HomeMy WebLinkAboutARCHIVE_ZONING_REGULATIONS_04_1936 041936
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NEWPORT BEACH
CITY OF
CALIFORNIA
mi
id
Zoning Ordinance
No. 440
Adopted January 6, 1936
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ORDINANCE NO. 440. dinate building or portion of the designed and/or used to house not
main building, the use of which is more than one family, including
AN ORDINANCE ESTABLISH- incidental to that of the .main all necessary employees of such
ING LAND CLASSIFICATIONS building on the same lot. family.
AND DISTRICTS WITHIN "Accessory use": A use custom- "Dwelling, two-family": A build-
THE INCORPORATED TERRI. arily incidental and accessory to ing containing not more than two
TORY OF THE CITY OF NEW. the principal use of a lot or a kitchens, designed and/or used to
PORT BEACH AND REGU- building located upon the same lot. house not more than two families,
LATING THE USES OF PROP- "Alley": A public way which at- living independently of each, other,
ERTY THEREIN, ADOPTING fords a secondary means of access including all necessary employees
A MAP OF SAID DISTRICTS, to abutting property. of each such family.
DEFINING THE TERMS USED "Apartment house": Any build- "Dwelling, group": A combin-
IN SAID ORDINANCE, PRO- ing or portion thereof more than ation or arrangement of dwellings,
VIDING FOR THE ADJUST- one (1) story in height which is whether detached or not, on one
MENT, ENFORCEMENT AND designed, built, rented, leased, let (1) building site.
AMENDMENT THEREOF AND or hired out to be occupied or "Dwelling, multiple family": A
PRESCRIBING PENALTIES which is occupied as the home or building not more than one (1)
FOR ITS VIOLATION. residence of three (3) or more story in height, designed and/or
families living independently of used to house three or more £am-
The City Council of the City of each other and doing their cooking ilies, living independently of each
Newport Beach do ordain as fol- In the said building. other, Including all necessary em-
lows: "Automobile court," "camp," or ployees of each such family.
SECTION 1: General Purpose and "trailer camp": "Family": One person living
Adoption of Official 1—A group of two or more alone or two or more persons liv-
Land Use Plan. detached or semi-detached ing together, whether related is
For the public health, safety and buildings containing guest each other or not.
general welfare and in order (1) to r o o m s and/or apartments "Garage, private": An accessory
secure for the citizens of the City with automobile storage space building or an accessory portion of
of Newport Beach the social and provided in connection there- the main building, designed and/or
economical advantages resulting with; used only for the shelter or stor-
from an orderly, planned use of 2—Land used or intended to age of vehicles owned or operated
its land resources, (2) to provide be used for camping purposes by the occupants of the main
a definite, official land-use plan by automobile transients. building.
for the City of Newport Beach and "Basement": A story partly un- "Home occupation": Any voca-
(3) to guide, control and regulate derground and having at least tion, trade or profession carried on
the future growth and develop- one-half (1h) of its height, mess- within a dwelling by the inhabi-
ment of said City in accordance ured from its floor to its finished tants thereof, where only electric
with said plan, there is hereby ceiling, above the average adjoin- power, not in excess of an aggre-
adopted and established an official ing grade. A basement shall be gate of one (1) horsepower, is
Districting Plan for the City of counted as a story if the vertical used, no merchandise or other ar-
Newport Beach. Said plan is distance from the average adjoin- titles are displayed for advertis-
adopted pursuant to the authority Ing grade to its ceiling is over ing purposes and no assistants are
of Chapter 838, Statutes of 1929, five (5) feet. employed except as permitted in
State of California. "Building": A structure having certain districts.
SECTION 2: Definitions. a roof supported by columns or "Hotel": Any building or portion
This ordinance, embodying and walls. thereof containing six (6) or more
making effective the Land Use "Building height": The vertical guest rooms used or intended or
Plan of the City of Newport Beach, distance measured from the aver- designed to be used, let or hired
shall be known as "The Districting age level of the$ighest and lowest out to be occupied or which are
Ordinance," and, for the purpose point of that portion of the lot occupied by six (6) or more guests,
of this ordinance, certain words covered by the building to the cell, whether the compensation for hire
and terms are defined as follows: ing of the uppermost story. be paid directly or indirectly in
Words used in the present tense "Building site": The ground area money, goods, wares, merchandise,
include the future, words in the of a building or buildings together labor or otherwise and shall in-
singular number include the plur- with all open spaces as required elude hotels, lodging and rooming
al, and words in the plural num- by this ordinance, houses, dormitories, Turkish baths,
ber include the singular; the word "Bungalow court": Three or bachelor hotels, studio hotels, pub-
"building" includes the w..rd more detached one-story, one or lic and private clubs and any such
"structure," and the word "shall" two-family dwellings located upon building of any nature whatsoever
Is mandatory and not directory. a single lot under one ownership, so occupied, designed or intended
The term "City Council" when together with all open spaces as to be occupied, except jails, hos-
used shall mean the City Council required by this ordinance. pitais, asylums, sanitariums, or-
of the City of Newport Beach, and "Club": An association of per- phanages, prisons, detention homes
"Planning Commission"shall mean sons for some common purpose and similar buildings where hu-
the City Planning Commission of but not including groups organized man beings are housed and detain-
the City of Newport Beach. The primarily to render a service which ed under legal restraint.
1 word "City" when used shall mean is customarily carried on as a "Kitchen": Any room used or in-
the incorporated City of Newport business. tended or designed to be used for
Beach. "Dwelling, one-family": A build- cooking and/or preparation of
"Accessory building": A subor- ing containing but' one kitchen, food.
