adoption of a
Specific Area Plan,or after the approval of a Use Permit.
This height limitation zone shall apply to all Zone Districts
other than R-A,R-l,R-1.5,R-2, R-3 and R-4 which have
boundaries not falling within the area above described as the
Shoreline Height Limitation Zone,or within the High-Rise
Height Limitation Zone.
E.HIGH RISE HEIGHT LIMITATION ZONE.In the High Rise Height
Limitation Zone the height limit for any structure shall not
exceed 375 feet.(Ord.1493 §1,1973:Prior Ord.1454 §4,
1972) .
20.09.035 PLANNED COMMUNITY DISTRICTS.In each
Planned Community District established subsequent to the
adoption of Chapter 20.09,the height limits shall be established
as part of the Planned Community Development Plan;provided,
however,that in no event shall the development exceed the
height limits permitted in the height limitation zones as set
forth under Section 20.09.030 and as designated below:
A.24/28 FOOT HEIGHT LIMITATION ZONE.
1.Upper Newport Bay Planned Community as established
by Ordinance No.1537 adopted December 17,1973
(Amendment No.409).(Ord.1554 §1,1974).
20.09.040 PLANNING COMMISSION OR CITY COUNCIL REVIEW.
The Planning Commission or City Council in approving any
Planned Community District,any Specific Area Plan,or in
granting any Use Permit for structures in excess of the basic
height limit in any zone shall find that each of the following
four points have been complied with:
1.The increased building height would result in more
public visual open space and views than is required
by the basic height limit in any zone.Particular
attention shall be given to the location of the struc-
ture on the lot,the percentage of ground cover,and
the treatment of all setback and open areas.
2. The increased building height would result in a more
desirable architectural treatment of the building and
a stronger and more appealing visual character of the
area than is required by the basic height limit in
any zone.
Page 40.
HEIGHT LIMITS
Chapter 20.09
3. The increased building height would not result in
undesirable or abrupt scale relationships being
created between the structure and existing develop-
ments or public spaces.Particular attention shall
be given to the total bulk of the structure includ-
ing both horizontal and vertical dimensions.
4. The structure shall have no more floor area than
could have been achieved without the Use Permit.
(Ord.1454 §4 (part),1972).
20.09.050 EXISTING STRUCTURES AND PERMITS.
(a)Structures which were in existence or under construction
on the effective date of this ordinance,and which do not
conform to these regulations may be continued or altered;
provided,that the changes do not result in a greater non~
conformity than was existing.
(b)Structures for which building permits have been issued
or for which use permits have been issued,on the effective
date of this ordinance,and which do not conform to these
regulations,may be constructed according to the approved
plan s •
(c)Proposed structures within a Planned Community District
adopted prior to the effective ~ate of this ordinance may be
constructed in accordance with the height limits contained
within the Planned Community Text;provided,however,that
a Use Permit shall be required for any structure which exceeds
the height limits established by this Chapter.
(d)The use permit application fee shall be waived for any
single family home in the R-l District which is replacing a
structure which was in existence on the effective date of
this Chapter.(Ord.1454 §4 (part),1972).
20.09.060 STRUCTURAL APPURTENANCES.Chimneys,flag
poles,and vents shall be permitted in excess of height limits,
subject to the approval of the Planning Commission.(Ord.1454
§4 (part),1972).
20.09.070 FENCES,WALLS,PLANTINGS.No fence,wall,
hedge or screen planting of any kind shall hereafter be con-
structed or grown to exceed six feet in height within any
required side yard to the rear of the front line of any main
building or in any required rear yard nor to exceed three
feet in height in any required side yard between the front
property line and the required front setback line or in any
required front yard or within fifteen (15)feet of the corner
of any intersecting street rights of way;provided,however,
that in cases where there is a difference of six (6)feet or
more in elevation between the building sites of abutting lots,
no fence,wall,hedge or screen planting shall hereafter be
constructed or grown in any yard area of the lower lot adjacent
to the lot line of the higher lot to a height in excess of
Page 41.
HEIGHT LIMITS
Chapter 20.09
three feet above the elevation of the building site of the
higher lot.Where lots or building sites are laid out or
planned to border a street and overlook a waterway,beach or
bluff,fences,when required as a protective device for a
swimming pool or when needed to protect against a hazardous
or unsafe condition existing because of topography,may be
permitted in excess of three (3)feet,but not to exceed five
(5)feet,in those front yards specified in Section 20.08.160
subject to first securing a use permit in each case.
The Planning Commission may by resolution,adopt such general
standards or conditions for its guidance as it deems necessary
to insure to the adjacent property owners the full use of their
land.(Ord.1454 §4 (part),1972).
20.09.080 CHURCH EXCEPTION.Church structures used
for church purposes shall be exempt from the restrictions of
this Chapter,except that any such structure exceeding 35
feet in height shall require a use permit.(Ord.1454 §4
(part),1972).
Sections:
R - A DIS T RIC T--------
Chapter 20.10
R-A DISTRICT
Page 42.
R-A DISTRICT
Chapter 20.10
20.10.010
20.10.020
20.10.025
20.10.030
20.10.040
20.10.050
20.10.060
20.10.070
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height Limit.
Site Area and Lot Width
Site Area Coverage.
Yards.
Accessory Building Location.
20.10.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in all R-A Districts,subject to the pro-
visions of Chapter 20.08.(Ord.635,1950:1949 Code §9103).
20.10.020 USES PERMITTED.The following uses shall
be permitted in the R-A District:
(a)Single family dwellings.
(b)Light farming,except commercial dairies,commercial
kennels,commercial rabbit,fox,goat or hog farms,
or commercial poultry ranches.
(c)Accessory uses normally incidental to a single
family dwelling or light farming.This is not to
be construed as permitting any commercial use.
(d)One name or identification sign not exceeding 2
square feet in area and pertaining only to the
property,or the owner or occupant thereof,upon
wh1~h the sign is located.
(e)One unlighted sign,not exceeding 2 square feet
in area,to advertise the lease,rental or sale
of the property upon which it is located.Such
sign may show only the name,address and telephone
number of the owner,but shall not show the name,
address,telephone number,or any other descrip-
tion or identification of any person,firm or
corporation other than the owner of said property.
Page 43.
R-A DISTRICT
Chapter 20.10
(f)In lieu of the sign mentioned in subsection (e)
above,one open house sign not exceeding 2 square
feet in area,which invites the general publ i c to
inspect the premises for lease,rent or sale,shall
be permitted to be displayed,providing that at
the time said property is open for inspection and
the open house sign is displayed,the owner,his
tenant,or his agent is in attendance and present
on said property to display any such house or
building thereon.Said open house sign shall only
be displayed on or from the property being leased,
rented or sold and shall not show the name,address,
telephone number,or any other description or identi-
fication of any person,firm or corporation other
than the owner of such property.(Ord.1172 §1;
August 8,1966:prior 1949 Code §9103.01 added by
Ord.635;December 12,1950 and amended by 1158
§1;May 9,1966).
20.10.025 USES REQUIRING USE PERMIT.The follow~ng
uses shall be permitted,subject to the securing of a use
permit:
(a)Commercial nurseries.(Ord.1509 §1;1973)
20.10.030 BUILDING HEIGHT LIMIT.The building
height limit shall be as specified in Chapter 20.09.
(Ord.1454 §5;September 11,1972:prior 1949 Code §9103.2
added by Ord.635;December 12,1950).
20.10.040 SITE AREA AND LOT WIDTH.There shall be
a minimum building site area of 6,000 square feet and a
minimum lot width of 60 feet.In no case shall there be
more than one single family dwelling on anyone building
site.(1949 Code §9103.03 added by Ord.635;December 12,
1950).
20.10.050 SITE AREA COVERAGE.For aggregate building
coverage there shall be a maximum coverage of forty percent
(40%)of building site area.(1949 Code §9103.04 added by
Ord.635;December 12,1950).
20.10.060 YARDS.A.FRONT YARDS.The minimum
width required for front yards shall be 20 feet,except as
may be otherwise indicated on the Districting Maps.
B.SIDE YARDS.Each side yard shall be ten percent (10%)
of the lot width,with a minimum of 3 feet and a maximum of
6 feet;provided,that the side yard on the rear one-half
of the street side of a corner lot,where there is reversed
frontage,shall not be less than the front yard required or
existent on the adjacent reversed frontage.
Page 44.
R-A DISTRICT
Chapter 20.10
C.REAR YARDS.Each yard shall be 20 percent of the lot depth,
with a minimum of 15 feet and a maximum of 25 feet.(1949 Code
§9103.05 (a,b,c)added by Ord.635;December 12,1950).
20.10.070 ACCESSORY BUILDING LOCATION.Accessory
buildings used for the keeping of chickens or other poultry
or rabbits or other animals shall be not less than 60 feet
from the front property line nor less than 20 feet from any
side or rear property line.(1949 Code §9103.03(d)added
by Ord.635;December 12,195D).
Sections:
R -1 DIS T RIC T
----~--.-
Chapter 20.12
R-l DISTRICT
Page 45.
R-l DISTRICT
Chapter 20.12
20.12.010
20.12.020
20.12.030
20.12.040
20.12.050
20.12.060
Effect of Chapter.
Uses Permi tted ..
Building Height and Floor Area Limit.
Site Area and Lot Width.
Site Area Coverage.
Yards.
20.12.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in all R-l Districts,subject to the pro-
visions of Chapters 20.07 and 20.08.(Ord.1540 §2,1974:
prior 1949 Code §9103.1 added by Ord.635,1950).
20.12.020 USES PERMITTED.The following uses shall
be permitted in the R-l District:
(a)Single family dwellings.
(b)One Accessory building if constructed simultaneously
with or subsequent to the main building and located
on the same lot or building site.
(c)Accessory uses normally incidental to single family
dwellings.This is not to be construed as permitting
commerci al uses.
(d)One name or identification sign not exceeding 2 square
feet in area and pertaining only to the property,or
the owner or occupant thereof,upon which the sign is
located.
(e)One unlighted sign,not exceeding 2 square feet in
area,to advertise the lease,rental or sale of the
property upon which it is located.Such sign may
show only the name,address and telephone number of
the owner,but shall not show the name,address,
telephone number,or any other description or
identification of any person,firm or corporation
other than the owner of said property.
Page 46.
R-l DISTRICT
Chapter 20.12
(f)In lieu of the sign mentioned in subsection (e)
above,one open house sign,not exceeding 2 square
feet in area,which invites the general public to
inspect the premises for lease,rent or sale,
shall be permitted to be displayed,provided that
at the time said property is open for inspection and
the open house sign is displayed,the owner,his
tenant,or his agent is in attendance and present
on said property to display any such house or build-
ing thereon.Said open house sign shall only be
displayed on or from the property being leased,
rented or sold and shall not show the name,address,
telephone number,or any other description or ident-
ification of any person,firm or corporation other
than the owner of such property.(Ord.1172 §2,
August 8,1966:prior 1949 Code §9103.11 added
by Ord.635;December 12,1950 as amended by Ord.
845;April 14,1958 and by Ord. 1158 §2;May 9,
1966).
20.12.030 BUILDING HEIGHT AND FLOOR AREA LIMIT.The
total gross floor area,including basements,garages and car-
ports,contained in all buildings on a building site in an
R-l District shall not exceed two times the buildable area
of the site.No more than two livable stories shall be
included within a structure.Fot dwellings,the building
height limit shall be as specified in Chapter 20.09.For
accessory buildings,the building height limit shall be 15
feet.(Ord.1454 §6,September 11,1972:prior 1949 Code
9103.12 added by Ord.635;December 12,1960).
20.12.040 SITE AREA AND LOT WIDTH.For each dwelling,
there shall be a minimum of 5,000 square feet of area and a
minimum width of 50 feet on interior lots,a minimum of 6,000
square feet of area and minimum width of 60 feet on corner
lots.In no case shall there be more than one single family
dwelling on anyone building site.(1949 Code §9103.13
added by Ord.635;December 12,1950 as amended by Ord.901;
December 28,1959).
20.12.050 SITE AREA COVERAGE.The maximum building
site area permitted in the R-l District shall be full coverage,
less required front,side and rear yards.(1949 §9103.14
added by Ord.635;December 12,1950).
20.12.060 YARDS.A.FRONT YARDS.The minimum
width required for front yards shall be 20 feet and a maximum
permitted shall be 35 feet,except as may be otherwise indicated
on the Districting Maps.Distances shown on the Districting
Maps are to be measured from front property line.
Page 1.17.
R-l DISTRICT
Chapter 20.12
B.SIDE YARDS.Each side yard shall be not less than 3 feet
wide on building sites 40 feet wide or less,or 4 feet on
lots wider than 40 feet;provided,that the side yard on the
rear 20 feet of the street side of a corner lot,where there
is reversed frontage,shall not be less than the front yard
required or existing on the adjacent reversed frontage.
C.REAR YARDS.The minimum width required for rear yards
shall be 10 feet.(1949 Code §9103.15 added by Ord.635;
December 12,1950 as amended by Ord.845;April 14,1958).
Page 48.
R-l.5 DISTRICT
Chapter 20.13
R-l.5 DISTRICT-----------
Chapter 20.13
R-l.5 DISTRICT
Sections:
20.13.010
20.13.020
20.13.030
20.13.040
20.13.050
20.13.060
Effect and Purpose of Chapter.
Uses Permitted.
Building Height and Floor Area Limit.
Site Area and Dwelling Area.
Bui.ldable Area.
Yards.
20.13.010 EFFECT AND PURPOSE OF CHAPTER.The follow-
ing regulations shall apply in all R-l.5 Districts,subject to
the provisions of Chapter 20.08.The purpose of this chapter
is to allow single-family units or duplexes with the total
gross floor area of all buildings limited to a maximum of 1.5
times the buildable area.(Ord.1486 §1,January 22,1973:
Ord. 1451 §1 (part),July 24,1972).
20.13.020 USES PERMITTED.The following uses shall
be permitted in the R-l.5 District:
(a)One single-family dwelling.
(b)One duplex.
(c)Accessory uses normally incidental to single-family
dwell ings or dupl exes.Thi sis not to be construed
as permitting any commercial uses.
(d)One name or identification sign not exceeding two
square feet in area and pertaining only to the
property,or the owner or occupant thereof,upon
which the sign is located.
(e)One unlighted sign,not exceeding two square feet
in area,to advertise the lease,rental or sale
of the property upon which it is located.Such
sign may show only the name,address and telephone
number of the owner,but shall not show the name,
address,telephone number,or any other description
or identification of any person,firm or corpora-
tion other than the owner of said property.
Page 49.
R-l.5 DISTRICT
Chapter 20.13
(f)In lieu of the sign mentioned in subsection (e)
above,one open house sign not exceeding two
square feet in area,which invites the general
public to inspect the premises for lease,rent
or sale,shall be permitted to be displayed,
provided that at the time said property is open
for inspection and the open house sign is displayed,
the owner,his tenant,or his agent is in attendance
and present on said property to display any such
house or building thereon.Said open house sign
shall only be displayed on or from the property
being leased,rented or sold and shall not show
the name,address,telephone number,or any other
discription or identification of any person,firm
or corporation other than the owner of such property.
(Ord.1451 §1 (part),July 24,1972).
20.13.030 BUILDING HEIGHT AND FLOOR AREA LIMIT.
The total gross floor area,including basements,garages and
carports,contained in all buildings on a building site in an
R-l.5 District shall not exceed 1.5 times the buildable area
of the site.No more than two livable stories shall be included
within a structura.For dwellings,the building height limit
shall be specified in Chapter 20.09.For accessory buildings,
the building height shall be fifteen (15)feet.(Ord.1486 §2,
January 22,1973:Ord.1451 §1 (part),July 24,1972;amended
by Ord. 1454 §7,September 11,1972).
20.13.040 SITE AREA AND DWELLING AREA.Except as
provided by Section 20.08.140,the minimum building site area
shall be five thousand (5,000)square feet.On any b.uilding
site of less than five thousand (5,OOO)square feet which
existed prior to the adoption of this ordinance,a duplex may
be constructed prOVided that there shall be not less than one
thousand (1.000)square feet of land area for each family unit.
(Ord.1486 §3,January 22,1973:Ord.1451 §1 (part),July 24,
1972).
20.13.050 BUILDABLE AREA.The maximum building area
coverage permitted for aggregate buildings shall be full cover-
age,less required front,side and rear yards.The maximum
area of the building shall not exceed 1.5 times the buildable
area.(Ord.1486 §4,January 22,1973: Ord.1451 §1 (part),
July 24,1972).
20.13.060 YARDS.A.FRONT YARDS.The mlnlmum
width required for front yards shall be twenty feet,with
a maximum of thirty-five feet permitted,except as may other-
wise be indicated on the districting maps.Distances shown
on districting maps are to be measured from the front lot
line.
Page 50.
R-l.5 DISTRICT
Chapter 20.13
B.SIDE YARDS.Each side yard shall not be less than
three feet wide on building site forty feet wide or less,
or four feet on lots wider than forty feet,provided that
the side yard on the rear twenty feet of the street side
of a corner lot,where there is reversed frontage,shall
not be less than the front yard required or existing on the
adjacent reversed frontage.
C.REAR YARDS.For rear yards,there shall be a minimum
requirement of ten feet.
D.BETWEEN DETACHED BUILDINGS.There shall be a minimum
of ten feet between detached buildings.
(Ord.1451 §1 (part),July 24,1972).
Page 51.
R-2 DISTRICT
Chapter 20.14
R ~2
Chapter 20,14
R~2 DISTRICT
Sections!
20.14.010
20.14.020
20.14.030
20.14.040
20.14.050
20.14.060
Effect of Chapter,
Uses Permitted.
Building Height and Floor Area Limit.
Site Area and Lot Width.
Site Area Coverage.
Yards.
20.14.010 EFFECT OF CHAPTER.The following regula~
tions shall apply in all R-2 Districts,subject to the pro-
vIsions llfChapters 20.07 and 20.0B.(Ord.1540 s 3,1974:
prior 1949 Code §9103.2 added by Ord.635,1950).
20.14.020 USES PERMITTED.The following uses shall
be permitted in the R~2 Districts:
(a)Single family dwellings.
(bl Two detached single family dwellings or one duplex.
(cl Accessory uses normally incidental to single family
dwellings or duplexes.This is not to be construed
as permitting any commercial uses.
(dl One name or identification sign not exceeding 2
square feet in area and pertaining only to the
property,or the owner or occupant thereof,upon
which the sign is located.
(e)One unlighted sign,not exceeding 2 square feet in
area,to advertise the lease,rental or sale of the
property upon which it is located.Such sign may
show only the name,address and telephone number
of the owner,but shall not show the name,address,
telephone number,or any other description or
identification of any person,firm or corporation
other than the owner of said property.
Page 52.
