HomeMy WebLinkAboutZONING CODE_1995 (2),,
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CITY OF NEWPORT BEACH
ZONING
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RECODIFIED BY ORDINANCE NO. 1657
Adopted February 9, 1976 '
Effective March 10, 1976
REVISIONS SUBSEOUENTTO ORIGINALPRINTING - CONTINUEDI
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Effective Date
April 12,1995
April 12,1995
April 26,1995
June 21,1995
July26,1995
September 14,1995
September 27,1995
October 11,1995
Section
20.10.050,20.10.060
20.69.070,20.69.080
20.30.035, 20.30.040,
20.87.037,20.87.227
20.1O.025F
20.33 (table)
20.30.035,20.30.040,
20.33.050,20.72.018,
20.72.060
20.33 (table,
20.61.060,20.62.050,
20.63.030,20.63.040,
20.63.045,20.65 (table)
20.72.015E
Ordinance
95-5
95-6
95-10
95-18
95-19
95-30
95-31
95-39
I REVISIONS SUBSEOUENT TO ORIGINAL PRINTING-CONTINUED
I Effective Date Section Ordinance
I March 16,1994 20.11.040,20.13.025,94-3
20.14.025,20.15.025,
I
20.16.030,20.17.030,
20.19.030,20.61.050
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May 11,1994 20.72.010,20.72.015,94-17
20.72.030,20.81.020
Chapter 20.33 Chart
I May 25,1994 20.01.070,20.51.045,94-20
20.75.045,20.77.050,
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20.80.060,20.80.070,
20.80.075,20.81.070,
20.82.050,20.82.060,
I 20.82.070,20.84.040,
20.84.060,20.85.010
I May 25,1994 20.02.050(F)94-21
June 22,1994 Chapter 20.33 Chart 94-24
I July27,1994 20.62.030(B)(2)94-28
I July27,1994 20.81.020 94-29
August 10,1994 20.02.071 94-35
I August 24,1994 20.74.010,20.74.020 94-38
-I October 12,1994 Chapter 20.65 94-44
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November 9,1994 20.73.015,20.73.020 94-47
20.73.025,20.73.030
20.73.035,20.81.020
I November 23,1994 20.10.025(1)94-51
I November 23,1994 20.72.010(A),20.87.265 94-52
December28,1994 20.72.010(A),(E),(F),(G),94-55
I 20.87.325
February 22,1995 Chapter 20.67 95-2
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I REVISIONS SUBSEOUENT TO ORIGINAL PRINTING -CONTINUED
I Effective Date Section Ordinance
I May 13,1992 20.72.010 92-6
I May 13, 1992
20.02.061, 20.06.090
92-7
20.06.100, 20.10.030
I 20.81.020
June 25, 1992
20.02.030 92-3
I June 25, 1992
20.02.025 92-22
I June 25, 1992
20.10.022 92-24
July 8, 1992
20.87.090 92-26
I July 22, 1992
20.74.020 92-29
I August 26, 1992
20.10.025 92-34
September 23, 1992
20.10.030, 20.11.020
92-43
I 20.13.015, 20.13.025
20.14.025, 20.15.025
I September 23, 1992
20.02.060, 20.81.020
92-44
December 9, 1992
20;01.040, 20.06.050,
92-46
-I 20.68.025, 20.70.030
20.74.030
I December 9, 1992
20.33.070, 20.68.020,
92-47
20.79.015, 20.87.355
I December 9, 1992
20.74.020, 20.74.030,
92-50
20.74.045
I April 7, 1993
20.33.020, 20.68.025
93-1
I June 23, 1993
20.02.070, 20.02.071
93-10
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I REVISIONS SUBSEOUENTTO ORIGINAL PRINTING - CONTINUED
I
Effective Date Section Ordinance
I June 28,1990 20.63.020, 20.63.045,
90.24
20.63.050,20.63.055
I August8,1990 20.01.045,20.37 90-30
I August8,1990 20.32.015(b),20.33.020(a),90-31
20.34.015(b),20.35.015(b),
I
20.36.020(b),20.51.025(e),
20.61.060A,20.62.040A,
20.62.050A, 20.63.030A,
I
20.63.035B,20.63.040A
September 12,1990 20.83.060,20.83.070 90-33
I December 13,1990 20.63.030B 90·40
Chapter 20.33 90-41
.1 January 9,1991 20.02.025 90-43
I March27,1991 20.01.070,20.02.026 91·8
20.30.030 91-9
20.02.060 91·10
I April 4,1991 20.83.30 91-14
.1 May 22,1991 20.08 91-16
June 12,1991 20.15.025 91·19
I July25,1991 20.61.060A,20.61.060B 91-25
20.62.040B,20.62.050A
,I 20.62.050B,20.63.030A
20.63.030B,20.63.035C
20.63.040A,20.63.040B
I August21,1991 20.02.065 91-29
I December 25,1991 20.06.080 91-44
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February 12,1992 20.06.050, 20.70.050,20.70.060 91-49
February 26,1992 20.62.030 92-1
,I March 25,1992 Chapter 20.68 92-2
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REVISIONSSUBSEOUENT TO ORIGINAL PRINTING - CONTINUED'I
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EffectiveDate Section
June 28,1990 20.63.020,20.63.045,
20.63.050,20.63.055
August 8,1990 20.01.045,20.37
August8,1990 20.32.015(b),20.33.020(a),
20.34.015(b),20.35;Ql5(b),
20.36.020(b),20.51.025(e),
20.61.060A,20.62.040A,
20.62.050A,20.63.030A,
20.63.035B,20.63.040A
September 12,1990 20.83.060,20.83.070
December 13,1990 20.63.030B
Chapter 20.33
January 9,1991 20.02.025
March 27,1991 20.01.070,20.02.026
20.30.030
20.02.060
April 4,1991 20.83.30
May22,1991 20.08
June 12,1991 20.15.025
Ordinance
90.24
90-30
90-31
90-33
90-40
90-41
90-43
91-8
91-9
91-10
91-14
91-16
91-19
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,I REVISIONS SUBSEOUENT TO ORIGINAL PRINTING - CONTINUED
I Effective Date
Section Ordinance
October 11,1989 20.01.070 89-24
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20.60.060
20.60.070
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October 25,1989 20.35.020(e)89-20
December 13,1989 20.63.035 89-32
Chapter 20.69 89-36
I December 27,1989 Chapter 20.19 89-28
20.11.020B,20.01.040
I 20.72.010,20.72.015 89-35
20.72.020,20.72.030
I 20.72.060,20.72.070
20.72.080,20.72.090
20.72.130,20.30.035B
I 20.30.040B,20.32.015
20.33.020,20.34.015
20.35.015,20.36.020
I 20.41.025,20.51.025
20.61.060A,20.62.040A
20.62.050A,20.63.030A
I 20.63.035B,20.63.040A
20.81.020
I March 28,1990 20.62.020,20.62.030 90-3
20.62.040,20.62.050
20.62.060,20.62.070
I May 23,1990 20.07.070,20.62.030B6 90-16
20.63.045E
I June 13,1990 20.15.045,20.15.070 90-18
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20.10.050E,20.30.030B 90-22
20.63.020,20.72.150,
20.83.010, 20.83.020,
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20.83.030,20.83.040
20.83.050,20.83.060
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20.01.045,20.01.046 90-23
20.19.035
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Chapter 20.03 90-25
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I REVISIONS SUBSEOUENTTO ORIGINAL PRINTING - CONTINUED
I Effective Date Section Ordinance
I July 13,1988 20.30.035B,20.30.040B 88-17
20.63.045A
I August 10,1988 20.52.010,20.52.030,88-23
20.52.040,20.52.050
August 24,1988 20.87.140 88-26
I August 24,1988 Chapter 20.54 88-27
I September 7,1988 20.84.30 88-28
October 12,1988 20.02.070,20.10.025F,88-31
"I 20.10.030
October 12,1988 20.80.090A, 20.81.090A,
88-32
I 20.82.090A
November 23,1988 Chapter 20.79 88-39
I December 14,1988 20.87.140 88-43
I January 11,1989 Chapter 20.78 88-46
March 15,1989 20.30.040 C.(5)89-3
I 20.30.035 D.(5)89-4
I July 26,1989 Chapter 20.75 89-14
September 13,1989 Chapter 20.07 89-19
I 20.01.046, 20.31.025,
20.32.025,20.33;030A,
20.34.025,20.35.025,
I 20.36.030, 20.41.035,
20.42.030,20.53.030,
20.54.025B,20.61.060C,
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20.62.030F,20.63.030C,
20.63.035F,20.63.040C,
20.63.045(D),20.82.020(D)
I September 27,1989 20.78.025 89-22
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I REVISIONS SUBSEOUENT TO ORIGINAL PRINTING -CONTINUED
I Effective Date Section Ordinance
I March 16,1983 20.11.040,20.15.080 83·10
April 27,1983 20.02.061,20.02.063,83-18
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20.87.283
April 11,1984 20.87.180 84-8
I January 9,1985 20.35.015,20.36.020,84-26
20.87.190
I June 12,1985 20.12.040, 20.13.040,
85-12
20.14.040, 20.15.040,
20.16.045,20.17.045'I June 27,1985 20.83mO;20.83;020 85-13
I October 23,1985 20.30.035(B),20.30.040(B)85-17
20.31.020,20.32.020,
I 20.33.025, 20.34.020,
20.61.060(B), 20.62.040(B),
20.72.010,20.72.020,
I 20.72.030,20.72.060,
20.72.100, 20.72.130,
20.72.140,
I October 23,1985 20.02.090 85-26
I May 28,1986 Chapter 20.63 86-7
20.87.090 (B)86-8
I January 7,1987 20.10.025 (H)86-31
August 12,1987 20.73.015, 20.73.020,
87-37
·1 20.73.025
August 26,1987 20.01.046 87-38
I January 13,1988 20.06.080 87-47
I February 24,1988 Chapter 20.74 88-2
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April 27,1988 Chapter 20.77 88-6
May 25,1988 20.02.064 88-10
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I REVISIONS SUBSEOUENTTO ORIGINAL PRINTING -_CONTINUED
I Effective Date Section Ordinance
June 23,1980 20.42.025 No.1844
I June 23,1980 20.81.010, 20.81.020,
No.1854
20.81.050, 20.81.060,
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20.81.070, 20.81.075,
20.81.100
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August 28,1980 20.01.070,20.80.090 No.1861
20.81.090,20.82.090
I September 10,1980 20.10.050,20.11.030,1856
20.12.075,20.12.080,
I 20.13.070,20.13.075,
20.14.070,20.14.075
20.15.070, 20.15.075,
I 20.16.075,20.16.080
20.17.075,20.17.080
20.33.030F,20.83.090(b),
I 20.87.190,20.87.260
December 10,1980 Chapter 20.74 1870
I January 7,1981 20.73.010 (E)1871
I April 22,1981 20.10.035, 20.10.045,
1876
20.10.050,20.83.070,
20.83.090, 20.87.260,
I 20.87.320
July 23,1981 20.13.025,20:14.025 1882
I December 9,1981 20.87.260 1889
I February 11,1982 Chapter 20.20 1894
20.62.050 1895
I August 25,1982 Chapter 20.76 82-14
September 8,1982 Chapter 20.75 82-13
I October 13,1982 20.10.035 82-19
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February 9,1983 20.01.046 83·2
February 23,1983 Chapter 20.75 - Repealed
83-6
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20.87.264
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I REVISIONS SUBSEOUENT TO ORIGINAL PRINTING
I Effective Date Section Ordinance
December 14,1977 Chapter 20.06,No.1753
I 20.10.015, 20.13.015,
20.14.015, 20.15.015,
20.16.015,20.16.020,
I 20.17.015,20.17.020,
20.30.015,20.31.015,
20.32.015,20.32.020,
I 20.33.020,20.34.015,
20.34.020, 20.35.015,
20.35.020,20.36.020,
I 20.36.025,20.40.015(D),
20.41.020,20.41.025,
20.42.020,20.62.040,
I 20.62.050,20.70.060(m),
20.12.015
I December 14,1977 Chapter 20.11,No.1754
Chapter 20;15
I July 26,1978 20.01.070 C No.1769
September 28,1978 20.87.085, 20.87.263,
No.1774
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20.30.020(G),
20.40.020(G)
20.51.027(G)
I February 7,1979 20.81.070 No.1788
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February 7,1979 20.1O.025(B)No.1789
February 21,1979 20.02.050(E)No.1793
I April 25,1979 20.51.080 No.1798
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June 13,1979 20.87.140,20.87.180 No.1804
September 10,1979 Chapter 20.73 No.1817
I October 31,1979 20.02.050(F)No.1822
December 12,1979 20.11.020,20.15.025 No.1824
I December 10,1979 20.87.140 No.1830
I January 21,1980 20.10.040 No.1834
January 21,1980 20.50.032 No.1834
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I REVISIONS SUBSEOUENTTO ORIGINAL PRINTING
I Effective Date Section Ordinance
I May 26,1976 20.30.035(C)No.1663
July 28,1976 20.01.070(E),
I
20.50.030(A),
20.51.035, 20.80.030,
20.80.070(A),
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20.81.050(C),
20.81.070(B),
20.81.070(E)(1),
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20.82.020(A),
20:82.060(A),
20;84.020,20.84.050 No.1686
I October 27,1976 20.80.050,20.81.040,
20.82.040,20.84.030 No.1695
I October 27,1976 20.02.060,20.02.061,
20.02.062,20.02.063 No.1696
I December 22,1976 20.80;090 No.1700
March 30,1977 20.80.050(B),20.80.077,
I 20.81.040,20.81.075,
20.82.040,20.82.080,
20.84.030,20.84.070 No.1705
I March 30,1977 20.82.070 No.1706
I April 13,1977 20.81.090 No.1716
April 13,1977 20.61.060 No.1717
I May 11,1977 20.87.090 No.1723
I June 8,1977 Chapter 20.52 No.1730
June 8,1977 Chapter 20.62 No.1718
I September 7,1977 20.83.045 No.1745
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October 12,1977 20.42.045 No.1751
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Chapters:
20.01
20.02
20.03
20.06
20.07
20.08
20.10
20.11
20.12
20.13
20.14
20.15
20.16
20.17
20.18
20.19
20.20
20.30
20.31
20.32
20.33
20.34
20.35
20.36
20.37
20.40
20.41
20.42
20.50
20.51
Title 20
PLAN!'rING AND ZONING
PART I:GENERAL PROVISIONS
Purpose of Title - Districts Designated
Height Limits
Report of Residential Building Records
Sign Ordinance
Floor Area Ratios and Building Bulk
Transportation Demand Management Ordinance
PART II:RESIDENTIAL DISTRICTS
General Controls -Residential Districts
Residential Development Standards
R-A District
R-1 District
R-1.5 District
R-2 District
R-3 District
R-4 District
"B"Combining District
Multi-Family Residential (MFR)District
Mobile Home Parks
PART III:COMMERCIAL DISTRICTS
General Controls -Commercial Districts
A-P District
CoN District
Commercial District Regulations
CoO District
C-1 District
C-2 District
-R District
PART IV:INDUSTRIAL DISTRICTS
General Controls -Industrial Districts
M-l District
M-1-A District
PART V:SPECIAL PLANNING DISTRICTS
Planned Residential Development
Planned Community District
I Planning and Zoning -
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I Chapters:
20.52 Open Space District
I 20.53 "U"District
20.54 Governmental,Educational,and Institutional Facilities
I
District
PART VI:SPECIFIC AREA PLANS
I 20.60 Specific Plan District
20.61 Newport Shores Specific Area Plan
I 20.62 Mariners' Mile Specific Plan District
20.63 Cannery Village/McFadden Square Specific Plan District
20.65 Central Balboa Specific Area Plan
I PART Vll:SPECIAL USE REGULATIONS
I 20.67 Recyclable Materials
20.68 Massage Establishments
I 20.69 Low and Moderate Income Housing Within the
Coastal Zone
20.70 Automobile Service Stations
I 20.71 Oil Wells
20.72 Restaurants
20.73 Residential Condominium Projects
I 20.74 Adult Entertainment Businesses
20.75 Satellite Dish Antennas
20.76 Time-Share Developments
I 20.77 Amateur Radio Antennas
20.78 Granny Units
20.79 Second Family Units
I PART VITI:ADMINISlRATiON
I 20.80 Permits
20.81 Modifications Committee
I 20.82 Variances
20.83 Nonconforming Structures and Uses
20.84 Amendments
I 20.85 Appeals
20.86 Enforcement
20.87 Definitions
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Planning and Zoning -
CLASSIFICATION
R-A
R-l
R-1.5
R-2
R-3
R-4
MFR
M-H-P
A-P
CON
COR
COO
C-l
C-2
M-l
M-l-A
PC
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EXPLANATION
DIS1RICTS
Single-Family;Light Farming.
Single-Family.
Single-Family DwelIings or Duplexes.
Single-Family Dwellings or One Duplex.
Single-Family,Duplexes and Multiple DwelIings.
Single-Family Dwellings, Duplexes,Apartments,
Hotels, Motels.
Multi-Family Residential
Mobile Home Park Overlay Zone.
Professional Offices,Art Galleries,etc.
Professional Offices,Retail Stores,Neighborhood
Commercial, etc.
Retail or Personal Service Establishments,residential
uses in conjunction wtih permitted commercial uses.
Multiple Residential,Hotel,Motel,Professional Offices,
and Retail Sales.
Professional Offices,Retail Stores (Light Commercial),
etc.
Professional Offices,Retail and Wholesale Stores, etc.
Retail and Wholesale, Light Industrial.
Administrative and Professional -Light
Manufacturing.
Planned Community - Provides for Development of Land,
including various types of land uses as coordinated
comprehensive projects.
G-E-I-F Governmental, Educational, and Institutional District
CLASSIFICATION EXPLANATION
Planning and Zoning -iv
OMS Open Space District.
U District Not Precisely Zoned - Any Use of Land
Requires Use Permit.
CombiningDistrict for Residential Areas
Designating:
CombiningDistrict for Commercial Areas
DesignatingParking Requirements.
COMBINING DISTRICTS
Residential OverlayDistrict
Combining District - Less Restrictive Designating
Parking Requirements.
Planned Residential Development • Completely Planned,
Large Scale, Residential Environment Permitted in Any
"R"District.
Site Plan Review
a. Lot Area
b. Lot Width
c. Front yard requirements
d.Rear yard requirements
e. Sideyard requirements
f. Maximumlot coverage
Z
-R
PRD
B,B-1,
B-2,B-3
SPR
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I Chapters:
I 20.01
I 20.02
I 20.03
20.06
I 20.07
I 20.08
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PART I:GENERAL PROVISIONS
Purpose of Title - Districts Designated
Height Limits
Report of Residential Building Records
Sign Ordinance
Floor Area Ratios and Building Bulk
Transportation Demand Management Ordinance
Chapter 20.01
PURPOSE OF TITLE - DISTRICTS DESIGNATED
Page 1
PURPOSE OF TITLE -
DISTRICTS DESIGNATED
Chapter 20.01
20.01.020 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 build-
ingsand the height and bulk of buildings are regulated. (1949Code §9101.1 added byOrd.
635;December 12,1950).
Short Title.
Purpose of Title.
Master Plan -Establishment of Districts.
Compliance Required.
Effect and Intent of Title.
Permit or License Provisions Not Affected.
Districts Designated.
Special Districts Designated.
District Symbols.
Map Adopted by Reference.
Right-of-Way Boundaries.
Mapped Streets.
Mapped Streets -Exclusions.
Site Plan Review.
20.01.010
20.01.015
20.01.020
20.01.025
20.01.030
20.01.035
20.01.040
20.01.045
20.01.046
20.01.050
20.01.055
20.01.060
20.01.065
20.01.070
20.01.010 SHORT TITLE. 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).
20.01.015 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).
Sections:
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Page2
PURPOSE OF TITLE-
DISTRICTS DESIGNA'IED
Chapter 20.01
20.01.025 COMPLIANCE REQUIRED. No building or structure shall
be erected,reconstructed or structurally altered in any manner,nor shall any building or
landbeusedfor any purpose,otherthanaspermittedbyandin conformance withthisCode
and all other Ordinances,laws and maps referredto therein.(1949 Code §9101.2 added
byOrd,635;December 12,1950).
20.01.030 EFFECT AND INTENTOF TITLE.When interpreting and
applying the provisions ofthisTitle,it shall be heldto representthe minimum requirements
adoptedfor the promotion of the public health,safety,comfort,convenience and general
welfare.It is not intended bythe adoption of thisTitle 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 shallbe adopted or issued
pursuant to law relating to the erection,construction,establishment!moving,alterationor
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 thisTitle imposes greater restrictions than are
imposed or requiredbyother easements,covenants or agreements,than irt such cases the
provisions of this Title shall control.(1949 Code §9109.5 addedbyOrd.952;March 27,
1950).