"Lot": Any area of land under SECTION 3: Establishing Districts The boundaries of such districts
one ownership abutting upon at and Limiting the an are shown upon the District
least one public street or a record- Uses of Land There- Map adopted by this ordinance or
ed casement. In. amendments thereto arc hereby
"Lot, corner": A lot located at In order to classify, regulate, adopted and approved, and the
the junction of two or more Inter- restrict and segregate the uses of regulations of this ordinance gov-
secting streets, with a boundary land and bulldinga,to regulate and crning the use of land and build-
line thereof bordering on each of restrict the height and bulk of ings, the height of buildings, the
the two streets and having a width buildings and to regulate the area sixes of yards about buildings and
nor greater than seventy-five (75) of yards, courts and other open other matters as hereinafter set
feet, spaces about buildings, the Incor- forth are hereby established and
"Lot, interior": A lot which is porated territory of the City of declared to be In effect upon all
not a corner lot is an interior lot. Newport Beach Is hereby divided land Included within the bounder-
"Lot, through": An interior lot into six (0) dlst Icts as follows: )es of each and every district
having frontage on two (2) parai- R-1: (Single-family) Residence shown upon said District Map.
lel or approxbnately parallel District; Except as hereinafter provided:
Streets. R-2: (Two-famlly) Residence 1—No building shall be erected
"Story": Any portion of a build- District; and no existing building shall be
Ing included between the finished R-3: (Multiple-family) Resi- moved, altered, kidded to or enhrg-
ceiling next above it or the finish- dens Dlmtrict; ed nor shall any land, building or
ed under-surface of the roof di- C-1: (Local) Business District; premises be used, designed or in-
reetly over that particular floor. C-2: (General) Business Did- tended to be used for any purpose
"Street": A public or private met; or In any manner other than a use
thoroughfare which affords a pri- M-1: Industrial District. listed in this ordinance or amcnd-
mary means of access to abutting The boundaries of said Districts meats thereto as permitted In the
property is a street to that prop- nball be determined and deflned district In which such land, bulld-
erty for the purpose of this ordin. by the adoption of a map, or maps, Ing or premises is located;
anee. covering the incorporated area of 2—No building shall be erected
"Structure": Anything a o n- the City which, upon final adop- nor shall any existing building be
strutted or erected and the use of tion, shall be a part of the official moved, reconstructed or atructur-
Dtaater .Plan of said City and shall ally altered to exceed in height the
rannenranieh requires more or less per- be known as the ""District Map." limit established by this ordinance
attach mention o e the ground or The District Map, showing the or amendments thereto for the dis-
attachment to soon o something having a classification and boundaries of trlct In which such building Is lo-
permanent location on the ground districts, after its final adoption In rated;
but not including walla and the manner required by law shall 3—No building shall be erected
fences less than seven ( feet In become and be a part of thin ordin- nor shall any existing building be
height and other Improvements of once, and said map and all nota- moved, altered, enlarged or rebuilt
a minor character. tlema, references and other Infer- nor shall any open spaces our-
"Structural. alterations": Any motion shown thereon shall there- rounding any building be en-
change in the supporting members after be as much a part of this croachcd upon or reduced In any
of a building such as bearing ordinance as if the matters and in. manner except In conformity with
walls, columns, beams or girders formation act forth by said map the building-site requirements and
and floor fo)ats or roof Joists. were fully described herein. the area and yard regulations em-
"Yard": An unoccupied space Wbcre uncertainty exists as to tabiished by this ordinance or
on a lot on which a building is sit- the boundaries of any district amendments thereto for the dis-
uated and, except where otherwise shown on maid District Map, the trlet In which such building Is In.
provided in this ordinance, open following rules shall apply: catcd.
and unobstructed from the ground (a) Whcre such boundaries are 4—No yard or other open space
to the sky. indicated as approximately follow- provided about any building for
"Yard, front": A yard extending Ing street and alley lines or lot the purposo of complying with the
across the frout of the lot between lines, such lines shall be construed regulations of this ordinance or
the inner slde-yard lines and mess- to be much boundaries; amendments thereto shall be con-
ured between the front line of the (b) Inunsubdlvidedpropertyand sidered an providing a yard or
lot and either: where a district boundary divides a open space for any other building
(a) The nearest lino of the lot, the locations of much boundar- or structure.
main building; ice, unless the same are Indicated SECTION 4: R-1 (Single-Family)
(b) The nearest line of any by dimensions, shall be determ)n- Residence District
enclosed or covered porch. ed by uno of the scale appearing on Regulations.
"Yard, rear": A yard extending such District Map; (a) Uses Permitted
across the full width of the lot (c) In came any uncertainty ex- 1—Farming, Including all
and measured between the rear lets, the Planning Commission types of agriculture and horti-
Ime of the lot and roar line of the shall determine the location of culture except (a) commercial
main building nearest said rear boundaries; dairies, (b) commercial ken-
line of the lot. (d) Where a public street or nels and rabbit-, fox-, goat-
"Yard, aide": A yard on each alley is officially vacated or aban- and other animal-raising
Bide of the building between the coned, the regulations applicable farms, (a) egg-producing
building and the side line of the to abutting property shall apply ranches and farms devoted to
lot and extending from the street to such vacated or abandoned the hatching, ral+ing, fatten.
line of the lot to the rear yard. street or alley. Ing and/or butchering of
— 2 —
chickens, turkeys and other feet to the front property line of and apartment houses;
poultry on a commercial scale, the building site. 3—Boarding and lodging houses;
(d) hog- and other live-stock- (a) Side Yard Required 4—Lodges, fraternities and aor-
feeding ranches and (a) ranch- Except as provided in Sections critics;
es operated publicly or pri- 10 and 11, each side yard shall be 5—Eleemosynary institutions;
vately for the disposal of not less than five (5) feet wide. 6—The following uses, subject
garbage, sewage, rubbish or (f) Rear Yard Required to the issuance of conditional per-
offal; Except as provided in Sections mits therefor as provided in Sec-
t—Flower and vegetable 10 and 11, the depth of the rear tion 11:
gardening; yard shall be not leas than twenty (a) Apartment hotels;
3—Nurseries and green- (20) feet. (b) Storage garages.