R-2 DISTRICT
Chapter 20.14
(f)In lieu of the sign mentioned in subsection (el
above,one open house sign not exceeding 2 square
feet in area,which invites the general public to
inspect the premises for lease,rent or sale,
shall be permitted to be displayed,provided that
at the time said property is open for inspection
and the open house sign is displayed,the owner,
his tenant,or his agent is in attendance and pre-
sent on said property to display any such house or
building thereon.Said open house sign shall only
be displayed on or from the property being leased,
rented or sold and shall not show the name,address,
telephone number,or any other description or
identification of any person,firm or corporation
other than the owner of such property.lOrd.1172~3;August 8,1966:prior 1949 Code §9103.21
added by Ord.635;December 12,1950 as amended
by Ord.845;April 14,1958 and by Ord. 1158 §3;
May 9,1966).
20.14.030 BUILDING HEIGHT AND FLOOR AREA LIMIT.
The total gross floor area,including basements,garages
and carports,contained in all buildings on a building site
in an R-2 District shall not exceed two times the buildable
area of the site.No more than two livable stories shall be
included within a structure.For dwellings,the building
height limit shall be as specified in Chapter 20.09.For
accessory buildings,the building height shall be fifteen
(15)feet.(Ord.1454 §8,September 11,1972:prior 1949
Code §9103.22 added by Ord.635;December 12,1950).
20.14.040 SITE AREA AND LOT WIDTH.
A.TWO DWELLINGS OR DUPLEX.For each two dwellings or one
duplex there shall be a minimum area of 5,000 square feet
and a minimum width of 50 feet on interior lots,with a
minimum of 6,000 square feet and a minimum width of 60 feet
on corner lots.In no case shall there be more than two
single family dwellings or one duplex on anyone building site.
B.FAMILY UNIT IN ANY BUILDING.For each family unit in any
building,there shall be a minimum of 1,000 square feet of
land area.(1949 Code §9103.23 added by Ord.635;December
12,1950 as amended by Ord.901;December 28,1959).
20.14.050 SITE AREA COVERAGE.The maximum building
site coverage permitted for aggregate buildings shall be full
coverage,less required front,side,and rear yards.(1949
Code §9103.24 added by Ord.635;December 12,1950).
Page 53.
R-2 DISTRICT
Chapter 20.14
20.14.060 YARDS.A.FRONT YARDS.The maximum
width required for front yards shall be 20 feet,with a
maximum permitted of 35 feet,except as may be otherwise
indicated on the districting maps.Distances shown on
districting maps are to be measured from the front lot
line.
B.SIDE ¥.ARDS.Each side yard shall not be less than 3
feet wide on building site 40 feet wide or less,or 4 feet
on lots wider than 40 feet;provided,that the side yard
on the rear 20 feet of the street side of a corner lot,
where there is reversed frontage,shall not be less than
the front yard required or existing on the adjacent reversed
frontage.
C.REAR YARDS.For rear yards,there shall be minimum
requirement of 10 feet.
D.BETWEEN DETACHED BUILDINGS.Minimum 10 feet.(1949
Code §9103.25 added by Ord.635;December 12,1950,as
amended by Ord.845;April 14,1958).
Sections:
R - 3 Ql~IB.1.£I
Chapter 20.16
R-3 DISTRICT
Page 54.
R-3 DISTRICT
Chapter 20."16
20.16.010
20.16.020
20.16.030
20.16.040
20.16.050
20.16.060
20.16.070
20.16.080
20.16.090
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Accessory Uses.
Building Height and Floor Area Limit.
SHe Area.
Site Area Coverage.
Yards.
Automobile Storage or Parking Space.
20.16.010 EFFECT OF CHAPTER.The following regula-
tions shall_ClPply in all R-3 Districts,subject to the pro-
visions of Chapters 20.07 and 20.08 ..(Ord.1540 §4,1974:
prior 1949 Code §9103.3 added by Ord.635,1950).
20.16.020 USES PERMITTED.The following uses shall
be permitted in the R-3 Districts:
(a)Single family dwellings and duplexes.
(b)Multiple dwellings,apartment houses and dwelling
groups.
(c)Name or identification signs,each not exceeding
2 square feet in area and pertaining only to the
property or the owner or occupant thereof upon
which the sign is located.
(d)Unlighted signs,not over 2 square feet in area,
to advertise the lease,rental or sale of the
property upon which they are located.Such signs
may show only the name address and telephone number
of the owner,but shall not show the name,address,
telephone number,or any other description or
identification of any person,firm or corporation
other than the owner of said property.
Page 55.
R-3 DISTRICT
Chapter 20.16
(e)Open house signs,each not exceeding 2 square
feet in area,which invite the general public
to inspect the premises for lease,rent or
sale,shall be permitted to be displayed,providing
that at the time said property is open for inspec-
tion and the open house signs are displayed,the
owner,his tenant,or his agent is in attendance
and present on said property to display any such
house or building thereon.Said open house signs
shall only be displayed~on or from the property
being leased,rented or sold and shall not show
the name,address,telephone number,or any
other description or identification of any
person,firm or corporation other than the owner
of such property.(Ord.1172 §4,August 8,
1966:prior 1949 Code §9103.31 added by Ord.
635;December 12,1950 as amended by Ord.974;
October 30,1961 and by Ord. 1158 §4;May 9,
1966).
20.16.030 USES REQUIRING USE PERMIT.The following
uses shall be permitted,subject to the securing of a use
permit in each case:
(a)Community centers,social halls,lodges,clubs,
rest homes, and motels.
(b)Signs larger than six square feet and appurtenant
to any use.(1949 Code §9103.32 added by Ord.
635;December 12,1950 as amended by Ord.974;
October 30,1961).
20.16.040 ACCESSORY USES.Accessory uses and build-
ings normally incidental to any of the above shall be permit-
ted.This shall not be construed as permitting any commercial
uses or occupation other than those specifically listed.
(1949 Code §9103.33 added by Ord.635;December 12.1950).
20.16.050 BUILDING HEIGHT AND FLOOR AREA LIMIT.
The total gross floor area contained in all buildings on a
building site in an R-3 District shall not exceed three times
the buildable area of the site;provided,however',that floor
area devoted to parking within a building shall not be
considered in determining the total floor area allowed;
and provided.further,that in no event shall any building
exceed the height limit specified in Chapter 20.09.(Ord.
1454 §9.September 11.1972:prior 1949 Code §9103.34
added by Ord. 635; December 12,1950 as amended by Ord.
1115;December 25,1965).
Page 56.
R-3 DISTRICT
Chapter 20.16
20.16.060 SITE AREA.A.BUILDING OR GROUP OF
BUILDINGS.For each building or group of buildings,there
shall be a minimum of 5,000 square feet of area and a
minimum width of 50 feet on interior lots,with a minimum
of 6,000 square feet anda minimum width of 60 feet on
corner lots.
B.EACH FAMILY UNIT.For each family unit in any building
or group of buildings there shall be a minimum of twelve
hundred square feet of land area.(1949 Code §9103.35
added by Ord.635;December 12,1950 as amended by Ord.
901;December 28,19591.
20.16.070 SITE AREA COVERAGE.For aggregate
building coverage,the maximum site coverage permitted
shall be full coverage,less required front,side and rear
yards.(1949 Code §9103.36 added by Ord.635;December
12,1950).
20.16.080 YARDS.A.FRONT YARDS.The minimum
width required for front yards shall be 20 feet,and maxi-
mum permitted 35 feet,except as may be otherwise indicated
on the districting maps.Distances shown on Districting
maps are to be measured from front lot lines.
B.SIDE YARDS.Each side yard shall not be less than 3
feet wide on building sites 40 feet wide or less,or 4
feet on lots wider than 40 feet;provided,that the side
yard on the rear 20 feet of the street side of a corner
lot,where there is reversed frontage,shall not be less
than the front yard required or existing on the adjacent
reversed frontage.
C.REAR YARDS.The minimum width for rear yards sha 11 be
10 feet.
D.SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS.
l.Distance between buildings in any dwelling group
s hall be a minimum of 8 feet wide.
2.Side yards providing access to single row of dwelling
group shall be a minimum of 12 feet wide.
3.Inner courts providing access to double row dwelling
groups shall be a minimum of 20 feet wide.(1949
Code §9103.37 added by Ord.635;December 12,1950).
Page 57.
R-3 DISTRICT
Chapter 20.16
20.16.090 AUTOMOBILE STORAGE OR PARKING SPACE.
Accessible storage or space for the parking of automobiles
off the street shall be provided as set forth in Chapter
20.08.(1949 Code §9103.38 added by Ord.974;October
30,1961).
Page 58.
R-4 DISTRICT
Chapter 20.18
R ~4 DIS T RIC T.........."('-.""""''I':'"'',-.-.~......,---
Chapter 20.18
R-4 DISTRICT
Sections:
20.18.010
20.18.020
20.18.030
20.18.040
20.18.050
20.18.060
20.18.070
20.18.080
20.18.090
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Accessory Uses.
Building Height and Floor Area Limit.
Site Area.
Site Area Coverage.
Yards.
Automobile Storage or Parking Space.
20.18.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in all R-4Districts,be subject to the pro-
visions of Chapters 20.07 and 20.08.(Ord.1540 §5,1974:
prior 1949 Code §9103.4 added by Ord.635,1950).
20.18.020 USES PERMITTED.The following uses
shall be permitted in R-4 Districts:
(a)Single family dwellings and duplexes.
(b)Multiple dwellings,apartment houses and dwelling
groups.
(c)Hotels,motels and rooming or boarding houses.
(d)Community centers,social halls,lodges and clubs.
(e)Signs not over twelve square feet in area and
attached to the main building.(1949 Code §
9103.41 added by Ord.635;December 12,1950
as amended by Ord.974;October 30,1961).
20.18.030 USES REQUIRING USE PERMIT.The following
uses shall be permitted subject to first securing a use permit
in each case:
Page 59.
R-4 DISTRICT
Chapter 20.1,8
(a)Professional offices.
(b)Hotel and motel restaurants,~on-sale~liquor
establishments,and other appurtenant services
and retail shops designed primarily for the
convenience of the guests of hotels and motels
provided that all access shall be from a lobby,
patio or court yard,and further;provided,that
no advertising be visible from any street.
(c)Signs larger than twelve square feet and appurt-
enant to any use.(1949 Code §9103.42 added by
Ord.635;December 12,1950 as amended by Ord.
974;October 30,1961).
20.18.040 ACCESSORY USES.Accessory uses and
buildings normally incidental to any of the above shall
be permitted.This shall not be construed as permitting
any commercial use or occupation other than those specifically
permitted.(1949 Code §9103.43 added by Ord.635;as amended
by Ord.845;April 14,1958).
20.18.050 BUILDING HEIGHT AND FLOOR AREA LIMIT.
The total gross floor area contained in all buildings on
a building site in an R-4 District shall not exceed three
times the buildable area of the site;provided,however,
that floor area devoted to parking within a building shall
not be considered in determining the total floor area
allowed;and provided,further,that in no event shall any
building exceed the height limit specified in Chapter 20.09.
(Ord.1454 §10,September 11,1972:prior 1949 Code §9103.44
added by Ord.635;December 12,1950 as amended by Ord.974;
October 30,1961).
20.18.060
Site Area required
Districts.
SITE AREA.A.GENERAL.The Building
shall be the same as specified for R-3
B.FAMILY UNIT.For each family unit in any building or
group of buildings,the minimum lot area shall be 800 square
feet.
C.HOTEL OR MOTEL GUEST ROOM.For each guest room in any
hotel or motel,the minimum lot area shall be 300 square
feet (1949 Code §9103.45 added by Ord.635;December 12,
1950 as amended by Ord.974;October 30,1961).
20.19.070 SITE AREA COVERAGE.The Building Site
Coverage permitted;shall be the same as specified for R-3
Districts.(1949 Code §9103.46 added by Ord.635;December
12,1950).
Page 60.
R-4 DISTRICT
Chapter 20.1~
20.18.080 YARDS.A.FRONT,REAR AND SPECIAL YARDS.
The front,rear and special yard requirements shall be the
same as specified for R-3 Districts.
B.SIDE YARDS.For main buildings three stories or less in
height,a side yard on each side of the building equal in
width to eight percent of the average width of the lot shall
be provided.Beginning with the fourth story of main build-
ings over three stories in height,the width of each of the
required side yard shall be increased a distance equal to
two percent (2%)of the average width of the lot for each
story in excess of three.In no event,however,shall a
side yard of more than 25 feet be required.(1949 Code I
9103.47 added by Ord.635;December 12,1950 as amended by
Ord.974;October 30,1961).
20.18.090 AUTOMOBILE STORAGE OR PARKING SPACE.
Accessible storage or space for parking of automobiles off
the street shall be provided as set forth in Chapter 20.08
and Chapter 20.38.(1949 Code §9103.471 added by Ord.635;
December 12,1950 as amended by Ord.974;October 30,1961).
Sections:
A - P Ql~lE.lfl
Chapter 20.19
A-P DISTRICT
Page 61.
A-P DISTRICT
Chapter 20.19
20.19 ..010
20.19.020
20 •.19.030
20.19.040
20.19.050
20.19.060
20 ..19.070
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height and Floor Area Limit.
Site Area.
Yards.
Automobile Storage or Parking Space.
20.19.010 EFFECT OF CHAPTER.The following regula-
tions apply in all A-P Districts and shall be subject to the
provisions of Chapter 20.08.(Ord.1170 §5 (part);July 25,
1966).
20.19.020 USES PERMITTED.The following uses shall
be permitted in A-P Districts.
(a)Professional offices,business offices,banks,
conservatories of art and music,art studios,
art galleries,community centers,social halls,
lodges and clubs,medical centers,physical,medical
and diagnostic laboratories,photography studios,
pharmacies for dispensing of drugs and medical
supplies only,and other uses which in the opinion
of the Planning Commission are of a similar nature.
(b)One non-flashing sign appurtenant to any use and
not over 35 square feet in area for each side (if
two sides are used).(Ord.1170 §5 (part);July
25,1966).
20.19.030 USES REQUIRING USE PERMIT.The following
uses shall be permitted subject to first securing a Use Permtt
in each case:Dance studios,restaurants,outdoor restaurants)
retail sales and interior decorating studios.(Ord.1505 §3,
1973:Ord.1170 §5 (part);1966).
Page 62.
A-P DISTRICT
Chapter 20.19
20,19.040 BUILDING HEIGHT AND FLOOR AREA LIMIT.
The total gross floor area contained in all buildings on a
building site in an A-P District shall not exceed two times
the buildable area of said site;provided,however,that floor
area devoted to parking within a building shall not be
considered in determining the total floor area allowed;and
provided,further,that in no event shall any building exceed
the height limit specified in Chapter 20.09.(Ord.1454 §
11,September 11,1972:prior Ord. 1170 §5 (part);July 25,
1960).
20.19.050 SITE AREA.The building site area
required shall be a minimum of 2,000 square feet.The
minimum building site frontage required shall be 25 feet.
(Ord.1170 §5 (part);July 25,1966).
20.19.060 YARDS.A.FRONT YARDS.The mintmum
width required for front yards shall be 15 feet;provided,
however,that where the frontage in a bloCK is partially
in an R District the front yard shall be not less than that
required in such R District.
B.REAR YARDS.No rear yards shall be required,except
where the rear of a lot abuts on an R District,in which case
the rear yard shall be not less than 5 feet.
Rear yards abutting on alleys shall have a minimum width of
10 feet.(Ord.1170 §5 (part);July 25,1966).
20~19.070 AUTOMOBILE STORAGE OR PARKING SPACE.
When an A-P District is combined with an "-H"or "-Z"
District,accessible storage or space for the parking
automobiles off the street shall be provided as set forth
in Chapters 20.38 and 20.40.(Ord.1170 §5 (part);July
25,1966).
Page 63.
C-N DISTRICT
Chapter 20.20
Chapter 20.20
C-N DISTRICT
Sections:
20,20,010
20.20,020
20.20.030
20.20.040
20.20,050
20.20.060
20.20.070
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit
Building Height and Floor Area Limit.
Site Area.
Yards.
Automobile Storage or Parking Space.
20.20.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in all C-N Districts,subject to the pro-
visions of Chapter 20.08.COrd.845 (part),1958:1949 Code
§9103.480).
20.20.020 USES PERMITTED.The following uses shall
be permitted in C-N Districts:
(a)Professional offices,community centers,social
halls,lodges and clubs.
(b)Retail stores and personal service establishments
within a building,including appliance stores,
bakeries (not wholesale),banks,barber shops,
beauty parlors,book stores,department stores,
drug stores,food shops.hardware stores,nurseries,
offices,radio stores,-antique shops,shoe shops,
studios,tailor shops,and other uses which in the
opinion of the Planning Commission are of a similar
nature.
(e)One non-flashing sign appurtenant to any permitted
use and not over 35 square feet in area for each
side (if two sides are used).COrd.1016 (part),
1962:Ord. 845 (part),1958:1949 Code §9103.481:
Ord. 1623 §4,1975).
Page 64.
C-N DISTRICT
Chapter 20.20
20.20.030 USES REQUIRING USE PERMIT.The following
uses shall be permitted subject to the securing of a Use Permit
in each case:gasoline service stations,drive-in facilities,
restaurants,outdoor restaurants,non-flashing signs in'excess
of 35 square feet in area,non-flashing signs not appurtenant
to any permitted use.(Ord.1505 §4,1973:Ord. 1380 §2,
1971:Or-d , 1193 §1,1966:Ord. 1016 (part),1962:1949 Code
§9103.481.1:,Ord.1623 §5,1975).
20.20.040 BUILDING HEIGHT AND FLOOR AREA LIMIT.
The total gross floor area contained in all buildings on a
building site in a C-N District shall not exceed two times
the buildable area of said site;provided,however,that floor
area devoted to parking within a building shall not be con-
sidered in determining the total floor area allowed;and
provided,further,that in no event shall any building exceed
the height specified in Chapter 20.09.(Ord.1454 §12,1972:
prior Ord. 974 (part),1961:Ord, 845 (part),1958:1949 Code
§9103.482).
20.20.050 SITE AREA.The building site area required
shall be a mlnlmum of 2,000 square feet.Minimum building site
frontage required shall be 25 feet.(Ord.974 (part),1961:
Ord. 845 (part),1958:1949 Code §9103.483).
20.20.060 YARDS.Front yards shall have a minimum
width of 15 feet;provided,however,that where the frontage
in a block is partially in an R District,the front yard .
shall be not less than that required in such R District.
(Ord.974 (part),1961:Ord, 845 (part),1958:1949 Code
§9103.484).
20.20.070 AUTOMOBILE STORAGE AND PARKING SPACE.
When a C-N District is combined with an "-H"or "-Z"District,
accessible storage or space fOr the parking of automobiles
off the street shall be provided as set forth in Chapter
20.38 and Chapter 20.40.(Ord.974 (part),1961:1949 Code
§9103.485).
Page 64~1.