20.01.035 PERMIT OR LICENSE PROVISIONS NOT AFFEC'IED.
Nothing herein contained shallbe deemed to repeal or amend any ordinance of the City
requiring apermitor license orbothto cover any business,tradeor occupation.(1949 Code
§9110.1 added byOrd.635;December 12,1950).
20.01.040 DISTRICTS DESIGNA'IED.The several general districts
established are as follows:
Agricultural-Residential District or R-A District.
Single-Family Residential Districtor R-l District.
R-1.5 District.
Duplex Residential Districtor R-2 District.
Restricted Multiple-Fa111ily Residential District or R-3 District.
Multiple Residential District or R-4 District.
Multi-Family Residential or MFR District
Administrative and Professional District or A-P District.
Neighborhood Commercial District or CoN District.
Retail Service Commercial or RSC District.
Administrative,Professional,&Financial Commercial or APF District.
Recreational &Marine Commercial or RMC District.
CoO District.
Light Commercial or C-l District.
General Commercial District or C-2 District.
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PURPOSE OF 'ITILE •
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Chapter 20.01
Manufacturing District or M-1 District.
Controlled Manufacturing District or M-1-A District.
Open Space District or OS District.
Unclassified or U District.
Specific Plan District or SP District
Planned Community District or PC District.
(Ord. 92-46,December 9, 1992;Ord,89-28, Dec. 27, 1989).
20.01.045 SPECIAL DISTRICTS DESIGNATED.In addition to
the general districts established above, the followingspecial 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"District.
Planned Residential Development.
Mobile Home Park or "MHP" Overlay District.
Site Plan Review or "SPR" Overlay District.
Residential or "R-"Overlay District
(Ord 90-30,August 8, 1990; Ord. 90-23,June 13, 1990;December 11, 1961;December 12,
1950as amended by Ord. 984; 1949 Code §9102.1 added by Ord. 635).
20.01.046 DISTRICT SYMBOLS.In addition to the district desiguations
established under Sections 20.01.040 and 20.01.045,the following symbols are established
for the purpose of designating floor area limitations and residential densities.When these
symbols are placed on the Districting Maps,the floor area and dwelling unit limitations as
illustrated shall apply.The symbolsand limitations shall be shown in the following manner:
(a) A number following the district symbol and enclosed by'brackets shall
desiguate the maximum floor area ratio permitted in relation to the buildable
area of the site or the total number of square feet permitted for the area
designated.Where the number of square feet,rather than floor area ratio is
specified, the number of square feet shall be followed by the letters sf.
Examples: "C-1 [0.5]"shall indicate that a fixed floor area ratio of 0.5 is
permitted,as provided under Section 20.07.040 A.
"C-1 [0.5/.75]" shall indicate that a floor area ratio of 0.5 is
permitted for Base FAR uses with a maximum-floor area ratio
of 0.75 permitted for Maximum FAR Uses, as provided under
Section 20.07.040B.
"C-1[5,200sfj"shall indicate that a total of 5,200 square feet of
development is permitted in the area specified.
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PURPOSE OF TITLB •
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Chapter 20.01
(2)'Building line"shall meanthat certain line established bythe City Council as
herein provided.Within theareaofa lot between such building lineandan
abutting street right-of-way,no structure shall be erected,constructed or
maintained except asset forth herem..
A.DEFINITIONS.Forthe purpose of this section the following terms,phrases,words
andtheir derivations shall have the primary meanings given herein:
(1)"Applicant"shall mean any person applying fora building permit within this
City.
20.01.050 MAP ADOPTED BY REFERENCE.The designations,
locations and boundaries ofthe districts established are delineated uponthe maps entitled
"Districting Map for the City of Newport Beach,Califotnia",dated November 27,1950,
which maps and any additional maps subsequently adopted and all notations and
information thereon are hereby madeapartof this Titleby reference.(1949 Code §9102.2
added by Ord.635;December 12,1950 as amended by Ord.845;April 14,1958).
20.01.055 RIGHT-OF-WAY BOUNDARIES.Any district adjoining any
right-of-way extends tothe center of such right-of-way.(1949 Code §9102.3 added by Ord,
901;'December 28,1959).
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MAPPED STREETS.
(b)
20.01.060
A number following the district symbol and enclosed by parentheses shall.
designate the minimum number of square feetoflandarea required for each
dwelling unit or the total number of dwelling units permitted for the area
designated.Where the number of dwelling units,ratherthan square
feetof land areaper unit,is specified,the number of units shall be followed
bythe letters duo
Example:"MFR (2178)"shall indicate that one dwelling unit is
permitted for each 2,178 square feet oflandarea included in
density calculations per Section 20.19.035 B;
"MFR (28 du)"shall indicate that a total of28 dwelling units
are permitted in the area specified.
Notwithstanding dwelling unit limitations defined on the Districting Maps enabled above,
dwelling unit limits for senior citizen housing facilities (where residency is limited to elderly
persons)shall beas specified atthe time ause permit is granted fora senior citizen housing
facility.(Ord.90-23,June 13,1990j Ord.89-19,Sept.13,1989;Ord.87-38 §August 26,1987;
Ord.83-2 §February 9,1983)..
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Chapter 20.01
(3)''Building setback area!'shall mean the area of a lot between the buildingline .
and abutting street right-of-way,extending the full width of such lot.
(4) "Gender." Any gender includes the other gender.
(5) "Generalplan"shallmean a general plan or precise plan approved bythe City
Councilin accordance with applicable state law.
(6)"Lot"shallmean anylot,parcel or other real property situated withinthe 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,ormajor street,whether existingor proposed,shown
on map entitled "Master Plan, Cityof Newport Beach, California, Street and
Highway,"adopted by City Council Resolution No. 5224 on April 25,1960,
and all amendments thereto heretofore adopted.
(8) "Noticeof 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"shallmean a notice inwriting,deposited in the United States
mail, postage prepaid, addressed to the last known address of the designated
addressee.
(10)"Owner"shall mean any person entitled to the use or possession of real
property.
(11)"Person"shall mean anyindividual,firm,partnership, association,corporation,
company or organization of any kind, includingpublic 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 waywhich heretofore
has been, or mayhereafter, be dedicated or otherwise acquired bythis cityor
other governmental agencyfor public street purposes.
(15) "Structure" and "Building"are synonymous and shall mean anything
constructed or erected from an assemblyofmaterials or component parts and
which is attached Or affixedto realty or which is intended to rest other than
temporarily thereupon, or which is attached to something having a fixed
location on or below the ground.
(1)
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Chapter 20.01
(16)"Tenses."The present tense includes thepastand future tenses,and where
applicable vice versa.
B.BUILDING LINES.Where a lot abuts a public street,a building lineis hereby
established on said lot parallel to the front lotline thereof and located,measured from the
existing center of said street,a distance equal to the required depth ofthe front yard ofsaid
lot (as prescribed bythe zoning ordinance),plus a distance equal to 1/2 of the ultimate
width of said abutting streetas 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.
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 aspart ofthe 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.
(2)Buildinl:lines on partially dedicated streets.Where alotorlotsabuta 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 ofa building line,as provided in Section 20.01.060 B hereof.
(3)Amendment ofthe General flan.Proceedings to amend the General Planby
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,bythe City Council,orby any person filing a petition
therefore 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 50
require,the City Council may establish the proposed width of such streetor
streets,andthe alignment of such future streets,and thereupon shall cause
the General Planto be amended accordingly as provided bystate law.
D.BUILDING PERMITS;RESTRICTIONS.No building permit shall be issued for
the construction of any structure in any building setback area,orinthe right-of-way of any
mapped street.Temporary structures such as walls,fences,signs orother easily removable
structures,involving a cost of not to exceed One Thousand Dollars ($1,000),may be
permitted in such area with the approval ofthe Community Development Director.
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Chapter 20.01
ADMINISTRATIVE RELIEF.
(1) Hearings. Any applicant aggrieved by the denial or conditional approval of
a building permit pursuant to Section 20.01.060 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 hearing 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 fixedfor the hearing,the Planning Commission shall cause notice of the
time and place thereof to be mailed by certified mail to the applicant and to
any other person requesting such notice.
a. The Planning Commission shall direct the issuance of the requested
building permit if it finds either of the followingfacts to be true:That
the denial of the building permit,because of the nature of the land or
other unique circumstances, 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 ofthe 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 followingfacts to be
true:That the applicant will not be substantially 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
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Chapter 20.01
the City Council shall be thesameasforthe Planning Commission,and the
applicant and appellant shall be notified ofthe decision ofthe City Council.
F. ACQUISmON. After exhaustion of administrative relief as provided in Section
20.01.060 E(2)hereof,any applicant dissatisfied with the final decision may,by written
notice filed within fifteen (15)days afterthedateofthe mailing ofthe notice ofthe 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 ofthe
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 permitand thereupon
such building permit shall be issued.The provisions of subsections E andF above shall not
apply where the dedication ofthe building setback areaor right-of-way of any mapped street
has been required as a condition of approval ofa subdivision or use permit.
G.EXISTING STRUCTURES;RETROACTIVITY.Structures existing on building
setback areas andin mapped streets on the effective dateof this section shall be deemed
tobe legal nonconforming structures,subject tothe 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.
1.The provisions of this section shall not apply tothe installation of underground public
utility facilities except to the extent thatthe location of such facilities shall be approved by
written permit from the City Engineer.(Ord,1415 §2,1971:Ord.1176 §3,1966:Ord,
932,1960:1949 Code §9105.9(b).
20.01.065 MAPPED STREETS -EXCLUSIONS.The hereinafter
described portions of mapped streets as shown onthatmapentitled 'Master Plan,City of
Newport Beach,California,Streetand Highway,"adopted by City Council Resolution No.
5224,shall be excluded from the provisions of Section 20.01.060 unless hereafter so
designated as mapped streets as provided herein:
(a)Balboa Boulevard between 45th and 32nd Streets.
(b)Balboa Boulevard between Alvarado Streetand6th Street.
(c)Newport Boulevard between 30thStreetand McFadden Place.
(d)Irvine Avenue between 16th Streetand Cliff Drive.
(e)Marguerite Avenue between 5th Avenue andOcean Boulevard.
(Ord.1176 §4,1966:Ord,932,1960:1949 Code §9105.9(c».
20.01.070 SITE PLAN REVIEW.
A PURPOSE.The City Council finds that developments in certain sensitive areas may
have potentially adverse effects onthe surrounding area or on sensitive resources,or may
interfere with the implementation of specific objectives oftheGeneralPlanor Specific Area
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PURPOSE OF TITLE -
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Chapter 20.01
Plans. The effect of this Section is to establish a "SitePlan Review"(SPR) overlaydistrict
and to require SitePlan Reviewbythe PlanningCommissionforany proposed development,
except as provided in Sub-section C, within an SPR Overlay District to insure that the
project conforms to the objectives of the General Plan.
E.FINDINGS. The CityCouncilfinds,determines and declares that the establishment
of Site Plan Review procedures contained in this Section promotes the health, safety, and
general welfare of the communityby ensuring that:
(1)Development of properties in the SPR Overlay District will not preclude
implementation ofspecific General Plan or Specific Area Plan objectivesand
policies.
(2) The value of property is protected by preventing development characterized
by inadequate and poorly planned landscaping,excessive building bulk,
inappropriate placement of structures and failure to preserve where feasible
natural landscape features,open spaces, and the like, resulting in the
impairment of the benefits of occupancyand use ofexisting properties in such
area.
(3)The benefits derived from expenditures of public funds for improvement,
acquisition and beautification of streets, parks, and other public facilities are
maximized by the exercise of reasonable controls over the layout and site
location characteristics of private buildings,structures and open spaces.
(4)Unique site characteristics are protected in order to ensure that the
community may benefit from the natural terrain,harbor and ocean,to
preserve and stabilize the natural terrain, and to protect the environmental
resources of the City.
C. APPLICATION. Site Plan Reviewapproval shall be obtained prior to the issuance
of a Grading Permit or a Building Permit for any new structure, including fences, to be
constructed,or existingbuildingto be reconstructed or remodeled to increase the grossfloor
area or increase the roofline or height, within the SPR Overlay District or other property
which has been designated for Site Plan Review as a condition of approval for a
resubdivision or tract map by the Planning Commission or City Council, and the
establishment ofgrade bythe Planning Commissionor the CityCouncil in accordance with
Section 20.02.026.
Except as provided in Chapter 20.60,Specific Plan District, no site shall be placed in the
SPR OverlayDistrict or be otherwisesubjectto SitePlan Reviewunless one ofthe following
criteria is met:
(1) The site contains areas havinga slope in excessof 26.6degrees (50 %slope).
(2)The site contains or is immediately adjacent to coastal bluffs.
d.Saltwater marshes.
e.Intertidal areas.
b.Riparian areas.
c.Freshwater marshes.
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PURPOSE OF TITLE •
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Chapter 20.01
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The siteis immediately adjacent to a thoroughfare designated as a Scenic
Highway or Scenic Drive in the Recreation and Open Space Element ofthe
General Plan.
Thesite contains significant historical or archaeological resources orisin an
areaof unique historical or archaeological interest.
Thesiteis immediately adjacent to the ocean or bay.
Thesiteisina Residential District subject to noise levels greater than the 65
Community Noise Equivalent Level (CNEL).
g.Unique or unusually diverse vegetative communities.
The site is located in a geologic hazard area,as described in the General
Plan.
f. Other wetlands.
The site directly abuts a residential district,but is located in a district
designated for nonresidential use.
(11)A density bonus is proposed,orhasbeen granted,forthe site.
(7)
(9)
(10)
(8)
(6)
(5)
(3)Development ofthe site has the potential to affect public views.
(4)Development ofthesite has the potential to affect environmentally sensitive
areas including:
a.Areas supporting species which are rare,endangered,of limited
distribution,or otherwise sensitive.
D.PLANS AND DIAGRAMS TO BE SUBMlT1ED.The following plans and
diagrams shall be submitted to the Planning Commission for approval:
(1)Aplot 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,andthe direction of traffic flow intoandoutof off-street
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PURPOSE OF TI'ILE -
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Chapter 20.01
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 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 provisionsfor irrigation.
(3) Grading plans when necessaryto ensure development properly related to the
site and to surrounding properties and structures.
(4) Scale drawings of exterior lighting showing size,location, materials, intensity
and relationship to adjacent streets and properties.
(5) Architectural drawings,renderings or sketches, drawn to scale,showing all
elevations of the proposed buildings 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 shallpay a fee as established by Resolution of the CityCouncil
to the Citywith each application for Site Plan Review under this chapter. (Ord.1686,B
1, 1976)
F. STANDARDS. In addition to the general purposes set forth in Sub-section B,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) Sitessubject to Site Plan Review under the provisionsof this chapter shallbe
graded and developed with due regard for the aesthetic qualities of the
natural terrain, harbor, and landscape,giving special consideration to
waterfront resources and unique landforms such as coastal bluffs or other
sloped areas; trees and shrubs shall not be indiscriminatelydestroyed;
(2) Development shallbe compatiblewiththe character ofthe neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
(3) Development shall be sited and designed to maximize protection of public
views,with special consideration given to views from public parks and from
roadways designated as Scenic Highways and ScenicDrives in the Recreation
and Open Space Element of the General Plan;
(12)Commercial development shall not have significant adverse effects on
residences in an abutting residential district.
G.PUBLIC HEARING -REQUIRED NOTICE.A public hearing shall be held onall
Site Plan Review applications.Notice of such hearing shall be mailed not less thanten (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 ofthree hundred (300)feetofthe exterior boundaries
ofthe subject property.It shall be the responsibility ofthe applicant to obtain and provide
to the City the names and addresses of owners as required bythis Section.In addition to
the mailed notice.such hearing shall be posted innot less than two conspicuous places on
or close to the property at leastten (10)days priorto the hearing.
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
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Chapter 20.01
Environmentally sensitive areas shall be preserved and protected.No
structures or landform alteration shall be permitted in environmentally
sensitive areas unless specific mitigation measures are adopted which will
reduce adverse impacts toan acceptable level orthe Planning Commission or
City Council.on review or appeal,finds thatthe benefits outweigh the adverse
impacts;
No structures shall be permitted in areas of potential geologic hazard unless
specific mitigation measures are adopted which will reduce adverse impacts
toan acceptable level orthe Planning Commission or City Council,on review
or appeal.finds thatthe benefits outweigh the adverse impacts;
Residential development shall be permitted in areas subject to noise levels
greater than 65 CNEL only where specific mitigation measures will reduce
noise levels in exterior areas to less than 65 CNEL and reduce noise levels in
the interior of residences to 45 CNEL or less;
Site plan and layout of buildings.parking areas.pedestrian and vehicular
access ways.and other site features shall give proper consideration to
functional aspects ofsite development;
Development shall be consistent with specific General Planand applicable
Specific Area Plan policies and objectives,and shall not preclude the
implementation of those policies and objectives;
Development shall be physically compatible with the development site.taking
into consideration site characteristics including,but not limited to,slopes.
submerged areas.and sensitive resources;
When feasible,electrical and similar mechanical equipment and trash and
storage areas shall be concealed;
Archaeological and historical resources shall be protected to the extent
feasible;
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H. ACTION BY THE PLANNING COMMISSION.If all applicable standards.
established by this Section are met, the Planning Commission shall approve the
development. Conditions maybe applied when the proposed development does not comply
with applicable standards and shall be such as to bring said development into conformity.
If the development is disapproved, the Commissionshall specifythe standard or standards
that are not met.
A Site Plan Review decision of the Planning Commissionshall 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 fourteen (14) days following the Commission action thereon unless, within the
fourteen (14) day appeal period an appeal in writinghas been filed by the applicant, or any
other person, the Commission has requested a review of its decision, or unless the City
Council,not more than fourteen (14) daysafter the Commissionaction, on its ownmotion,
elects to review and act on the action of the Commission,unless the applicant consents to
an extension of time. The City Council may affirm, reverse or modify the decision. Such
action by the City Council shall be final.
I.APPEAL TO THE CITY COUNCIL. Any Site Plan Review decision of the
Commissionmay be appealed to the City Council by the applicant or any other person, at
any time within fourteen (14) days after the date of the Commission decision. An appeal
to the CityCouncil shall be taken by filinga letter of appeal in duplicate, with the Planning
Department.Such letter shall set forth the grounds upon which the appeal is based and
shall be accompained by a fee as established by Resolution of the City Council.
J.ACTION BY THE CITY COUNCIL. An appeal shallbe heard and acted on bythe
City Council, and the City Council may affirm, reverse or modify the decision of the
Commission.The decision of the City Council is final.
K.EXPIRATION AND REVOCATION OF SITE PLAN REVIEW APPROVALS.
(1) Expiration. Any Site Plan Review granted in accordance with the terms of
this Title shall expirewithin 24 months from the date of approval ifa building
permit has not been issued prior to the expiration date and subsequently con-
struction is diligently pursued until completion,unless at the time of approval
the Planning Commission has specified a different period of time.
(2)Violation of Terms. Any Site Plan Review granted in accordance with the
terms of this Title may be revoked if any of the conditions or terms of such
Site Plan Review are violated or if any law or ordinance is violated in
connection therewith.
(3) Hearing.The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten daysprior
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
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Chapter 20.01
recommendation of the Planning Commission.(Ord,94-20,May 25,1994;
Ord.91-8,March 27,1991;Ord.89-24,Oct.11,1989;Ord,1769 13 1,1978;
Ord.1686 1\1,1976.)
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HEIGHT liMITS
Chapter 20.02
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HEIGHT liMITS
Chapter 20.02
Intent and Purpose.
Effect of Chapter.
Definitions.
Establishment of Grade.
Height Limitation Zones.
Planned Community Districts.
Planning Commission or City Council Review.
Existing Structures and Permits.
Chimneys and Vents.
Architectural Features and Solar Equipment.
Flag Poles.
Parapet Walls,Elevator and Mechanical Penthouses,
and Mechanical Equipment.
Skylights and Roof Windows.
Fences,Walls, and Plantings.
Special Districts.
Church Exception.
Airport Height Limits.
20.02.010
20.02.020
20.02.025
20.02.026
20.02.030
20.02.035
20.02.040
20.02.050
20.02.060
20.02.061
20.02.062
20.02.063
20.02.065
20.02.070
20.02.071
20.02.080
20.02.090
Sections:
These regulations shall be reviewed and revised as necessary following the adoption of the
General Plan. (Ord. 1454 § 4 (part),1972).
20.02.020 EFFECT OF CHAPTER.All Sections of this Title shall be
subject to the provisions of this Chapter.(Ord.1454 §4 (part),1972).
20.02.010 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
desigu flexibility with City review.
20.02.025 DEFINITIONS.A.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 measured 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.