houses used only for purposes SECTION 6: R-2 (Two-Family) (b) Building-height Limit
of propagation and culture Residence District Two (2) stories and not to ex-
and not for retail sales; Regulations teed thirty-five (35) feet, except
4—Public parks; golf, swim- (a) Uses Permitted as provided in Section 10.
ming, tennis, polo, yacht and 1—All uses permitted in the R-1 (c) Building-site Area Required
country clubs; and similar rcc- district (See Section 4); Except in the case of existing
reational uses but not includ- 2—Two-family dwellings; recorded lots having a smaller
ing any sport, athletic, recrea- (b) Building-height Limit area as provided in Sections 10
tional or amusement enter- Two (2) stories and not to ex- and 11, the minimum building-site
prise operated as a business teed thirty-five (35) feet, except area shall be four thousand (4,000)
or for commercial purposes. as provided in Section 10. square feet, and in no case shall
5—One-family dwellings of (c) Building-site Area Required a two-family dwelling or apart-
a permanent character placcd Except in the case of existing ment house be permitted which
in permanent locations; recorded lots having a smaller area provides less than six hundred
6—Home occupations, of- as provided in Sections 10 and 11, (600) square feet of land area per
fices and studios, provided no the minimum building-site area family or housekeeping unit.
advertising sign, merchandise, shall be four thousand (4,000) (d) Front Yard Required
products or other material or square feet, but in no case shall a Same as R-2 District. (See Sec-
equipment is displayed for ad- one or two-family dwelling be per- tion 5).
vertising purposes; witted which provides less than (e) Side Yards Required
7—Accessory buildings, one thousand (1,000) square feet Except as provided in Sections _
uses and special uses as pro- of land area per family or house- 10 and 11, aide yards not less than
vided in Section 10; keeping unit. than three (3) feet wide shall be
8—One (1) unlighted sign (d) Front Yard Required provided for all dwellings or other
not exceeding six (6) square Except as provided in Section main buildings.
feet in area pertainial only to 10, no building shall be erected (f) Rear Yard Required
the sale, lease or hire of only closer than ten (10) feet to the Same as the R-2 District .(See
the particular building, prop- front property line of the building Section 5).
erty or premises upon which site. (g) Distance between Dwellings
displayed. No other advertis- (a) Side Yard Requireu on Same Lot
ing signs, structures or de- Except as provided in Sections No dwelling or other main build-
vices of any character shall be 10 and 11, each side yard shall ing shall be closer than ten (10)
permitted in any R-1 (Single- have a minimum width of three feet to any other dwelling or main
Family) Residence District; (3) feet. building on the same building site,
9—The following additional (f) Rear Yard Required and no detached accessory build-
uses, subject to the issuance Except as provided in Section ing shall be closer than five (5)
of conditional permits there- 10, no building shall be erected feet to any dwelling or main build-
for as prescribed in Section 11; closer than ten (10) feet to the ing except as provided in Section
(a) Public-utility building; rear property line of the building 10. '
(b) Churches, museums and site. SECTION 7: C-1 (Local) Busi-
libraries; (g) Distance Between Dwellings ness District Regu-
(c) Schools, colleges, pub- on Same Lot lations
lic playgrounds and,athletic No dwelling or other main build- (a) Uses Permitted
fields. ing shall be closer than fifteen 1—A11 uses permitted in the R-1,
(d) Real estate offices. (15) feet to any other dwelling or R-2 and,R-3 districts;
(b) Building-height Limit main building on the same build- 2—Any retail business or com-
Two (2) stories and not to ex- ing site, and no detached accessory merciai advertising structure in-
ceed thirty-five (35) feet, except building shall be closer than five cluding offices; banks; boat sales
as provided in Section 10. (5) feet to any main building ex- and rentals; theatres; studios; ho.
(o) Building-site Area Required cept as provided in Section 10. tels; beauty parlors; pool rooms;
Except as provided in Sections SECTION 6: R-3 (Multiple Fam- job printing; photograph galleries;
10 and 11, the minimum building- ily) Residence Dis- dressmaking, millinery, shoe re-
site area for each one-family trict Regulations pair, upholstering or tailor shop;
dwelling shall be six thousand (a) Uses Permitted barber shop; automobile and/or
(6,000) square feet. 1--All uses permitted in the R-1 marine service station, provided
(d) Front Yard Required and R-2 districts. (See Sections 4 no gasoline or Class "A'petroleum
Except as provided in Sections and 5); products in excess of a total of
30 and 11, no building shall be 2—Bungalow courts, dwelling five thousand (5,000) gallons and
erected closer than twenty (20) groups, multiple-family dwellings, five thousand (5,000) gallons of
3 —
other petroleum products per 2500 to the aide lines of the lot and (e) Rear Yard Required
square feet of lot area are stored, also except as provided In Sections Same as the C-1 District. (See
and provided further that not more 10 and 11. Section 7).
than a total of ten thousand (10,- (f) Rear Yard Required SECTION 0: M-i Industrial Dls-
000) gallons of each of the above Except as provided in Sections telot Regulations
classes of petroleum products per 10 and 11, the depth of the rear (a) Uses Permitted
block shall be stored upon prop. yard shall not be less than ten (10) 1—All uses permitted in the 11-1,
erty fronting upon or located feet. R-2, R-3, C-1 and C-2 districts;
within 100 feet of the waters of SECTIONS: C-2 (General) Busi- 2—Any other use except the fol-
Newport Bay; automobile or boat ness Distrlot Regu- lowing:
display room; parking lot or star- lations Abattoirs;
age garage; business college; (a) Uses Permitted Asphalt-mixing, -refining
lodge hall; utility office, exebange 1—Ail uses permitted in the R-1, and -atorago plants;
or sub-station; and police and fire Rr2, R-3 and C-1 districts; Bag manufacturing and
stations; 2—Any business of a retail or cleaning;
3—Any other retail business or wholesale type and any light Blast furnace;
retail commercial enterprise which manufacturing using only electric Boller works;
Is similar In character to and In power, not in excess of an aggre- Breweries;
the Judgment of the Planning Com- gate of five (5) horsepower, but Coke ovens;
mission is not more detrimental to not including the following uses: Cooperage works;
the welfare of the neighborhood Automobile wrecking; Cordage mills;
In which located than any use list- Beverage manufacturing or Crude all handling and/or
ed above but not including the foi- bottling; trans-shipping.