C~R D!STRICT
Chapter 20.21
Chapter 20.21
COMMERCIAL-RESIDENTIAL DISTRICT
Sections:
20.21.010
20.21.020
20.21.030
20.21.040
20.21.050
Intent and Purpose.
Effect of Chapter.
Permitted Uses.
Uses Subject to Use Permit.
Development Standards.
20.21.010 INTENT AND PURPOSE.The purpose of these
regulations is to provide for a mixture of commercial and
residential uses and to establish proper development standards
to ensure the harmonious mixture of such uses.
The intent of the District is to allow residential uses in
conjunction with commercial uses within a single development.
It is not the intent of this District to allow uses which are
purely residential in nature.(Ord.1529 §1 (part),1973).
20.21.020
shall appl y in
Chapter 20.08.
EFFECT OF CHAPTER.The following regulations
all C-R Districts,subject to the provisions of
(Ord.1529 §1 (part),1973).
20.21.030 PERMITTED USES.In the C-R District the
following uses shall be permitted:
A.Commercial uses limited to retail or personal service
establishments,handicraft establishments,professional
offices and other uses which,in the opinion of the
Planning Commission,are of a similar nature.
B.Residential uses only in conjunction with permitted
commerci al uses.
C.Signs.
1.Commerci al Uses:For commerci al uses,si gns
appurtenant to any use shall be permitted,provided
that the total square footage of signs on any
structure shall not exceed one (1)square foot for
each lineal foot of building frontage.
Page 64-2.
C-R DISTRICT
Chapter 20.21
2.Residential Uses:For residential uses,the
following signs shall be permitted:
(a)One unlighted sign,not exceeding two (2~
square feet in area,to advertise the lease,
rental or sale of the property upon which
it is located.Such sign may show only the
name,address and telephone number of the
owner,but shall not show the name,address,
telephone number,or any other description
or identification of any person,firm or
corporation other than the owner of said
property.(Ord.1556 §1,1974:Ord. 1529
§1 (part),1973).
20.21.040 USES SUBJECT TO USE PERMIT.
uses shall be permitted subject to the securing
in each case:Restaurants,outdoor restaurants
sales.(Ord.1529 §1 (part),1973).
The following
of a use permit
and outdoor
20.21.050 DEVELOPMENT STANDARDS.A.Density.
1.The total gross floor area exclusive of parking area
in all structures on any site shall be limited to 1.5
times the buildable area.
2. Mixed development.The commercial portion shall be
limited to a Floor Area Ratio of 1.0,and the residen-
tial development shall be limited to one residential
unit for each 2000 square feet of lot area.
B.Location of Commercial Portion.In mixed development,the
commercial shall be limited to the ground floor.
C.Height.The height shall be as specified~in the 26/35 Foot
Height Limitation Zone.
D.Yards.
1.Front Yard.No front yard shall be required for the
commercial portion of any structure.A ten-foot front
yard setback shall be required for the residential
portion of any structure.
2.Side Yard.No side yard shall be required.
3. Rear Yard.A rear yard of ten feet shall be required.
E.Parking.Parking shall be subject to the provisions of
Chapter 20.08 of the Newport Beach Municipal Code.
(Ord.1529 §1 (part),1973).
Page 65.
C-O DISTRICT
Chapter 20.22
Chapter 20.22
C~O DISTRICT
Sections I
20.22.010
20.22.020
20.22.030
20.22.040
20.22.050
20.22.060
20.22.070
Effect of Chapter.
Use Perm i t t ed,
Uses Requiring Use Permit.
auilding Height and Floor Area Limit.
SHe Area.
Yards.
Automobile Storage or Parking Space.
(c)
20.22.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in all C~O Districts,subject to the pro-
visions of Chapter 20.08.(Ord.913 (part),1960: 1949 Code
§9103.490).
20.22.020 USE PERMITTED.The following uses shall
be permitted in C~O Districts:
(a)Multiple dwellings or apartment houses,hotels,
motels,professional offices,and clubs.
(b)Retail sales,and wholesale sales when combined
with retail sales of a similar nature;storage
therefor shall be within a building,except for
boats.
Signs appurtenant to any permitted use.(Ord.913
(part),1960: 1949 Code §9103.491:Ord. 1623 §6,1975).
20.22.030 USES REQUIRING USE PERMIT.The following
uses shall be permitted subject to securing of a Use Permit
in each case:
(a)Light manufacturing,including repair of boats,
and other uses which in the opinion of the Planning
Commission are of a similar nature.
(b)Gasoline service stations.
Page 66.
C-O DISTRICT
Chapter 20.22
Restaurants and outdoor restaurants.
Drive-in facilities.(c)
(d)
(e)Signs.other than those appurtenant to any permitted
use.(Ord.1505 ~5.1973:Ord. 1380 §3,1971:Ord.
1016 (part),1962:Ord. 913 (part),1960:1949 Code
§9103.492:0rcL.1623 §7,1975).
20.22.040 BUILDING HEIGHT AND FLOOR AREA LIMIT.
The total gross floor area contained in all buildings on a
building site in the C-O District shall not exceed three
times the buildable area of the site;provided,however,
that floor area devoted to parking within a building shall
not be considered in determining the total floor area allowed;
and provided,further,that in no event shall any building
exceed the height ~imit'specified in Chipter.20.09.(Ord.
1454 §13,September 11,1972:prior Ord. 974 (part),1961:
Ord. 913 (part),1960:1949 Code §9103.493).
20.22.050 SITE AREA.A.GENERAL.The Building Site
Area required shall be a minimum of 2,000 square feet.Mini-
mum building site frontage shall be 25 feet.
B.EACH FAMILY UNIT.For each family unit in any building
or group of buildings,the minimum lot area shall be 800
square feet.
C.HOTEL OR MOTEL GUEST ROOM.For each guest room in any
hotel or motel,the minimum lot area shall be 300 square
feet.(Ord.974 (part),1961:Ord. 913 (part),1960:1949.
Code §9103.494).
20.22.060 YARDS.A.FRONT YARDS,Except as may be
indicated on the Districting Maps, no front yards shall be
required;provided,however,that where the frontage in a
block is partially in an R District,the front yard shall
be the same as required in such R District.
B.SIDE YARDS.For buildings in excess of three stories
in height,which are designed exclusively for uses other than
residential,there shall be a side yard on each side of.the
building,beginning with the fourth story,of not less than
five feet.The side yards shall be increased in width a
distance equal to two percent of the average width of lot
for each story in excess of four.In no event,however,
shall a side yard of more than 25 feet be required.
For buildings designed to be used in whole or in part for
residential purposes,there shall be a side yard on each
side of the building,beginning with the first story used
in whole or in part for residential purposes,of not less
Page 67.
C-O DISTRICT
Chapter 20.22
than five feet,increasing in width thereafter a dtstance
equal to two percent of the average width of the lot for
each story above the first story used for residential pur-
poses.In no event,however,shall a side yard of more
than 25 feet be required.
Where the side of a lot abuts the side line of a lot in an
R District,the aforementioned requirements shall apply
for the side yard abutting the R District at the ground level
for all buildings.
C.REAR YARDS.No rear yards shall be required,except
where the rear of a lot abuts on an R District,in which case
the rear yard shall be not less than five feet.
Rear yards abutting on alleys shall have a minimum width of
ten feet.(Ord.1052 (part),1963: Ord. 913 (part),1960:
1949 Code §9103.495).
20.22.070 AUTOMOBILE STORAGE OR PARKING SPACE.
When a C-O District is combined with an "-H"or "-Z"District,
accessible storage or space for parking of automobiles off the
street shall be provided as set forth in Chapter 20.38 and
Chapter 20.40.(Ord.974 (part),1961: 1949 Code §9103.496).
Sectionsl
C - I DIS T RIC T-....-.-------
Chapter 20.24
c-t DISTRICT
Page 68.
c-i DISTRICT
Chapter 20.24
20.24.010
20.24.020
20.24 ..030
20.24.040
20.24.050
20.24.060
20.24.070
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height and Floor Area Limit.
Site Area.
Yards.
Automobile Storage or Parking Space.
20.24.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in all C-l Districts,subject to the pro-
visions of Chapter 20.08.(Ord.635 (part),1950:1949 Code
§9103.5).
20.24.020 USES PERMITTED.The following uses shall
be permitted in C-l Districts:
(a)Professional offices,community centers,social
halls,lodges and clubs.
(b)Retail stores and personal service establishments
within a building,including appliance stores,
bakeries (not wholesale),banks,barber shops,
beauty parlors,book stores,department stores,
drug stores,food shops,hardware stores,nurseries,
offices,radio stores,antique shops,_.
shoe shops,studiOS,tailor shops,and other uses
which in the opinion of the Planning Commission are
of a similar nature.
(c)Signs appurtenant to any permitted use.(Ord.1016
(part),1962: Ord. 635 (part),1950:1949 Code §
9103.51:Ord. 1623 §8,1975).
Page 69.
C-l DISTRICT
Chapter 20.24
20.24.030 USES REQUIRING USE PERMIT.The following
uses shall be permitted subject to the securing of a Use
Permit in each case:
(a1 Animal hospitals,auto sales and repair shops.boat
sales,gasoline service stations,marine service
stations,cleaning establishments,laundries,launder-
ettes,mortuaries,outdoor markets,restaurants,outdoor
drive-in and take-out restaurants,drive-in facilities,
wholesale stores,outdoor sales establishments,pet
shops,public garages,trailer courts,theaters,used
car sales lots,and other uses which in the opinion
of the Planning,Commission are of a similar nature.
(b)Handicraft enterprises,including the manufacturing
and repair of household furnishings,clothing,
ceramics,novelties and toys,and uses which in the
opinion of the Planning Commission are of a similar
nature.
(c)Hotels,motels,boarding houses and residential
uses.
(d)Signs,other than those appurtenant to any permitted
use,including billboards.(Ord.1505 §6,1973:
Or-d , 1380 §4,1971:Ord. 1016 (part),1962:Ord.
635 (part),1950:1949 Code §9103.52:0rd.1623 §9.1975).
20.24.040 BUILDING HEIGHT AND FLOOR AREA LIMIT.
The total gross floor area contained in all buildings on a
buildable site in a C-l District shall not exceed two times
the buildable area of the site;provided.however,that floor
area devoted to parking within a building shall not be consid-
ered in determining the total floor area allowed;and provided,
further,that in no event shall any building exceed the height
limit specified in Chapter 20.09.(Ord.1454 §14,1972:prior
Ord.974 (part).1961:Ord. 635 (part).1950:1949 Code §9103.53).
20.24.050 SITE AREA.The Building Site Area required
shall be mlnlmum of 2,000 square feet.Minimum building site
frontage required shall be 25 feet.(Ord.974 (part).1961:
Ord. 635 (part).1950:1949 Code §9103.54).
20.24.060 YARDS.A.FRONT YARDS.No front yard
shall be required,except where the frontage in a block is
partially in an R District,in which case the front yard shall
be the same as required in such R District.
Page 70.
c-i DISTRICT
Chapter 20.24
B.SIDE YARDS.No side yards shall be required,except where
the side of a lot abuts upon the side of a lot in an R District,
in which case the side yard shall be not less than 5 feet.
C.REAR YARDS.No rear yards shall be required,except where
the rear of a lot abuts on an R District,in which case the rear
yard shall be not less than 5 feet.
Rear yards abutting alleys shall have a minimum width of 10 feet.
D.RESIDENTIAL USES.Yard requirements for residential uses
shall be established by Use Permit procedure.(Ord.974 (part),
1961:Ord. 635 (part),1950:1949 Code §9103.55).
20.24.070 AUTOMOBILE STORAGE OR PARKING SPACE.When
a C-l District is combined with an "-H"or "-Z"District,
accessible storage or space for the parking of automobiles
off the street shall be prowided as set forth in Chapter 20.38
and Chapter 20.40.COrd.974 (part),1961:1949 Code §9103.56).
Page 71.
C-2 DISTRICT
Chapter 20.26
C - 2 Q I i I R I £I
Chapter 20.26
C-2 DISTRICT
Sections:
20.26.010
20.26.020
20.26.030
20.26.040
20.26.050
20.26.060
20.26.070
20.26.080
Effect of Chapter.
Intent and Purpose -Conditions.
Uses Permitted.
Uses Requiring Use Permit.
Building Height Limit.
Site Area.
Yards.
Automobile Storage or Parking Space.
20.26.010 EFFECT OF CHAPTER.The following
regulations shall apply in all C-2 Districts,subject to
the provisions of Chapter 20.08.(Ord.635 (part),1960:
1949 Code §9103.6).
20.26.020 INTENT AND PURPOSE -CONDITIONS.Uses
permitted in the C-2 District shall be planned,developed and
operated in such a manner that noise,smoke,dust,odor and
waste of any kind is confined and/or purified so as to control
pollution of air,soil and water to meet the standards or
requirements of the Planning Commission,and in such a manner
to eliminate any detrimental effect to public health,safety and
welfare and be in harmony with objectives of the planning of
this city.
The Planning Commission may designate such conditions as it
deems necessary to secure the purposes of this section and may
require such guarantees and evidence that such conditions are
being or will be complied with.(Ord.845 (part),1958:1949
Code §9103.60).
20.26.030 USES PERMITTED.The following uses shall
be permitted in the C-2 Districts:
(a)Professional offices;community centers;social
hall sand cl ubs,
(b)Retail stores;wholesale stores;wholesale bakeries;
research laboratories and institutes;laundries;and
storage within a building.
(d)
(c)
Page 72.
C~2 DISTRICT
Chapter 20.26
The following uses,when conducted within a building
or enclosed by a solid board or masonry fence at
least six feet in height in each case:Creameries;
bottling works;building material yards;contractors
yards;fuel yards;machine shops;storage of goods
and materials;and other uses which in the opinion
of the Planning Commission are of a similar nature.
Signs appurtenant to any permitted use.(Ord.1152
(part),1966: Ord.901 (part),1959: Ord. 635 (part),
1949 Code §9103.61).
20.26.040 USES REQUIRING USE PERMIT.Uses permitted,
subject to first securing a Use Permit in each case:
(a)Dry cleaning plants,lumber yards,light manufacturing,
including the manufacture and repair of boats,cloth-
ing,novelties and toys,gasoline service stations,
drive-in facilities,restaurants,outdoor,drive-in
and take-out restaurants,and uses which in the opinion
of the Planning Commission are of a similar nature.
(b)Hotels,motels,residential uses,trailer courts,and
houseboat marinas.
(c)Signs,other than those appurtenant to any permitted
Usg-,_jQrd'_]505~§7,1973:c-u.1380 §5,1971:Ord.
1152 (part),1966:Ord. 1031 (part),1963:Ord. 635
(p.a.r't),1950:1949 Code §9103.62).
20.26.050 BUILDING HEIGHT LIMIT.The building height
limit shall be as specified in Chapter 20.09.(Ord.1454 §15,
September 11,1972:prior Ord. 635 (part),1950:1949 Code §
9103.63).
20.26.060 SITE AREA.The Building Site Area required
for each main building shall be a minimum of 2,000 square feet.
Minimum building site frontage shall be 25 feet.(Ord.635
(part),1950:1949 Code §9103.64).
20.26.070 YARDS.A.FRONT YARDS.No front yards
shall be required,except where the frontage in a block is par-
tially in an R District,in which case the front yard shall be
the same as required in such R District.
B.SIDE YARDS.No side yards shall be required,except where
the side of a lot abuts upon the side of a lot in an R District,
in which case the side yard shall be not less than 3 feet.
Page 73.
C-2 DISTRICT
Chapter 20.26
C.REAR YARDS.No rear yards shall be required,except where
the rear of a lot abuts on an R District in which case the rear
yard shall be not less than 3 feet.
Rear yards abutting on alleys shall have a minimum width of
10 feet.
D.RESIDENTIAL USES.Yard requirements for residential uses
shall be established by Use Permit procedure.(Ord.901 (part),
1959:Ord. 635 (part),1950:1949 Code §9103.65).
20.26.080 AUTOMOBILE STORAGE OR PARKING SPACE.When
a C-2 District is combined with an ".H"or "-Z"District,
accessible storage or space for the parking of automobiles
off the street shall be provided as set forth in Chapters 20.38
and 20.40.(Ord.974 (part),1961:1949 Code §9103.66).
Page 74.
I DISTRICT
Chapter 20.28
I DIS T RIC T--------
Chapter 20.28
I DISTRICT
Sections:
20.28.010
20.28.020
20.28.030
20.28.010
tions shall apply
of Chapter 20.08.
Effect of Chapter.
Uses Permitted.
Building Height -Site Area -Yards.
EFFECT OF CHAPTER.The following regula-
in all I Districts,subject to the provisions
(Ord.716 (part),1954:1949 Code §9103.680).
20.08.020 USES PERMITTED.The following uses shall
be permitted in I Districts:All uses permitted in a C-l
District,under the same terms and conditions,as contained
in Chapter 20.24,specifically excepting from C-l District
uses the following:Markets,service stations,drug stores,
barber shops,malt shops,restaurants,beauty parlors,or any
other type of business which by its nature,might directly vend
articles or services to persons under eighteen years of age,
all of which are prohibited in an I District.(Ord.716 (part),
1954:1949 Code §9103.681).
20.08.030 BUILDING HEIGHT - SITE AREA -YARDS.The
height limit,the building site area,and the yards required
in an I District shall be as specified in Chapter 20.09 for
building height limit,in Section 20.24.050 for building site
area,and in Section 20.24.060 for yards required,in a C-l
District.(Ord.1454 §16,September 11,1972:prior Ord.
716 (part),1954:1949 Code §9103.682).
Sections:
M- 1
DIS T RIC T-----........--.---
Chapter 20.30
M-l DISTRICT
Page 75.
M-l DISTRICT
Chapter 20.30
20.30.010
20.30.020
20.30.030
20.30.040
20.30.050
20.30.060
20.30.070
20.30.010
shall apply in
Chapter 20.08.
Effect of Chapter.
Intent and Purpose -Conditions.
Uses Permitted.
Uses Requiring Use Permit.
Prohibited Uses.
Building Height and Floor Area Limit.
Yards.
EFFECT OF CHAPTER.The following regulations
all M-l Districts,subject to the provisions of
(Ord.635 (part),1950:1949 Code §9103.7).
20.30.020 INTENT AND PURPOSE -CONDITIONS.Uses
permitted in the M-l District shall be planned,developed and
operated in such a manner that noise,smoke,dust,odor and waste
of any kind is confined and/or purified so as to control pollu-
tion of air,soil and water~to meet the standards or requirements
of the Planning Commission,and in such a manner to eliminate any
detrimental effect to public health,safety and welfare and be
in harmony with objectives of the planning of this City.
The Planning Commission may designate such conditions as it
deems necessary to secure the purposes of this section and may
require such guarantees and evidence that such conditions are
being or will be complied with.(Ord.845 (part),1958:1949
Code §9103.70).