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(2)
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HEIGHT UMITS
Chapter 20.02
B.GRADE.For the purpose of measuring height,the grade shall be the unaltered
natural vertical location ofthe ground surface unless oneofthe following applies:
At the time of subdivision,the City has approved a grading plan or map,
underwhich circumstances grade shall be finished grade as shown ontheplan
or map so approved.For sites that were developed without orprior to the
requirement for a grading plan or map,the Planning Department shall
exercise its best efforts to determine the location of grade forthe purpose of
measuring height.Inso doing,the Planning Department shall use existing on-
site elevations and contours,as well as the elevations and contours of
adjoining and nearby properties to determine the natural profile ofthe site.
In cases where retaining walls have been constructed or filled surfaces have
been used forthe purpose of measuring height priorto October 12,1972,the
finished grade established in conjunction with the filled condition shall be
used forthe measurement of height.Underno circumstances shall height be
measured from excavated surfaces such as basements and wine cellars which
have been used to artificially lower the ground surface.
Flood Hazard Areas.The height limit for the inhabitable areas of all new
structures or addition to existing structures,excluding all accessory structures,
on a parcel ofland within the Flood Hazard Area,shall be measured from
the site's required pad elevation or existing natural grade,whichever is higher.
Pad elevation is determined bythe Flood Insurance Rate Maps recognized by
the Building Department as part of flood safety requirements and maps
adopted by City Council.Notwithstanding the building pad elevations
established by the Flood Insurance Rate Maps,the minimum required first
floor finished floor elevation forthe interior living areas ofall new structures
shall be at least 6.27 Mean Sea Level consistent with the Public Works
Department standard for bulkhead elevation.(Ord.92-22,June 25,1992j Ord,
90·43,January 9,1991)
20.02.026 ESTABliSHMENT OF GRADE.In a case where natural
grade or finished grade as referred to herein is,in the judgement of the Planning
Commission,inappropriate or unworkable forthe purpose of measuring height,the Planning
Commission shall establish grade in such a way to insure that the intent or purpose of
Chapter 20.02 is fulfilled.The establishment of grade bythe Planning Commission or by
the City Council upon appeal or review ofthe decision ofthe Planning Commission,shall
require the approval of a Site Plan Review which shall be obtained in accordance with
Section 20.01.070.
A.FINDINGS.In order to establish grade,the Planning Commission or the City
Council,upon appeal or review ofthe decision ofthe Planning Commission,shall make the
following findings in addition to those required by Section 20.10.070:
1. Thatthe proposed grade being requested bythe applicant is reasonable and
comparable with the grades of surrounding properties and that the
establishment of such grade will not be detrimental to the health,safety,
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HEIGHT liMITS
Chapter 20.02
peace, morals, comfort and general welfare of persons residing or working in
the neighborhood or be detrimental or injurious to property and'
improvements in the neighborhood or the general welfare of the City.
2.That the proposed grade and related development will not result in the loss
of any public views and shall be consistent with the existing character of the
neighborhood in which the project is located.
3.That the existing grade on the subject property,is inappropriate and
unworkable for the purpose of measuring height.
4.That the proposed grade being requested by the applicant is necessary for the
preservation and enjoyment of substantial property rights of the applicant.
(Ord.91-8,March 27,1991;Ord.90-43,January 9, 1991).
20.02.030 HEIGHT liMiTATION ZONES.In addition to the
development standards established in the various districts,there shall be five (5) height
limitation zoneswithin 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 20.87.
A 24/28 FOOT HEIGHT liMITATION ZONE.In the 24/28 Foot Height Limitation
Zone the height limit for any structure 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-1, R·1.5, R-2, and OS Districts.
B.28/32 FOOT HEIGHT UMITATION 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 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-3 and R-4 Districts.
C.26/35 FOOT HEIGHT UMITATION 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-1, R-1.5, R-2, R-3, and R-4, within the area known as
the Shoreline Height Limitation Zone,more particularly described as follows:
Beginningat the intersection of the westerlycity boundary of Newport Beach and the
centerline of West Coast Highwayas established per Annexation No. 66 of the City
of Newport Beach;thence northerly,easterly and southerly along the city boundary
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HEIGHT LIMITS
Chapter 20.02
of Newport Beach tothe northerly line of Annexation No.25 of said city being the
northerly lineof West Coast Highway;thence easterly along said northerly litle of
West Coast Highway to the westerly line of Annexation No.55;thence northerly
along.said westerly line toa line parallel with and 250'northerly (measured at right
angles)from the centerline of West Coast Highway;thence easterly along said
parallel line toa point 30 feet easterly ofthe centerline of Superior Avenue;thence
southerly along a line parallel to the easterly line ofLot 172 of Block 1 in Irvine
Subdivision toa point onthe northerly line of West Coast Highway;thence easterly
along said northerly right of way line of West Coast Highway toan 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
tothe centerline of Avon Street;thence easterly along the centerline of Avon Street
tothe 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 toan intersection with the
northwesterly boundary line 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 ofthe northerly line ofLot
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 ft.above Mean Sea Level;thence
easterly along said contour line to Jamboree Roadjthence southerly along Jamboree
Road to Eastbluff Drlve;thence southwesterly along Eastbluff Drive to Backbay
Drive as described inthe 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 inthe deed recorded inBook 1037,page
269 of Official Records of Orange County tothe northwesterly prolongation ofthe
northerly line of Tract No.6230:thence easterly along the northerly line of said
Tract tothe most easterly comer ofLot 83 of said Tractj thence southwesterly along
the southeasterly line of said Lot 83 to the centerline of Vista Del Playaj 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.6947j
thence westerly along said northerly line andits westerly prolongation tothe last said
Backbay Drive:thence southerly along Backbay Drive tothe northerly line of Parcel
2per 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 northwesterly line of Jamboree Road to the centerline of
Backbay Drive;thence northwesterly along said centerline toalineparallel 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
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HEIGHT LIMITS
Chapter 20.02
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
havingan elevation of 25feet above Mean Sea Level; thence westerlyand southerly
along said contour line having an elevation of 25.00feet above Mean Sea Level to
the centerline of East Coast Highway;thence continuingsoutherlyand 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
southerlyand easterly along said contour line to the southerly boundary line of Tract
No.1116;thence southerly along said boundary line of Tract No. 1116and along the
southerly boundary line of Tract No. 3357to the easterly cityboundary of Newport
Beach, as established per Annexation No. 68; thence southwesterly, westerly and
northeasterly along the cityboundary of Newport Beach to the Point of Beginning.
(Ord.92-3,June 25, 1992)
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 CommunityDistrict, 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-1, R-1.5, R-2, R-3, and R-4 which have boundaries not
fallingwithin 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).
20.02.035 PLANNED COMMUNITY DISTRICTS.In each Planned
Community District established subsequent to the adoption of Chapter 20.02,the height
limitsshall 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 20.02.030 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).
20.02.040 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 anyzone shall find that each of the following four points have been complied
with:
(c)
(a)
(b)
(d)
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The increased building height would result in more public visual open space
and views thanis required bythe basic height limit in any zone.Particular'
attention shall be given to the location of the structure on the lot,the
percentage of ground cover,andthe treatment ofall setback and open areas.
The increased building height would result ina more desirable architectural
treatment ofthe building and a stronger and more appealing visual character
oftheareathanis required bythe basic height limit in any zone.
The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces.Particular attention shall be given to thetotal bulk ofthe
structure including both horizontal and vertical dimensions.
The structure shall have no more floor areathan could have been achieved
without the Use Permit.(Ord.1454 §4 (part),1972).
20.02.050 EXISTING STRUCfURES AND PERMITS.
Structures which were in existence or under construction onthe effective dateof this
ordinance,and which do not conform to these regulations may be continued or
altered;provided,thatthe changes donot result ina greater nonconformity than was
existing.
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HEIGHT LIMITS
Chapter 20.02
Structures for which building permits have been issued orfor which use permits have
been issued,onthe effective dateof this ordinance,and which donot conform to
these regulations,may be constructed according to the approved plans.
Proposed structures within a Planned Community District adopted prior to the
effective date of this ordinance may be constructed in accordance with the height
limits contained within the Planned Community Text;provided,however,thataUse
Permit shall be required for any structure which exceeds the height limits established
by this Chapter.
Theuse permit application fee shall be waived for any single family home intheR·1
District which is replacing a structure which was in existence onthe effective dateof
this Chapter.
Structures onthe bluff side of Kings Roadand Kings Place which were in existence
or under construction on the effective date of this ordinance may be changed
provided such change does not result in a roof height above curb which is higher
than 16.23 feetand provided further thattheroof height does not exceed the height
limit established by the 24/28 Height Limitation Zone.New structures may be
constructed on vacant building sites subject tothe same criteria.
C.
A.
D.
B.
E.
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HEIGHT LIMITS
Chapter 20.02
F. Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in
existence or under construction on the effective date of this ordinance may be
changedprovided such change does not result in a roof height above top ofcurb and .
provided further that the roof height does not exceed the height limit established by
the 24/28 Height Limitation Zone.For purposes of this ordinance, the top of curb
height limitation shall be established by a horizontal plane created by the extension
of the top of curb line across each building site located on the bluff side of Ocean
Boulevard. Where a question arises as to the interpretation of this ordinance, the
Planning Director shall review and render a decision..New structures may be
constructed on vacant building sites subject to the same criteria. (Ord.94-21,May
25,1994;Ord.1822 §1,1979;Ord.1793 §1,1979:Ord.1454 §4 (part),1972)..
20.02.060 CIDMNEYS AND VENTS. Chimneys and vents shall be
permitted in excess ofheightlimitsto the minimumextent required by the Uniform Building
Code plus an additional twelve (12)inches for the provision of spark arrestor apparatus or
architectural features of a decorative screening nature. Any such structures or features
exceedingthe Uniform BuildingCode requirements shallbe subjectto the following criteria:
a.That the overall dimensions of the chimney shall be limited to a
maximumwidth of two feet by a maximumlength of four feet for any
portion of the structure which exceeds the Uniform Building Code
requirements.
b.That the allowancefor the additional 12 inches shall be solelyfor the
incorporation of a spark arrestor as required by the manufacturer or
for the incorporation of an architectural screening or treatment.
All chimneys and vents exceeding the minimum height required by the Uniform Building
Code, with the exception of an additional twelve (12)inches for spark arrestor apparatus
or architectural features of a decorative screening nature, shall be subject to the approval
of the Modifications Committee.(Ord,92-44,September 23,1992:Ord,91-10,March 27,
1991:Ord.1696 §1,1976;Ord.1454 §4 (part),1972).
20.02.061 ARCHITECTURAL FEATURES AND SOLAR
EQUIPMENT.Architectural features such as, but not limited to, cupolas, weathervanes,
wrought iron railings, and other decorative roof-top features of an open nature, and solar
equipment, maybe permitted in excess of permitted height limitssubject to the approval of
the Modifications Committee. (Ord.92-7,May 13,1992;Ord.1696 §2,1976,and as
amended by Ord.83-18 §1;April 27,1983)
20.02.062 FlAG POLES. Flag poles shall be permitted in the 24/28 and
the 28/32 Foot Height Limitation Zones not to exceed a height of 35 feet. Flag poles shall
be permitted in the 26/35 and the 32/50 Foot Height Limitation Zones not to exceed a
height of 50 feet. All other flag poles in excess of the height limits noted above may be
permitted subject to the approval of the Planning Commission.(Ord,1696 §3,1976).
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HEIGHT liMITS
Chapter 20.02
20.02.063 PARAPET WAUS,ELEVATOR AND MECHANICAL
PENTHOUSES,AND MECHANICAL EQUIPMENT.Parapet walls,elevator and
mechanical penthouses,and mechanical equipment (excluding solar equipment),and other'
items not expressly permitted in excess ofthe height limits shall be prohibited.(Ord,83-18
§1,April 27,1983;Ord.1696 §4,1976).
20.02.064 BOAT CRANES.Boat cranes used in conjunction with an
approved marine-oriented use may be permitted to exceed the basic height limit applicable
tothe District in which it is located,uptoa maximum operating height of 70 feet,subject
tothe approval ofthe Planning Commission.(Ord,88·10 §1;May,25,1988).
20.02.065 SKYliGHTS AND ROOF WINDOWS.The terms skylights
and roofwindows shall be interchangeable and shall be permitted in excess ofthe average
height permitted in the Height Limitation Zones only as indicated in the following.
However,inno case shall any portion of any such skylight orroofwindow structure exceed
the maximum ridge height allowed for any roof inthe Height Limitation Zonein which the
structure is located.Any such skylight or roof window which is openable shall not be
permitted under this section,except those which slide open within the same plane asthe
frame ofthe structure,or open tothe interior ofthe building only.Any such structure or
feature shall be limited as follows:
a.When mounting on a flat roof structure,the maximum height
measured atthe highest point ofthe proposed skylight orroofwindow,
in a plane parallel to the plane of the roof structure,shall not exceed
an elevation of six (6)inches above the average roof height as
provided bythe Height Limitation Zone,or six (6)inches above the
finished surface ofa conforming roof structure,whichever is less.
b.When mounting on a sloping roof structure,the maximum height
measured atthe highest point ofthe proposed skylight orroofwindow,
ina plane parallel to the plane oftheroof structure,shall not exceed
an elevation of six (6)inches above the finished surface of the
conforming roof structure.
c. That in the areas of the City where a Height Limitation Zone is
superseded by more restrictive height limitations orbya discretionary
approval ofthe Planning Commission orthe City Council,this Section
shall notbe applied.(Ord,91·29,August 21,1991).
20.02.070 FENCES,WAUS,AND PLANTINGS.No fence,wall,hedge,
or screen planting of any kind shall hereafter be constructed or grown to exceed 6feetin
height within any required side yard totherear of the front setback orin any required rear
yard.Fences,walls,hedges and screen planting shall be limited to 3feetin height above
natural grade in all required front yard setback areas (including any required side yard
betwe en the front property line and the required front setback line),except as permitted
by Section 20.02.071.Fences,walls and screen planting shall be limited to3feetin height
within any required front yard setback areaofupto a maximum of 10 feet,thatis within
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Chapter 20.02
60 feet ofthe intersection of two street rights of way.A sight distance "triangle"shall also
be requiredfor fences,walls andscreen planting,not to exceed 3feet in height,within any
required sideyard setback that is within 15 feet ofthe intersection of a street rightofway'
and an alley,within 15feet ofthe intersection of two alleys,or within 5 feet of the comer
of any intersecting street right of way and a driveway.Elevations for construction within
required sight distance "triangles"shallbe measured fromthe adjacent top of curb height.
In cases where thereisa difference of6feetormorein elevation betweenthe building sites
of abutting lots,no fence,wall,hedge or screen planting shall hereafterbe constructed or
grown in anyyardarea ofthe lower lot adjacent to thelot lineofthe higher lot to a height
in excess of 3 feet above the elevation of the building site ofthe higher lot.
The Planning Commission may by resolution,adopt such general standards or conditions for
its guidance asit deems necessary to insure to the adjacent property owners the full use of
their land.(Ord.93-10,June 23,1993;Ord.88-31,October 12,1988;Ord.1454 &4 (part),
1972).
20.02.071 SPECIAL DISTRICTS.For purposes of this chapter,special
districts shall be described as those delineated in Section 20.11.01O(A)and (B)of the
Municipal Code(more commonly known as Old Corona del Mar,West Newport and the
Balboa Peninsula),as well as Balboa Island.Within said districts,fences and walls,except
asnoted below,shall be limited to a height of5feet above the naturalgradein allrequired
front yard setbacks (the upper3 feet of which must be at least40%open).
In addition,areaswherethe existing gradeisin excess of2feetin height above the adjacent
sidewalk (or curb elevation whereno sidewalk exists),a maximum 2 foot high retaining wall
shall bepermittedto be located at thefront property line. Any additional maximum 3foot
high retaining walls shallbe permitteda minimum distance of 2 feet fromthe face ofthe
preceding retaining wallwith subsequent retaining walls subject to the same limitation.A
maximum 3foot high fence or wall (atleast40%open)shall be permittedatopthe highest
retaining wall for safety purposes.
Exception:Fences,walls,hedges and screen planting shall not exceed a height of 3 feet
above the naturalgradein allrequiredfrontyard setback areas adjacent to the channels in
West Newport or the bayon the Balboa Peninsula.(Ord.93-10,June 23,1993).
Exception:Fences,walls,hedges and screenplanting shallnot exceed a height of 5 feet
above thenaturalgradeinallrequiredfrontyard setback areas adjacent toNorthBayFront
and South BayFrontonBalboa Island (theupper2feet 6 inches of which mustbe at least
40%open.(Ord.94-35,August 10,1994).
20.02.080 CHURCH EXCEPTION.Church structures used for church
purposes shallbe exempt fromthe restrictions ofthis Chapter,except that anysuch structure
exceeding 35feet in heightshallrequire a use permit.(Ord,1454 §4 (part),1972).
20.02.090 AIRPORTHEIGHT LIMITS.Anyproject which requires a
notice of construction oralterationbytheFederal Aviation Administration Regulations Part
77 shall require FAA compliance,and the applicant shall submit a copy of the FAA
Page 194
HEIGHT liMITS
Chapter 20.02
application tothe Airport Land Use Commission (ALUC)and provide the City with FAA
and ALUC responses.If the ALUC requests review ofthe project,then the project shall
be submitted tothe Commission bythe City.Commission determination shall be referred
to the City within 60 calendar days from the date of referral of the application to the
ALUC,and shall be considered before the City takes any action on the project.If the
Commission fails to refer the determination within that period,the proposed project shall
be deemed consistent with the Airport Enviro1'1s Land Use Plan (ABLUP).(Ord.85-26,
October 23,1985).
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Chapter 20.03
20.03.020 DEFINITIONS. (a)"Owner"shall mean anyperson, copartnership,
association,corporation or fiduciaryhavinglegal or equitable title or any interest in anyreal
property.
(b) "Residential building" shall mean any structure which contains a dwelling unit,
situated in the city, and shall include the building or structures located on said improved
real property.
Page 20
REPORT OF RESIDENTIAL
BUILDING RECORDS
Chapter 20.03
Intent.
Definitions.
Report Required.
Application.
Inspection.
Delivery of Report.
Exceptions.
Refunds
Penalties.
REPORT OF
RESIDENTIAL BUILDING RECORDS
Sections:
20.03.010
20.03.020
20.03.030
20.03.040
20.03.045
20.03.050
20.03.060
20.03.065
20.03.070
20.03.010 INTENT.Pursuant to Article 6.5 (commencingwith Section 38780),
Chapter 10,Part 2, Division 3, Title 4 of the Government Code of the State of California,
it is the intent of the City Council to assure that all parties to a transaction involvinga sale
or lease purchase agreement of a previously occupied residential building within the City
of Newport Beach are furnished a report of matters of city record pertaining to the
authorized use, occupancy and zoning classification of real property prior to sale or
exchange. It is the purpose of this ordinance that the requirement of such a report will
reduce violations on existingparcels of residential property andwill prevent violations in the
future. (Ord.90-25,June 13, 1990).
(c) "Agreement of sale or exchange"shall mean any agreement or written instrument
whichprovides for transfer of ownership of real property including but not limited to land
sale contracts, exchange agreements, or lease purchase agreements. (Ord.90-25,June 13,
1990).
20.03.030 REPORT REQUIRED.Prior to entering into an agreement of sale or
exchangeof any residential building, the owner or his authorized representative shall obtain
from the citya Report ofthe Residential BuildingRecords showingthe regularly authorized
use, occupancy,and zoning classification of such property. Said report shall be valid for a
period not to exceed one (1) year from date of issue, unless there has been a change of
ownershipat whichtime a new Residential Building Report wouldbe required.(Ord.90-25,
June 13, 1990).
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Page 20-1
REPORTOF RESIDENTIAL
BUILDING RECORDS
Chapter 20.03
20.03.040 APPLICATION.Upon application of the owner or any authorized
representative and accompanied bya feein an amount established by the City Council by
Resolution,the Planning Director shall review pertinent city records and deliver to the
applicant a Report of Residential Building Records which shall contain the following
information insofar asit is available:
(a) Thestreet address andlegal description of subject property;
(b)The zone classification and authorized use asset forthin this Code;
(c)The occupancy as indicated and established by permits of record;
(d)Variances,use permits,exceptions,modifications and otherpertinent legislative
acts of record;and
(e)Any special restrictions in use or development which may apply to the subject
property.(Ord.90-25,June 13,1990).
20.03.045 INSPECTION.In addition to the information supplied in Section
20.03.040,the Planning Director shall make It physical inspection in conjunction with each
application for Report of Residential Building Records,and the Planning Director shall
include in the report evidence of Building or Zoning Code violations observed during the
inspection.(Ord.90-25,June 13,1990).