lowing types of uses: Curpot-cleaning plants; Distillation of coal, wood or
Amusement resorts; Cleaning and dyeing plants; bones;
Automobile courts, camps Fender and body repair Distillation of liquor or
or trailer camps; shops; spirits;
Automobile laundries; Iee and cold-storage plants; Fat rendering;
Automobile-race tracks and Laundries; Fertilizer works;
motordromes; Lumber yards; Fish curing and grinding;
Automobile-wrecking yards; Milk-bottling plants; Fish canneries and/or re-
Bakeries; Salvage yards; duction plants;
Beverage bottling; Sheet-metal shops; Foundries;
Boat-building and repair Shooting Galleries; Fur or hldo curing and
shops; Storage of gasoline or Class tanning;
Bowling alleys; "A" petroleum products in ex- Incinerator, commercial;
Cleaning and dyeing plants; cess of a total of five thous- Manufacturing of:
Fender- and body-repair and (5,000) gallons and five Acids,
shops; thousand (5,000) gallons of Aluminum,
Junk yards; other petroleum products per Ammonia,
Laundries; 2600 square feet of lot area Ammunition,
Lumber yards; are stored, and provided fur- Aniline dye,
Marine railways or dry- ther that not more than a Asbestos products,
docks; total of ten thousand (10,000) Asphalt,
Milk bottling and/or dts- gallons of each of the above Bleaching powder,
trlbuting; classes of petroleum products Cans,
Roller-skating rink; per block shall be stored upon Caouthebouc products,
Salvage yards; property fronting upon or lo. Carborundum products,
Sheet-metal shops; cated within 100 feet of the Cascln products,
Shooting galleries; waters of Newport Bay. Celluloid,
Storage yard or warehouse; (b) Bullding-height Limit Cement,
Undertaking or mortuary Except as provided in Section Chalk,
parlor; 10, the maximum building height Charcoal,
Veterinary hospitals. shall not exceed the width of the Cheese,
(b) Building-height Limit street or the widest street upon Chemicals,
Two (2) stories and not to ex- which the building faces, except, Cottonseed oil,
teed thirty-five (35) feet, except however, that towers or portions Disinfectants,
as provided In Section 10. of any building may exceed the Felt,
(a) Bullding-site Area Required above maximum-height limit pro- Fertilizer,
Except as provided in Sections vidcd the total cubago of the build- Fireworks,
10 and 11, the minimum building- ing doss not exceed that of a Graphite,
site area for dwellings shall be structuro occupying the entire Grease and tallow,
four thousand (4,000) squats feet. building nito and of the maximum Gunpowder,
(d) Front Yard Required allowable height. Gutta percha,
None, except as provided in Sea (a) Building-site Area Required Gypsum,
tion 10. Same as the C-1 District .(Sea Aides,
(e) Side Yards Required Section 7). Xalsomine,
None except that buildings used (d) Side Yards Required Lampblack,
solely for dwelling purposes shall Same as the C-1 District. (See Lard,
not be closer than three (3) feet Section 7). Linseed oil,
4 —
Malt products, addition to those hereinbefore men- following yard regulations:
Matches, tioned, shall be permitted, in any (a) E x c e p t as provided
Oilcloth, district, provided that such acces- herein, the minimum front
Oleomargarine, sory uses do not alter the char- yard shall be,ten (10) feet;
Ordnance, acter of the premises in respect to (b) The minimum side yard
Oxygen gas, their use for the purpose permitted shall be three (3) feet;
Paint and lacquer, in such respective districts: (c) The minimum rear yard
Paper and paper pulp, 1—The renting of rooms and/or shall be ten (10) feet.
Pickles, the providing of table board for 2—Any plot shown upon an of-
Plaster of Paris, not to exceed five (5) paying ficial subdivision map duly ap-
Potash, guests in a dwelling as an acces- proved and recorded or any lot
Printing ink, sory use to that of its occupancy for which a deed is of record in
Pumice, as a dwelling of the character per- the office of the County Recorder
Rope, mitted in the respective districts; of Orange County or any iot for
Rubber, 2—The operation of necessary which a valid contract of sale is
Salt, facilities and equipment in con- in full force and effect at the time
Sauerkraut, nection with schools, colleges, uni- this ordinance becomes effective
Sausage, versities, hospitals and other in- may be used as a building site;
Shellac and varnish, stitutions permitted in the respec- 3—Front yard regulations as es.
Shoddy, tive districts; tablished by this ordinance shall
Size and glue, 3—News and refreshment stands not be effective in the following
Snuff, in connection with inter-urban cases:
Soap, passenger stations; (a) On any street where a
Soda and washing com- 4—Recreation, refreshment and building set-back line has been
pound, service buildings in public parks, established by ordinance or by
Soda ash, playgrounds and golf courses; deed restrictions, or
Stove polish, 5—Real-estate offices of a tem- (b) where five (6) or more
Tar, porary character when built ac- existing dwellings on one aide
Tar paper, cording to plans and in legations of a street, in the same block
Tar products, approved by the Planning Com- have in fact established a
Tires, mission. building line.
Turpentine, (b) Height In the latter case the front yard
Vinegar, 1—Towers, gables, spires, pent- shall be computed as the average
Waste-paper products, houses, scenery lofts, cupolas, set-back of such existing dwell-
White lead, water tanks, silos, artificial wind- ings.