20.30.030 USES PERMITTED.The following uses shall
be permitted in the M-l Districts:
(a)Wholesale bakeries;creameries;bottling works;
building material yards;contractors yards;fuel
yards;machine shops;l.umber yards;building and
repair of boats;research laboratories and institutes;
instrument manufacturing;fabrication of plastic
products;furniture upholstering;storage,including
Page 76.
M-l DISTRICT
Chapter 20.30
storage of cement and lime incidental to a retail or
wholesale business;manufacturing uses;and any other
uses which,in the opinion of the Planning Commission
are of similar nature,but under the same limitations
and restrictions specified in sections governing same.
(b)Signs appurtenapt to any permitted use.(Ord.1441
§1,1972:prior Ord.1152 (part),1966:Ord.635
(part),1950:1949 Code §9103.71).
20.30.040 USES REQUIRING USE PERMIT.The following
uses shall be permitted subject to the securing of a use permit
in each case:
(a)Gasoline service stations;houseboat marinas;and
fish smoking,curing or freezing.
(b)Professional offices,restaurants,outdoor,drive-in
and take-out restaurants.
(c)Commercial uses including but not limited to retail
and wholesale stores;cartography;bookbinding;print-
ing;lithography;editorial and designing;laundries;
dry cleaning plants;and any other uses which in the
opinion of the Planning Commission are of a similar
nature;provided,however,that the following excep-
tions shall apply to structures and uses which are
in existence on the effective date of this section:
(1)The lawful use of land or buildings in the M-l
District which do not meet the requirements of this
subsection may be continued or changed to a use
which would require the same or less on-site park-
ing according to the standards established in
Chapter 20.38,entitled "-H"District,without
compliance with the requirements of this sub-
section.
(2)Any existing structure may be repaired,altered
or remodeled,without complying with the require-
ments of this subsection.
(3)Any existing structure or use may be enlarged
by not more than 10%of its original gross area
in anyone year period without complying with the
requirements of this subsection.
(d)Signs,other than those appurtenant to any permitted
use,including billboards.(Ord,1505 §8,1973:
Ord.1441 §2.1972:prior Ord.1380 §6,1971:Ord.
1152 (part).1965:Ord.1037 (part),1963:Ord.635
(part),1950:1949 Code §91.03.72).
Page 77.
M-l DISTRICT
Chapter 20.30
20.30.050 PROHIBITED USES.The following uses are
prohibited in M-l Districts:
Autowrecking,fish canneries and/or reduction grinding and
processing plants;drilling for and/or removal of oil,gas,
or other hydrocarbon materials;distillation of bones;dumping,
disposal,incineration or reduction of garbage,sewage,offal,
dead animals or refuse.fat rendering;manufacture or storage
of acid,cement,explosives,fireworks,fertilizer,glue,
gypsum,lime,plaster of paris or asphalt,stockyard or slaughter
of animals,refining of petroleum or its products,smelting of
iron,tin,zinc,,or other ores;junk yards,hog raising,bag
manufacture or cleaning,blast furnace or boiler works,breweries,
coke ovens,cooperage works,incinerators,cordage mills,
foundaries,tanneries,and all other uses which in the opinion
of the Planning Commission are of similar nature or may be
objectionable,as provided by Section 20.30.020.(Ord.845
(part),1958:Ord. 635 (part),1950:1949 Code §9103.73).
20.30.060 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area contained ;n all buildings on a building
site in an M-l District shall not exceed three times the build-
able area of the site;provided,however,that floor area
devoted to parking within a building shall not be considered in
determining the total floor area allowed;and provided,further,
that in no event shall any building exceed the height limit
specified in Chapter 20.09.(Ord.1454 §17,September 11,
1972:prior Ord. 974 (part),1961:Ord. 635 (part),1950:1949
Code §9103.74).
20.30.070 YARDS.A.FRONT YARD.No front yard shall
be required,except where the frontage in a block is partially
;n an R District,in which case the front yard shall be the same
as required in such R District.
B.SIDE YARD.No side yard shall be required,except where the
side of a lot abuts upon the side of a lot in an R District,in
which case the side yard shall be not less than 5 feet.
C.REAR YARD.No rear yard shall be required,except where the
rear of a lot abuts on an R District,in which case the rear yard
shall be not less than 10 feet wide.
Rear yards abutting on alleys shall have a mlnlmum of 10 feet.
(Ord.974 (part),1961:Ord. 635 (part),1950:1949 Code §9103.75).
M - 1 - A
DIS T RIC T--------
Page 78.
M-l-A DISTRICT
Chapter 20.32
Sections:
20.32.010
20.32.020
20.32.030
20.32.040
20.32.050
20.32.060
20.32.070
20.32.080
20.32.090
20.32.100
Chapter 20.32
M-l-A DISTRICT
Effect of Chapter
Intent and Purpose.
Uses Permitted.
Uses Requiring Use Permit.
Floor Area.
Site Area.
Yards.
Off-Street Parking.
Manufacturing and Storage Areas.
Street Right-of-Way.
20.32.010 EFFECT OF CHAPTER.T~e following regula-
tions shall apply in all M-l-A Districts and shall be subject
to the provisions of Chapter 20.08.Except that where conflict
in regulations occur,the regulations specified in this Chapter
shall apply.(Ord.804 (part),1956: 1949 Code §9103.9 (part)).
20.32.020 INTENT AND PURPOSE.A.ESTABLISHMENT.
M-l-A Districts may be established in area where it is deemed
desirable to provide for limited manufacturing facilities of
a design and type which will enhance the area and not be
detrimental to surrounding property or the City.
Uses permitted in the M-l-A District shall be planned,developed,
conducted and operated in such a manner that noise,smoke,dust,
odor and waste of any kind is confined and/or purified so as to
control pollution of air,soil or water to meet the standards
or requirements of the Planning Commission and in such a manner
as to eliminate any detrimental effect to the public health,
safety and welfare and be in harmony with the objectives of the
general planning.
B.CONDITIONS.The Planning Commission may designate such
conditions as it deems necessary to fulfill the purpose of
this Chapter and may require such guarantee and evidence that
such conditions are being or will be complied with.(Ord.804
(part),1956:1949 Code §9103.9(A,B)).
Page 79.
M-l-A DISTRICT
Chapter 20.32
20.32.030 USES PERMITTED.The following uses shall
be permitted in M-l-A Districts:
(a)Administrative and professional offices;residences
for watchmen or custodians employed on site;employees
cafeterias or auditoriums;research laboratories and
institutes;wholesale stores;machine shops;light
manufacturing;furniture upholstering;electrical
and electronic products and instruments manufacturing;
cartography;bookbinding;printing and lithography;
fabrication of plastic products;storage warehouse,
excluding inflammable materials and truck terminals;
editorial and designing.
(b)Signs appurtenant to any permitted use,located on
property of use.(Ord.1152 (part),1966:Ord.901
_(Qartj,1!j59LOrd.804 (part),1956;1949 Code §9103.91).
20.32.040 USES REQUIRING USE PERMIT.The following
uses shall be permitted~subject to the first securing of a Use
Permit in each case;Furniture manufacturing,assembling and
construction of paper products with finished paper stock,garment
manufacturing,building and repairing of boats within a building,
laundry and dry cleaning plants,gasoline service stations,drive-
in facilities,manufacture of novelties,toys and small appli-
ances,building material yards,contractors yards,restaurants,
outdoor,drive-in and take-out restaurants,medical and dental
offices and clinics,other uses which in the opinion of the Plan-
ning Commission are comparable and similar in character with the
above uses.(Ord.1505 §;9,1973:Ord. 1380 §7,1971:Ord. 1152
(part),1966:Ord. 1016 (part,1962:Ord.804 (part),1956:
1949 Code §9103.92).
20.32.050 FLOOR AREA.The total gross floor area
contained in all buildings on a building site in an M-l-A
District shall not exceed three times the buildable area of
the site;provided,however,that floor area devoted to park-
ing within a building shall not be considered in determining
the total floor area allowed;and provided,further,that in
no event shall any building exceed the height limit specified
in Chapter 20.09.(Ord.1454 §18,September 11,1972:prior
Ord. 974 (part),1961:Ord. 804 (part),1956:1949 Code §
9103.93).
20.32.060 SITE AREA.The building site area required
shall be a mlnlmum of 10,000 Square feet.(Ord.974 (part),
1961:Ord. 804 (part),1956: 1949 Code §9103.94).
20.32.070
of 15 feet from
required.
Page 80.
M-l-A DISTRICT
Chapter 20.32
YARDS.A.SETBACK.A mlnlmum setback
any street or highway property line shall be
B.FRONT YARDS.A front yard area adjacent to the front pro-
perty line and extending across the property from the side
lines 15 feet deep,measured from the front property line,
shall be provided.The property front yard area shall be
appropriately landscaped and maintained except for area
required for walkways and driveways for ingress and egress
to the property.The walkways and driveways shall not use
more than forty percent (40%)of this front yard area.
C.SIDE YARDS.Building sites fronting on one street and
having a side property line adjacent to a side street shall
provide a yard area 15 feet wide,measured from the side
property line and extending from the front proper~y line
to the rear property line.The side yard shall be appro-
priately landscaped and maintained except for areas required
for walkways and driveways for ingress and egress to the
property.The walkways and driveways shall not use more than
forty percent (40%)of this side yard area.
D.ZONE SEPARATION AREA.In cases where a street or alley
does not exist to separate this zone from any other more
restrictive zone,a zone separation area 10 feet wide and ex-
tending the entire distance the zones adjoin each other shall
be provided.The zone separation area shall be appropriately
landscap~d and maintained.(Ord.804 (part),1956:1949 Code
§9103.95).
20.32.080 OFF-STREET PARKING.Off-Street Parking
and loading on the building site shall be required in M-l-A
Districts according to the following formula:
(a)A minimum of one parking space shall be provided
for each 350 square feet of gross floor area in
any building.
(b)Location and layout of off-street parking shall be
approved by the Architectural Control Committee.
(c)All loading and unloading operations and parking
of trucks shall be provided for and performed on
the premises.(1949 Code §9103.96 added by Ord.
804;November 13,1956 as amended by Ord.1025;
January 28,1963).
Page 81.
M-l-A DISTRICT
Chapter 20.32
20.32.090 MANUFACTURING AND STORAGE AREAS.All
manufacturing and fabrication operations shall be conducted
within buildings.All equipment and material storage areas
shall be screened by solid walls,fences,or by adequate
plantings of not less than 6 feet in height.(1949 Code
§9103.97 added by Ord.804;November 13,1956).
20.32.100 STREET RIGHT-OF-WAY.All dedicated streets
within or bordering this M-l-A District shall have a minimum
right-of-way 60 feet in width.(1949 Code §9103.98 added by
Ord.804;November 13,1956).
Page 81-1-
OS DISTRICT
Chapter 20.33
DIS T RIC T--------
Chapter 20.33
Open Space District
Sections:
20.33.010
20.33.020
20.33.030
20.33.040
20.33.050
20.33.060
20.33.070
Intent and Purpose.
Effect of Chapter.
Esta~lishment of OS Districts.
Uses Permitted.
Uses Requiring Use Permit.
Site Area.
Building Height.
20.33.010 INTENT AND PURPOSE.The OS District is
intended to prohibit intensive urban development of those
areas of the City which are subject to hazards of flood,
erosion,geologic instability,earthquake faulting,and
fires;to assure permanent open space in and for public parks,
beaches,and recreation areas,marine and wildlife preserves,
land preserves,watershed areas,spreading grounds,and settl-
ing basins wherein development would adversely affect public
use and natural environmental benefits;and to allow for the
temporary preservation of agricultural and natural areas.
(Ord.1485 §1 (part),January 22,1973).
20.33.020;EFFECT OF CHAPTER.All sections of this
Title shall be subject to the provisions of this Chapter.
(Ord.1485 §1 (part),January 22,1973).
20.33.030 ESTABLISHMENT OF OS DISTRICTS.Land may
be placed in the OS District under the following conditions:
(a)Where land is in public ownership and in use as:
(1)Public parks,schools,paseos,playgrounds,
beaches,marine and wildlife preserves.
(2)Drainage or flood control channels,creeks,
rivers,or other water courses,watersheds,
reservoirs..
(3)Power transmission easements,or other public
utility corridors.
Page 81-2.as DISTRICT
Chapter 20.33
(b)Where land is in public ownership and intended for
future use as:
(1)Public parks,schools,paseos,playgrounds,
beaches,marine and wildlife preserves.
(2)Public harbors or marinas.
(c)Public or privately owned land when the use of said
land would endanger the pUblic health,safety or
general welfare including:
(1)Areas where natural topography may be too steep
to build upon and/or where the grading or develop-
ment of the land would endanger public health or
safety due to unstable geologic conditions,
erosion or flooding.
(2)Areas subject to severe seismic hazards,including
surface ruptures from faulting,ground shaking
and soil liquefaction.
(3)Areas subject to flooding or inundation from storm
water or tidal movements.
(4)Areas under airport takeoff and approach patterns.
(5)Other privately owned land at the request of the
owner(s).
(d)Privately owned land upon formal agreement between
the owner(s)and the City:
(1)Private parks,schools,paseos,playgrounds,
greenbelts.beaches,marinas,yacht clubs,
mooring facilities,and marine and wildlife
preserves.
(2)Areas of unique natural beauty (natural landforms,
prominent features,landscapes,natural vistas),
available to public access and views.
(3)Private golf courses,tennis clubs,aquatic parks,
and cemeteries.
(e)Private owned land upon formal agreement for a specific
period of time between the owner(s)and the City:
(1)Land which is in agricultural Dr horticultural
use.
(2)Land which is substantially in its natural state.
Page 81~3.
OS DISTRICT
Chapter 20.33
(3)Land which is of particular historic,cultural,
or scientific value.(Ord.1485 §1 (part),
January 22,1973).
20.33.040 USES PERMITTED.The following uses shall
be permitted tn the as Districts.
(a)Privately owned or public open recreation areas,
parks,schools,paseos,playgrounds,beaches,marine
and wildlife preserves,and such buildings and struc-
tures as related thereto,but permitting no commercial
recreational uses where an admission fee is charged,
except as permitted under Section 20.33.050 of this
Chapter.
(b)Agricultural and horticultural uses and such build-
ings and structures as related thereto subject to
the provisions of Section 20.33.050 of this Chapter.
(c)Public bicycle routes,hiking trails,and other
pedestrian ways.
(d)Public Parking.
(e)Drainage channels,water courses,spreading grounds,
settling basins.(Ord.1485 §1 (part),January 22,
1973).
20.33.050 USES REQUIRING USE PERMIT.The following
uses shall be permitted subject to the securing of a Use Permit
in each case:
(a)Residential structures for a watchman or caretaker
and his family.
(b)Commercial recreational facilities and uses of an
open nature,such as golf courses or aquatic parks,
where an admission or use fee or club membership fee
is charged.(Ord.1485 §1 (part),January 22,1973).
20.33.060 SITE AREA.No lot shall be created with an
area of less than one (1)acre,except that the City Council
may permit a smaller lot or may rezone a smaller lot to the
OS-Open Space District upon the finding that such smaller lot
will provide for an open area which is to be used by the general
public or a group of property owners.(Ord.1485 §1 (part),
January 22,1973).
20.33.070 BUILDING HEIGHT.The building height limit
shall be as specified in Chapter 20.09.(Ord.1485 §1 (part),
January 22,1973).
Sections:
U DIS T RIC T--------
Chapter 20.34
U DISTRICT
Page 82.
U DISTRICT
Chapter 20.34
20.34.010
20.34.020
20.34.030
Effect of Chapter.
Uses Permitted.
Building Height Limit -Site Area -Yards.
20.34.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in all unclassified or U Districts and shall
be subject to the provisions of Chapter 20.08.U Districts
shall include all of the incorporated area within the City not
precisely zoned or included in any zone or district as provided
for under the zoning code of the City of Newport Beach.(1949
Code §9103.8 added by Ord.635;December 12,1950 as amended
by Ord.845;Apt'il14,1958).
20.34.020 USES PERMITTED.The following uses shall
be permitted in U Districts:All uses not otherwise prohibited
by law;provided,that a Use Permit shall first be secured for
any use to be established in any U District,except authorized
piers.(1949 Code §9103.81 added by Ord.635;December 12,1950).
20.34.030 BUILDING HEIGHT LIMIT -SITE AREA -YARDS.
Building height limits,building site area required and yards
required shall be as specified in the Use Permit;provided,
however,that in no event shall any building exceed the height
limit specified in Chapter 20.09.(Ord.1454 §19,September
11,1972:prior 1949 Code §9103.82 added by Ord.635;December
12,1950).
Page 83.
"_B"DISTRICT
Chapter 20.36
I' _B"DIS T RIC T------------,
Chapter 20.36
"_B"DISTRICT
Sections:
20.36.010
20.36.020
20.36.030
20.36.040
20.36.050
Effect of Chapter.
Site Area.
Uncovered Rear Yard Area.
Slope Ratio Approval Required.
Site Ar:ea.
20.36.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in lieu of building site area,yard and lot
width requirements in the respective districts where such
districts are combined with the "-B"District,and shall be
subject to the provisions of Chapter 20.08.All other pro-
visions of the respective districts shall apply.(1949 Code
§9104.1 added by Ord.635;December 12,1950 as amended by
Ord.845;April 14,1958).
20.36.020 SITE AREA.The following minimum building
site area,lot sizes and setbacks shall be required and the
following maximum coverage shall be allowed in the respective
"_B"Districts:
COMBINING DESIGNATION B:
Building §ite area
Lot width
Lot 1ength
Front yard
Rear yard
Side yard
Maximum coverage
COMBINING DESIGNATION B-1:
Building site area
Lot width
Lot length
Front yard
Rear yard
Side yard
Maximum coverage
6000 square feet.
60 feet.
80 feet.
20 feet.
6 feet.
6 feet.
60 percent.
7500 square feet.
75 feet.
90 feet.
15 feet.
7 feet.
7 feet.
60 percent.
Page 84.
"_B"DISTRICT
Chapter 20,36
COMBINING DESIGNATION B-2:
Building site area
Lot width
Lot length
Front yard
Rear yard
Side yard
Maximum coverage
COMBINING DESIGNATION B-3:
Building site area
Lot width
Lot 1ength
Front yard
Rear Yard
Side yard
Maximum coverage
10,000 square feet.
90 feet.
100 feet.
15 feet.
10 feet.
10 feet,
60 percent.
20,000 square feet.
100 feet.
150 feet.
15 feet.
10 feet,
10 feet.
60 percent.
COMBINING DESIGNATION B-4:As designated on zoning map;
provided,that no requirements be less than B-3 regulations.
All setbacks on the street side of a corner lot shall not
be less than that required on existing or adjacent reversed
frontage when such exists.(1949 Code §9104.11 added by
Ord.635;December 12,1950 as amended by Ord.845;April
14,1958).