20.03.050 DELIVERY OF REPORT.TheReport of Residential Building Records
shall be delivered bythe owner,or the authorized designated representative ofthe owner
tothe buyer or transferee ofthe residential building priortothe consummation ofthesale
or exchange.The buyer or transferee Shall execute a receipt therefor as furnished bythe
city and said receipt shall be delivered to the Planning Department as evidence of
compliance with provisions of this Chapter.(Ord,90-25,June 13,1990).
20.03.060 EXCEPTIONS.The provisions of this Chapter shallnot apply tothe first
saleofa residential building,unless previously occupied.(Ord.90-25,June 13,1990).
20.03.065 REFUNDS.An Administrative fee of $10.00 will be charged for any
report thatis subsequently cancelled or where a request for a refund has been made.No
refunds will be madefora Residential Building Reportthathashada property inspection
pursuant to Section 20.03.045 unless the request fora refund isfora duplicate report.(Ord.
90-25,June 13,1990).
20.03.070 PENALTIES.(a)Anyone in violation of the provisions of this Chapter
shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as
provided bythe provisions of Section 1.04.010 of the Newport Beach Municipal Code.
(b) Nosaleor exchange of residential property shallbe invalidated solely because
ofthe failure of any personto comply with any provisions of this Chapter unless suchfailure
isanactor omission which would be a valid ground for rescission of such saleor exchange
in the absence of this Chapter.(Ord.90-25,June 13,1990).
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BUILDING LINE. The term "BuildingLine" shall mean the setback line established by
ordinance beyond which no building may extend. A building line may be a property line.
Chapter 20.06
SIGN ORDINANCE
Page 21
SIGN ORDINANCE
Chapter 20.06
COMBINATION SIGN. The term "Combination Sign"shall mean anysignincorporating
anycombination of the features ofground, projecting and roof signs."Each portion of a sign
which is subject to more than one classification shall meet the requirements for the
classificationto which such portion is subject.
The following terms used in this ordinance
Effect of Chapter.
Intent and Purpose.
Definitions.
General Provisions.
Permitted Signs.
Offsite Signs.
Design Criteria.
Temporary Signs.
Exceptions.
Modifications.
Nonconforming Signs.
20.06.010
20.06.020
20.06.030
20.06.040
20.06.050
20.06.060
20.06.070
20.06.080
20.06.090
20.06.100
20.06.110
20.06.020 INTENT AND PURPOSE.The purpose of this Chapter is to
provide minimum standards to safeguard life, health,property and the public welfare, and
to provide the means for adequate identification and advertisement of businesses by
regulating and controlling the design, location, and maintenance of all signs and sign
structures in the City.
20.06.030 DEFINITIONS.
shall have the meanings indicated below:
Sections:
20.06.010 EFFECT OF CHAPTER.The following regulations shallapply
to all zoning districts, except the Planned Community District in which the Planned
Community Development Standards for signsshall apply. In addition to the regulations of
this Chapter, the provisions of Chapter 15.16 relating to building codes, sign permits, fees,
penalties and a method of enforcement shall apply.Where a use permit, variance,
modification or site plan review procedure has been used, any applicable conditions of that
approval shall supersede this Chapter.
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Page 22
SIGN ORDINANCE
Chapter 20.06
DISPLAY SURFACE.Theterm "Display Surface"shall meanthearea made available
bythe sign structure forthe purpose of displaying the advertising message.
ELECI'RICAL SIGN.The term "Electrical Sign"shall mean any sign illuminated by
electric lighting devices which are fastened tothe surface or mounted onthe interior ofthe
sign.
GROUND SIGN,POLE SIGN.Theterm "Ground Sign"or "Pole Sign"shall mean any
sign which is supported byone or more uprights,poles or braces in or uponthe ground
which arenotapartof any building or enclosed within the exterior walls of any building and
are separated therefrom bya distance ofat least6 inches.
MARQUEE.Theterm "Marquee"shall mean a permanent roofed structure attached to
and supported bya building and projecting over public property.
MOVING SIGN.The term "Moving Sign"shall mean any advertising structure which has
any visibly moving or revolving parts which are more than2 inches in any diameter,except
clocks.
NONSTRUCfURAL TRIM.The term "Nonstructural Trim"shall meanthe molding,
battens,caps,nailing strips,latticing,cutouts or letters and walkways which are attached to
the sign structure.
OFF·SITE OPEN HOUSE SIGN.Theterm "Off-Site Open House Sign"shall mean a sign
containing only the words "Open House,"and the name of the owner of the sign only,
shaped and placed in a manner which provides direction to interested parties,and which is
located on property otherthanthat which isthenfor sale,exchange,lease,or rent.
ON·SITE OPEN HOUSE SIGN.Theterm "On-Site OpenHouse Sign"shall mean a sign
containing the words "Open House,"andthe name ofthe owner ofthe sign only,shaped and
placed in a manner which provides direction to interested parties,and which is located on
the property thenfor sale,exchange,lease or rent,
PROJECTING SIGN.The term "Projecting Sign"shall mean a sign,otherthan a wall
sign,which projects from andis supported bya wall ofa building or a structure.
PROJECTION.The term "Projection"shall mean the distance by which a sign extends
over public property or beyond the building line.
REAL ESTATE SIGN.Theterm "Real Estate Sign"shall mean a sign advertising real
property fot sale,exchange,lease or rent.
RIDER.The term "Rider"is a small sign attached to a larger sign and intended to
convey information not conveniently incorporated intothe text ofthelarger sign.
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WALL SIGN. The term "Wall Sign"shall mean any sign attached to,erected against or
painted upon the wall of a building or structure, the face of which is in a single plane
parallel to the plane of the wall.
STRUCfURE.The term "Structure"shall mean that which is built or constructed, an
edifice or building of any kind, or any piece of work artificiallybuilt up or composed of
parts joined together in some definite manner.
Page 23
SIGN ORDINANCE
Chapter.20.06
TEMPORARY SIGN. The term "Temporary Sign"shall mean anysign,banner, pennant,
valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall
board, or other light materials, with or without frames,intended to be displayed for a
limited period of time only.
A Anyother outdoor signs
ROOF SIGN. The term ''Roof Sign"shall mean a sign erected upon or above a roof
or a building or structure.
SIGN. The term "Sign"shall mean any media, including their structure and component
parts which are used or intended to be used out-of-doorsto attract attention to the subject
matter for advertising,directional or informational purposes. The area of a signshallmean
the space enclosed by the outer dimensions of the sign, or, if there is no border, the area
shall be the space enclosed by sets of parallel lines containing the wording or images
composingthe sign.
SIGN STRUCfURE.The term "Sign Structure" shall mean the sign, and the supports,
uprights, braces, and framework of the sign.
20.06.040 GENERAL PROVISIONS.
not expressly permitted in this Chapter are prohibited.
WIND SIGN. The term "Wind Sign"shall mean a series of similar banners or objects of
plastic or other light material more than 2 inches in any diameter which are fastened
together at intervalsbywire,rope, cord,stringor byany other means, designedto move and
attract attention upon being subjected to pressure by wind or breeze.
B.UNCERTAINTY OF ORDINANCE PROVISIONS. The Planning Commissionshall
have the authority and duty to interpret the provisionsof this Chapter at the request ofthe
Community Development Director or when a written appeal from a decision of the
CommunityDevelopment Director is filed with the Commission.
C. COMPLIANCE REQUIRED.No person shall erect, re-erect, construct, enlarge, alter,
repair, move,improve, remove, convert, or equip any signor signstructure, or paint a new
wall sign,in the City,or cause or permit the same to be done, contrary to or in violation of
any of the provisions of this Chapter.
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A RESIDENTIAL DISTRICTS.
B.COMMERCIAL AND INDUSTRIAL DISTRICTS.
2. In the R-3 District:One name or identification sign not exceeding six (6)
square feet in area.
1.In the R-A,R-1,R·1.5,R-2 and SP-4 (residential)Districts:One name or
identification sign not exceeding two (2)square feetin area.
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PERMITTED SIGNS.20.06.050
D.PROPER MAIN1ENANCE REQUIRED.All signs,together with alloftheir supports,
braces,guys and anchors,shall be properly maintained with respect to appearance,structural
and electrical features.The display surfaces of all signs shall be kept neatly painted or.
posed at all times.All signs shall be subject to maintenance provisions as follows:
1.Any location where business goods are no longer sold or produced or where
services are no longer provided shall have ninety (90)days to remove any
remaining or derelict signs following notification by the City and at the
expense ofthe owner of said property.Where due written notification has
been given by the 'City and compliance has notbeenmet within the required
ninety (90)day period!the City may cause the removal of such signs with the
cost for such removal tobe attached to the property.
2.All signs shall be refinished to remove rust or other corrosion due to the
elements and any cracked or broken faces and malfunctioning tamps shall be
replaced within ninety (90)days following notification bythe City.
E.FRONTAGE.Buildings and building sites with multiple frontages shall be
permitted signs on each frontage.
3. In the R-4 and CoR:One name or identification sign not exceeding twelve
(12)square feetin area.
1.In the A·P,APF,and CoN Districts:A maximum of three (3)signs,the
combined areanot to exceed one hundred (100)square feet.
2. Inthe CoR District:Signs appurtenant to any use shall be permitted,provided
thatthetotal square footage of signs shall not exceed one (1)square foot for
each lineal foot of building frontage.
3.In the C·O,C·1,C-2,M-1,M·1-A,RMC,RSC,and SP·4 (commercial)
Districts:Signs appurtenant to any permitted use.
Page 24
SIGN ORDINANCE
Chapter 20.06
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Page 25
SIGN ORDINANCE
Chapter 20.06
C.AUTOMOBILE SERVICE STATIONS IN ANY DISTRICT (except P-C).
Permanent Exterior Signs -- A maximum of seven (7)permanent signsshall be permitted.
on any service station site as follows:
1.One double-facedfree-standing sign,not exceedinga height of twenty-five (25)
feet and an area of thirty-six (36) square feet for each side.
2. Two wall signs to be located on the exterior facades of the building and not
exceedingten (10) square feet each.
3. Price signsfor fuel products shall be permitted,provided that the number, size
and location of such signs comply with and do not exceed that which is
required to satisfyminimum price sign requirements as provided in Sections
13530 through 13534 of the Business and Professions Code of the State of
California. Price signsshall be of materials in harmony with those utilized in
the building.
4. One sign identifying the operator of the premises and address of the building,
to be located on the building and not exceedinga total of six(6) square feet.
5. All small signsadvertisingproducts 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 buildingface 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.
6. One double-faced sign,in a permanent frame, not exceedingan area oftwelve
(12) square feet for each side, 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 permanerit basis.Attention-attracting
devicesmaybe permitted for thirty (30)days,however,when connected with an opening or
change in ownership or management of a service station.
D.DRIVE-IN AND OUTDOOR RESTAURANTS IN ANY DISTRICT.
Signs shall be subject to the following restrictions:
1.The subject matter of any signs shall be limited to the name of the business
and the food products and beverages sold on the premises on which the signs
are located.
Page 26
SIGN ORDINANCE
Chapter 20.06
2. Thetotalareaofall signs onthesite shall not exceed two (2)square feetfor
each lineal foot of property ona street.In the case of corner lots or double
frontage lots only onestreet frontage may be used to determine the maximum
allowable sign area.
3.All signs shall be mounted flat against a building andshallbe limited in size
to fifty(50)square feet each,except thatonefree standing sign notto exceed
one hundred (100)square feet shall be permitted.(Ord,92-46,December 9,
1992;Ord.91-49,February 12j 1992).
20.06.060 OFFSI1E SIGNS.Offsite signs,including billboards,may be
allowed in commercial and industrial districts through an exception permit bythe Planning
Commission.
20.06.070 DESIGN CRITERIA.The signs permitted by Section 20.06.060
are subject tothe following additional limitations.
A.GENERAL CRITERIA.The following criteria are applicable to all signs:
1.TRAFFIC SIGNAL IMITATIONS.No person shall place,maintain,or
display upon orin view of any highway orstreet any unofficial sign,signal or
device or any sign,signal or device which purports tobe orisan imitation of,
or resembles,an official traffic sign or signal or which attempts to direct the
movement of traffic or which hides from view any official traffic sign or signal.
2.ILLUMlNA1ED SIGNS.Illuminated signs shall be provided with
illumination as provided in this Seotion:
(a) The maximum rating of individual incandescent lamps exposed on the
surface of any sign shall be 40 watts.
(b)The maximum night-time brightness of any sign shall be 15,000 foot
lamberts.
(c)The maximum brightness of any lamp used to illuminate any sign,as
measured from any normal viewing angle,shall be 15,000 foot lamberts,
3.BEAMS OF LIGHT.No person not authorized shall erector maintain any
device which directs abeamof light ina flashing sequence toward any street
or highway,nor shall any person erect or maintain any electrical advertising
sign or similar device that interferes with the visibility of any official traffic
control device or warning signal.
4.TYPES PROHIBITED.The following types of signs are prohibited:
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SIGN ORDINANCE
Chapter 20.06
(a) Flashing or animated electrical signs.
(b) Wind signs.
(c)Moving signs.
(d) Any other outdoor signnot expressly permitted in this Chapter.
EXCEPTIONS. Provided, however, such signs may be permitted if an
exception permit is obtained in each case in accordance with the procedure
provided in this Chapter.
5. POSTING ON PUBLIC PROPERTY PROHIBITED.No person, except a
public officeror employeein performance of a public duty,shall paste, paint,
print, nail, tack, place or otherwise fasten any card, banner, handbill,sign,
poster, or advertisement or notice of any kind, or cause the same to be done
on any curbstone, lamp post, pole, hydrant, bridge, wall or tree upon any
public sidewalk,street, or public property, except as may be required or
allowedby law, or by City Councilapproval.
6. POSTING ON S1REET PROHIBITED. No person shall erect or construct
any signupon any street, except as maybe required or allowedby law,or by
City Council approval.
B.SPECIFIC SIGNS.In addition to the provisions contained in Section
20.06.050 and 20.06.070 A,the following restrictions shall apply to all signs except those
governed by Sections 20.06.050 C, Automobile ServiceStations and 20.06.050 D, Drive-In
and Outdoor Restaurants.
1.GENERAL. One (1) perpendicular sign (i.e. roof,projecting,or pole) is
permitted per buildingor buildingsite. One of these perpendicular signs can
be used in combination with wall signs as permitted below.
2. WALL SIGNS.
(a) Projection and Height. No wallsignshall have a projection overpublic
property greater than twenty-four (24) inches, nor extend above any
adjacent parapet or roof of the supporting building.
(b) Area. The area of a wall sign or walls signs on any frontage of a
building shall not exceed two hundred (200) square feet nor forty (40)
percent of the exposedfinished wall surface area, including openings.
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(c) Number. A maximum of three (3) wall signs shall be permitted per
building,however,a multi-tenant building may have one wall sign per
-------~~~~~~~~~----------------------'"
PROJECI1NG SIGNS.
business plus one twenty-five (25)square foot building directory wall sign
listing tenants.
Page 28
SIGN ORDINANCE
Chapter 20.06
(b)Thickness or Projection.The thickness of any portion ofa sign Which
projects over public property or beyond a building lineis governed by
the following table:
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r 2' 3' 4' 5'
8'to 10'to 12'to 14'to 16'&
10' 12'14'16'Up
2'2'8"3'4"4'
5' 4' 3' 2'Projection
Maximum Thickness
Distance Above Sidewalk or
Grade Immediately Below
Sign.
Maximum Projection Over
Property Line or Building
Line.
(c)Number.Only one projecting sign shall be permitted ona building or
building site.
(d)Area.Two (2)square feet for each lineal foot of building frontage,110t
to exceed two hundred (200)square feet.
ROOF SIGNS.Roof signs may be allowed through an exception permit by
the Planning Commission only in instances where the location ofa business
precludes the effective Use ofa pole sign,ground sign or projecting sign.
(a)Area.Tobe determined bythe Planning Commission,notto exceed two
hundred (200)square feet.
(b)Height.Notallerthan building is tall,not to exceed fifteen (15)feet
above main portionof roof.
(c)Projection.Subject to the same standards as projecting signs.
(a)Projection.No sign shall project more than five (5)feet over public
property and may not project to within two (2)feet of the curb line.
Subject to all limitations in this Chapter,the distance any sigl1 may
project over public property or beyond the building line is governed by
the following table:
3.
4.
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1.RESIDENTIAL DISTRICTS.
GROUND AND POLE SIGNS.
REAL ESTATE SIGNS:
(a) Frontages.Permitted only on building signswith a minimum fifty (50),
foot frontage.
TEMPORARY SIGNS.
(c) The overall height of the installed sign shall not exceed four
(4)feet above ground unless the sign is mounted flush to a
wall;
(b) The signshall not exceed216 square inches (1.5 square feet),
including riders;
(a) One sign per lot except as provided in subsections (g)and
(h);
(1) In the CoR,R-A,R-l,R-1.5, R-2, R-3, and PRD Districts,as well
as P-C Districts which provide for residential uses and contain no
specific provisions relative to temporary signs,temporary real
estate signs are permitted subject to the following:
(a)Real estate signs and open house signs are permitted,on a temporary
basis, in residential districts, so long as the signs conform to the criteria
specified in this section.
Page 29
SIGN ORDINANCE
Chapter 20.06
(b) Area. Not to exceed two hundred (200)square feet.
(c) Height. Not to exceed twenty-five (25) feet to top of sign.
6.SIGNS ON MARQUEES.No projecting signs may be attached to a
marquee.Signs hung from the underside of a marquee shall be clear of the
sidewalk by not less than eight (8) feet. Signs may be placed on the outer
faces of a marquee if they are made a part thereof and do not exceed the
limitation of marquees.Cutout letters may be installed on top of marquees.
7.SPECIAL PURPOSE SIGNS. Signs used to give direction to traffic or
pedestrians or giveinstructions as to special conditions shall not exceeda total
of six (6)square feet (single face) in area and may be permitted in addition
to the other signslisted in this section in instances where necessary for traffic
safety reasons. Said signs shall not contain names, logos, or advertising
messages.
20.06.080
5.
A.
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Page 30 ISIGNORDINANCE
Chapter 20.06
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(d)The sign shall be placed onthe parcel for sale,lease,rentor
exchange and shall not be installed in a manner which Icreatesahazardfortrafficorpedestrians;
(e)No flags,pennants,balloons,or other attention-attracting Idevicesshallbedisplayed:
(f)The sign shall be removed immediately after the sale,lease Iorrentalofthepropertyhasbeenconsummated;
(g)In addition tothe sign permitted above,one (1)on-site open Ihousesignispermittedto be posted during the time an
owner or owner's agent isonthe premises and the premises
Iareopenforinspectionsubjectto the following:
(i)The sign shall not exceed two hundred and sixteen I(216)square inches (1.5 square feet)and riders arenot
permitted;
(ii)The sign shall notbe installed in medians or anywhere Iwithinthetravelledwayofanystreetorhighway,nor
installed ina manner which creates a hazard to traffic Iorpedestrians,provided,however,the sign may be
installed on or in a vehicle parked on the street
adjacent to the property for sale,lease,rent or Iexchangeifthereis no feasible way of installing the
sign on private property due to absence of front yard
setback or other condltions;I(iii)The overall height ofthe sign shall not exceed four (4)
feet above ground unless the sign is installed on a Ivehicleasprovidedinsubparagraph(ii)above:or
other conditions exist which require the sign to exceed
four (4)feettobe reasonably visible from the street:Ihowever,in no event shall the sign be higher than
necessary tobe reasonably visible from the street:
(h)In addition to the open house sign permitted in subsection I
(g),three (3)off-site open house signs are permitted when
the owner or owner's agent is on the premises and the Ipremisesareopenforinspectionsubjectto the following:
(i)each off-site open house sign shall 110t exceed two Ihundredandsixteen(216)square inches (1.5 square
feet)and riders arenot permitted;
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SIGN ORDINANCE
Chapter 20.06
(ii) the overall height shall not exceed four (4)feet above
ground;
(iii)the sign shall not be installed before 8:00 a.m, and
must be removed no later than sunset;
(iv) the sign shall not be installed in medians or anywhere
within the travelled way of any street or highway,nor
installed in a manner which creates hazard to traffic or
pedestrians.
(b)In the R-4 District,temporary real estate signs are permitted subject to
the following:
(1)One (1) sign per building site, except as provided in subsection (6);
(2)The sign shall not exceed twelve (12)square feet;
(3)The overall height of the installed sign shall not exceed four (4)
feet above ground unless the sign is mounted flush to a wall;
(4)The sign shall be placed on the parcel for sale,lease,rent or
exchange and shall not be installed in a manner which creates a
hazard to traffic or pedestrians;
(5)The sign shall be removed immediately after the sale, lease, or
rental of the property has been consummated;
(6)In addition to the sign permitted above,one (1) on-site open house
signis permitted to be posted during the time an owner or owner's
agent is on the premises and the premises are open for inspection
subject to the following:
(i)The sign shall not exceed two hundred sixteen (216)square
inches (1.5 square feet);
(ii)The height of the sign shall not exceed four (4)feet unless
mounted flush to a wall;
(iii)The sign shall not be installed before 8:00 a.m,and shall be
removed no later than sunset;
(iv)The signshall not be installed in medians or anywhere within
the travelled way of any street or highway,nor installed in a
manner which creates a hazard to traffic or pedestrians.