Wood pulp, breaks, wind mills and similar 4—In computing the depth of a
Yeast, structures and necessary mechan- rear yard from any building where
Zinc products; ical appurtenances may be built such yard opens on a street, alley,
OR drilling; and used to a greater height than public park or beach, one-half,(i/8)
OR refining•, the limit established for the dis- of the width of such street, alley,
Rock crushing; trict in which such structures are park or beach may be deemed to be
Rolling mills; located, provided, however, that a portion of the rear yard;
Shell grinding; no structure in excess of the allow- 5—A detached accessory build-
Smelters; able building height shall be used ing not exceeding one (1) story in
Stock yards; for sleeping or eating quarters or height may occupy not more than
Wool scouring and pulling. for any commercial purpose other two-thirds (2/3) of the area of a
(b) Building-height Limit than such as may be incidental to rear yard;
Same as the C-2 District. (See the permitted uses of the main 6—Where an accessory building
Section 8). building; is attached to and made a part of
(a) Building Site Required 2—Where the average slope of a the main building, at least fifty
Except as provided in Sections lot is greater than one (1) foot per cent (50%) in the length of
10 and 11, the minimum building rise or fall in seven (7) feet of one of the walls of such accessory
site for dwellings shall be four distance from the established building shall be an integral part
thousand (4,000) square feet. street elevation of the property of the main building and such ac-
(d) Front Yard Required line, an additional story will be cessory building shall comply in
Same as the C-1 District. (See permitted on the downhill side of all respects with the requirements
Section 7). any building. of this ordinance applicable to a
(a) Side Yards Required (c) Area Exceptions main building. An accessory
Same as the C-1 District. (See 1—In any R-1 (Single-Family) building, unless attached to and
Section 7). Residence District any lot having made a part of the main building
(f) Rear Yard Required an area less than five thousand as above provided for, shall be not
Same as the C-1 District. (See (5,000) square feet of record or closer than five (5) feet to the
Section 7). for which a valid contract of sale main building.
SECTION 10: General Provisions is in force at the time of passage 7—Detached accessory buildings
and Exceptions of this ordinance or which is in Districts R-1, R-2 and R-3 shall
The foregoing regulations shall shown upon any subdivision map conform to the following regula-
be subject to the following excep- approved for record by the City Lions as to their location upon the
tions: Council may be used as a building lot, provided, however, that where
(a) Uses site for one single-family dwell- the slope of the front half of the
The following accessory uses, in ing and will be subject to only the lot is greater than one (1) foot
— 5 �
rise or fall in a seven (7) foot run for traffic purposes; proved by the Planning Commis-
from the established street eleva- 4—To allow the extension of a sion;
tion at the property line, or where district where the boundary line Storage garages, upon condition
the elevation of the front half of thereof dhfldca a lot in one owner- that the location and building
the lot is more than tour (4) feet ship at the time of the passage of plans be approved by the Planning
above or below the established this ordinance; Commission.
street elevation at the property 0—To allow specified types of (—To permit the reconstruction
line, a private garage may be built uses and buildings in the R-1, R-2 and/or remodeling of a norecon-
to the street and side lines; and R-3 Districts as provided in forming building in accordance
S—In the ease of a corner lot the use regulations of such dls- with plans and specifications ap-
abutting upon two streets, no ac- tricts under conditions which will proved by the Planning Commis-
cessory building shall be erected, preserve the integrity and char- sion where In the judgment of said
altered or moved so as to en- actor of the district, the utility and Commission such reconstruction
croach upon the front half (;y) of value of adjacent property and the end/or remodeling will,in the mat-
such lot; general welfare of the neighbor- ter of front, side and rear yards,
9—Porches, terraces and outside hood, such conditions being speci- structural character and exterior
stairways, unroofed and un•enclos- fied as follows: appearance of said building, make
ed above or below floor or steps Publlo-utility buildings and suld non-conforming building safer
shall not project more than three structures, and more healthful and bring it
(3) feet into any rear or side yard. andndexterior upon condition terlar building planss b b plot e ap- and its eubsyqucat uses into fair.
SECTION 11: Variances and Con- proved by the Planning Commis- er conformit• with its surround-
ditional Pormits sion; logs.
The City Council, after receipt Cemotcrles, mausoleums and Application for any permissible
of a report and the recommenda- crematories, upon condition that variance of regulations or for any
tion of the Planning Commission (1) the area of any cemetery be conditional permit as provided for
in each case, as hereinafter pro- not Less than twenty (20) acres herein shall be made to the Plan-
vided, shall bavo the power to and (2) that all landscape and nag Commission in the form of a
grant adjustment and variances In architectural plans be approved by Said
application for c permit.
the application of provisions of said application shall be accompan-
this ordinance and to authorize the Planning Commission; led by:
the Issuance of conditional permits Churches, museums and librar• 1—Comploto plans and descrip-
for the following purposes: les, upon condition that the loco• tion of the property involved and
1—To authorize under such con- tion and plans for the exterior the proposed use with ground
ditions as the Planning Commis- treatment and ground layout plans and elevations of all ero-
sion may prescribe the issuance of thereof be submitted to and ap- posed buildings;
permits for the use of lots in any proved by the Planning Commis. 2—Evldcnco, satisfactory to the
subdivision pending the amend- blon; Planning Commladon, of the abll-
ment of district boundaries within Schools, colleges, public play- ity and intention of the applicant
said subdivision In accordance grounds and athletic fields, upon to proceed with actual construe-
with recommendation of the Plan- condition that (1) an aroa ado• tion work in accordance with said
ning Commission, provided the quata in the judgment of the Plan• plans within six (a) months after
map of such subdivision has been nag Commission, be provided to issuance of permit.
approved by the Planning Commis- reduce possibility of injury to ad- Upon receipt in proper form of
also and the City Council subse- joining residential properties and buy such application, the Planning
quent to the passage of this ordin- (2) building and plot plans be ap. Commission shall post said appli-
ance and Is duly recorded in the proved by the Planning Commis- cation and all maps, plans and
office of the County Recorder of sion; other accompanying material in
Orange County; Real Estate Offices, upon condl- Its offices for pubdc Inspection for
2-To allow a reduction of lot- tion that (1) an agreement to re- a period of not less than one (1)
area requirements and front-, side- move same within a sp^clfled week and shall hold a public hear.