20.36.030 UNCOVERED REAR YARD AREA.There shall
be a minimum of 750 square feet or rear yard land area
adjoining the main dwelling maintained uncovered.(1949
Code§9104.11-1 added by Ord.845;April 14,1958).
20.36.040 SLOPE RATIO APPROVAL REQUIRED.Any banks
graded or benched for building sites in "_B"Districts wherein
cuts are required,leaving banks or slopes of a greater grade
than a ratio of 3 to 1,shall be approved by the Planning
Commission prior to obtaining a building permit.(1949 Code
§9104.12 added by Ord.635;December 12,1950 as amended by
Or d,845;April 14,1958).
20.36.050 SITE AREA.The following minimum building
site area shall be required for each family unit (maximum
density permitted in R Districts where combined with "-B"
District):
B
B-1
B-2
B-3
R-2
3000 sq.ft.
3000 sq.ft.
3000 sq.ft.
3000 sq.ft.
R-3
1500 sq.ft.
1500 sq.ft.
2000 sq.ft.
2000 sq.ft.
R",4
1250 sq.ft.
1250 sq.f t ,
1500 sq.ft.
1500 sq.ft.
(1949 Code §9104.13 added by Ord.635;December 12,1950 as
amended by Ord.845;April 14,1958).
Page 85.
"-H"DISTRICT
Chapter 20.38
Chapter 20.38
"-H"DISTRICT
Sections:
20.38.010
20.38.020
20.38.030
20.38.035
20.38.040
20.38.050
Effect of Chapter.
Uses Permitted.
Off-Street Parking Required -Schedule.
Parking Requirement for Office Buildings
Based on Size or Parking Pool.
Off-Street Parking on Separate Lot.
Building Location.
20.38.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in all C and M Districts with which are
combined "-H"Districts,in addition to the regulation here-
inbefore specified therefor,and shall be subject to the
provisions of Chapter 20.08;provided,however,that if any
of the regulations specified in Section 20.38.020 and 20.38.
030 differ from any of the corresponding regulations specified
in this Chapter for any district with which is combined an
"-H"District.then in such case the provisions of Sections
20.38.020 and 20.38.030 shall govern.(1949 Code §9104.2
added by Ord. 635; December 12,1950 as amended by Ord.845;
April 14.1958).
20.38.020 USES PERMITTED.The following uses shall
be permitted in "-H"Districts:
All uses permitted in the respective districts with which the
"-H"District is combined.subject to approval as to design
of buildings and design and location of parking lot;except.
however.as provided in Sections 20.38.030 and 20.38.040.
(1949 Code §9104.21 (part)added by Ord.635;December 12.
1950 as amended by Ord.901;December 28.1959).
20.38.030 OFF-STREET PARKING REQUIRED -SCHEDULE.
Off-street parking on the building site.or with City Council
approval upon recommendation of the Planning Commission,on
a separate lot from the building site or sites,shall be
required in all districts with which the "-H"District is
combined.according to the following formula:
(a)Retail Stores:
square feet of
space for each
area.
Page 86.
"-H"DISTRICT
Chapter 20.38
One parking space for each 250
gross floor area,and one loading
10,000 square feet of gross floor
(b)Office Buildings (except where portion is used as
a medical or dental office):One parking space
for each 250 square feet of net floor area,except
as provided in Section 20.38.035.
(c)Wholesale and Industry:One parking space for
each 2,000 square feet of gross floor area and one
loading space for each 10,000 square feet of gross
floor area,but in no event shall there be less
than 10 parking spaces for each such establishment.
(d)Restaurants:One space for each 40 square feet of net
public area."Net Public Area"shall be defined as the
total area of the restaurant including patios,balcon-
ies,and any outdoor areas capable of being used for
the purpose of serving food or beverages,with the
exception of kitchens,restrooms,offices pertaining
to the restaurant only,and food and beverage service
or storage areas.
Based on the following considerations,the Planning
Commission may increase or decrease the parking
requirement for a restaurant within the range of one
space for each 30 to 50 square feet of net public
area:
1. The Physical Design characteristics of the
restaurant.
A.The portion of net public area designated for
dining,cocktails,or dancing.
B. The number of tables or seats,and their
arrangement.
C.Other areas that should logically be excluded
from the determination of net public area.
D.The parking lot desigh,including the use of
small car spaces,tandem,and valet parking.
E.Availability of guest dock space for boats.
2. The location of the restaurant.
A.In relation to other uses and the waterfront.
Page 86-1.
"-H"DISTRICT
Chapter 20.38
B.Availability of off-site parking nearby.
C.Amount of Walk-in trade.
D.Parking problems in the area at times of
peak demand.
3. The Operational characteristics of the restaurant.
A.Beer,wine,or full service bar.
B. The use of live entertainment.
C.The hours of operation.
If during the review of the Use Permit,the Planning
Commission uses any of the preceding considerations
as a basis for raising or lowering a restaurant's
parking requirement,>the substance of such considera-
tions shall become conditions of the Use Permit and a
change to any of these conditions will require an
amendment to the Use Permit.When an amendment to
the Use Permit is required,the Planning Commission
may increase or decrease parking requirements within
the ranges noted above.
(e)Public Assembly:One parking space for each five
seats.
(f)Theaters:One parking space for each five seats.
(g)Hotels:One parking space for each two guest rooms.
(h)Hospitals:One parking space for each bed,and in
addition one parking space for each resident doctor
and one for each employee.
(i)Clinics:One parking space for each 250 square feet
of gross floor area,plus one additional space for
each doctor and one for each employee.
(j)Motels:One parking space for each guest unit.
(k)Medical and Dental Office Buildings:One parking
space for each 250 square feet of gross floor area.
(Ord.1623 §2,1975: Ord. 1404 §3,1971:1949 Code
§9l04.21(a)added by Ord.635;Dec.12,1950 as amended
by Ord.901;Dec.28,1959).
20.38.035 PARKING REQUIREMENT FOR OFFICE BUILDINGS
BASED ON SIZE OF PARKING POOL.The parking requirement for
office buildings,as specified in Section 20.38.030(b),may
be modified in accordance with the following schedule:'
PARKING POOL
1 to 500 spaces
Page 87.
"-H"DISTRICT
Chapter 20.38
REQUIREMENT
1 space for each 250 square feet of
net floor area.
501 to 1500 spaces
1501 spaces and over
1 space for each 250 square feet of
net floor area for the first 500
spaces,then 1 space for each 300
square feet of net floor area for
each additional space.
1 space for each 285 square feet of
net floor area for the first 1500
spaces,then 1 space for each 350
square feet of net floor area for
each additional space.
(Ord.1404 §4;September 20,1971).
20.38.040 OFF-STREET PARKING ON SEPARATE LOT.The
Planning Commission shall not recommend and the City Council
shall not approve off-street parking on a separate lot from
the building site or sites unless:
(a)Such lot is so located as to be useful in connection
with the proposed use or uses on the building site
or sites.
(b)Parking on such lot will not create undue traffic
hazards in the surrounding area.
(c)Such lot and the building site are in the same owner-
ship,or the owners of the building sites have a
common ownership in such lot,and the owner or
owners are entitled to the immediate possession and
use thereof (ownership of the off-site lot must be
ownership in fee or a leasehold interest of a dura-
tion adequate to serve all proposed uses on the
building site or sites).
(d)The owner or owners and the City,upon the approval
of the City Council,execute a written instrument
or instruments,approved as to form and content by
the City Attorney,providing for the maintenance of
the required off-street parking on such lot for the
duration of the proposed use or uses on the building
site or sites.Should a change in use or additional
use be proposed,the off-street parking regulations
applicable at the time shall apply.Such instruments
Page 88.
"-H"DISTRICT
Chapter 20.38
shall be recorded in the office of the County Recorder
and copies thereof filed with the Building Department
and Planning Department.(1949 Code §9l04.2l(b)
added by Ord. 635; December 12,1950 as amended by
Ord.901;December 28,1959).
20.38.050 BUILDING LOCATION.In case no building
line is established by the Street and Highway Plan of the
Master Plan or by the provisions of this Chapter for the
street on which any building will front,in any district with
which an "-H"District is combined,no such building shall be
erected,constructed,moved or structurally altered,so that
the same shall be closer to the line of such street than a
distance to provide adequate space for the traffic movements
and the standing of vehicles which will be incidental to the
use of such building.Such distance to be designated by the
Planning Commission as a part of the action on plans submitted
with the application for a permit for such building,as pro-
vided in Chapter 20.08.(1949 Code §9104.22 added by Ord.
635;December 12,1950).
Page 89.
"-Z"DISTRICT
Chapter 2D.4D
~.=.I~QlilRlkl
Chapter 20.40
"-Z"DISTRICT
Sections:
20.40.010
20.40.020
20.40.030
20.40.040
20.40.050
Effect of Chapter.
Uses Permitted.
Off-Street Parking Required -Schedule.
Off-Street Parking on Separate Lot.
Waiver of Off-Street Parking Requirement.
20.40.010 EFFECT OF CHAPTER.The following regula-
tions shall apply in all C Districts with which are combined
"-Z"Districts,in addition to the regulations herein~efore
specified therefor,and shall be subject to the provisions
of Chapter 20.08;provided,however,that if any of the regula-
tions specified in the "_Z"District differ from any of the
corresponding regulations specified in this Chapter for any
District with which is combined the "-Z"District,then and
in such case the provisions of the "-Z"District shall govern.
(1949 Code §9104.3 added by Ord.913;February 23,1960).
20.40.020 USES PERMITTED.The following uses shall
be permitted in "-Z"Districts:
All uses permitted in the respective districts with which the
"_Z"District is combined,subject to approval as to design
of building and design and location of parking lot;except,
however,as provided in Sections 20.40.030 and 20.40.040.
(1949 Code §9104.31 (part)added by Ord.913;February 23,
1960).
20.40.030 OFF-STREET PARKING REQUIRED -SCHEDULE.
Off-street parking,on the building site,or on a separate
lot from the building site or sites with City Council approval
on recommendation of the Planning Commission,shall be required
in all districts with which the "-Z"District is combined,
according to the following formula:
(a)Retail &Wholesa'le Stores:One parking space for each
350 square feet of gross floor area,and one loading
space for each 10,000 square feet of gross floor
area.
(b )
(c)
Page 90.
"-Z"DISTRICT
Chapter 20.40
Office Buildings (except where any portion is used
as a medical or dental office):One parking space
for each 350 square feet of net floor area.
Restaurants:One space for each 40 square feet of
net public area."Net Public Area"shall be defined
as the total area of the restaurant including patios,
balconies,and any outdoor areas capable of being
used for the purpose of serving food or beverages,
with the exception of kitchens,restrooms,offices
pertaining to the restaurant only,and food and
beverage service or storage areas.
Based on the following considerations,the Planning
Commission may increase or decrease the parking
requirement for a restaurant within the range of one
space for each 30 to 50 square feet of net public area:
1.The Physical Design characteristics of the
restaurant.
A.The portion of net public area designated
for dining,cocktails,or dancing.
B.The number of tables or seats,and their
arran gemen t ,
C.Other areas that should logically be excluded
from the determination of net public area.
D.The parking lot design,including the use of
small car spaces,tandem,and valet parking.
E.Availability of guest dock space for boats.
2. The location of the restaurant.
A.In relation to other uses and the waterfront.
B.Availability of off-site parking nearby.
C.Amount of Walk-in trade.
D.Parking problems in the area at times of
peak demand.
3. The Operational characteristics of the restaurant.
A.Beer,wine,or full service bar.
B. The use of live entertainment.
C. The hours of operation.
Page 90-1.
"_Z"DISTRICT
Chapter 20.40
If during the review of the use permit,the Planning
Commission uses any of the preceding considerations
as a basis for raising or lowering a restaurant's
parking requirement,the substance of such considera-
tions shall become conditions of the Use Permit and
a change to any of these conditions will require an
amendment to the use permit.When an amendment to
the use permit is required,the Planning Commission
may increase or decrease parking requirements within
the ranges noted above.
(d)Public Assembly:One parking space for each five
seats.
(e)Theaters:One parking space for each five seats.
(f)Hotels:One parking space for each two guest rooms.
(g)Hospitals:One parking space for each bed,and in
addition one parking space for each resident doctor
and one for each employee.
(h)Clinics:One parking space for each 250 square feet
of gross floor area,plus one additional space for
each doctor and one for each employee.
(i)Motels:One parking space for each guest unit.
(j)Apartments:One parking space for each unit having
not more than one bedroom;otherwise two parking
spaces per unit.
(k)Medical and Dental Office Buildings:One parking
space for each 250 square feet of gross floor area.
(Ord.1623 §3,1975: Ord. 1404 §5,1971).
20.40.040 OFF-STREET PARKING ON SEPARATE LOT.The
Planning Commission shall not recommend and the City Council
shall not approve off-street parking on a separate lot from
the building site or sites unless:
(a)Such lot is so located as to be useful in connection
with the proposed use or uses on the building site or
sites.
(b)Parking on such lot will not create undue traffic
hazards in the surrounding area.
(c)Such lot and the building site are in the same owner-
ship,or the owners of the building sites have a common
ownership in such lot,and the owner or owners are
entitled to the immediate possession and use thereof
Page 91.
"-Z"DISTRICT
Chapter 20.40
(ownership of the off-site lot must be ownership in
fee or a leasehold interest of a duration ade~uate
to serve all proposed uses on the building site or
sites).
(d)The owner or owners and the City,upon the approval
of the City Council,execute a written instrument
or instruments,approved as to form and content by
the City Attorney,providing for the maintenance of
the required off-street parking on such lot for the
duration of the proposed use or uses on the building
site or sites.Should a change in use or additional
use be proposed,the off-street parking regulations
applicable at the time shall apply.Such instruments
shall be recorded in the office of the County Recorder
and copies thereof filed with the Building Department
and Planning Department.(Ord.913,1960:1949 Code
§9104.31(b)).
20.40.050 WAIVER OF OFF-STREET PARKING REQUIREMENTS.
The Planning Commission may recommend and the City Council may
approve,on petition of the property owner,a waiver of or
reduction in off-street parking required by the terms of this
section under the following conditions:
(a)When a municipal parking lot is so located as to be
useful in connection with the proposed use or uses
on the building site or sites.
(b)When the building site is subject to two or more
uses and the maximum parking requirements for such
uses do not occur simultaneously.
(Ord.913,1960:1949 Code §9104.31(c)).
Page 91-1.
SP DISTRICT
Chapter 20.41
Chapter 20.41
SPECIFIC PLAN DISTRICT
Sec t t ons :
20.41.010
20.41.020
20.41.030
20.41.040
20.41.050
Authority and Scope.
Effect of Chapter.
"SP" Combining District - Uses Permitted
and Development Standards.
"SP"Individual District - Uses Permitted
and Development Standards.
Adoption or Amendment of Specific Plans
and Application of the "SP"District.
20.41.010 AUTHORITY AND SCOPE.The Planning Commis-
sion may,or if so directed by the City Council shall,prepare
specific plans based on the general plan and drafts of such
regulations,programs,and legislation as may in its judgment
be required for the systematic execution of the general plan
and the Planning Commission may recommend such plans and
measures to the City Council for adoption according to the
provisions of California Government Code Sections 65450 through
65550 which are incorporated herein by this reference as if
fully set forth.
Such specific plans may include:
(a)Regulations limiting the location of buildings and other
improvements with respect to existing or planned rights-of-way.
(b)Regulations of the use of land and buildings,the height
and bulk of buildings,and the open spaces about buildings.
(c)Street and highway naming and numbering plans in order
to establish the official names of streets and highways,to
remove conflicts,duplication and uncertainty among such names,
and to provide an orderly system for the numbering of buildings
and properties.
(d)Such other matters which will accomplish the purposes of
this chapter,including procedure for the administration of
such regulations.
(e)Such other measures as may be required to insure the execu-
tion of the general plan.(Ord.1500 §1 (part),1973).
Page 91-2.
SP DISTRICT
Chapter 20.41
20.41.020 EFFECT OF CHAPTER.The following regula-
tions shall apply to all property within a District where the
District symbol is combined with the "SP· -Specific Plan
Symbol and all property within the "SP"-Specific Plan Dist-
rict,when applied as a separate district.In all cases the
"SP·symbol shall be followed by a number to designate the
Specific Plan (e.g.,SP1:Specific Plan Number 1) and the
development that shall be permitted subject to provisions of
the designated Specific Plan and the regulations of this
chapter.(Ord.1500 §1 (part).1973).
20.41.030 "SP"COMBINING DISTRICT -USES PERMITTED
AND DEVELOPMENT STANDARDS.The ·SP" symbol may be applied
as a combining district (e.g.,CNH-SP)where the Specific
Plan regulations are intended to apply only to specific uses
and development of land.In these cases.where the Specific
Plan regulations may differ from the regulations of the base
district.the regulations of the Specific Plan shall apply.
(Ord.1500 §1 (part),1973).
20.41.040 ·SP"INDIVIDUAL DISTRICT -USES PERMITTED
AND DEVELOPMENT STANDARDS.Any use or development of property
within an "SP·District where the "SP"symbol is not combined
with another District shall be in compliance with the regula-
tions of the referenced Specific Plan.(Ord.1500 §1 (part).
1973).
20.41.050 ADOPTION OR AMENDMENT OF SPECIFIC PLAN AND
APPLICATION OF THE "SP"DISTRICT.Specific Plans shall be
adopted and amended by ordinance pursuant to the provisions
of Chapter 20.54 of this Code.(Ord.1500 §1 (part),1973).
Page 92.
AUTOMOBILE
SERVICE STATIONS
Chapter 20.43
AUT 0 MOB I L ESE R V ICE S TAT ION S----------------------_.-.......--
Chapter 20.43
AUTOMOBILE SERVICE STATIONS
Sections:
20.43.010
20.43.020
20.43.030
20.43.040
20.43.050
20.43.060
20.43.070
20.43.080
20.43.090
Intent.
Definitions.
Use Permit Required.
Application Contents.
Activities and Operations Permitted.
Development Standards for New Service Stations.
Existing Structures and Uses
Discontinued Use.
Appeal.
20.43.010 INTENT.In order to promote and preserve
the public health,safety,convenience,general welfare and
general prosperity,it is the intent of this ordinance that
automobile service stations shall not create increased ped-
estrian and vehicular traffic hazards and shall not be detri-
mental to the ordinary maintenance,development and redevelop-
ment of the surrounding area as reflected by the General Plan,
Zoning Regulations or specific plans approved by the City.
(Ord.1411 §3 (part),1972).
20.43.020 DEFINITIONS.As used in this chapter,
the following terms shall have the meanings indicated:
(a)Automobile Service Station - The term "Automobile
Service Station"shall mean a retail place of
business engaged in the sale of fuel and servicing
of motor vehicles,including those activities and
operations as specified in Section 20.43.050,but
excluding major automobile repairs.