Page 31·1
SIGN ORDINANCE
Chapter 20.06
(c)In All Districts:The Planning Director may approve
temporary signs forthe first saleof structures and/or lots in.
any district for a period of time not to exceed one year
following the recordation ofthe final subdivision map.
2.Commercial and Industrial Districts.Commercial and industrial properties
shall be permitted one (1)real estate sign not exceeding twenty (20)square
feet in area which advertises the sale,rental or lease ofthe premises upon
which the sign is located.
B.OTHER TEMPORARY SIGNS.
1.Residential Districts.No temporary signs are permitted in residential districts,
except thereal estate signs authorized in subsectionA.l.Residential Districts.
2.Temporary signs are permitted in commercial and industrial districts subject
to the following:
(a)Size.No temporary sign shall exceed one hundred (100)square feetin
area.Temporary signs of rigid material shall not exceed twenty-four (24)
square feet in area,or six (6)feetin height.
(b)Duration.Temporary signs shaI1 remain in place for a period not
exceeding sixty (60)days per calendar year.
(c)Number.One (1)per building or building site.
3.Temporary signs displayed at automobile service stations and drive-in and
outdoor restaurants are governed by the provisions of Sections 20.06.050 Cand
D respectively.(Ord.91-44,December 25,1991;Ord.87-47,January 13,
1988).
20.06.090 EXCEPTIONS.A.Planning Commission shall have the authority
to issue Exception Permits,underthe procedure hereinafter provided,allowing deviations
from any ofthe provisions of this Chapter which apply to roof signs,off-site signs andthe
prohibition of flashing or animated electrical signs,wind signs,moving signs and any other
outdoor sign not expressly permitted in this Chapter.Exceptions shall notbe granted for
any ofthe following provisions of this Chapter.
1.The limitation onthe distance a sign may project over public property.
2. The prohibitions against a sign,signal or device which imitates or resembles
an official traffic sign or signal or attempts to direct the movement of traffic
or hides from view any official traffic sign or signal.
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Page 31-2
SIGN ORDINANCE
Chapter 20.06
3.The prohibition against any devicewhich directs a beam of light in a flashing
sequence toward a street or highway or any electrical sign or device that
interferes with the visibility of any official traffic control device or warning
signal.-
B.In order to grant an Exception Permit, the Commission must find that the granting
such permit is necessary to protect a substantial property right, will not be contrary to the
purpose of this Chapter as herein set forth, and will not be materially detrimental to the
health, safety, comfort or general welfare of persons residing in the neighborhood, or
detrimental or injurious to property or improvementsin the neighborhood, or to the general
welfare of the City.(Ord.92-7,May 13,1992).
C. APPEAL. In case the applicant or any other person is not satisfied with the action
of the Planning Commission,he may within twenty-one (21) days appeal in writing to the
City Council.
20.06.100 MODIFICATIONS.The Modifications Committee may grant
modifications to the height, number and area of signsnot requiring an Exception Permit,
or limited by Planned CommunityDistrict Regulations. (Ord.92-7,May 13,1992).
20.06.110 NONCONFORMING SIGNS.A.DEFINED.Signs existingat
time of adoption of this Chapter (November 14, 1977) which do not comply with the
provisions hereof shall be regarded as legal nonconforming signs.
B.REPAIRING AND PAINTING. Such signs may be removed for the purpose of
repairing and repainting them, and maybe replaced upon obtaining a permit and havingthe
same inspected. Suchsignmaybe removed and replaced under a single permit if the same
is replaced within sixty (60) days of its removal.
C.CHANGE OF OWNERSHIP. Upon change of ownership of the business advertised
byanysuch sign,the new owner maychange anyname or names on such sign so long as the
signadvertisesthe same type of businessand there is no change in the configuration ofsuch
sign.
D.REMODEliNG.Any such sign may be removed for the purpose of remodeling a
building and replaced within thirty (30) days after the remodeling is completed. Such sign
may be removed and replaced under a single permit.
E.ALlERATIONS.Alterations to such signs may be made only upon obtaining an
Exception Permit accordingto the provisionsofthis Chapter. (Ord.92-7,May 13,1992;Ord,
1753 §1,1977).
20.07.020 INTENT AND PURPOSE.The purpose and intent of this chapter is:
20.07.010 EFFECT OF CHAPTER. The following regulations shall apply to all
non residential districts. (Ord.89-19,Sept.13, 1989).
C. To insure an appropriate mix of land uses within commercial
districtsand to encourage development of land uses whichare lowtraffic generators.
BASE DEVELOPMENT ALLOCATION··total square footage of a site
multiplied by 0.5.
Effect of Chapter.
Intent and Purpose.
Definitions.
Land Use Intensities.
Conversion of Use.
Staggered Uses.
BuildingBulk.
Conflicts.
Transfer of Development Intensity.
Section 20.07.010
Section 20.07.020
Section 20.07.030
Section 20.07.040
Section 20.07.044
Section 20.07.046
Section 20.07.050
Section 20.07.060
Section 20.07.070
D. To regulate the visual and physical mass of structures consistent
with the unique character and visual scale of the City of Newport Beach. (Ord, 89-
19,Sept.f3, 1989).
20.07.030 DEFINITIONS
B. To encourage a variety of land uses within commercial districts,
while insuring that traffic generated by new development is consistent with the
capacity of streets and highways as specified in the Circulation Element;and
A.To implement provisions of the Land Use Element of the General
Plan that establish variable floor area limits depending upon the traffic generating
characteristics of the use proposed for the property;
Page 31-3
FLOOR AREA RATIOS
AND BUILDING BULK
Chapter 20.07
CHAPTER 20.07
FLOOR AREA RATIOS AND BUILDING BULK
Sections:
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Page 31-4
FLOOR AREA RATIOS
AND BUILDING BULK
Chapter 20.07
BASE FARUSE··ause which shall be permitted to develop ata floor area ratio
of 0.5,and includes those uses specified in Table 20.07.
BUILDING BULK··the visual and physical mass of a building,calculated in
accordance with Section 20.07.050.
FLOOR AREARATIO (FAR).·the ratio of gross floor areaofall uses onasite
to the total square footage ofthe site•
GROSS FLOOR AREA··for purposes of this chapter,gross floor area shall be
defined as the area of a building or portion thereof including the surrounding
exterior walls,except that outdoor dining areas utilized in conjunction with a
restaurant shall also be included.
Any finished portion ofa building which measures more than4 feet from finished
floor to ceiling andis accessible shall be included in calculations of gross floor area.
Areas utilized forstairwells and elevator shafts shall be counted towards gross floor
areaon only the first level.
MAXIMUM FAR USE··ause which may be permitted to develop up to the
maximum floor area ratio as listed in Table 20.07 andas otherwise provided herein.
MAXIMUM FLOOR AREA RATIO··a floor area ratio of 0.75 or 1.0 which may
be permitted in certain cases as specified in Section 20.07.040 B,Section 20.82.020
(D)andthe Land Use Element ofthe General Plan.
REDUCED FAR USB··a use which shall be limited to development at a floor
area ratio of 0.3 as specified in Table 20.07.(Ord.89·19,Sept.13,1989).
20.07.040 LAND USE INTENSITIES LandUSe intensities for non-residential
uses shall be as specified in the Land Use Element of the General Plan.
A.FIXED DESIGNATION.Where a single floor arearatioor square footage
limit is specified fora site,all uses permitted within the applicable district shall be
permitted to develop up to the floor area ratio or gross floor area limit specified.
B.VARIABLE FLOOR AREA RATIOS.Where variable designations are
specified fora site,as denoted bya slash,the permitted gross floor area shall vary,
and shall be prorated according to the type of use.Base development allocation
shall be calculated per Section 20.07.030.Thebase development allocation shall not
be exceeded by the sum of the weighted square footage of each use.Weighted
square footage shall be determined by multiplying gross floor areaofa given useby
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----------~--~--~~~~~~~~~~~~~~~~~~~--~~~~--~~---'
2.That the proposed commercial space is large enough to accom-
modate a viable business.
the weightingfactors below.Area devoted to each type of use shall be weighted as
follows:
A floor area ratio greater than 0.5 may only be permitted in accordance with the
variance procedures outlined in Section 20.82.020 (D).
1.That the proposed commercial space constitutes a significant
portion of the project.
Weighting Factor
1.0
1.67
0.5
Base FAR uses
Reduced FAR uses
Maximum FAR uses
Use CategoIY
C. MIXED COMMERCIAL/RESIDENTIALDEVELOPMENT.Where second
floor residential development is permitted in conjunction with a first floor
commercial use, the total floor area ratio of 1.25shall be permitted,provided that
the floor area ratio for commercial development does not exceed 0.5nor exceedsthe
base development allocation for commercial uses. In addition, the floor area ratio
for commercial development shall not be less than 0.25 unless a use permit is
approved, and the Planning Commission,or CityCouncilon reviewor appeal, makes
the following findingsin addition to those use permit findings required under Section
20.80.060 A:
In no case shall the base development allocation be exceeded except as provided for
previously existing buildings in accordance with Section 20.07.044 B, nor shall the
maximum floor area ratio specified in the Land Use Element of the General Plan
be exceeded.
Page 31·5
FLOOR AREA RATIOS
AND BUIWING BULK
Chapter 20.07
The number of dwelling units permitted in a mixed commercial/residential
development shall be as specified in the Land Use Element of the General Plan.
(Ord. 89·19, Sept.13, 1989).
20.07.044 CONVERSION OF USE
A.CONVERSION OF USES IN EXISTING BUILDINGS. Conversion of a
Maximum FAR use to a Base FAR use or to a Reduced FAR use,or conversion of
a Base FAR use to a Reduced FAR use in an existing structure may be permitted
provided that the base development allocation will not be exceeded.For mixed
nonresidential uses the ratios established in Section 20.030.040 shall apply.
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Page 31-6
FLOOR AREA RATIOS
AND BUILDING BULK
Chapter 20.07
B.CONVERSION OF USES IN BUILDINGS CONSmUcrED PRIORTO
OcrOBER 25,1988.Lawfully existing uses in buildings constructed prior to
October 25,1988 may continue,notwithstanding the provisions of this chapter.
Conversion ofa Maximum FARuseto a Base FARuseor to a Reduced FAR use,
or conversion of a Base FAR use to a Reduced FAR use such that the base
development allocation will be exceeded,may be permitted uponthe approval of a
use permit bythe Planning Commission,or City Council on review or appeal,subject
to allof the following findings in addition to those findings required in accordance
with Section 20.80.060 A:
1. Ithasbeen demonstrated thatthepeakhour traffic tobe generated
bythe proposed uses will not exceed that generated bythe existing
uses in the development,as determined in accordance with City
Council Policy S-l,
2. The projections of traffic to be generated utilize standard traffic
generation rates generally applied to a use ofthe type proposed,
per City Council Policy S-l,
3. The structures on the site were constructed prior to October 25,
1988,consistent with the policies and ordinances in effect at the
time of construction.
4. The building tenants would be restricted tothe uses and operation-
al characteristics upon which the traffic equivalency was based.
Relevant operational characteristics include,butarenot limited to,
hours of operation of onsite businesses,provision of valet parking,
off-site parking,andnet public area of restaurants.
5. The proposed use and physical improvements are such that the
approved project would not readily lend itself to conversion to a
higher traffic generating use.
6. The proposed uses are compatible with the surrounding area..
In cases where a Reduced FARuseis converted to a Base FARuse or Maximum
FAR use,or a Base FARuse is converted to a Maximum FARuse,no credit for
future increases in floor area ratio shall be given.Mixed nonresidential uses shall
be governed bythe provisions of Section 20.07.040 (C).(Ord.89-19,Sept.13,1989).
20.07.046 STAGGERED USES.In no case shall the staggering of uses at
various times of day,such as daytime versus night time,be utilized to justify a higher
floor arearatioor conversion ofusefor buildings constructed subsequent to October
24,1988 than would otherwise be permitted.(Ord,89-19,Sept.13,1989).
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Where a covered parking area is partially subterranean,gross floor area of the
covered parking area shall be prorated as follows:
Buildingbulk shall also include the gross square footage of above grade or partially
subterranean covered parking areas, except where specifically excluded for a
particular location under the Land Use Element of the General Plan.
Building bulk shall not exceed a factor equal to the permitted floor area ratio plus
0.25for commercial uses or 0.35for mixed residential/commercial uses. (Ord,89-19,
Sept.13, 1989).
20.07.050 BUILDING BULK. Building bulk shall be calculated to be gross
floor area excluding outdoor dining areas and with the addition of courtyards not
open on at least two sides. An area whichis open to the skyand is open on one side
shall be considered to be consistent with this provision.
Land
Use
100 %
75 %
50%
25 %
Not counted
Portion of parking area counted
towards gross square footage
General
Category
LAND USE CA1EGORIES
greater than 8 feet
6-8 feet
4-6 feet
2-4 feet
less than 2 feet
Height of ceiling
above natural grade
Page 31-7
FLOOR AREA RATIOS
AND BUILDING BULK
Chapter 20.07
In addition, for purposes of calculating building bulk, the floor area devoted to
portions of a building which span more than one floor, such as multi-level lobbies,
stairwells, and elevator shafts shall be counted at each floor level. Any level of a
building whichmeasures more than 18feet from finished floor to finished floor level
or from finished floor to the average height of the roof above finished floor, shall be
considered to occupy two floor levels.
20.07.060 CONFLICTS.In any case where there is a conflict between this
chapter and any other portion of the Zoning Code, the provisions of this chapter
shall prevail. (Ord.89-19,Sept.13, 1989).
Table 20.07
Allowable
Floor Area Ratio
Reduced FAR Uses
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__________M.•••.._.._._._•••••_••••__•••_.___•__.___ __••••••
....................._--_-----_--_.._----_.------_-_-.-------_....
..............----.---.---------_----____---_..___-_--..
(Floor area ratio up to 0.3)
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Auditorium/Public Assembly
Theater
Drive-In/Take Out Restaurant
Restaurant
Drive-In Facilities
Health Club/Aerobics Studio
Mini·Mart
Social
Art Studios
Dance Studios
Interior Dec.Studios
Music/Art Schools
Photography Studios
Private Instructional Facilities
Boat Charters/Rentals
Boat Sales
Auto Detailing
Auto Rental (Office Only)
Auto Rental (Vehicles Present)
Auto Repairs
Auto Sales/Leasing
Gasoline Service Stations
Animal Hospitals
Chiropractors
Dental Office
Medical Office
Accountants
Architects
Attorneys
Editorial and Designing
Engineers
Land
~
Assembly
Food Uses
Misc.
Art/Instruction
Marine Uses
Art/Inst.(Cont.)
Auto Uses
Page 31·8
FLOOR AREA RATIOS
AND BUILDING BULK
Chapter 20.07
Medical
General
cateiQIY
Misc.Office
Base FAR Uses
(Floor arearatioup to 0.5)
Allowable
Eloor Area RatiQ
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Personal Service
Retail
Miscellaneous
Clubs
Maximum Far Uses
(Floor area ratio up to 0.75 or 1.0)
Marine Uses
Overnight Accom-
modations
Industrial
Page 31-9
FLOOR AREA RATIOS
AND BUILDING BULK
Chapter 20.07
Marine-Related Office
Professional Services
Realtors/Escrow
Research and Development
Acupuncture
Barbers
Beauty Parlors
Cleaners/Laundries
Fortune Telling
Massage Parlor
Personal Services
Tailor
Art Galleries
Bakeries
Book Stores
Delicatessen
Jewelry Stores
Pet Shops
Pharmacies
Plant Nurseries
Retail Marine Sales
Retail Sales
Shoe Repair
Specialty Foods
Specialty Shops
Banks/Lenders
Community Centers
Day Care
Handicraft Establishments
Laundromat
Printing
Service Club
Yacht Club
Boat Building
Boat Haul-Out
Boat Repair
Hotel
Motel
General Light Industrial
A.DEFINITIONS.
INCREASED SITE--a parcel of land to which development rights are
transferred
DECREASED SITE--a parcel of land from which development rights are
transferred
B.TOTAL GROSS FLOOR AREA.The total gross floor area permitted
onthe parcels involved inthe transfer of development intensity shall not exceed the
total floor area which would otherwise be permitted by this chapter,taking into
account the types of uses to be developed.
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Page 31·10
FLOORAREA RATIOS
AND BUILDING BULK
Chapter 20.07
General Light Manufacturing
Heavy Industrial
Laboratories
Machine Shops
Marine Industrial
Marine Manufacturing
Research Laboratories
Wholesale Sales
Congregate Care Facilities
Elderly Residential
Dry Boat Storage
Mini-storage
Storage
Wholesale
Group Living
Storage
(Ord.89-35,Dec.27,1989;Ord.89-19,Sept.13,1989).
Section 20.07.070 TRANSFER OF DEVELOPMENT INTENSITY.The
Planning Commission may,byuse permit,provide for the transfer of development
Intensity from anyone ormore parcels to any other parcel or parcels,provided that
the requirements of this section are met.
C.MAXIMUM GROSS FLOOR AREAFORANINCREASED SITE.The
gross floor areaon any increased site shall not exceed one times the buildable area
ofthe siteorthe gross floorarea before the intensity transfer,whichever is greater.
D.MAXIMUM GROSS FLOOR AREAFORA DECREASED SITE.The
maximum gross floor area permitted ona decreased site shall be reduced by amount
ofthe transfer of development intensity,taking into account the types oflanduseto
be developed and calculated in accordance with Section 20.07.040.
E.BUILDING BULK.As provided in Section 20.07.050,the total building
I bulk permitted onthe parcels involved inthe transfer of development intensity shall
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Page 31·11
FLOOR AREA RATIOS
AND BUILDING BULK
Chapter 20.07
not exceed the total permitted grossfloor area plus 0.25times the total lot area of
the parcels.
F. VARIABLE AND FIXED FLOOR AREA RATIOS. Transfer of
development intensityshall not be permitted between a site havinga flxedfloor area
ratio and a site having a variable floor area ratio.
G.NONCONFORMING DEVELOPMENTS. Where a transfer of
developmentintensity involves anyparcel whichdoesnot conformto current intensity
limits,the nonconformingconditionshallbe eliminated and the total grossfloor area
following the intensity transfer shall be as provided in Subsection B, above.
H. DISTANCEBETWEEN TRANSFER SITES. Theparcels betweenwhich
development rights are to be transferred shall not be separated by a distance in
excess of 1,000 feet unless the parcels are located within the same Planned
CommunityDistrict or a transfer of development intensity between specific sites is
expressly provided under the General Plan.
I.TRAFFIC STUDY. Depending upon the distance between parcels
involved in a transfer of development intensity, a traffic study may be required in
order to insure against a net negative effect on the circulation system.
J.REQUIRED FINDINGS. When approvinga use permit for a transfer of
development intensity, the Planning Commission,or the City Council on review or
appeal, shall make the following findings in addition to those required under Section
20.80.060 A:
a. The transfer of development intensitywill result in a more efficient use
of land or an increase in public visual open space.
b. The transfer of development intensity will result in a net benefit to the
aesthetics of the area.
c. The increased development on the site, including above grade covered
parking, does not create abrupt changesin scale between the proposed development
and development in the surrounding area.
d. The proposed uses and structures,includingabovegrade coveredparking,
are compatible with the surrounding area.
e. The increased development on the increased site, including above grade
covered parking, will not result in significant impairment of public views.
Page31·12
FLOORAREA RATIOS
AND BUILDING BULK
Chapter 20.07
f. The increased site is physically suitable for the development proposed,
including above grade covered parking,taking into consideration site characteristics
including,but not limited to,slopes,submerged areas,and sensitive resources.
g. The transfer of development intensity will not result in a net negative
impacton the circulation system.
h. The projections of traffic to be generated utilize standard traffic
generation rates generally applied to a use of the type proposed per City Council
Policy s-t.
i. The proposed uses and physical improvements aresuchthatthe approved
projects would not readily lend themselves to conversion to higher traffic generating
uses.
K. LEGAL ASSURANCES.A covenant or other suitable,legally binding
agreement shallbe recorded against the decreased site assuring thatallofthe above
requirements will be met bythe current and future property owners.(Ord.90-16,
May 23,1990).