and rear-yard regulations where in time be signed by the company or Ing thereon ,notice of which shall
the judgment of the Planning Com- agent, and (2) building plans be be given by one (1) publication In
mission the shape of the building approved by the Planning Com- a legal newspaper circulating in
site, topography, the location of mission; the particular section of the city
existing buildings or other condl- High-voltage power-transmission affected by said application. At
tions make a strict compliance lines, upon condition that the lo- bald hearing the applicant shedi
with said regulations impossible cation plans be approved by the Present a statement and adequate
without practical difficulty or Planning Commission before the evidence, in such form as the Plan-
hardship, but In no ease except as purchase of rights-of-way; ring Commission may require,
hereinafter provided shall these Apartment hotels, upon cond(- showing:
regulations be reduced more than tion that (1) the area covered by 1—That there arc special cir-
fifty (00) per cent or in such a buildings shall not exceed forty cumskmoes or conditions appli-
manner as to violate the intent and (40) per cent of the area of the cable to the property referred to in
purpose of this ordinance; building site, (2) accessory com- the application;
3—To adjust front-yard require- mercial uses shall have no direct 2—That the granting of the ap-
ments on existing streets or ways entrances from any street and pllcation 1s necessary for the pre-
less than thirty (30) feet in width shall maintain no signs or advor- servatlon and enjoyment of sub•
where, in the judgment of the tiling displays of any kind visible stautial property rlghts;
Planning Commission, such streets from the exterior and (3) all 3—That the granting of such
or ways are of minor Importance building and plot plans shall be ap- application will not materially af-
_ 6 —
feet the health or safety of per- of this ordinance may be continu- this ordinance to interfere with or
sons residing or working in the ed, although such use does not abrogate or annul any easements,
neighborhood and will not be ma- conform with the provisions here- covenants or other agreements be-
terially detrimental to the public of, and such use may be extended tween parties, provided, however,
welfare or injurious to property or throughout the building provided that where this ordinance imposes
improvements in the neighborhood. no structural alterations, except a greater restriction upon the use
If the Planning Commission those required by law or ordinance of buildings or premises or upon
finds that detriment or injury to or permitted under Section 11 of height of buildings or requires
the neighborhood will not result this ordinance, are made therein. larger space than is imposed or
from issuance of a permit as ap- Tf no structural alterations are required by other ordinances, rules
plied for, it may approve said per- made, a non-conforming use of a or regulations or by easements,
mit and transmit the same, to- building may be changed to an- covenants or agreements, the pro-
gether with the complete report of other non-conforming use of the visions of this ordinance shall gov-
its findings and recommendations, same or more restricted classifi- ern.
to the City Council for approval cation. SECTION 14: Building Permits
and endorsement. In the event the If at any time any building Before commencing any work
Planning Commission disapproves which does not conform to the pertaining to the erection, con-
any such application, , no permit regulations for the district in struction, reconstruction, moving,
shall be issued therefor except up- which it is located shall be des- conversion, alteration or addition
on order of the City Council pass- troyed by fire, explosion, Act of to any building or structure with-
ed by a full affirmative vote of God or act of the public enemy in any district shown upon the dis-
all members thereof. In approving to the extent of more than seven- trict map of the City of Newport
any varience or recommending the ty-five (75) per cent of the assess- Beach duly adopted and made a
issuance of any conditional per- ed value thereof, according to .the part of this ordinance, a permit
mit under the provisions of this assessment thereof by the said for each separate building and/or
section, the Planning Commission Assessor for the fiscal year during structure shall be secured from the
shall designate such conditions in which such destruction occurs, Building Inspector of said City of
connection therewith as will, in its then and without further action Newport Beach by the owner or
opinion, secure suostantially the by the City Council the said build- his agent for said work, and it
objectives of the regulation or pro- ing and the land on which said shall be unlawful to commence
vision to which such variance is building was located or maintain- said work until and unless said
granted or provide adequately for ed shall from and after the date permit shall have been obtained.
the maintenance of the integrity of such destruction be subject to The issuance of a building per-
and character of the district in all the regulations specified by mit under the authority of this
which such conditional permit is this ordinance for the district in and/or any other ordinance of the
granted and shall provide the which such land and building are City shall not be deemed or con-
Building Inspector with a copy of located. strued to permit or authorize any
same. The foregoing provisions shall violation of'any of the provisions
Where necessary, the City Coun- also apply to non-conforming uses of this ordinance or amendments
ell may require guarantees, in in districts hereafter changed. thereto or of any other ordinance
such form as it may deem proper In every case in which, under or law.
under the circumstances, to insure the provisions of any ordinance of SECTION 15: Certificates of Use
that the conditions designated in the City of Newport Beach or any and Occupancy
connection therewith are being or statute in effect at the time this No vacant land in any district
will be complied with. The Plan- ordinance takes effect, a license established under the provisions of
ning Commission is authorizeC to or permit is required for the main- this ordinance shall hereafter be
make a uniform charge not to ex- tenance of any structure or the es- occupied or used, except for agri-
ceed ten dollars ($10.00) payable tablishing, maintaining and/or cultural uses other than live-stock
to the City Clerk, to partially cov- conducting of any business use, farming or dairying, and no
er the cost of making maps, scud- and any structure or business use building hereafter erected, struc-
ing out notices and other Inci- exists as a non-conforming use turally altered or moved in any
dental administrative expenses in- under the provisions of this or- such district shall be occupied or
volved in any petition for a var- dinance, then no such license or used until a certificate of use and
lance or conditional permit, said permit shall be authorized, issued, occupancy shall have been issued
charge being due and payable at renewed, re-issued or extended for therefor by the City Building In-
the time of filing the application said business use unless and until spector.