(b)Major Automobile Repairs - The term "Major Automobile
Repairs"shall mean any extensive work involving the
disassembly and/or overhaul of the engine,clutch,
transmission or differential.Also,body,frame and
fender repair,painting,welding,upholstery work,
tire recapping,glass replacement or similar activities
shall be considered as major repair work.(Ord.1411
§3 (part),1972):.
Page 93.
AUTOMOBILE
SERVICE STATIONS
Chapter 20.43
20.43.030 USE PERMIT REQUIRED.Automobile service
stations may be permitted in the C-N, C-O,C-l,C-2,M-l,
M-l-A and U Districts,subject to the requirement of a use
permit for each development.The procedure governing the
issuance of all use permits for such developments shall be
governed by the provisions of this chapter and Chapter 20.46,
entitled "PERMITS."(Ord.1411 §3 (part),1972).
20.43.040 APPLICATION CONTENTS.An application for
an automobile service station shall be in the form of a use
permit application and shall be accompanied by the following
information,maps and plans:
(a)A plot plan of the property,drqwn to scale,showing
location of all buildings,canopies,on-site access
and drives,pump islands,storage facilities,plant-
ing areas,exterior lighting standards,signs,walls,
parking spaces,enclosed trash areas,curb cuts and
driveway approaches.
(b)Elevations,drawn to scale,including all building
and sign faces and materialS,textures and colors.
(c)A grading plan,indicating how the property is to
be graded and drained.
(d)A landscape and irrigation plan showing the size,
location and variety of plant materials to be used,
including the botanical and common plant names of
each,and the location,type and design of all
irrigation systems.
(e)Such other plans,drawings and information as the
Director of Community Development reasonably may
require.(Ord.1411 §3 (part),1972).
20.43.050 ACTIVITIES AND OPERATIONS PERMITTED.
Activities and operations shall be subject to the following
restrictions:
(a)In addition to the dispensing of gasoline,oil,air
and water,the following operations are permitted
uses when conducted entirely within an enclosed
building without the use of an open flame and in
such manner so as not to be a nuisance or of
detriment to the occupants of adjacent properties:
(1)Changing of engine oil and filters.
(2)Lubrication of motor vehicle chassis.
(3)The cleaning of component parts.
(4)Brake adjustment and replacement.
(7)
( 5)
(6)
Page 94.
AUTOMOBIl.E
SERVICE STATIONS
Chapter 20.43
Automobile washing and polishing (not including
mechanical car wash).
Front-end alignments (unless facilities exist
outside the building on the effective date of
this ordinance).
Soft drinks,candy and cigarettes sold via
dispensers at stations constructed subsequent
to the enactment of this ordinance.
(b)The dispensing of gasoline,oil,air and water from
pump islands,and the following activities and items
offered for sale or rent are permitted outside of a
bui 1ding:
(1)
( 2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
( 12)
( 13)
Six (6)rental trailers having maximum bed
dimensions of 6 ft X 10 ft.each,only provided
such use was in existence on the effective date
of this ordinance.The location and screening
of trailer storage shall be approved by the
Community Development Director.
Automobile rental,provided that the automobiles
are not parked on public streets.
Tire display as follows:One (1)rack containing
not more than a number equivalent to four (4)
tires per pump island,plus not more than four
(4)tires,in racks,on each pump island.There
shall be a maximum display of not more than
twenty (20)tires.
Trash areas,enclosed by walls,to be integrated
with the design of the service station.
Public telephones,provided they are well lighted,
are in a location which is visible from the street,
and are accessible on a twenty-four hour basis.
Any testing or servicing of automobiles which
necessitates a running engine.
The sale and installation of batteries and minor
automotive accessories.
The sale,mounting and repair of tires.
The testing,adjustment and replacement of parts.
The sale of soft drinks,candy,cigarettes,ice
and similar items via dispensers at stations
constructed prior to the enactment of this
ordinance.
The servicing of air-conditioners.
The servicing of air pollution control devices.
l.amp adjustment.
(c)Operating provisions shall include the following
restrictions:
(1)Parking on site is prohibited except for such
vehicles as are in the process of being serviced,
those belonging to employees and service trucks
(2)
(3)
Page 95.
AUTOMOBILE
SERVICE STATIONS
Chapter 20.43
owned by the establishment.Rental cars and
trailers may be parked on site subject to the
provisions of Section 20.43.050(b)(I)and (2).
No vehicle waiting for service shall be parked
for a period longer than twenty-four (24)hours
on the station site unless in the process of
being serviced.No vehicle shall be considered
to be in the process of being serviced for a
period longer than one (1)week.
Gasoline tanker trucks shall not obstruct the
public right-of-way during delivery.(Ord.1411
§3 (part),1972).
20.43.060 DEVELOPMENT STANDARDS FOR NEW SERVICE
STATIONS.The following development standards shall apply to
all automobile service stations constructed on new sites sub-
sequent to the effective date of this ordinance and to remodel-
ing or rebuilding existing stations as provided in Section
20.43.070(d).
(a)Location - All service station sites shall front on
streets designated as major,primary or secondary
on the City Master Plan of Streets and Highways
unless the sites are part of or in conjunction with
developments such as shopping centers in residential
areas.
(b)Site Size - The site shall be of sufficient size and
configuration to satisfy all requirements for off-
street parking,setbacks,curb cuts,walls,land-
scaping and storage as provided in this chapter.
(c)Parking - A minimum of five (5)parking spaces for
each service bay shall be provided.All such parking
spaces shall be marked clearly and shall meet all
City codes and standards as to size and accessibility.
(d)Setbacks - All buildings shall be set back from interior
property lines a minimum of eighteen (18)feet and
exterior property lines a minimum of thirty;(30)feet
except that pump islands may be located a minimum of
twenty (20)feet from all exterior property lines,
and pump island canopies may project to within five
(5)feet of exterior property lines.
On-site driveways all should be a minimum of twent¥-
five (25)feet for two-way traffic or eighteen (18)
feet for one-way circulation.
Page 96.
AUTOMOBILE
SERVICE STATIONS
Chapter 20.43
(e)Access -Driveways shall be so designed and located
as to ensure a safe and efficient movement of traffic
on and off the site to and from the lane of traffic
nearest the curb.All driveways shall be located
and constructed according to the City of Newport
Beach Driveway Approach Policy.
Driveways for service stations which are developed
as part of or in conjunction with adjacent uses
shall be located as part of the total circulation
element of such adjacent uses.
Provisions for on-site stacking lanes shall be made.
(f)Utilities - All utilities shall be installed under-
ground within the exterior property lines of the
site.
(g)Drainage - All drainage to the street shall be by
underground structures to avoid drainage across
City walks or drive aprons,and shall be subject to
approval by the Director of Public Works.
(h)Noise -Buzzers and amplified signaling bells are to
be located within the service station proper and
shall not generate noise beyond that of a normal
residential telephone ring when the service station
site abuts residentially-zoned property or property
used for residential purposes.
(i)Architectural Design - The siting and architectural
design of a service station building shall be,at
a minimum,compatible with existing or planned
improvements and the character of the area in which
it is to be located.Unique design concepts are
encouraged.
(j)landscaping - At least fifteen (15)percent of the
site shall be landscaped with plant materials
designed to provide beautification and screening.
Planting areas shall include but not be limited
to the following:
(1)
(2)
(3)
Five-foot wide planters between driveway
approaches,separating pump islands for their
entire length from the sidewalk or public right-
of-way.
A planting area at the "exterior"corner of the
site from curb cut to curb cut at the inter-
section.
A series of tree wells,each located a maximum
distance of thirty (30)feet on center along
all interior property lines,having a minimum
Page 97.
AUTOMOBILE
SERVICE STATIONS
Chapter 20.43
inside dimension of four (4)feet to anyone
side of the planting area and containi~g at
least one fifteen (15)gallon tree of an
approved variety.
Plant materials shall be chosen for their screening
qualities,beauty and durability.Plantings shall
include a mixture of trees.shrubs and groundcovers.
City parkway areas shall be provided with ground-
cover and street trees as per City standards.
All planting areas shall be provided with a permanent
underground automatic sprinkler irrigation system of
a design suitable for the type and arrangement of
the plant materials selected.
Landscape planting and sprinkler irrigation plans
and specifications shall be submitted by the applicant
and approved by the Community Development Director
prior to the issuance of a building permit.
(k)Perimeter Walls -Service station sites shall be
separated from abutting residentially-zoned property
or property used for residential purposes by six-
foot high masonry walls utilizing materials similar
in color,module and texture to those utilized in
the building.Such walls shall be reduced to three
(3)feet in height within adjacent street setback
areas.Such walls need not be installed when building
walls or other acceptable walls already exist on such
property lines.
(1)Lighting - All lighting fixtures shall be located
so as to shield direct rays from adjoining properties.
Luminaires shall be of a low level,indirect diffused
type and shall not exceed a height of greater than
twenty (20)feet above finished grade.
(m)Permanent Exterior Signs - A maximum of seven (7)
permanent signs shall be permitted on any service
station site as follows:
(1)
(2)
One double-faced free-standing sign,not exceed-
ing a height of twenty-five (25)feet and an
area thirty-six (36)square feet for each side.
Two wall signs to be located on the exterior
facades of the building and not exceeding ten
(10)square feet each.
Page 98.
AUTOMOBILE
SERVICE STATIONS
Chapter 20.43
( 3)
( 5)
(4)
(6)
One sign advertising the price of gas and not
exceeding eight (8)square feet.The sign
shall be of materials in harmony with those
utilized in the building.
One sign identifying the operator of the
premises and address of the building,to be
located on the building and not exceeding a
t o t a1 of si x (6)square feet.
All small signs advertising products for sale,
trading stamps,credit cards and the inspection
of pollution control devices,lamps and brakes,
as authorized by the State,shall be clustered
into not more than three (3)sign groupings
located on the building face and a total of
which shall not exceed twelve (12)square
feet in area,exclusive of the additional space
required for signs advertising State-authorized
services.The sign background shall be of
materials in harmony with those utilized in the
building.
One double-faced sign,in a permanent frame,
not exceeding an area of twelve (12)square
feet for each sige,for promotional purposes,
but excluding any reference to price.
No rotating,flashing,blinking or signing with
animation,flags,banners or other attention-attracting
devices shall be permitted on a permanent basis.
Attention-attracting devices may be permitted for
thirty (30)days,however,when connected with an
opening or change in ownership or management of a
service station.
(n)Rest Rooms - All rest rooms shall be located to the
side or rear of the building with all entrances
screened from public view by landscaping or a six
(6)foot high wall of materials in harmony with
those utilized in the building.
(0)Storage - All products and merchandise,except as
permitted in Section 20.43.050(b),shall be stored
within the main building.
(p)Dispensing Machines -Space shall be made inside the
building for any machines to be used for the dis-
pensing of soft drinks,candy,cigarettes,ice and
similar items.
Page 99.
AUTOMOBILE
SERVICE STATIONS
Chapter 20.43
(q)Additional Requirements -It shall be required as
a condition of a use permit that the grantee provide
the oil company,the property owner and/or lessee
each with a copy of the conditions embodied in the
permit,and receive a written receipt therefor,so
that there shall be no person operating the premises
who is not aware of the conditions of operation.If,
during any inspection of the premises,the City shall
find violations of the requirements of the use permit,
it shall notify both the oil company and the operator
of the station in order to assure compliance.(Ord.
1411 §3 (part),1972).
20.43.070 EXISTING STRUCTURES AND USES.The provisions
of Chapter 20.44 entitled 'Nonconforming Structures and Uses,'
shall be applicable to automobile service stations as defined
in this chapter,except as amended by the following regulations:
(a)Existing Uses -Cessation of Use - The lawful use
of land or building or both for the purpose of opera-
ting an automobile service station,which use is in
existence on the effective date of this Chapter,may
be continued without compliance with the requirements
of a use permit provided that,if any such use shall
cease for a continuous period of six (6)months,such
use shall be considered abandoned and the Planning
Commission shall have the authority to require the
property owner to remove all existing structures
from the site or obtain a use permit pursuant to
Section 20.43.040 of this Chapter.
(b)Restoration of Damaged or Destroyed Building -Any
building in use as an automobile service station on
the effective date of this Chapter which is damaged
or destroyed by fire,explosion,earthquake or other
act,to an extent of seventy-five (75)percent of the
appraised value thereof,according to the assessment
by the assessor for the fiscal year during which such
destruction occurred,may not be restored without the
requirement of a use permit.
(c)Maintenance,Repairs and Structural Alterations -
Maintenance,repairs and structural alterations can
be made to any building in use as a gasoline service
station on the effective date of this Chapter pro-
vided that such maintenance,repair or structural
alteration does not exceed,in any consecutive
twelve (12)month period,fifteen (15)percent of
the value of the improvements as determined by the
assessed valuation.Structural alterations exceeding
fifteen (15)percent of the appraised value will
require a use permit.
Page 100.
AUTOMOBILE
SERVICE STATIONS
Chapter 20.43
(d)Remodeling or Rebuilding -Any service station
being remodeled or rebuilt to an extent requiring a
use permit shall be designed so as to comply as
nearly as possible with the standards for service
stations on new sites set forth in Section 20.43.060;
taking into consideration size of the property,loca-
tion of the existing structure,and other similar
constraints.(Ord.1411 §31(part),1972).
20.43.080 DISCONTINUED USE.Notwithstanding anything
to the contrary in this Chapter,if any service station is
abandoned for a period of six (6)consecutive months,the
Planning Commission,after public hearing,shall have the
authority to revoke the use permit and may require the pro-
perty owner to remove all existing structures from the site.
(Ord.1411 §3 (part),1972).
20.43.090 APPEAL.A.INITIATION OF APPEAL.In case
the automobile service station operator is not satisfied with
the action of the Community Development Director in any case
requiring the Director's approval,he may appeal in writing to
the Planning Commission by filing a Notice of Appeal with the
Secretary of the Planning Commission within five (5)days
following the decision of the Director of Community Development,
as provided in Section 20.58.010 of the Newport Beach Municipal
Code.
B.DECISION.Upon receiving Notice of Appeal to the Planning
Commission,the written findings of the Director of Community
Development shall be submitted to the Planning Commission
together with all maps,letters,exhibits,and other documentary
evidence considered by the Director of Community Development in
reaching his decision.The Planning Commission shall render its
decision within thirty (30)days after the hearing of the appeal.
C.APPEAL TO THE CITY COUNCIL.In case an applicant is not
satisfied with the action of the Planning Commission on his
appeal,he may within twenty-one (21)days appeal in writing
to the City Council,as provided in Chapter 20.58 of the
Newport Beach Municipal Code dealing with appeals.(Ord.1411
§3 (part),1972).
Page 101.
NONCONFORMING
STRUCTURES,&USES
Chapter 20.44
Chapter 20.44
NONCONFORMING STRUCTURES AND USES
Sections:
AND USE S
20.44.010
20.44.020
20.44.030
20.44.040
20.44.050
20.44.060
20.44.070
20.44.080
20.44.090
Prior Use of Land.
Prior Use of Buildings.
Extension Throughout Building of
Nonconforming Use.
Change of Nonconforming Use.
Cessation of Nonconforming Use.
Restoration of Damaged or Destroyed
Building.
Maintenance and Repairs.
Prior Plans,Construction or Designated Use.
Exempt Nonconforming Buildings.
20.44.010 PRIOR USE OF LAND.The lawful use of land
existing at the time of the adoption of this Title,although
such use does not conform to the regulations herein specified
for the district in which such land is located,may be continued,
provided that no such use shall be enlarged or increased,nor
be extended to occupy a greater area than that occupied by such
use at the time of the adoption of this Title,and that if any
such use ceases,the subsequent use of such land shall be in
conformity to the regulations specified by this Title,for the
district in which such land is located.(Ord.635,1950:1949
Code §9105.7(a)).
20.44.020 PRIOR USE OF BUILDINGS.The lawful use of
buildings existing at the time of the adoption of this Title
may be continued,although such use does not conform to the
regulations specified for the district in which such buildings
are located.(Ord.635,1950:1949 Code §9105.7(b)).
20.44.030 EXTENSION THROUGHOUT BUILDING OF NONCONFORM-
ING USE.The nonconforming use of a portion of a building may
be extended throughout the building;provided,that in each
case a Use Permit shall first be obtained.(Ord.635,1950:
1949 Code §9105.7(c)).
Page "'02.NONCONFORMING
STRUCTURES &USES
Chapter 20.44
20.44.040 CHANGE OF NONCONFORMING USE.The non-
conforming use of a building may be changed to a USe of the
same or more restricted nature;provided,that in each case
a Use Permit shall first be obtained.(Ord.635,1950: 1949
Code §9105.7(d)).
20.44.050 CESSATION OF NONCONFORMING USE.If the
nonconforming use of a building ceases for a continuous period
of six months,it shall be considered abandoned and shall
thereafter be used only in accordance with the regulations
for the District in which it is located.(Ord.635 (part),
1950:1949 Code §9105.7(e)).
20.44.060 RESTORATION OF DAMAGED OR DESTROYED BUILD-
ING.A nonconforming building damaged or destroyed by fire,
explosion,earthquake,or other act to an extent of more than
ninety percent (90%)of its appraised value at the time of the
damage,as fixed by the General Appraisal Company of Los Angeles,
California,or other equally responsible firm,or to an extent
of one hundred percent (100%)of the appraised value thereof
according to the assessment by the Assessor for the fiscal
year during which such destruction occurs,may be restored
only if a Use Permit is first obtained in each case.(Ord.
635 (part),1950:1949 Code §9105.7(f)).
20.44.070 MAINTENANCE AND REPAIRS.Ordinary main-
tenance and repairs may be made to any nonconforming building,
providing no structural alterations are made and provided that
such work does not exceed fifteen percent (15%)of the appraised
value in anyone year period.Other repairs or alterations may
be permitted provided that a Use Permit shall first be secured
in each case.(Ord, 635 (part),1950:1949 Code §9105.7(g)).
20.44.080 PRIOR PLANS,CONSTRUCTION OR DESIGNATED
USE.Nothing contained in this title shall be deemed to
require any change in the plans,construction or designated
use of any building for which a building permit has properly
been issued,in accordance with the provisions of ordinances
then effective,and upon which actual construction has been
started prior to the effective date of this Title,provided,
that in all such cases actual construction shall be diligently
carried on until completion of the building.(Ord.635 (part),
1950:1949 Code §9105.7(h)).
20.44.090
following types of
the requirement of
tions or additions
EXEMPT NONCONFORMING BUILDINGS.The
nonconforming buildings are exempt from
a Use Permit for certain repairs,altera-
as provided in Section 20.44.070.
Page 103.
NONCONFORMING
STRUCTURES &USES
Chapter 20.44
(a)Buildings located in R-l-B,R-2-B, R-3-B.and R-4-B
Districts which are nonconforming only because
amendments of this Title have changed side yard
requirements subsequent to the original construction
of such buildings.Such noncOnforming side yards
may be continued in the construction of additions.