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CHAPTER 20.08
TRANSPORTATION DEMAND MANAGEMENT ORDINANCE
(A)"Alternative Transportation Modes"means any mode of travel that serves as an
alternative to the single occupant vehicle. This can include all forms of ridesharing,such
as carpooling or vanpooling, as well as public transit, bicycling or walking.
Page 31·13
TRANSPORTATION
DEMAND MANAGEMENT
ORDINANCE
Chapter 20.08
Findings
Purpose
Definitions
Transportation Demand Management Requirements
Applicability
Employment Generation Factors
Site Development Requirements
Equivalent Facilities or Measures
Appeal
Section 20.08.010
Section 20.08.020
Section 20.08.030
Section 20.08.040
Section 20.08.050
Section 20.08.060
Section 20.08.070
Section 20.08.080
Section 20.08.090
Sections:
20.08.010 FINDINGS.The CityCouncil of the Cityof Newport Beach finds that,
generally,increased traffic congestion contributes to deterioration in air quality, inefficient
use of energy resources,and adversely impacts public and private sector economics due to
reduced productivity of the work force.The City Council further finds that Transportation
Demand Management (TDM)strategies can be effective in reducing traffic congestion and
should be implemented by local government as part of the region-wide efforts to improve
air quality,conserve energy and enhance the effectiveness ofexisting transportation facilities.
(Ord, No. 91-16, May 22, 1991).
20.08.020 PURPOSE.The City Council of the City of Newport Beach declares
that this ordinance is intended to meet the requirements of Government Code Section
65089(b)(3), which requires development of a trip reduction ordinance and travel demand
element to the Congestion Management Program,and Government Code Section 65089.3(b)
which requires adoption and implementation of a Trip Reduction and Travel Demand
Ordinance.(Ord. No. 91-16,May 22, 1991).
20.08.030 DEFINITIONS.For purposes ofthis Ordinance,the definitions for the
following terms shall apply:
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(iii)provide those facilities that support such alternate modes.
Employment projections shallbe developed bytheproject applicant,subject to approval by
the City.(Ord.No.91-16,May 22,1991).
20.08.060 EMPLOYMENT GENERATION FACTORS.The following
generation factors are the basis for determining employment projections in the absence of
more specific information:
Page 31-14
TRANSPORTATION
DEMAND MANAGEMENT
ORDINANCE
Chapter 20.08
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500
250
525
1.0/room
Gross Square feet/EmployeeLandUseCate~oo:
Retail
Office/Professional
Industrial
Hotel
(B)"New Development Project"means any non-residential project being processed where
some level of discretionary action bya decision-making body is required.(Ord.No.91-16,
May 22,1991).
20.08.040 TRANSPORTATION DEMAND MANAGEMENT
REQUIREMENTS.No building or grading permit shall be issued,and no construction
shall commence,for any project covered by this Chapter untilthe Planning Commission or
City Council,on appeal or review,makes written findings that Transportation Demand
Management program has been developed which will:
(i)reduce the number of peak-period vehicle trips generated in association with
the additional development;and,
(ii)promote and encourage theuseof alternative transportation modes,such as
ridesharing,carpools,vanpools,public transit,bicycles and walking;and,
(Ord,No.91·16,May 22,1991).
20.08.050 APPLICABILITY.This Chapter shallapply toall new,non-residential
development projects that are estimated to employ a totalof 100 or more persons,or the
current limit set forthbythe South Coast Air Quality Management District in Regulation
XV,whichever is lower at the timeof project submittal.For the purposes of this section,
the effective date of project submittal shall be that date upon which the Planning
Department accepts the application as complete.(Ord.No.91-16,May 22,1991).
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Page 31-15
TRANSPORTATION
DEMAND MANAGEMENT
ORDINANCE
Chapter 20.08
20.08.070 SITE DEVELOPMENT REQUIREMENTS.All developmentsshall
be subject to the following Site Development Requirements of this chapter:
(i) A parkingspace shallbe reserved and designated for each identified carpool.
Carpool spaces shall only be used by carpool vehicles and shall be located near the
employee entrance or at other preferential locations, as approved by the City Traffic
Engineer. A minimum of fivepercent (5%) of the provided parking shall be reserved for
carpools. Additional spaces shall be designated for each new carpool whichforms.
(ii)Bicycle lockers shall be provided for use by employees or tenants who
commute by bicycle.A minimum of two lockers per 100 employees shall be provided.
Additional lockers shall be provided at such time as employees or tenants demonstrate
demand and may be installed in designated vehicle parking spaces at the ratio of three
lockers for each space. Demand shall be deemed to have been demonstrated when an
employee or tenant commitsto riding an average of two days per week.
(iii)Lockers and showers:A minimum of one shower and two lockers shall be
provided. Provisions shall be made for a second shower and additional lockers to the
installed at such time as four or more persons within anyone-hour period indicate a need
to showeras a result of bicycling,running,walking,or other commute mode likelyto result
in such a need.
(iv) Information on transportation alternatives: A commuter information area
shall be provided in one or more central areas that are accessible to all employees or
tenants. Informationshallinclude,but not be limitedto,current maps,routes and schedules
for public transit; ridesharing match lists; available commuter incentives and ridesharing
promotional material supplied by commuter-oriented organizations.
(v) Rideshare vehicle loading area: A rideshare vehicle loading area shall be
designated at a location approved by the City Traffic Engineer. Such. areas shall
accommodate a minimum of two passenger vehicles for the first 25,000 square feet of
development, plus one for each 50,000 square feet of additional development or fraction
thereof.
(vi) Vanpool accessibility:the design of all parking facilities shall incorporate
provisions for accessand parking ofvanpoolvehicles. Where applicable, a minimum 7'-2"
vertical clearance shall be provided and the spaces shall be located near the employee
entrance or other preferential location, as rnay be approved by the CityTraffic Engineer.
A vanpool space shall be reserved and designated for each identified vanpool at the site.
Page 31-16
TRANSPORTATION
DEMAND MANAGEMENT
ORDINANCE
Chapter 20.08
(vii)Busstop improvements:busstop improvements,including bus pullouts,bus
pads, and right-of-way for bus benches and shelters shall be required for developments
located along arterials where publictransit exists or is anticipated to exist within five (5)
years.Improvements shall be developed in consideration of the levelof transit ridership
andtheimpactof stopped busses onother traffic.All such improvements shallbe reviewed
bythe appropriate public transit agencies.
20.08.080 EQUNAlENT FACUlTIES OR MEASURES.The project applicant
shall have the option of deleting or modifying any or all of the Site Development
Requirements if equivalent facilities or measures are provided.The applicant must
demonstrate the equivalency of the proposed measures tothe satisfaction ofthe City Traffic
Engineer prior to consideration by the Planning Commission.(Ord. No.91-16,May 22,
1991).
20.08.090 APPEAL.(A)The determination of the Planning Commission shall
be final unless thereshallbe an appealby the applicant or any otherpersonpursuantto the
procedure set forth in Section 20.80.070 of the Newport Beach Municipal Code.Such
appeal shallbe limited to evidence presented before,and the findings of, the Planning
Commission.
(B)The City Council shall have a Rightof Review as set forthin Section 20.80.075 of
the Newport Beach Municipal Code,as limited above.(Ord,No.91-16,May 22,1991).
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Chapters:
20.10
20.11
20.12
20.13
20.14
20.15
20.16
20.17
20.18
20.19
20.20
PART II:RESIDENTIAL DISTRICTS
General Controls -Residential Districts
Residential Development Standards
R-A District
R-1 District
R-1.5 District
R-2 District
R-3 District
R-4 District
"B"Combining District
Multi-Family Residential (MFR)District
Mobile Home Parks
GENERAL CONTROLS -RESIDENTIAL DIS1RICfS
Chapter 20.10
20.10.010 EFFECf OF CHAPlER.The generalcontrolscontainedin this
Chapter shall apply to all developments in Residential Districts.
(a)Recreational establishments,including:circuses,carnivals,amusement parks,
fun zones, open air theaters,race tracks, private recreation centers, or other
similar establishments.
Effect of Chapter.
Temporary Structures and Uses.
Uses Requiring Use Permit.
Short Term LodgingPermitted.
Extensions Into Yards.
AccessoryBuildings- Yards.
Swimming Pools - Yards - Equipment.
Underground Storage of Flammable Liquids,
Parking.
Residential Property Maintenance
20.10.010
20.10.015
20.10.020
20.10.022
20.10.025
20.10.030
20.10.035
20.10.040
20.10.050
20.10.060
"(c) Institutions, cemeteries, public buildings,including:churches, schools,
hospitals, parks and playgrounds,yacht clubs,cemeteries of 20 acres
minimum, mausoleums, crematories, public utilities, public and quasi-public
Page 32
GENERAL CONTROLS
RESIDENTIAL
Chapter 20.10
(b) Parking lots. Public or no fee private parking lots for automobiles maybe
permitted inany "R"District adjacent to any "C"or "M"District subject to the
securing of a Use Permit in each case.
Sections:
20.10.015 TEMPORARY STRUCfURES AND USES. The Director of
Community Development may approve temporary tract and sales offices for the first sale
of structures and/or lots in any residential district for a period of time not to exceed one
year following the recordation of the final subdivision map. Extensions of time for
temporary uses and structures may be authorized by the Director of Community
Development. (Ord.1753 §2, 1977).
20.10.020 USES REQUIRING USE PERMIT. The following uses shall
be permitted in any residential district subject to the securing of a Use Permit:
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(f)
(e)
(d)
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GENERAL CONTROlS
RESIDENTIAL
Chapter 20.10
buildings,senior citizen housing facilities (where residency is limited to
elderly persons),and municipally-operated parking lots.
Removal of earthen materials.No permit shall be required for normal
grading or landscaping on lots of record.
Heliports and Helistops.No helicopter shall land or take offandno heliport
or helistop shall be established in any R·1 or R·2 District.In any district
other than R-1 or R-2,no helicopter shall land or take offand no heliport or
helistop shall be established unless a Use Permit shall first have been secured
forthe establishment,maintenance,and operation of such use.
The Director of Community Development may approve temporary helistops
in any zoning district ofthe City for a period notto exceed 90 days forusein
connection with major construction sites ifhe determines that such helistops
will not unduly interfere with the health,safety and welfare ofpersons owning
property inthe surrounding area and he may attach appropriate conditions to
such approval.
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
ofthe lighting fIXtUres.This provision shall not be construed soasto require
a use permit for lighting fixtures which are normally incidental to theuseof
a residential structure.(Ord.1446,June 26,1972;Ord.1130,June 28,1965;
Ord.1127,May 10,1965;Ord.1115,Jan.25.1965;1949 Code f 9105.1(1)
added by Ord.635,Dec.12,1950)
20.10.022 SHORT TERM LODGING PERMITTED.Any dwelling unit
otherwise permitted by this Title may be used for short term lodging purposes as defined
in Chapter 5.95 ofthe Municlpal Code subject to the securing of:
A.A Business License pursuant to Chapter 5.04 of the Municipal Code.
B.A Transient Occupancy Registration Certificate pursuant to Section 3.16.060
ofthe Municipal Code.
C.A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal
Code.(Ord,92-24,June 25,1992)
L-~________~~__~~______~_~~~__~__~~_~~
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Anysuch 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 2V2 feet.
"Roll-up garage doors shall be required when garage door openings are located closer than
two and one half feet to a twenty foot wide alley.
Fireplaces and chimneysnot to exceed 9 feet in width may encroach to a maximum distance
of 2V2 feet from anyside yard setback line provided that such encroachment must be at least
2 feet from any side property line.
5'
3'9"
0'"
SetbackAlley Width
15' or less
15'1"to 19'11"
20' or more
Page 34
GENERAL CONTROLS
RESIDENTIAL
Chapter 20.10
B.FIREPLACES AND CIDMNEYS.Fireplaces and chimneys not to exceed 8 feet in
width, 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.
20.10.025 EXTENSIONS INTO YARDS.A ARCHITECTURALFEA·
TURES.Architectural features such as cornices or eaves may extend not exceeding 21,4 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.
C.OPEN PORCHES AND LANDINGS.Open uncovered porches or landings may I
project a distance not exceeding 5 feet into any required front yard setback.V!>~1!:<1.~6.-?
t-t ..-Ie H'iVI,,<oI-T'
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 building nor 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 6V2 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 to 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 20.10.025 (G),and Section 20.02.070.
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Page 35
GENERAL CONTROLS
RESIDENTIAL
Chapter 20.10
G.ENCROACHMENTS IN RESIDENTIAL REAR YARD SETBACKS ABUTIlNG
ALLEYS.In residential districts having alleys to the rear of lots or building sites,a
second-story projection will be permitted to encroach intothe setback stipulated in Section
20.10.025 (F),subject to the following conditions:
(1)No projection may extend closer than 7'6"to the center of any alley.
(2)No projection may extend closer than 2'6"to the rear property line.
(3)That portion ofthe building which encroaches intothe 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-rive feet.
H.BAY WINDOWS AND GREENHOUSE WINDOWS.The terms "bay windows"and
"greenhouse windows"shall be defined as window openings in or projections extending
beyond the wall ofa building which satisfy all ofthe following criteria:
a. the interior surface is elevated at least 18 inches above the adjacent
finished floor surface at the required building setback line;and
b. the overall vertical dimension ofthe projection does not exceed a height
of 10 feet;and
c. the opening is limited by design from being used asa dooror entry.
Bay windows and greenhouse windows not to exceed 8 feet in width,may encroach a
distance of2feet into any required front yard setback of 10ieet or more.Said windows not
to exceed 8feetin width,may also encroach a distance of16 inches into any requiredfront
yard setback ranging from 4 feet to less than10 feet.
Bay windows and greenhouse windows,located on the first floor of a structure,not to
exceed 8 feet in width,may encroach a distance of 2 feet into any required side yard
setback,provided that said encroachment shall beatleast2feet from any side property line.
Bay windows and greenhouse windows not to exceed 8 feet in width,may encroach a
distance of2 feet into any required rear yard setback,unless therear property line ofthe
lot is adjacent to an alley.
Bay windows and greenhouse windows not to exceed 8 feet in width,may encroach a
distance of2 feet into any required setback between buildings on the same lot.
No more than2 bay windows or greenhouse windows ona structure shall be permitted to
encroach intoanyone setback.
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Page 36
GENERAL CONTROLS
RESIDENTIAL
Chapter 20.10
Total permitted front or rear yard setback encroachments, including bay windows,
greenhouse windows,and chimneysshall not exceed50percent of the buildable widthofthe
lot.
I. BALCONIES-FRONT YARDS ABUTTING EAST OCEAN FRONT AND WEST
OCEAN FRONT. Balconies may encroach up to a maximum of three feet into any
required front yard setbacks along East Ocean Front and West Ocean Front. Balcony
railings shall be limited to a maximum height of 42 inches, and shall be constructed of
transparent material or, if constructed of opaque material, must be at least 40% open.
Balconies constructed after the effective date of this ordinance shall be cantilevered such
that no underlyingsupport is necessary. Roofs shallnot be permitted in required front yard
setbacks except asprovided in Section 20.1O.025(A).Patios and raised decks located on the
ground floor or lower level which encroach into required front yard setbacks shall be
constructed in accordance with Sections 20.02.070 and 20.02.071 of the Newport Beach
Municipal Code. (Ord.95-18,June 21,1995;Ord.94-51,November 23,1994;Ord.93-18,
Sept. 22,1993;Ord.92-34,August 26,1992;Ord.88-31,October 12,1988;Ord. 86·31,
January 7,1987;Ord.1789 §1,1979;Ord. 1398 §1, August 9,1971;Ord.1176 §2,
September 12,1966;Ord.1034,April 8,1963;1949 Code §9105.4 (a-g)added by Ord.635,
December 12,1950).
20.10.030 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 be at least 6
feet from any dwelling building or other accessory building existing or under construction
on the same lot. (Ord.92-43,September 23,1992;Ord.92-7,May 13, 1992; Ord. 88·31,
October 12,1988;Ord.1034,April 8,1963;1949 Code §9105.4(h)added by Ord.635,
December 12,1950).
20.10.035 SWIMMING POOLSANDRELATED EQUIPMENT -YARDS.
Any swimming pool, fishpond, or other bodyofwater which contains water eighteen inches
or more in depth for use in connection with any residential use shall be permitted in any
required yard space, provided that the enclosing fence required in Chapter 15.04 of this
Code is permitted under the provisions of Sections 20.02.070 and 20.10.025,F, of this
Chapter.
Any pump, filter or heater installed to serve such bodyof water within ten feet of a side or
rear property line (unless said property line is adjacent to a street or alley) shall be sound
attenuated in such a manner as to achieve a maximum sound level of 55 dBA at said
property line. Anysuchpump, filter or heater shall notbe considered an accessorybuilding
so long as any required housing thereof does not exceedsixfeet in height. Pumps maybe
operated only between the hours of 8:00 a.m,and 10p.m.
Should it be determined byan acoustical engineer that the existing ambient noise levels at
a specificsite exceed 55 dBA at 10:00p.m.,then the acoustical engineer shall certifythat
~~-~-------------------------....J
B.Parking of automobiles on the roof of a building in any residential district is not
allowed.
C.Parking or storage of trailers,campers,boats,motorcycles or motor vehicles shall not
be allowed on vacant lots.
A.Storage or parking space for the parking of automobiles offthestreet shall be provided
in any residential district as follows:
4. Not less than one independently accessible parking space for each two guest
rooms in any hotel.
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PARKING20.10.050
1.Not less thanone and one-half parking spaces for each dwelling unit.
2. Not less thanthree parking spaces for any structure containing 2,000 squarefeet
or more,exclusive of areas devoted to parking and open space,unless the
structure isa single-family dwelling.
3. Not less thanone covered,independently accessible parking space foreach two
guest rooms in any rooming house.
Page 37
GENERAL CON1ROLS
RESIDENTIAL
Chapter 20.10
the operation ofthe pool pump or related equipment will not result inany increase in noise
levels over the ambient level as determined by said acoustical engineer.(Ord,82-19,
October 13,1982;Ord.1876 §1,1981;1949 Code §9105.41 added by Ord.924,July 11,
1960.)
20.10.040 UNDERGROUND STORAGE OF FLAMMABLE LIQUIDS.
The underground storage of flammable liquids shall be prohibited inany residential district
in the City.(Ord.1834 §1,1980).
20.10.045 AIR CONDmONING EQUIPMENT -YARDS.Any air-
conditioning equipment installed within tenfeetofa sideorrear property line (unless said
property lineis adjacent to a streetor an alley)shall be sound attenuated in such a manner
asto achieve a maximum sound level of55 dBA at said property line.Any such equipment
shall not be considered an accessory building so long as any required housing thereof does
not exceed six feetin height.(Ord.1876 §2,1981).
5. Not less thanone independently accessible parking space for each guestunit in
any motel.
Parking spaces required forother uses allowed in any residential district notset forth above
shall be determined bythe Planning Commission.
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Page 38
GENERAL CONTROLS
RESIDENTIAL
Chapter 20.10
D.In addition to the above noted parking standards, the following parking controls shall
also apply:
1.For each dwellingunit there shall be at least one covered parking space.
2.For each dwelling unit, there shall be at least one independently accessible
parking space.
3.Tandem parking up to a maximum of two cars in depth shall be permitted.
4. Parking or storage of trailers, campers,and boats in sideyards shall be permitted
behind the front yard setback area; provided, however,that structural
encroachments shall not be permitted, except as noted in this section. When
three parking spaces are provided across the rear of a lot less than 30 feet 10
inches wide, one garage wall may encroach into the required side yard setback.
Its distance from the property line shall be not less than 26 inches plus the
amount (if any) that the width of the lot exceeds30 feet.The substandard side
yard created thereby shall have a clear passageway 26 inches wide,unobstructed
by fences, utility meters, hose bibs, or any other appurtenances which could
interfere with use of the passageway by emergency personnel or equipment.
5. Parking of automobiles and motorcycles in front yards shall be permitted only
on driveways in front of garages that set back at least nineteen feet from the
front property line and aprons adjacent thereto; or where an approved curb cut
and drive apron provide accessto a pavedparking area: provided, however,that
structural encroachments shall not be permitted.
E. The one covered parking space that is required for each dwelling unit shall be included
in the grossfloor arefl.However, the following areas need not be included in the grossfloor
area:
1.Other parking spaces which are open on at least two sides, or open on one side
and one end; and
2.Twenty-five square feet of storage area adjacent to or a part of a parking space
on a lot less than thirty-twofeet wide: provided that no plumbing is located in
said area, and provided that three parking spaces are provided side by side
across one end of the lot.
F. Structures which were in existence or under construction on the effective date of this
Ordinance, and which do not provide the required number of parking spaces, may be
expanded or altered in accordance with the provisions of Chapter 20.83. (Ord.95-5,April
12,;995;Ord.90-22,June 13,1990;Ord. 1876 §3,1981;Ord. 1856 §1, 1980.)