for permit. a use and occupancy permit shall Application for a certificate of
SECTION 12: Non-Conforming first have been secured for the use and occupancy for a new
Uses continued maintenance of said building or for an existing build-
The lawful use of land existing structure or use. ing which has been altered or mov-
at the time of the passage of this SECTION 13: Interpretation, ed shall be made at the same time
ordinance, although such use does Purpose and as the application for a building
not conform to the provisions Conflict permit. Said certificate shall be is-
hereof, may be continued, but if In interpreting and applying the sued within three (3) days after
such non-conforming use is dis- provisions of this ordinance, they a written request for the same
continued any future use of said shall be held to be the minimum shall have been made to the said
land shall be in conformity with requirements for the promotion of Building Inspector after the erec-
the provisions of this ordinance. the public safety, health, conven- tion, alteration or moving of such
The lawful use of a building ex- ience, comfort, prosperity or gen- building or part thereof shall have
fisting at the time of the passage eral welfare. It is not intended by been completed in conformity with
— 7 —
the provisions of this ordinance. signed or intended to be used for Ignated by the Planning Commie-
Pending the issuance of such a commercial purposes Is erected, slon as controlling with respect
certificate, a temporary certificate constructed, altered or moved to the particular district in which
of use and occupancy may be is- within a C-1 or C-2 District upon the proposed building is to be
sued by the said Building Iaspec- property abutting any Primary or erected, constructed, altered or
for for a period of not exceeding Secondary State Highway, major moved If the Building Inspector
six (6) months during the com- traffic thoroughfare, or Class-A acting as agent of the Planning
pletion of alterations or during county road as shown upon any Commission and after consultation
partial occupancy or use of a Official Highway Plan of the City with the architectural advisory
building pending its completion. or County, drawings or sketches committee disapproves any plan,
such temporary certificate shall showing the exterior elevations of he shall Immediately file said plane
mot be construed as In any way the proposed building or structure, and a statement of his reasons for
Altering the respective rights, the types of materials and colors disapproval with the secretary of
duties or obligations of the own- to be used and signs to be dis- the Planning Commission. The
era or of the City relating to the played shall be filed with the Plan- Planning Commission, not later
use or occupancy of the premises wing Commission and shall be ap- than Its first regular meeting
or any other matter covered by proved by said Planning Commis- thereafter, shall either approve
this ordinance, and such tempor- slon or Its designated agent before said plans or any revision thereof
ary certificate shall not be Issued any permit for the construction of pad direct the Building Inspector
except under such restrictions and said building shall be issued, to issue A permit for the building
provisions as will adequately in- The Planning Commission may in question or disapprove the plans.
sure the safety of the occupants. designate the City Building In- In case of final disapproval by
Written application for a certif- specter as its agent to receive and the Planning Commission of any
icate of use and occupancy for the approve said plans in behalf of plans submitted In compliance with
use of vacant land or for a change Eald Commission when in his this section, copies of the plane
in the character of the use of judgment the plans conform to the with the findings of the Planning
land, as herein provided, shall be general architectural requirements Commission and reasons for their
made before any such land shall established for the district In disapproval attached shall be filed
be no occupied or used, except for which the building is to be located, immediately with the Clerk of the
agricultural purposes other than The Building Inspector shall act City Council, and said City Council
live-stock farming or dairying. upon all such plans within thirty at its next regular meeting shall
Such a certificate of use and oc- (30) days after their receipt, and either approve said plane and or-
cupancy shall be issued within failure to notify the applicant of der the issuance of a permit for
three (3) days after the applica- disapproval of said plans within the building in question or return
tion therefor has been made, pro- such period, unless the applicant the plans to the applicant with a
vided such use Is in conformity consents to an extension of time, statement indicating the reasons
with the provisions of this ordin- shall constitute approval of the for disapproval.
ance. plans in so far as this section of SECTION 18: Completion of
Every certificate of use and oc- this ordinance is concerned. Building
cupancy shall state that the build- For the guidance of the Building Nothing herein contained shall
ing or proposed use of building or Inspector in passing upon all plans require any change In the plans,
land complies with all provisions submitted In compliance with this construction or designated use of
of law and of this ordinance. A section, the Planning Commission a building for which a building
record of all certificates of use shall by resolution duly recorded permit has heretofore been issued
and occupancy shall be kept on in Its minutes adopt certain gen- and upon which actual construe-
file in the office of the said Build- eral rules and specifications and tion has begun.
ing Inspector and copies shall be such illustrative architectural Actual construction Is hereby
furnished on request to any person drawings showing desirable stand- defined to be the actual placing of
having a proprietary or tenancy in- Ards and types of design, pater- construction materials In their
terest in the building or land at- ials, colors and styles of signs and permanent position fastened In a
feeted.No fee shall be charged for lettering as will provide a basis permanent manner, except that
a certificate of use and occupancy. and guide for the approval of plane where a basement is being exca-
No permit for excavation for for proposed buildings in each C-1 voting shall be deemed to be ac-
any building shall be issued be. and C-2 district. The Planning tual construction, or where demo-
fore application bus been made for Commission shall appoint and des- Iition or removal of An existing
a certificate of use and occupancy. ignate one of its members as chairs building has been begun prepara-
SECTION 16: Plans man of an unofficial architectural tory to rebuilding such demolition
All applications for building per- advisory committee of three (3), or removal shall be deemed to be
mite shall be Accompanied by a two of whom shall be registered actual construction, provided in
drawing or a plot plan made to architects, to cooperate with the all cases that actual construction
scale, showing the lot and the Building Inspector and to servo work be diligently carried on until
building site or sites, the proposed with him in behalf of the Planting the completion of the building.
location of the building or build- Commission in passing upon arcbi- SECTION 19: Amendments a n d
Inge on the lot, accurate dimen- tcctural plans filed as required Changes of 018-
sions of building and lot and such herein. trlot Boundaries,
other information as may be nec- In reviewing and judging such The City Council of the City of
essary to provide for the enforce- plane, the Building Inspector shall Newport Beach may from time to
ment of this ordinance. give primary consideration to the time, after report thereupon by
SECTION 17: Approval of Plans general rules, specifications and the Planning Commission and af-
Before any building which is de- official illustrative material des- ter public hearings as required by
— S —
law, amend, suplement or change any petition for a change in these erecting, building, moving or
the regulations and districts here- regulations, said charge being due maintaining any such building or
in or subsequently established. An and payable at the time of filing using any property contrary to
amendment, supplement or change any petition or request for change. the provisions of this ordinance.