(b)Buildings which are nonconforming only because
amendments of this Title have changed the dimensions
of required parking or garage spaces from 8 feet by
20 feet to 9 feet by 20 feet subsequently to the
original construction of the building;provided that
the building together with any proposed addition will
conform to existing provisions of this Title with
regard to the number of required parking or garage
spaces.
Such repairs,alterations or additions must comply
with all requirements of this Title in effect on
the date the application for a building permit is
filed.except as otherwise provided in this section.
(Ord.1076 (part),1964:Ord. 909 (part),1960:1949
Code §9105.8).
Page 104.
PERMITS
Chapter 20.46
PER MIT S-------
Chapter 20.46
PERMITS
Sections:
20.46.010
20.46.020
20.46.030
20.46.050
20.46.060
20.46.070
20.46.075
20.46.080
20.46.090
Zoning Permit Required.
Use Permits.
Application for Use Permit -Fee.
Public Hearings.
Action by Commission,Director or
City Council.
Use Permit Appeal.
Right of Review by City Council.
Use Permit Requisite to Other Permits.
Revocation of Permits or Variances.
20.46.010 ZONING PERMIT REQUIRED.Zoning Permits
shall be required for all buildings and structures herein-
after erected,constructed,altered,repaired,or moved
within or into any district established by this Title,and
for the use of vacant land or for a change in the character
of the use of land,within any district established by this
Title.Such permit may be a part of the building permit
and shall be issued by the Building Inspector prior to any
construction.(Ord.635 (part),1960: 1949 Code §9106.1,
§9106.11).
20.46.020 USE PERMITS.Use Permits,revocable,
conditional or valid for a term period may be issued for any
of the uses or purposes for which such permits are required
or permitted by the terms of this Title.(Ord.635 (part),
1950:1949 Code §9106.2).
20.46.030 APPLICATION FOR USE PERMIT -FEE.Applica-
tions for Use Permits shall be filed in the office of the
Community Development Department in writing on forms prescribed
by the Director,and shall be accompanied by a fee of Two Hundred
Twenty FiveD~11ars ($225.00)and by plans and elevations
necessary to show the detail of the proposed building or use.
Application for a Use Permit may be made by the owner,lessee,
or agent of the owner of the property affected.The applica-
tion shall be signed by the recorded owner or the lessee or
Page 105.
PERMITS
Chapter 20.46
may be signed by an agent of the owner if written authorization
from the record owner is filed with the application.(Ord.1611
§1,1975:Ord. 1396 §1,1971:Or-d , 1272 §1,1968: Ord. 1059
(part),1963:Ord. 635 (part),1950:1949 Code §9106.21:Ord.
1566 §1,1974).
20.46.050 PUBLIC HEARINGS.A.DISCRETIONARY.No
public hearings need be held in connection with the grant or
denial of an application for a Use Permit;provided that the
Planning Commission may in its discretion hold such public
hearings as it deems advisable.
B.NOTICE.When it is deemed advisable to hold a public
hearing,notice of such hearing shall be mailed not less than
ten (10)days before the hearing date,postage prepaid,using
addresses from the last equalized assessment roll or,alter-
natively,from such other records as contain more recent
addresses,to owners of property within a radius of three
hundred (300)feet of the exterior boundaries of the subject
property.In addition,notice of such hearings shall be
posted in not less than two conspicuous places on or close
to the property at least ten (10)days prior to the hearing.
If any properties included within the radius referred to above
are located outside the limits of the City of Newport Beach,
then the mailed notice need not be given to those property
owners;but in lieu thereof,the Planning Commission may
cause written notice of such hearing to be given to the
Planning Commission of any city in which such properties are
located,or to the Orange County Planning Commission in such
cases where such properties lie within the unincorporated
portion of the County.
C.CONTINUANCE.Upon the date set for a public hearing before
the Planning Commission or an appeal before the City Council,
the Planning Commission or the City Council may continue the
hearing to another date without giving further notice thereof
if the date of the continued hearing is announced in open
meeting.(Ord.1465 §1,1972:Ord. 1396 §3,1971:Ord•
1059 (part),1963:Ord. 635 (part),1950:1949 Code §9106.23).
20.46.060 ACTION BY COMMISSION OR CITY COUNCIL.
A.FINDINGS.In order to grant any Use Permit,the Planning
Commission or the City Council in acting on appeals or review-
ing any decision of the Planning Commission shall find that the
establishment,maintenance or operation of the use or building
applied for will not,under the circumstances of the particular
case,be detrimental to the health,safety,peace,morals,
comfort and general welfare of persons residing or working in
the neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood
or the general welfare of the City.
Page 106.
PERMITS
Chapter 20.46
B.IMPOSITION OF CONDITIONS.The Planning Commission or the
City Council in acting on appeals or in reviewing any decision
of the Planning Commission may impose such conditions in
connection with the granting of a Use Permit as they deem
necessary to secure the purposes of this Title and may require
guarantees and evidence that such conditions are being or will
be complied with.Such conditions may include requirements
for off-street parking facilities as determined in each case.
In the event of an appeal to the City Council from a decision
of the Planning Commission granting or denying a Use Permit,
the Planning Commission shall file with the City Council
prior to the hearing of the appeal written findings setting
forth the reasons for the decision.
C.RENDERING OF DECISION.After the conclusion of the hearing
on any application for a Use Permit,the Planning Commission
shall render a decision within 35 days.Use Permits shall
not become effective for 21 days after being granted,and in
the event an appeal is filed or if the City Council shall
exercise its right to review any such decision,the permit
shall not become effective unless and until a decision granting
the Use Permit is made by the City Council.The granting of
any Use Permit pursuant to the provisions of this Title is
hereby declared to be an administration function,the authority
and responsibility for performing which is imposed upon the
Planning Commission,and the action thereon by the Planning
Commission shall be final and conclusive,except in the event
of an appeal or an exercise of its right of review by the City
Council.(Ord.1396 §4. 1971: Ord. 1057 (part),1963:Ord.
635 (part),1950:1949 Code §9106.24).
20.46.070 USE PERMIT APPEAL.A.INITIATION OF APPEAL.
In case the applicant or any other person is not satisfied with
the action of the Planning Commission,he may appeal in writing
to the City Council by filing a notice of appeal with the City
Clerk within 21 days following said action.Said notice of
appeal shall be accompanied by a fee of Seventy-Five Dollars
($75.00).
B.DATE-NOTICE.The City Clerk shall set a date for public
hearing and give notice in the manner prescribed in Section
20.46.050.The City Clerk shall notify the appealing party
of the date set for the appeal and shall also notify the
Planning Commission if the appeal is from a decision of the
Planning Commission.Upon receiving notice of appeal to the
City Council,the Community Development Director shall submit
a written report of the Planning Commission proceedings to
the City Council,together with all maps,letters,exhibits,
and other documentary evidence considered by the Planning
Commission in reaching a decision.
Page 107.
PERMITS
Chapter 20.46
C.DECISION.The City Council shall render its decision
within 30 days after the close of such hearing.(Ord.1396
§5,1971:Ord. 1272 (part),1968:Ord. 1059 (part),1963:
Ord. 635 (part),1950:1949 Code §9106.24).
20.46.075 RIGHT OF REVIEW BY CITY COUNCIL.The
City Council,on its own motion,adopted by four affirmative
votes,may elect to review any decision of the Planning Commis-
sion granting a Use Permit.The City Council's right of review
may be exercised at any time prior to the expiration of 21 days
from the date on which the Planning Commission renders its
decision.In any Use Permit proceeding in which the City
Council exercises its right of review,the City Clerk shall
set a date for public hearing and give notice in the manner
specified in Section 20.46.050.The City Clerk shall also
give notice of the time and date set for the hearing to the
applicant and the Planning Commission.Upon receiving notice
of the City Council review proceeding,the Community Develop-
ment Director shall submit a written report of the Planning
Commission proceedings together with all maps,letters,
exhibits,and other documentary evidence considered by the
Planning Commission in reaching a decision.(Ord.1396 §6,
1971).
20.46.080 USE PERMIT REQUISITE TO OTHER PERMITS.
No building or zoning permit or certificate of occupancy shall
be issued in any case where a Use Permit is required by the
terms of this Title unless and until such Use Permit has been
granted by the Planning Commission or by the affirmative vote
of the City Council on appeal or review and then only in
accordance with the terms and conditions of the Use Permit
granted.(Ord.1396 §7,1971:Ord. 1059 (part),1950:1949
Code §9106.25).
20.46.090 REVOCATION OF PERMITS OR VARIANCES.
A.DURATION.Any zoning permit,use permit,or variance
granted in accordance with the terms of this Title shall be
revoked if not used within l~years from the date of approval
unless,on approval,the Planning Commission specifies or
has specified a different period of time.
B.VIOLATION OF TERMS.Any zoning permit,use permit,or
variance granted in accordance with the terms of this Title
may be revoked if any of the conditions or terms of such permit
or variance are violated,or if any law or ordinance is violated
in connection therewith.
Page 108.
PERMITS
Chapter 20.46
C.HEARING.The Planning Commission shall hold a hearing on
any proposed revocation after giving written notice to the
permittee at least ten days prior to the hearing,and shall
submit its recommendations to the City Council.The City
Council shall act thereon within 60 days after receipt of the
recommendation of the Planning Commission.(Ord.845 (part),
1958:Ord. 635 (part),1950:1949 Code §§9106.41,9106.42
and 9106.43).
Page 109.
MODIFICATIONS
COMMITTEE
Chapter 20.47
Chapter 20.47
MODIFICATIONS COMMITTEE
Sections:
20.47.010
20.47.020
20.47.030
20.47.040
20.47.050
20.47.060
20.47.070
20.47.080
20.47.090
20.47.100
Modifications Committee.
Powers and Duties.
Hearings.
Notices.
Applications.
Action by Committee.
Appea 1.
Referral to Planning Commission.
Revocation of Modification Approvals.
Administrative Act.
20.47.010 MODIFICATIONS COMMITTEE.A Modifications
Committee consisting of three members is hereby established
for the purpose of passing upon requests for reasonable use
of property not permissible under existing regulations.The
Modifications Committee shall have authority to grant,subject
to appeal to the Planning Commission under provisions of this
Title,modifications as provided herein.The Committee shall
be composed of the following members:the Community Develop-
ment Director or his designated representative;the Public
Works Director or his designated representative;and the
Building Division Supervisor or his designated representative.
The Community Development Director shall act as chairman and
staff members shall be assigned to aid the Committee as
necessary.(Ord.1480 §1,December 18,1972:Ord. 1378 §1,
1971:Ord. 1268 §1 (part),1968).
20.47.020 POWERS AND DUTIES.Whenever a strict
interpretation of the provisions of Title 20 of this Code,or
its application to any specific case or situation would pre-
clude a reasonable use of property not otherwise permissible
under existing regulations,the Modifications Committee may
grant approval of such modifications relating to:required
building setbacks in front,side or rear yards;heights of
walls,hedges or fences;distances between buildings;area
and height of signs;structural appurtenances or projections
which encroach into front,side or rear yards;size or loca-
tion of parking spaces or access to parking spaces;swimming
pool and swimming pool equipment encroachments;roof parking
Page 110.
MODIFICATIONS
COMMITTEE
Chapter 20.47
of automobiles;minor modifications and improvements to non-
conforming buildings;and such items as may be subsequently
set forth by the Planning Commission resolution,subject to a
confirming resolution by the City Council.The Modifications
Committee shall also pass upon all requests to extend existing
use permits which have been approved by the Planning Commission
and exercised by the applicant.(Ord.1268 §1 (part),1968).
20.47.030 HEARINGS.The Modifications Committee
shall hold one or more regular meetings each month and may
hold special meetings as necessary.Upon the receipt,in
proper form,of any application filed pursuant to this chapter,
a time and place for a public hearing shall be fixed,to be
held not less than ten (10)days nor more than thirty (30)
days thereafter.Upon the date set for the public hearing
before the Modifications Committee.the Committee may continue
the hearing to another date without giving further notice
thereof if the date of the continued hearing is announced in
open meeting.(Ord.1268 §I (part),1968).
20.47.040 NOTICE.Notice of such hearing shall be
mailed not less than ten (10)days before the hearing date,
postage prepaid,using addresses from the last equalized
assessment roll or,alternatively,from such other records
as contain more recent addresses,to owners of property within
a radius of one hundred (100)feet of the exterior boundaries
of the subject property.In addition,notice of such hearing
shall be posted in not less than two conspicuous places on or
close to the property at least ten (10)days prior to the
hearing.
If any properties included within the radius referred to above
are located outside the limits of the City of Newport Beach,
the mailed notice need not be given to those property owners;
but in lieu thereof,the Modification Committee may cause
written notice of such hearing to be given to the Planning
Commission of any city in which such properties are located,
or to the Orange County Planning Commission in such cases
where such properties lie within the unincorporated portion
of the County.(Ord.1465 §2,September 25,1972:Ord.
1268 §1 (part),196B).
20.47.050 APPLICATIONS.A.PROCEDURE.Application
for a modification shall be made in writing to the Community
Development Department on forms provided by the City.Applica-
tions filed pursuant to this section shall be numbered con-
secutively in order of their filing and shall become a part
of permanent official records of the City,and there shall
be attached thereto copies of all notices and actions pertain-
ing thereto.Application for modification may be made by the
Page ]11.
MODIFICATIONS
COMMITTEE
Chapter 20.47
owner,lessee or agent of the owner of the property affected.
The application shall be signed by either the record owner,
the lessee or an agent of the owner.if written authorization
from the record owner is filed with the application.
B.INFORMATION REQUIRED.An application for a modification
shall be accompanied by the following:
1.Plot plans showing all property lines.structures.parking,
driveways.other major improvements or facilities and
landscaped areas.
2.Elevations of all proposed structures.
3.Other plans such as floor plans as may be required by the
Community Development Director to assure a proper considera-
tion of the application.
C.FEES.Before receiving any application for a modification.the
City shall.for purposes of defraying the expenditures incidental
to the proceedings described herein.charge and collect a fee of
Eighty-Five Dollars ($85.00)for each application.(Ord.1611 §2.
1975:0rd.1566 §2.1974:0rd.1502 §1.1973:0rd.1268 §1(part).1968).
20.47.060 ACTION BY COMMITTEE.A.INVESTIGATION.
The Modifications Committee shall cause to be made. by its
own members or its respective staffs.such investigation of
facts bearing upon such application as will serve to provide
all information necessary to assure that the action on each
application is consistent with the intent of this section and
sound planning practices.
B.FINDINGS.In order to grant relief to an applicant through
a modification.the Committee shall find that the establishment.
maintenance or operation of the use of the property or building
will not.under the circumstances of the particular case.be
detrimental to the health.safety,peace.comfort and general
welfare of persons residing or Working in the neighborhood of
such proposed use or be detrimental or injurious to property
and improvements in the neighborhood or the general welfare
of the City and further that the proposed modification is
consistent with the legislative intent of Title 20 of this
Code.
C.IMPOSITION OF CONDITIONS.The Modifications Committee may
impose such conditions in connection with the granting of a
modification as they deem necessary to secure the purposes of
this title and may require guarantees and evidence that such
conditions are being or will be complied with.
Page 112.
MODIFICATIONS
COMMITTEE
Chapter 20.47
D.RENDERING OF DECISION.After the conclusion of the hearing
on any application for a modification,the Committee shall
render a decision within fifteen (15)days unless otherwise
stipulated by the applicant and the Committee.No permit or
license shall be issued for any use or property modification
until the decision shall have become final by reason of the
expiration of time to make an appeal,which for purposes of
modifications shall be seven (7)calendar days after the date
of the Committee's decision.In the event an appeal is filed,
the modification shall not become effective unless and until
a decision is made by the Planning Commission on such appeal.
E.NOTICE.The Modifications Committee shall set forth in
writing the findings upon which the decision is made. A
copy of said findings shall be mailed by first class mail
to the applicant and any other interested person who makes
request during the public hearing.A copy shall also be posted
on the official notice board of City Hall until such time as
the decision has become final and copies shall also be directed
to the Secretary of the Planning Commission and the City
Council.(Ord.1502 §2,1973:Ord. 1268 §1 (part),1968).
20.47.070 APPEAL.A.INITIATION OF APPEAL.In
case the applicant or any other interested person is not
satisfied with the action of the Modifications Committee,he
may appeal in writing to the Planning Commission by filing a
notice of appeal with the Secretary of the Planning Commission
within seven (7)calendar days following the decision of the
Committee.
B.FEE.To partially defray the administrative costs of the
City,the Notice of Appeal shall be accompanied by a fee of
One Hundred Dollars ($100.00).
C.DATE -NOTICE.The Planning Commission shall set a date
for public hearing and give notice in the same manner as pre-
scribed in Section 20.47.040.Upon receiving Notice of Appeal
to the Planning Commission,the written findings of the
Modifications Committee shall be submitted to the Planning
Commission together with all maps,letters,exhibits,and other
documentary evidence considered by the Modifications Committee
in reaching a decision.
D.DECISION.The Planning Commission shall render its decision
within thirty (30)days after the filing of such appeal.
E.APPEAL TO CITY COUNCIL.
(1)In case the applicant or any other person is not
satisfied with the action of the Planning Commission,
he may appeal in writing to the City Council by fil-
ing a notice of appeal with the City Clerk within 21
Page 113.
MODIFICATIONS
COMMITTEE
Chapter 20.47
days following said action.Said notice of appeal
shall be accompanied by a fee of Seventy-Five Dollars
($75.00).
(2)DATE -NOTICE.The City Clerk shall set a date for
public hearing and give notice in the same manner as
prescribed in Section 20.47.040.The City Clerk
shall notify the appealing party of the date set for
the appeal and shall also notify the Planning Commis-
sion.Upon receiving notice of appeal to the City
Council,the Community Development Director shall
submit a written report of the Planning Commission
proceedings to the City Council,together with all
maps,letters,eXhibits,and other documenta~y
evidence considered by the Planning Commission in
reaching a decision.
(3)DECISION.The City Council shall render its decision
within 30 days after the close of such hearing.
F.RIGHT OF REVIEW BY CITY COUNCIL OR PLANNING COMMISSION.
The Planning Commission or City Council,on their own motions,
adopted by four affirmative votes,may elect to review any
decisions of the Modifications Committee approving an appli-
cation for a modification.The City Council on its own motion,
adopted by four affirmative votes,may also elect to review any
decisions of the Planning Commission approving an application
for a modification.In the case of a decision from the Modifi-
cations Committee,the Planning Commission·s or City Council's
right of reView may be initiated at any time prior to the
expiration of seven (7)days from the date on which the
Modifications Committee renders its decision.Said review
may be initiated by any member of the Planning Commission
of the City Council by notification to the Director of Com-
munity Development.The Director of Community Development
will thereafter impose a temporary stay of the Modifications
Committee's action until such time as the Planning Commission
or City Council shall meet and decide to exercise their right
of review by four affirmative votes.In the case of a deci-
sion from the Planning Commission,the City Council's right
of review may be initiated at any time prior to the expiration
of 21 days from the date on which the Planning Commission
renders its decision.In any application for a modification
proceeding in which the City Council exercises its right of
review,the City Clerk shall set a date for public hearing
and give notice in the manner specified in Section 20.47.070E(2).