Page 38-1
GENERAL CONTROLS
RESIDENTIAL
Chapter 20.10
20.10.060 RESIDENTIAL PROPERTY MAINTENANCE.Lots
locatedin residential districts shallbe maintained in such a manner to prevent unsafe or
unsightly conditions including:
A.The storage or accumulation of household Items --except furniture designed for
outdoor use,barbecues and plants •• on patios,roofs,balconies and in yards when such
items are visible froma publicstreet,alley,sidewalk or other public right-of-way.
B.Private driveways or walkways which,due to deterioration or lack of
maintenance,createa hazard to pedestrians.
C. The outdoor storageoflarge household appliances such as refrigerators,freezers,
washers and dryers,in any area accessible to minors who are not under the care and
supervision of the owner or personin charge ofthe property.(Ord,95·5,April 12,1995.)
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RESIDENTIAL DEVELOPMENT STANDARDS
Chapter 20.11
A The areas of Corona del Mar in which the provisions of this Chapter shall be
controlling are more particularly described as follows:
Page 39
RESIDENTIAL DEVELOP·
MENT STANDARDS
Chapter 20.11
Effect of Chapter.
BuildingHeight and Floor Area Limit.
Parking.
Open Space Options.
20.11.010
20.11.020
20.11.030
20.11.040
Sections:
20.11.010 EFFECT OF CHAPTER. The residential development
standards contained in this Chapter shall applyto all dwellings located in the R·l,R-3, and
R-4 Residential Districts in Corona del Mar, West Newport and the Balboa Peninsula as
those areas are more particularly described below. Dwellingsin those areas shall also be
subject to all other provisionsofthis Title. Where there is a conflict between this Chapter
and another provision of this Title, the provisions of this Chapter shall be controlling.
That area commonly referred to as old Corona del Mar generally bounded by
AvocadoAvenue,PacificCoast Highway,Fifth Avenue, the easterlyboundary 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 Cityof 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:
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RESIDENTIAL DEVELOP-
MENT STANDARDS
Chapter 20.11
Beginning at the intersection ofthe westerly boundary ofthe City of Newport Beach
and the Mean High TideLine of the Pacific Ocean;thence proceeding northerly
along said City Boundary to the intersection of said Boundary with the northerly
right-of-way lineof Pacific Coast Highway;thence dueEast a distance of1±foot
to an intersection with the City Boundary on the easterly sideof 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 toan
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,saidpoint 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 lineto U.S.Bulkhead Station #162:thence
southerly in a straight lineto 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 ofthe U.S.Bulkhead Line to an intersection with the Mean
High Tide Line;thence westerly and northwesterly along saidMean High Tide Une
to the pointof Beginning.(Ord.1540 §1 (part),1974:Ord.1754 §1,1977).
20.11.020 BUILDING HEIGHT AND FLOOR AREA liMIT.
A In the R-t District in the areas of West Newport and the Balboa Peninsula,
the total gross floor area,including basements,garages and carports,but excluding decks,
balconies or patios openon at least two sides,contained in all buildings on a building site
shall not exceed two times the buildable area ofthe site.In the area designated as Old
Corona del Mar,thetotal gross floor area shall not exceed oneand one-half (1.5)times the
buildable area of the site.For dwellings and permitted accessory buildings,the building
height limit shall be 24/28as specified in Chapter 20.02.
B.In the R-3 and R-4 Districts in the areas of West Newport and the Balboa
Peninsula,the total gross floor area contained in all buildings on a building site shall not
exceed three times the buildable areaofthe site;provided,however,that floor area devoted
to parking within a building or to decks,balconies or patios openonatleast two sides shah
notbe considered in determining thetotal floor area allowed.In thearea designated asOld
Corona del Mar,thetotal gross floor area shall not exceed oneand one-half (1.5)times the
buildable area ofthesiteinthe R-3,R-4,andMFR Districts.The height limitinthe R-3
District shall be 24/28 feet on the front one-half of the lot and 28/32feet on the rear
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RESIDENTIAL DEVELOP-
MENT STANDARDS
Chapter 20.11
one-half of the lot, except where in the opinion of the Planning Commissiondifferences in
grade warrant individual consideration.The height limit in the R-4 District shall be 28/32
feet as specified in Chapter 20.02.(Ord.92-43,September 23, 1992;Ord.89-28,Dec. 27,
1989:Ord. 1824 §1, 1979;Ord. 1754 §1,1977;Ord. 1540 §1 (part),1974).
20.11.030 PARKING. Regulations are as specified in Section 20.10.050 of
General Controls -Residential Districts. (Ord.1856,§2,1980).
20.11.040 OPEN SPACE OPTION. In the R-l,R-3 and R-4 Districts as
designated in Section 20.11.010,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 sixfeet and may be provided
anywhereon the lot behind the required yard setback lines. 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, except as indicated in this section, and may be used for outdoor living area.Open
spacewith a dimension ofless than sixfeet in any direction maybe included in the required
volume of open space, provided that said space is contiguous to required open space that
provides a minimum sixfoot dimension in any direction. Roofs, balconies, decks, patios,
cornices,exterior stairwayswithopen risersand open railings,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 structure or any portion thereof.
(Ord. 1629 §1,1975:Ord. 1540 §1 (part),1974:Ord. 1754 §1, 1977,and as amended by
Ord.83-10;March 16, 1983).
(a) Single-familydwellings.
Chapter 20.12
R-A DISTRICT
20.12.010 EFFECT OF CHAPlER.The following regulations shall apply
in all R-A Districts, subject to the provisions of Chapter 20.10.
USES PERMfI'I ED.The followinguses shall be permitted in
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height limit.
Site Area and Lot Width.
Site Area Coverage.
Yards.
Accessory Building Location.
Extensions Into Yards.
Accessory Buildings - Yards.
SwimmingPools - Yards -Equipment.
Changes in Yard Requirements.
Parking.
(b) Light farming, except commercial dairies,commercial kennels, commercial
rabbit, fox, goat or hog farms, or commercial poultry ranches.
(c) Accessoryuses normally incidental to a single family dwelling or light farming.
This is not to be construed as permitting any commercial use.
20.12.010
20.12.015
20.12.020
20.12.025
20.12.030
20.12.035
20.12.040
20.12.045
20.12.050
20.12.055
20.12.060
20.12.065
20.12.075
Page 42
R-A DISTRICT
Chapter 20.12
20.12.015
the R-A District:
Sections:
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R-A DISnuCf
Chapter 20.12
(d)Temporary structures and uses.Regulations are as specified in Section
20.10.015 of General Controls -Residential Districts.
(Ord.1753 §29,1977:Ord.1172 §1;August 8,1966:prior 1949 Code §9103.01 added
byOrd.635;December 12,1950 and amended byOrd.1158 §1;May9,1966).
20.12.020 USES REQUIRING USE PERMIT.The following uses shall be
permitted subject to the securing of a Use Permitin each case:
(a)Commercial nurseries.
(b)Recreational establishments,parking lots,institutions,cemeteries,public
buildings,removal of earthen materials,helipotts and helistops,outdoor
lighting may be permitted as specified mote particularly in Section 20.10.020
ofthe General Controls -Residential Districts.
20.12.025 BUILDING HEIGHT liMiT.The building height limit shallbe as
specified in Chapter 20.02.(Ord.1454 §5;September 11,1972:prior 1949 Code §9103.2
added by Ord,635;December 12,1950).
20.12.030 SITEAREAANDLOT WIDTH.Thereshallbe a minimum building
site area of 6,000 squarefeet anda minimum lot width of 60 feet.In no caseshallthere
bemorethanone single-family dwelling onanyone building site.Any lotorparcelofland
underone ownership andofrecordon August 2,1943 may be usedas a building site even
when of less area or width than that required bythe provisions of this section.
20.12.035 SITEAREA COVERAGE.For aggregate building coverage thereshall
be a maximum coverage offortypercent (40%)of building sitearea.(1949 Code §9103.04
addedby Ord,635;December 12,1950).
20.12.040 YARDS.A.FRONT YARDS.The minimum width required forfront
yards shall be 20 feet,except as may be otherwise indicated on the Districting Maps.
Distances shown onthe Districting Maps are to be measured fromthefront property line,
unless a different lineis shown on the Districting Map.(Ord,85-12;June 12,1985).
B. SIDE YARDS.Each sideyardshallbe ten percent (10%)of the lot width,witha
minimum of 3 feet and a maximum of 6 feet;provided,that the side yard on the rear
one-half ofthestreetsideofa comerlot,where thereis reversed frontage,shallnotbe less
than the frontyardrequiredor existent on the adjacent reversed frontage.
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R-A DISTRICT
Chapter 20.12
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).
20.12.045 ACCESSORY BUllDING LOCATION. Accessorybuildingsused 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, 1950).
20.12.050 EXTENSIONS INTO YARDS. Regulations are as specified in Section
20.10.025 of General Controls - Residential Districts.
20.12.055 ACCESSORY BUILDINGS - YARDS. Regulations are as specifiedin
Section 20.10.030 of General Controls -Residential Districts.
20.12.060 SWIMMING POOLS - YARDS -EQUIPMENT.Regulations are as
specified in Section 20.10.035 of General Controls -Residential Districts.
20.12.065 CHANGES IN YARD REQUIREMENTS.The Planning Commission
mayapprove changesin the yard setback requirements applicable to anysubdivisionhaving
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 copyof the ftnal tract map showingthe
proposed changes.The decision of the Planning Commissionshall be subject to reviewby
the CityCounciland it mayapprove,disapproveor modifysaid decision.If the CityCouncil
approves such changes, the Districing Map shall be revised accordingly.(1949 Code §
9105.42,added by Ord.1134:August 9, 1965).
20.12.075 PARKING. Regulations are as specifiedinSection 20.10.050 of General
Controls - Residential District. (Ord.1856,§3, 1980).
R-l DISTRICf
R::l DIS-TRIQT
Chapter 20.13
(a)Single-family dwellings.
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height and Floor Area Limit.
Site Area and Lot Width.
Site Area Coverage.
Yards.
Extensions Into Yards.
AccessoryBuildings- Yards.
Swimming Pools - Yards -Equipment.
Changes in Yard Requirements.
Parking.
USES PERMI'I'IED.The following uses shall be permitted in
(b) Accessory buildings if constructed simultaneously with or subsequent to the
main building and located on the same lot or building site.
Page 45
R-l DISTRICf
Chapter 20.13
20.13.010
20.13.015
20.13.020
20.13.025
20.13.030
20.13.035
20.13.040
20.13.045
20.13.050
20.13.055
20.13.060
20.13.070
20.13.015
the R-l District:
Sections:
20.13.010 EFFECf OF CHAPTER.The followingregulations shallapply
in all R-l Districts,subject to the provisionsof Chapter 20.10.Residential districts in those
areas of the City described generally as West Newport,Balboa Peninsula, and Corona del
Mar are subject additionally to the provisions of Chapter 20.11,Residential Development
Standards..
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R-l DISTRICT
Chapter 20.13
(c)Accessory uses normally incidental to single-family dwellings.This is notto
be construed as permitting any commercial use,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 retailor wholesale business.
(d)Temporary structures and uses.Regulations are as specified in Section
20.10.015 of General Controls -Residential Districts.
(e)Signs in accordance with Chapter 20.06.(Ord.92-43,September 23,1992;Ord.
1753 §3,1977: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 andby Ord,1158 §2;May 9,1966).
20.13.020 USES REQUIRING USE PERMIT.Recreational establishments,
parking lots,institutions,cemeteries,public buildings,removal of earthen materials,heliports
and helistops,outdoor lighting may be permitted as specified more particularly in Section
20.10.020 of General Controls -Residential Districts.
20.13.025 BUILDING HEIGHT AND FLOOR AREA liMIT.The total
gross floor area,including basements,garages and carports contained in all buildings ona
building sitein an R-1 District shall not exceed two times the buildable areaofthe site.For
dwellings and permitted accessory buildings,the building height limit shall be as specified
in Chapter 20.02.
For residential developments in those areas ofthe City known generally as West Newport,
Balboa Peninsula and Corona del Mar,building height and floor area limit regulations are
as specified in Section 20.11.020 (a) of Residential Development Standards.(Ord.92-43,
September 23,1992;Amended by Ord.1882 §1;June 22,1981).
20.13.030 SITE AREA AND LOT WIDTH.For each dwelling there shall
bea minimum of 5,000 square feetofareaanda minimum width of50feeton interior lots,
a minimum of 6,000 square feetofareaanda minimum width of 60 feeton corner lots.In
no case shall therebemorethanone single family dwelling onanyone building site.Any
lot or parcel of land underone ownership andof record on August 2,1943 may be used as
a building site even when of less areaor width thanthat required bythe provisions of this
section.
20.13.035 SITE AREA COVERAGE.The maximum building site area
permitted intheR-l District shall be full coverage,less required front,side andrear yards.
(1949 §91.03.14 added by Ord.635;December 12,1950).
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R-1 DISlRICf
Chapter 20.13
20.13.040 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 the front property line, unless a different line is shown on the
Districting Map. (Ord.85-12;June 12, 1985).
For residential developments in those areas of the Cityknown generally as West Newport,
Balboa Peninsula, and Corona del Mar, front yard open space requirements are as specified
in Section 20.11.040 of Residential Development Standards.
B.SIDE YARDS. Each side yard shall be not less than 3 feet wide on building sites
40feet wide or less, or 4 feet on lots wider than 40feet; 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 existingon the adjacent reversed frontage.
C.REAR YARDS. The minimumwidth required for rear yards shall be 10feet.
(1949 Code §9103.15 added by Ord. 635;December 12, 1950 as amended by Ord. 845;
April 14, 1958).
20.13.045 EXTENSIONS INTO YARDS. Regulations are as specified in
Section 20.10.025 of General Controls -Residential Districts.
20.13.050 ACCESSORY BUILDINGS - YARDS. Regulations are as
specified in Section 20.10.030 of General Controls -Residential Districts.
20.13.055 SWIMMINGPOOLS -YARDS -EQUIPMENT.Regulations are
as specified in Section 20.10.035 of General Controls -Residential Districts.
20.13.060 CHANGES IN YARD REQUIREMENTS.The Planning
Commission may approve changes in the yard setback requirements applicable to any
subdivisionhavingfive 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 copyof the final tract
map showing the proposed changes. The decision of 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).
20.13.070 PARKING. Regulations are as specified in Section 20.10.050 of
General Controls -Residential Districts. (Ord,1856,§5, 1980).
R-1.5 DISTRICf
Chapter 20.14
R ::L s D rs TR I c T
(a)One single-family dwelling.
(b)One duplex.
USES PERMITTED.The followinguses shall be permitted in
Effect and Purpose of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height and Floor Area Limit.
Site Area and Dwelling Area.
Buildable Area.
Yards.
Extensions Into Yards.
Accessory Buildings - Yards.
SwimmingPools - Yards -Equipment.
Changes in Yard Requirements.
Parking.
20.14.010
20.14.015
20.14.020
20.14.025
20.14.030
20.14.035
20.14.040
20.14.045
20.14.050
20.14.055
20.14.060
20.14.070
Page 48
R-1.5 DISTRICf
Chapter 20.14
20.14.015
the R-1.5 District:
20.14.010 EFFECf AND PURPOSE OF CHAPTER.The {ol,lowing
regulations shall apply in all R-1.5 Districts, subject to the provisions of Chapter 20.10.The
purpose of this chapter is to allow single-familyunits 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).
Sections:
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R-1.5 DlSTRICf
Chapter 20.14
(c)Accessory uses normally incidental to single-family dwellings or duplexes.'This
is not to be construed as permitting any commercial uses,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 retailor wholesale business.
(d)Temporary structures and uses.Regulations are as specified in Section
20.10.015 of General Controls -Residential Districts.
(e)Signs in accordance with Chapter 20.06.(Ord.1753 §4,1977:Ord,1451 §1
(part);July 24,1972).
20.14.020 USES REQUIRING USEPERMIT.Recreationalestablishtnents,
parking lots,institutions,cemeteries,public buildings,removal ofearthenmaterials,heliports
and helistops,outdoor lighting may be permitted as specified more particularly in Section
20.10.020 of General Controls -Residential Districts.
20.14.025 BUILDING HEIGHT AND FLOOR AREAUMlT. The total
gross floor area,including basements,garages and carports contained in all buildings ona
building sitein an R-1.5 District shall not exceed 1.5 times the buildable area ofthe site.
For dwellings and permitted accessory buildings,the building height limit shallbe specified
in Chapter 20.02.(Ord.92-43,September 23,1992;Ord.1486 §2;January 22,1973:Ord.
1451 §1 (part);July 24,1972;amended by Ord,1454 §7,September 11,1972;amended by
Ord,1882 §1;June 22,1981).
20.14.030 SITE AREA AND DWELUNG AREA.The mlnimum building
sitearea shall be five thousand (5,000)square feet.On any building siteof less than five
thousand (5,000)square feet which existed priortothe adoption ofthis ordinance,a duplex
may be constructed provided thatthere shall be not less than one thousand (1,000)square
feetoflandareaforeach family unit.Any lotor parcel oflandunderone ownership and
of record on August 2,1943 may be used asa building siteevenwhen of less area or width
thanthat required bythe provisions ofthis Section.
20.14.035 BUILDABLE AREA.The maximum building area coverage
permitted for aggregate buidings shall be full coverage,less required front,sideandrear
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).
20.14.040.YARDS.A.FRONT YARDS.The minimum width required
for front yards shall be 20feet anda maximum permitted shall be 35 feet,except as may
otherwise be indicated onthe Districting Maps.Distances shown on the Districting Maps
aretobe measured from the front lot line, unless a different line is shown onthe Dlstrlcting
Map.(Ord,85-12;June 12,1985).
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20.14.050 ACCESSORY BUILDINGS -YARDS. Regulations are as
specified in Section 20.10.030 of General Controls -Residential Districts.
20.14.055 SWIMMING POOLS·YARDS-EQUIPMENT.Regulations are
as specified in Section 20.10.035 of General Controls -Residential Districts.
D. BETWEEN DETACHED BUILDINGS.There shall be a minimum of ten feet
between detached buildings. (Ord.1451 §1 (part), July 24,1972).
20.14.045 EXTENSIONS INTO YARDS. Regulations are as specified in
Section 20.10.025 of General Controls - Residential Districts.
Page 5Q
R·1.5 DISTRICT
Chapter 20.14
B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building sites
fortyfeet wide or less,or four feet on lotswider than fortyfeet, provided that the sideyard
on the rear twentyfeet of the street side of a corner lot, where there is reversed frontage,
shall not be less than the front yard required or existingon the adjacent reversed frontage.
For rear yards,there shallbe a minimum requirement often
20.14.060 CHANGES IN YARD REQUIREMENTS.The Planning
Commission may approve changes in the yard setback requirements applicable to any
subdivisionhavingfiveor more lots at the time that it approves the final tract map for said
subdivision.The applicant shall submitwithhis application an exact copyof the final tract
map showingthe proposed changes. The decision of 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).
20.14.070 PARKING. Regulations are as specified in Section 20.10.050 of
General Controls>Residential Districts. (Ord.1856,§7,1980).
C.REAR YARDS.
feet.
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R-2 DISTRICf
Chapter 20.15
(d)Temporary structures and uses. Regulations are as specified in Section
20.10.015 of General Controls -Residential Districts.
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height and Floor Area Limit.
Site Area and Lot Width.
Site Area Coverage.
Yards.
Access to Dwellings and Extensions Into Yards.
AccessoryBuildings - Yards.
Swimming Pools - Yards -Equipment.
Changes in Yard Requirements.
Parking.
Open Space Option
USES PERMITTED.The following uses shall be permitted in
(e) Signsin accordance with Chapter 20.06. (Ord. 1753§5,1977;Ord. 1172§ 3,
1966:prior 1949Code §9103.21 added byOrd. 635,1950as amended byOrd.
845; 1958and by Ord.1158 §3; 1966).
(c) Accessoryusesnormallyincidental to single-familydwellings or duplexes. This
is not to be construed as permitting any commercial uses, 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.
20.15.010
20.15.015
20.15.020
20.15.025
20.15.030
20.15.035
20.15.040
20.15.045
20.15.050
20.15.055
20.15.060
20.15.070
20.15.080
Page 51
R-2 District
Chapter 20.15
(a)Single-family dwellings.
(b)l\vo detached single-family dwellings or one duplex.
Sections:
20.15.015
the R-2 Districts:
20.15.010 EFFECf OF CHAPTER.The following regulations shallapply
in all R-2 Districts, subject to the provisions of Chapter 20.10. (Ord. 1754 §2, 1977).