may be initiated by the City SECTION 20: Enforcement, Legal All remedies provided for here-
Council, by the Planning Commie- Procedure, Penal- in, shall be cumulative and not ex-
sion or by petition of the property ties elusive.
owners. It shall be the duty of the City SECTION 21: Sale of Copies
Whenever the owner of any Building Inspector to enforce the Copies ofmaps, charts, plats and
land or building desires a reclassi- provisions of this ordinance per- other descriptive matter regarding
fication of his property, he shall taining to the erection, construe- the Master Plan as made and pro-
present to the City Council a peti- tion, reconstruction, moving, con- vided for in this ordinance may
tion duly signed and acknowledged version, alteration or addition to be sold by the Planning Commis-
by him requesting an amendment, any building or structure. sion of said City at the uniform
supplement or change of the re- It shall be the duty of the Police charge of one dollar ($1.00) per
gulations prescribed for such pro- Department of the City of New- copy, and all moneys received
perty. The City Council shall re- port Beach and of all officers of therefrom shall be paid into the
fer the petition to the Planning said City otherwise charged with City Treasury as provided by law.
Commission for such hearings as the enforcement of the law to en- SECTION 22: Repealing
may be required by law for a- force this ordinance and all the All ordinances of the City of
mendments, extensions or addi- provisions of the same. Newport Beach inconsistent here-
tions to the districting plan, for Any person, firm or corporation, with, to the extent of such incon-
recommendations upon the bound- whether as principal, agent, em- sistency and no further, are here-
aries of the district to be changed ployee, or otherwise, violating any by repealed.
and such other matters as may be provisions of this ordinance shall SECTION 23: Enactment
related to said petition and shall be guilty or a misdemeanor and, This ordinance shall take effect
take final action upon said petI- upon conviction thereof, shall be thirty (30) days from and after
tion within ninety (90) days after punishable by a fine of not more its adoption and, prior to fifteen
the filing thereof. than five hundred dollars (15) days from the adoption there-
The City Council, after receipt ($500.00) or by imprisonment in of, shall be published for at least
of report and recommendation the City Jail for a term not ex- one (1) week in NEWPORT
from the Planning Commission, ceeding six (6) months or by both NEWS, a newspaper published in
shall hold a final hearing there- such fine and imprisonment. Such the City of Newport Beach, State
upon, duly advertised as required person, firm or corporation shall of California, together with the
by law. If at the time of the final be deemed guilty of a seperate, names of the members of the City
hearing before the City Council a offense for each and every day Council voting for and against the
protest against such amendment, during any portion of which any same.
supplement or change is presented violation of this ordinance is com- The above and foregoing Or.
duly signed and acknowledged by mitted, continued or permitted by dinance was introduced at a regu-
the owners of twenty (20) per such person, firm or corporation lar adjourned meeting of the City
cent or more of the area for which and shall be punishable as herein Council of the City of Newport
a change of classification is re- provided. Beach held on the 30th day of Re-
quested or proposed, or by the Any building set up, erected, cember, 1935, and was finally pass-
owners of twenty (20) per cent of built, moved or maintained and/or ed and adopted on the 6th day of
all dwellings within three hundred any use of property contrary to January, 1936, by the City Council
(300) feet thereof, or by the own- the provisions of this ordinance at a regular meeting thereof, by
era of twenty (20) per cent of all shall be and the same is hereby the following vote, to-wit:
land adjacent thereto and within declared to be unlawful and a pub- AYES, COUNCILMEN: Gordon,
three hundred (300) feet thereof, lic nuisance, and the City Attorney Claire, Ellsworth, Garfield, Hil-
no such amendment, change or shall, upon order of the City Conn- mer.
supplement shall be adopted ex- oil, immediately commence action NOES, COUNCILMEN: None.
cept by a four-fifths (4/5) vote of or actions, proceeding or proceed- ABSENT, COUNCILMEN
the full membership of the City ings, for the abatement, removal None.
Council. and enjoinment thereof in the ATTEST:
The Planning Commission is manner provided by law and shall FRANK L. RINEHART,
authorized to make a uniform take such other steps and shall City Clerk
charge not to exceed ten dollars apply to such court or courts as The above and foregoing Ordi-
($10.00), payable to the City may have jurisdiction to grant nance is signed and approved by
Clerk, to partially cover the cost such relief as will abate and re- me this 6th day of January, 1936.
of making maps, sending out no- move such building or use and re- HERMANN HIT R.
tices and other incidental ad- strain and enjoin any person, firm Mayor of the City of Newport
ministrative expenses involved in or corporation from setting up, Beach.
_ g _
DISTRICT MAP
ADOPTED BY RESOLUTION OF �O
�l THE CITY PLANNING COMMISSION
NEWPORT BEACH - NOVEMBER 2% 1935 �� I46R '
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SYMBOL DISTRICT
QD E� R I (SINGLE—FAMILY) RESIDENCE DISTRICT
^Y 3 -Q,T1s_,a: ze � o
1 s _ ® R-2 (TWO-FAMILY) RESIDENCE DISTRICT �, N
® R 3 (MULTIPLE-FAMILY) RESIDENCE DISTRICT
THIS MAP AND ALL MATTERS SHOWN THEREON ARE A PART OF +� [' C- I (LOCAL) BUSINESS DISTRICT
ORDINANCE No 440 PASSED AND ADOPTED BY HE CITY COUNCIL j CY C-2 (GENERAL) BUSINESS DISTRICT
� 1 ON JANUARY 6, 1936, AS BEING PART OF M T,�gJ PLAN OF M I INDUSTRIAL DISTRICT LecEno
THE CITY OF NEWPORT BEACH, CALIFOI Az ' ,,rmn----
C/TY CLERK
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