The City Clerk shall also give written notice of the time and
date set for the hearing to the applicant and the Planning
Commission.Upon receiving notice of the City Council review
proceeding,the Community Development Director shall submit a
written report of the Planning Commission proceedings together
with all maps,letters,exhibits,and other documentary evidence
considered by the Planning Commission in reaching a decision.
(Ord.1502 §3,1973:Ord.1464 §I,1972:Ord. 1268 §I (part),
1968).
Page 114.
MODIFICATIONS
COMMITTEE
Chapter 20.47
20.47.080 REFERRAL TO PLANNING COMMISSION.In the
event the Modifications Committee determines that an applica-
tion should properly be heard by the Planning Commission,it
may refer the matter to the Planning Commission for hearing
and original determination on the merits.The procedure for
notice and hearings held by the Planning Commission on such
applications shall be in accordance with the same provisions
as set forth in this chapter.(Ord.1502 §4,1973:Ord.
1268 §1 (part),1968).
20.47.090 REVOCATION OF MODIFICATION APPROVALS.
A.DURATION.Any modification granted in accordance with
the terms of this title shall be automatically revoked if
not used within six (6)months from the date of approval,
unless,on approval,the Modifications Committee specifies
or has specified a different period of time.Upon a written
request for an extension of time,the Committee may extend
the duration of the modification for such additional time as
may be necessary.
B.VIOLATION OF TERMS.Any modification approval granted
in accordance with the terms of this title may be revoked if
any of the conditions or terms of such modification are violated,
or if any law or ordinance is violated in connection therewith.
C.HEARING.The Modifications Committee shall hold a hearing
on any proposed revocation for violation of the terms and
conditions of such modification after giving written notice
to the permittee at least ten (10)days prior to the hearing.
(Ord.1268 §1 (part),1968).
20.47.100 ADMINISTRATIVE ACT.The granting of any
modification,when conforming to the provisions of this title,
is hereby declared to be an administrative function,the
authority and responsibility for performing which is imposed
upon the Modifications Committee and the Community Development
Director and the action thereon by the Modifications Committee
or Community Development Director shall be construed as admin-
istrative acts performed for the purpose of assuring that the
intent and purpose of this title shall apply in special cases,
as provided in this section,and shall not be construed as
amendments to the provisions of this title or the zoning map
of the City.(Ord.1502 §5,1973:Ord. 1268 §1 (part),1968).
Page 115.
VARIANCES
Chapter 20.48
V A R I A N C E S---------
Chapter 20.48
VARIANCES
Sections:
20.48.010
20.48.020
20.48.030
20.48.040
20.48.050
20.48.060
Policy.
Appl i ca t t on,
Delegation of Authority to Planning Director.
Public Hearings.
Action by Commission,Director or City Council.
Appea1.
20.48.010 POLICY.Where practical difficulties.
unnecessary hardships and results inconsistent with the general
purpose of this Title may result from the strict application of
certain provisions thereof,variance may be granted as provided
in this Chapter.(1949 Code §9106.3 added by Ord. 635;
December 12,1950).
20.48.020 APPLICATION.A.FILING -FEE.Applications
for variances shall be made in writing and filed in the office
of the Planning Department on forms prescribed by the Commission
and sha11~~!lcc()mpanied by a filing fee of Two Hundred Twenty
Five Dollars ($225.00).
B.APPLICANT.Application for a variance may be made by the
owner,lessee,or agent of the owner of the property affected.
The application shall be signed by the record owner,lessee,
or may be signed by an agent of the owner if written authoriza-
tion from the record owner is filed with the application.
C.EVIDENCE.The application shall,in addition,be accompanied
by a statement,plans and evidence showing:
1.That there are exceptional or extraordinary circumstances
applying to the land,building or use referred to in the
application,which circumstances or conditions do not apply
generally to land,buildings and/or uses in the same
district.
2.That the granting of the application is necessary for the
preservation and enjoyment of substantial property rights
of the applicant.
Page 116.
VARIANCES
Chapter 20.48
3.That the granting of such application will not,under the
circumstances of the particular case,materially affect
adversely the health or safety of persons residing or
working in the neighborhood of the property of the appli-
cant and will not under the circumstances of the particular
case be materially detrimental to the public welfare or
injurious to property or improvements in the neighborhood.
(Ord.1611 §3,1975:1949 Code §9106.31 added by Ord. 635; and
amended by Ord.1059 and Ord.1272;1968:Ord.1566 §3,1974).
20.48.030 DELEGATION OF AUTHORITY TO PLANNING DIRECTOR.
A.DELEGATION BY RESOLUTION.The Planning Commission may
delegate authority to act on any specific class of variance.
Such delegation of authority shall be made by formal resolu-
tion of the Planning Commission and shall be subject to confirma-
tion by the City Council.The withdrawal of the authority so
delegated to the Planning Director may be accomplished in the
same manner as the authority was originally delegated or by
formal resolution of the City Council alone.
B.DISCRETION OF DIRECTOR.The Planning Director may in his
discretion decline to act on any application for a variance
over which he has been granted jurisdiction and may refer the
application to the Planning Commission for its decision.
(1949 Code §9106.32 added by Ord.1059;September 23,1963).
20.48.040 PUBLIC HEARINGS.A.REQUIRED-NOTICE.
A public hearing shall be held on all variances,except as
otherwise provided in this Chapter,within sixty (60)days
after filing of the application;provided,however,that public
hearings need not be held on applications over which juris-
diction has been delegated to the Director of Community Develop-
ment.Notice of such hearing shall be mailed not less than ten
(10)days before the hearing date,postage prepaid,using
addresses from the last equalized assessment roll or,alter-
natively,from such other records as contain more recent
addresses,to owners of property within a radius of three
hundred (300)feet of the ~xterior boundaries of the subject
property.In addition,notice of such hearing shall be
posted in not less than two conspicuous Plac.es on or close
to the property at least ten (10)days prior to the hearing.
B.CONTINUANCE.Upon the date set for a public hearing or
an appeal to the City Council,the Planning Commission or the
City Council may continue the hearing to another date without
giving further notice thereof if the date of the continued
hearing is announced in open meeting.(Ord.1465 §3,Sept-
ember 25,1972:Ord.1059,1963: Ord.635,1950:1949 Code
§§9106.32,9106.33).
Page 117.
VARIANCES
Chapter 20.48
20.48.050 ACTION BY COMMISSION,DIRECTOR OR CITY
COUNCIL.A.FINDINGS.In order to grant any variance,the
findings of the Planning Commission,the Community Development
Director or the City Council in acting on appeals,shall be
that the applicant has established the grounds for variance
set forth in this Chapter.
B.CONDITIONS.The Planning Commission,Community Development
Director,or City Council in acting on appeals,may designate
such conditions in connection with the granting of a variance
as they deem necessary to secure the purposes of this Title,
and may require such guarantees and evidence that such conditions
are being or will be complied with.Such conditions may include
requirements for off-street parking facilities as determined in
each case.
C.RENDERING OF DECISION.After the conclusion of the hearing
on any application for a variance,the Planning Commission or
the Community Development Director shall render a decision
within 35 days following the~lose of the hearing on the appli-
cation.A variance shall not become effective for 21 days
after being granted,and in the event an appeal is filed,the
variance shall not become effective unless and until a decision
granting the variance is mide by the City Council on such appeal.
The granting of any variance,when conforming to the provisions
of this Title,is hereby detl.ared to be an administrative
function,the authority and.responsibility for performing
which is imposed upon the Planning Commission and Community
Development Director and the action thereon by the Planning
Commission or Community Development Director shall be final
and conclusive except in the event of an appeal as hereinafter
provided.(Ord.1415 §3,1971:Ord.1059,1963:Ord.635,
1950:1949 Code §§9106.33,9106.34).
1,20.48.060 APPEAL.A.INITIATION OF APPEAL.In case
the applicant or any person,firm or corporation is not satis-
fied with the action of the Planning Commission or the Community
Development Director,he may appeal to the City Council by
filing a written notice of appeal with the City Clerk within
twenty-one (21)days after the decision is made.Said notice
of appeal shall be accompanied by a fee of Seventy-Five Dollars
($75).
B.DATE -NOTICE.The City Clerk shall set a date for public
hearing of the appeal and give ~otice as required in Section
20.48.040.The City Clerklhallnotify the appealing party
of the date set for the appeal and shall al so notify the
Planning Commission if the appeal is from a decision of the
Planning Commission,orth~Community Development Director if
the appeal is from a decisiori of the Community Development
Director.Upon receiving notice of an appeal to the City
Page 118.
VARIANCES
Chapter 20.48
Council,the written findings of the Planning Commission or
the Community Development Director shall be submitted to the
City Council,together with all maps,letters,exhibits and
other documentary evidence considered by the Planning Commis-
sion or the Community Development Director in reaching a
decision.
C.DECISION.The City Council shall render its decision
within 60 days after the filing of such appeal.(Ord.1415
§4,1971:Ord.1272,1968:Ord.1059,1963:Ord.635,1950:
1949 Code §§9106.34,9106.35).
Page 119.
PLANNED RESIDENTIAL
DEVELOPMENT
Chapter 20.50
Chapter 20.50
PLANNED RESIDENTIAL DEVELOPMENT
Sections:
20.50.010
20.50.020
20.50.030
20.50.040
20.50.050
20.50.060
20.50.070
20.50.080
20.50.090
20.50.100
20.50.110
20.50.120
20.50.130
20.50.140
20.50.150
20.50.160
20.50.170
Intent and Purpose.
Use Permit Required.
Application for Permit.
Application Contents.
Relocation of Structures in Common Area.
Land Area Required.
Dwelling and Uses Permitted.
Perimeter of Public Streets -Partial Waiver.
Conformance to Master Plan.
Maximum Building Coverage.
Minimum Land Area Per Dwelling Unit.
Minimum Floor Area.
Building Height.
Yards and Open Spaces.
Off-Street Parking.
Reports from Fire and Public Works Departments.
Conformance Requisite to Building Permit
Issuance.
20.50.010 INTENT AND PURPOSE.A planned residential
development is a development planned and designed as a unit to
produce an environment of stable,desirable character not out
of harmony with its surrounding neighborhood and which meets
standards of density,open space,light and air,pedestrian
and vehicular access,and traffic circulation similar to the
regulations of this Title for the R Districts in which such
development is to be located.(Ord.955,1961:1949 Code §
9108.1).
20.50.020 USE PERMIT REQUIRED.Planned residential
developments may be permitted in any R District when a Use
Permit is first secured for each such development.Such Use
Permit shall be subject to the regulations and requirements
of this Chapter and notwithstanding the provisions of Chapter
20.46 shall be processed in accordance with the terms of this
section.(1949 Code §9l08.2(a)added by Or-d ,955;April 10,
1961).
Page 120.
PLANNED RESIDENTIAL
DEVELOPMENT
Chapter 20.50
20.50.030 APPLICATION FOR PERMIT.A.FEE.Any
application for a Use Permit under the provisions of this
chapter shall be accompanied by a fee of Seven Hundred Fifty
Dollars ($750).
B.PROCESSING.Such application shall be processed by the
Planning Commission and transmitted to the City Council with a
recommendation for its approval or disapproval and by any
conditions the Planning Commission feels should be imposed.
The City Council may approve,disapprove or refer the same
back to the Planning Commission for further processing.Any
such permit is subject to the final approval of the City Council.
(1949 Code §9108.2(b,c)added by Ord. 935 and amended by Ord.
1272;September 10,1968).
20.50.040 APPLICATION CONTENTS.An application for
a planned residential development shall be in the form of an
application for Use Permit and shall be accompanied by the
following information,maps and plans:
(a)A boundary survey map of the real property;a
tentative subdivision map may be substituted if
the applicant proposes to subdivide the property.
(b)Topography of the development area and the proposed
finished grade shown in contour intervals of not to
exceed 2 feet upon request of the Planning Department.
(c)The gross land area of the development,the present
zoning classification thereof,and the zoning classi-
fication and land use of the area surrounding the
proposed development,including the location of
structures and other improvements.
(d)A general development plan with at least the follow-
ing details shown to scale and dimensioned:
1.Location of each existing and each proposed
structure in the development area,the use
or uses to be contained therein,the number
of stories,gross building and floor areas,
approximate location of entrances and loading
points thereof.
2.All streets,curb cuts,driving lanes,parking
areas,loading areas,public transportation
points,and illumination facilities for the
same.
3.All pedestrian walks,malls and open areas for
the use of occupants and members of the public.
Page 121.
PLANNED RESIDENTIAL
DEVELOPMENT
Chapter 20.50
4.Location and height of all walls,fences and
screen planting,including a detailed plan for
the landscaping of the development and the
method by which such landscaping is to be
accomplished.
5. Types of surfacing,such as paving,turfing or
gravel to be used at the various locations.
6. A grading plan of the area.
(e)Plans and elevations of one or more structures to
indicate architectural type and construction
standards.
(f)A verified petition for a change in zoning classi-
fication in accordance with Section 20.54,if such a
change in zoning classification is required to make
such development conform to the Master Plan.
(g)Such other information as may be required by the
City to assist in the consideration of the proposed
development.(1949 Code §9108.13 added by Ord.955;
April 10,1961).
20.50.050 RELOCATION OF STRUCTURES IN COMMON AREA.
After final approval of any Use Permit for a planned residential
development by the City Council,the Planning Director shall be
authorized to approve the relocation of fences,walls,swimming
pools,community buildings,utility buildings and facilities,
and off-street parking areas located within an open space or
recreational lot provided for the use and benefit of the family
dwelling units in the development.(1949 Code §9108.131 added
by Ord.1114;January 26,1965).
20.50.060 LAND AREA REQUIRED.A planned residential
development shall have sufficient land area to meet the
objectives set forth in Section 20.50.010.(1949 Code §
9108.3 added by Ord.955;April 10,1961}.
20.50.070 DWELLING AND USES PERMITTED.A. R-l DISTRICT.
Only single-family dwellings,and accessory uses and buildings
normally incidental thereto,shall be permitted in an R-l District.
B. R-2 DISTRICT.Only single-family dwellings,two-family or
duplex dwellings,or any combination thereof,and accessory
uses and buildings normally incidental thereto,shall be
permitted in R-2 Districts.
Page 122.
PLANNED RESIDENTIAL
DEVELOPMENT
Chapter 20.50
C. R-3 and R-4 DISTRICTS.Only single-family dwellings,two-
family or duplex dwellings,multiple or apartment dwellings,
or any combination thereof as approved by the Planning Commis-
sion,and accessory uses and buildings normally incidental
thereto,shall be permitted in an R-3 or R-4 District.
D.INSTITUTIONS AND SOCIAL ACTIVITIES.Community centers,
social halls,lodges,clubs,private recreational centers,
churches,schools,yacht clubs,and parks and playgrounds may
be permitted in a planned residential development in any R
district.All uses or buildings other than those specified
herein shall be prohibited.(1949 Code §9108.4 added by
Ord.955;April 10,1961).
20.50.080 PERIMETER OF PUBLIC STREETS -PARTIAL WAIVER.
A planned residential development shall be bounded on all sides
by public streets.
A partial waiver of this requirement may be permitted when it
is found and determined that such partial waiver will not be
inconsistent with adequate standards of pedestrian and vehicular
access and traffic circulation for the development and for the
area in which the development is located.(1949 Code §9108.5
added by Ord.955;April 10,1961).
20.50.090 CONFORMANCE TO MASTER PLAN.All planned
residential developments shall conform to the Master Plan of
the City of Newport Beach,and no such development shall be
approved unless such development does conform to the Master
Plan.(1949 Code §9108.6 added by Ord.955;April 10,1961).
20.50.100 MAXIMUM BUILDING COVERAGE.The maximum
building coverage for the development shall not exceed forty
percent (40%)of the land area being developed,exclusive of
land area being set aside for the rights-of-way of public or
private streets and alleys.(1949 Code §9108.7 added by
Ord.635;December 12,1950 as amended by Ord.1001;May 14,
1962).
20.50.110 MINIMUM LAND AREA PER DWELLING UNIT.The
minimum land area for each family dwelling unit,exclusive of
land area being set aside for the rights-of-way of public or
private streets and alleys,shall be not less than that
required for the district or districts in which such develop-
ment is to be located.(1949 Code §9108.8 added by Ord.635;
December 12,1950 as amended by Ord.1001;May 14,1962).
20.50.120 MINIMUM FLOOR AREA.There shall be a
minimum floor living area of 1,000 square feet for each family
dwelling unit in an R-l or R-2 District,and there shall be a
minimum floor living area of 600 square feet for each family
Page 123.
PLANNED RESIDENTIAL
DEVELOPMENT
Chapter 20.50
dwelling unit in an R-3 or R-4 District.Garage space shall
not be included in measuring this requirement.(1949 Code §
9108.9 added by Ord.955;April 10.1961).
20.50.130 BUILDING HEIGHT.The maximum building
heights shall be designated in the Use Permit,but shall in
no event exceed the building height limits specified in
Chapter 20.09.(Ord.1454 §21,September 11,1972:prior
1949 Code §9108.10 added by Ord.955;April 10,1961).
20.50.140 YARDS AND OPEN SPACES.The front and rear
yards and open spaces between buildings shall be designated in
the Use Permit.(1949 Code §9108.11 added by Ord.955;
April 10.1961).
20.50.150 OFF-STREET PARKING.The off-street parking
requirements for each such development shall be as follows:
(a)Two covered parking spaces for each family dwelling
unit in the development.
(b)There shall also be required for the use of visitors
and guests at least two additional parking spaces for
each family dwelling unit in the development.Such
parking spaces may be uncovered and shall be so
located as to be accessible to such visitors and
guests.This requirement for additional parking
for visitors and guests shall be waived to the extent
that the Planning Commission determines that there is
an equivalent number of parking spaces available
to serve the project when on-street parking spaces
and parking spaces in private driveways are taken
into consideration.
(c)The required parking spaces or any portion thereof
may be grouped when it is found and determined that
such grouping or parking spaces and the location
thereof will be accessible and useful in connection
with the proposed dwelling units in the development.
(1949 Code §9108.12 added by Ord.635;December 12,
1960 as amended by Ord.1114;January 25.1965).
20.50.160 REPORTS FROM FIRE AND PUBLIC WORKS DEPART-
MENTS.The application and accompanying information.maps,
and plans shall be submitted to the Fire Department and Public
Works Department and written,recommendations in connection
therewith shall be supplied by those departments before final
action is taken on such development.(1949 Code §9108.14
added by Ord.955;April 10,1961).