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R-2 District
Chapter 20.15
20.15.020 USES REQUIRING USEPERMIT.Recreational establishments,
parking lots,institutions,cemeteries,public outdoor buildings,removal of earthen materials,
heliports and helistops,outdoor lighting may be permitted as specified more particularly in
Sections 20.10.020 of General Controls -Residential Districts.
20.15.025 BUILDING HEIGHT AND FLOOR AREA LIMIT.The total
gross floor area,including basements,garages and carports,but excluding decks,balconies
or patios open onat least two sides or open on one side and unroofed,contained in all
buildings ona building siteinan R-2 District shall not exceed two times the buildable area
ofthe site.In thearea designated asOld Corona del Mar,as more specifically described
under Section 20.11.010(A),thetotal gross floor area shall not exceed oneand one-half (1.5)
times the buildable areaofthe site.For dwellings and permitted accessory buildings,the
building height limit shall be 24/28 feet as specified in Chapter 20.02.(Ord.92-43,
September 23,1992;Ord.91-19,June 12,1991).
20.15.030 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 50feet on interior lots,with a minimum of 6,000
square feet and a minimum width of 60 feet on corner lots.Inno case shall therebe more
than two single-family dwellings or one duplex onanyone building site.
B.FAMILY UNIT IN ANY BUILDING.For each family unitin any building,there
shall be a minimum of 1,000 square feet of land area.
C.BUILDING SITE AREA EXCEPTION.Any lot or parcel of land under one
ownership andof record on August 2,1943 may be used asa building site even when of less
areaor width thanthat required by the provisions of this section.
20.15.035 SITE AREA COVERAGE.The maximum building site coverage
permitted for aggregate buildings shall be full coverage,less required front,side,andrear
yards.(1949 Code §9103.24 added by Ord.635;December 12,1950).
20.15.040 YARDS.A FRONT YARDS.Theminimumwidthrequiredfor
front yards shall be 20feet anda maximum permitted shall be 3$feet,except as may be
otherwise indicated onthe Districting Maps.Distances shown onthe Dlstricting Maps are
to be measured from the front property line,unless a different line is shown on the
Districting Map.(Ord.85-12;June 12,1985).
B.SIDE YARDS.Each side yard shall notbe less than3feet wide on building site40
feet wide or less,or 4feet on lots wider than40 feet;provided,thatthe side yard on the
rear20 feet ofthestreet side ofa corner lot,where thereis reversed frontage,shall notbe
less thanthe front yard required or existing onthe adjacent reversed frontage.
C.REAR YARDS.FOr rear yards,there shall bea minimum requirement of10 feet.
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R-2 District
Chapter 20.15
D.BETWEEN DETACHED BUILDINGS.Minimum 10feet. (1949 Code §9103.25
added by Ord, 635;December 12,1950, as amended by Ord. 845;April 14,1958:Ord. 1754 .
§2, 1977).
20.15.045 ACCESS TO DWELLINGS AND EXTENSIONS INTO YARDS.
Extensions into required setbacks may be permitted as specified in Section 20.10.025 of
General Controls -Residential Districts,provided that within the area of Corona del Mar,
as defined in Section 20.11.010 A,on lots 30 or more feet wide, a four foot side yard setback
shall be maintained,up to a minimum height of 8 feet above grade,between the primary
entrance to any dwelling unit and the public street or alley.Within this area,a three foot
wide unobstructed walkwayshall be provided. This walkway shall be paved, and the only
above grade encroachments permitted in this area shall be steps essential for use of a first
floor entrance.The requirements of this section are not intended to affect the buildable
area of a lot. (Ord. 90-18,June 13, 1990).
20.15.050 ACCESSORY BUILDINGS - YARDS.Regulations are as
specified in Section 20.10.030 of General Controls -Residential Districts.
20.15.055 SWIMMING POOLS -YARDS -EQUIPMENT.Regulations are
as specified in Section 20.10.035 of General Controls -Residential Districts.
20.15.060 CHANGES IN YARD REQUIREMENTS.The Planning
Commission may approve changes in the yard setback requirements 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 of 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 s 9105.42,added by Ord. 1134; August 9, 1965).
20.15.070 PARKING.Regulations are as specified in Section 20.10.050 of
General Controls -Residential Districts, except that within the area of Corona del Mar, as
defined in Section 20.11.010 A,a minimum of two parking spaces per dwelling unit shall be
provided.(Ord. 90-18,June 13, 1990; Ord. 1856,§9, 1980).
20.15.080 OPEN SPACE OPTION.Open space shall be provided in addition
to the required setbacks and separations between detached structures.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 and may be provided anywhere on the lot behind the required
setback lines. This open space shall be open on at least two sides and shall have a
minimum dimension in any direction of at least sixfeet, except as indicated in this section,
and may be used for outdoor living area.Open space with a dimension of less than sixfeet
in any direction may be included in the required volume of open space,provided that said
space is contiguous to required open space that provides a minimum sixfoot dimension in
any direction. Roofs, balconies, decks, patios, cornices,exterior stairways with open risers
and open railings,and architectural features may project into this area.This additional
Page 53·1
R·2 DISTRICf
Chapter 20.15
open space may be provided on any level or combination of levels and may extend across
the entire structure of any portion thereof.(Ord,1754 s 2,1977,andas amended by Ord.
83-10;March 16,1983).heliports and helistops,outdoor lighting may be permitted as
specified more particularly in Sections 20.10.020 of General Controls-Residential Districts.
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R-3 DISTRICT
Chapter 20.16
(a) Single-familydwellings and duplexes.
(b)Multiple dwellings,apartment houses and dwelling groups.
USES PERMU·IED.The followinguses shall be permitted in
Effect of Chapter
Uses Permitted.
Uses Requiring Use Permit.
Accessory Uses.
Building Height and Floor Area Limit.
Site Area.
Site Area Coverage.
Yards.
Extensions Into Yards.
Accessory Buildings - Yards.
SwimmingPools - Yards -Equipment.
Changes in Yard Requirements.
Parking.
Page 54
R-3 DISTRICT
Chapter 20.16
20.16.010
20.16.015
20.16.020
20.16.025
20.16.030
20.16.035
20.16.040
20.16.045
20.16.050
20.16.055
20.16.060
20.16.065
20.16.075
20.16.015
the R-3 Districts.
20.16.010 EFFECT OF CHAPTER.The following regulations shall apply
in all R-3 Districts,subject to the provisions of Chapter 20.10.Residential districts in those
areas of the City described generally as West Newport,Balboa Peninsula,and Corona del
Mar are subject additionally to the provisions of Chapter 20.11.
Sections:
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Page 55
R-3 DISTRICT
Chapter 20.16
(c)Temporary structures and uses.Regulations are as specified in Section
20.10.015 of General Controls -Residential Districts.
(d)Signs in accordance with Chapter 20.06.(Ord,1753 §6,1977: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 andby Ord,1158 §4;May
9,1966).
20.16.020 USES REQUIRING USE PERMIT.The following uses shall be
permitted,subject to the securing ofa use permit in each case:
(a)Community centers,social halls,lodges,clubs,rest homes,and motels.
(b)Recreational establishments,parking lots,institutions,cemeteries,public
buildings,removal of earthen materials,heliports and helistops,outdoor
lighting may be permitted as specified more particularly in Section 20.10.020
of General Controls-Residential Districts.(Ord.1753 §7,1977:1949 Code
§9103.32 added by Ord.635;December 12,1950 as amended by Ord,974;
October 30,1961).
20.16.025 ACCESSORY USES.Accessory uses and buildings normally
incidental to any ofthe above shall be permitted.This Shall notbe construed as permitting
any commercial uses or occupation other than those specifically listed,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.
20.16.030 BUILDING HEIGHT AND FLOOR AREA UMIT. 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 areaofthe 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,thatin no event shall any building exceed the height limit
specified in Chapter 20.02.
For residential developments in those areas ofthe City known generally as West Newport,
Balboa Peninsula,and Corona del Mar,building height and floor area limit regulations are
as specified in Section 20.11.020 (b)of Residential Development Standards.
20.16.035 srrn AREA A BunnING OR GROUP OF BUllDINGS.For
each building or group of buildings,there shall bea minimum of 5,000 square feetofarea
and a minimum width of50feetofareaon interior lots,with a minimum of 6,000 square
feetanda minimum width of 60 feeton corner lots.
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Page 56
R·3 DlS1RICT
Chapter 20.16
B.EACH FAMILY UNIT.For each familyunit in anybuildingor group of buildings,
there shall be a minimum of twelve hundred square feet of land area.
C.BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one
ownershipand of record on August 2,1943 maybe used as a buildingsite evenwhen of less
area or width than that required by the provisions of this Section.
20.16.040 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).
20.16.045 YARDS.A.FRONT YARDS. The minimumwidth 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 the front property line, unless a different line is shown on the
Districting Map. (Ord.85-12;June 12, 1985).
For residential developments in those areas of the Cityknown generally as West Newport,
Balboa Peninsula and Corona del Mar, front yard open space requirements are as specified
in NewportBeach Municipal Code Section 20.11.040 -Residential Development Standards.
B. SIDE YARDS.Each side yard shall not be less than 3 feet wide on building sites
40feet wide or less, or 4 feet on lots wider than 40feet; 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 existingon the adjacent reversed frontage.
C.REAR YARDS. The minimum width for rear yards shall be 10 feet.
D. SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS.
(1) Distance between buildingsin anydwellinggroup shall be a minimumof 8feet
wide.
(2) Sideyardsprovidingaccessto singlerow 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 20feet wide.(1949Code §9103.37 added byOrd. 635;December
12, 1950).
20.16.050 EXTENSIONS INTO YARDS. Regulations are as specified in
Section 20.10.025 of General Controls -Residential Districts.
Page 57
R·3 DISTRICf
Chapter 20.16
20.16.055 ACCESSORY BUILDINGS •YARDS.Regulations are as
specified in Section 20.10.030 of General Controls·Residential Districts.
20.16.060 SWIMMING POOLS·YARDS·EQUIPMENT.Regulations are
as specified in Section 20.10.035 of General Controls -Residential Districts.
20.16.065 CHANGES IN YARD REQUIREMENTS.The Planning
Commission may approve changes in the yard setback requirements applicable to any
subdivision having five or more lots atthe time thatit approves the final tractmapfor said
subdivision.The applicant shall submit with his application an exact copy ofthe final tract
map showing the proposed changes.The decision ofthe 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).
20.16.075 PARKING.Regulations are as specified in Section
20.10.050 of General Controls-Residential Districts.(Ord.1856 §11,1980).
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R-4 DISTRICT
Chapter 20.17
R:~DIS-TRI,CT
(a) Single-familydwellings and duplexes.
(b) Multiple dwellings,apartment houses and dwelling groups.
USES PERMITIED.The followinguses shall be permitted in
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Accessory Uses.
Building Height and Floor Area Limit.
Site Area.
Site Area Coverage.
Yards.
Extensions Into Yards.
AccessoryBuildings - Yards.
SwimmingPools -Yards -Equipment.
Changes in Yard Requirements.
Parking.
Page 58
R-4 DISTRICT
Chapter 20.17
20.17.010
20.17.015
20.17.020
20.17.025
20.17.030
20.17.035
20.17.040
20.17.045
20.17.050
20.17.055
20.17.060
20.17.065
20.17.075
20.17.015
R-4 Districts:
20.17.010 EFFECT OF CHAPlER.The following regulations shallapply
in all R-4 Districts, subject to the provisions of Chapter 20.10.Residential districts in those
areas of the City described generally as West Newport,'Balboa Peninsula, and Corona del,
Mar are subject additionally to the provisions of Chapter 20.11.
Sections:
-----------------------------------_....
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Page 59
R-4 DISTRICT
Chapter 20.17
(c)Hotels,motels and rooming or boarding houses.
(d)Community centers,social halls,lodges and clubs.
(e)Temporary structures and uses.Regulations are as specified in Section
20.10.015 of General Controls>Residential Districts.
(f)Signs in accordance with Chapter 20.06.(Ord.1753 §8,1977:1949 Code §
9103.41 added by Ord,635:December 12,1950 as amended by Ord,974:
October 30,1961).
20.17.020 USES REQUIRING USE PERMIT.The following uses shall be
permitted subject to first securing a use permit in each case:
(a)Professional offices.
(b)Hotel and Motel restaurants,"on-sale"liquor establishments,and other
appurtenant services and retail shops designed primarily forthe convenience
of the guests of hotels and motels provided that all access shall be from a
lobby,patio or court yard,and further:provided,thatno advertising be visible
from any street.
(c)Recreational establishments,parking lots,institutions,cemeteries,public
buildings,removal of earthen materials,heliports and helistops,outdoor
lighting may be permitted as specified more particularly in Section 20.10.020
of General Controls -Residential Districts.(Ord,1753 §9,1977:1941 Code
§9103.42 added by Ord.635:December 12.1950 as amended by Ord.974;
October 30,1961).
20.17.025 ACCESSORY USES.Accessory uses and buildings normally
incidental to any ofthe above shall be permitted.This shall notbe construed as permitting
any commercial useor occupation,otherthan those specifically permitted,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.
20.17.030 BUILDING HEIGHT AND FLOOR AREA UMIT.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 areaofthe 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,thatin no event shall any building exceed the height limit
specified in Chapter 20.02.
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Page 60
R-4 DISTRICf
Chapter 20.17
For residential developments in those areas of the Cityknown generally as West Newport,
Balboa Peninsula, and Corona del Mar, building height and floor area limit regulations are
specified in Section 20.11.020 (b) of Residential Development Standards.
20.17.035 SITE AREA A GENERAL.For each building or group of
buildings,there shall be a minimum of 5,000square feet of area 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 comer lots.
B.EACH FAMILY UNIT.For each familyunit in anybuilding or group of buildings,
the minimum lot area shall be 800square feet.
C.HOTEL OR MOTEL GUEST ROOM.For each guest room in anyhotel or motel,
the minimum lot area shall be 300 square feet.
D.BUILDING SITE AREA EXCEPTION.Any lot or parcel of land under one
ownershipand of record on August 2,1943 maybe used as a buildingsite evenwhen of less
area or width than that required by the provisions of this Section.
20.17.040 SITE AREA COVERAGE.For aggregate building coverage,the
maximumsite coverage permitted shall be full coverage, less required front, side and rear
yards. (1949 Code §9103.36 added by Ord. 635;December 12, 1950).
20.17.045 YARDS.A FRONT YARDS. The minimumwidth 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 shownon the Districting Maps are
to be measured from the front property line, unless a different line is shown on the
Districting Map. (Ord,85-12;June 12,1985).
For residential developments in those areas of the Cityknown generally as West Newport,
Balboa Peninsula and Corona del Mar, front yard open space requirements are as specified
in NewportBeach MunicipalCode Section20.11.040·Residential Development Standards.
B. SIDE YARDS. For main buildings three stories or less in height, a side yard on
each side of the buildingequal in width to eight percent of the average width of the lot shall
be provided. Beginningwith the fourth story of main buildings 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 excessof three.In no event,
however,shall a side yard of more than 25 feet be required. (1949 Code §9103.47 added
by Ord. 635;December 12, 1950as amended by Ord. 974;October 30, 1961).
C.REAR YARDS.The minimum width for rear yards shall be 10feet.
Page 61
R-4 DISTRIcr
Chapter 20.17
D.SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS.
(1)Distance between buildings in any dwelling group shall be a minimum of8feet
wide.
(2)Side yards providing access to single row of dwelling group shall be a mjnjmum
of12feet 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).
20.17.050 EXTENSIONS INTO YARDS.Regulations are as specified in
Section 20.10.025 of General Controls -Residential Districts.
20.17.055 ACCESSORY BUILDINGS •YARDS.Regulations are as
specified in Section 20.10.030 ofGeneral Controls •Residential Districts.
20.17.060 SWIMMING POOLS -YARDS·EQUIPMENT.Regulations are
as specified in Section 20.10.035 of General Controla-Residential Districts.
20.17.065 CHANGES IN YARD REQUIREMENTS.The Planning
Commission may approve changes in the yard setback requirements applicable to any
subdivision having five ormorelotsat thetimethatit approves the final tractmapfor said
subdivision.The applicant shall submit with his application an exact copy ofthe final tract
map showing the proposed changes.The decision of 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 byOrd.1134,August 9,1965).
20.17.075 PARKING.Regulations are as specified in Section 20.10.050 of
General Controls -Residential Districts.(Ord,1856,§13,1980).
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"-B"DISTRICT
Chapter 20.18
"-B"DISTRTt'"'T_____ _ _ _ _A~_
Page 62
"-B"DISTRICT
Chapter 20.18
6000 square feet.
60 feet.
80 feet.
20 feet.
6 feet.
6 feet.
60 percent.
Effect of Chapter.
Site Area.
Uncovered Rear Yard Area.
Slope Ratio Approval Required.
Site Area.
20.18.010
20.18.020
20.18.030
20.18.040
20.18.050
Building site area
Lot width
Lot length
Front yard
Rear yard
Side yard
Maximum coverage
COMBINING DESIGNATION B:
20.18.010 EFFECT OF CHAPTER.The following regulations shallapply
in lieu ofbuilding 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 20.10. All other provisions of the respective districts shall apply. (1949 Code §
9104.1 added by Ord. 635;December 12, 1950 as amended by Ord. 845;Apri114,1958).
20.18.020 SITE AREA.The following minimum bnilding site area,lot
sizes and setbacks shall be required and the followingmaximum coverage shall be allowed
in the respective "-B"Districts:
Sections:
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Page 62·1
"·B"DISTRICf
Chapter 20.18
COMBINING DESIGNATION B-4:As designated on zoning map;provided,that no
requirements be less than B-3 regulations.All setbacks onthe street side ofa comerlot
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;Aprll14,1958).
20.18.030 UNCOVERED REAR YARD AREA.There shall be a
minimum of 750 square feetorrearyardlandarea adjoining the main dwelling maintained
uncovered.(1949 Code §9104.11·1 added by Ord.845;April 14,1958).
COMBINING DESIGNATION B-1:
Building sitearea
Lot width '
Lot length
Front yard
Rear yard
Side yard
Maximum coverage
COMBINING DESIGNATION B·2:
Building sitearea
Lot width
Lot length
Front yard
Rear yard
Side yard
Maximum coverage
COMBINING DESIGNATION B-3:
Building sitearea
Lot width
Lot length
Front yard
Rear yard
Side yard
Maximum coverage
7500 square feet.
75 feet.
90 feet.
15 feet.
7 feet.
7 feet.
60 percent.
10,000 square feet.
90 feet.
100 feet.
15 feet.
10 feet.
10 feet.
60 percentage
20,000 square feet.
100 feet.
150 feet.
15 feet.
10 feet.
10 feet.
60'percent.
Page 62·1
"·B"DISTRICf
Chapter 20.18
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(1949 Code §9104.13 added by Ord. 635;December 12, 1950 as amended by Ord. 845;
April 14, 1958).
R-2 R-3 R-4
B 3000 sq.ft.1500sq. ft.
1250sq.ft.
B-1 3000 sq. ft.
1500sq. ft.
1250sq.ft.
B-2 3000 sq. ft.
2000 sq. ft.
1500sq. ft.
B-3 3000 sq. ft.
2000 sq. ft.
1500sq. ft.
Page 62-2
"-B"DISlRICT
Chapter 20.18
20.18.040 SLOPE RATIO APPROVALREQUIRED.Anybanks 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 buildingpermit. (1949Code §9104.12 added byOrd. 635;
December 12, 1950as amended by Ord. 845;Apri114, 1958).
20.18.050 SITE AREA. The following minimum building site area shall
be required for each familyunit (maximumdensity permitted inR Districtswhere combined
with "-B"District):
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(d)Signs in accordance with Chapter 20.06.(Ord.89-28;Dec. 27,1989).
Chapter 20.19
MULTI-FAMILY RESIDENTIAL (MFR) DISTRICT
Page 63
Multi-Family Residential
(MFR) District
Chapter 20.19
(a)Single-family dwellings and duplexes.
(b) Multiple dwellings,apartment houses and dwelling groups.
(c) Temporary structures and uses. Regulations are as specified in Section
20.10.015 of General Controls - Residential Districts.
USES PERMITTED. The following uses shall be permitted
Effect of Chapter
Uses Permitted.
Uses Requiring Use Permit.
Accessory Uses.
Building Height and Floor Area Limit.
Site Area.
Site Area Coverage.
Yards.
Access to Dwellings and Extensions Into Yards.
Accessory Buildings - Yards.
Swimming Pools - Yards - Equipment.
Changes in Yard Requirements.
Parking.
20.19.010
20.19.015
20.19.020
20.19.025
20.19.030
20.19.035
20.19.040
20.19.045
20.19.050
20.19.055
20.19.060
20.19.065
20.19.075
20.19.010 EFFECT OF CHAPTER. The following regulations shall
applyin all MFR Districts, subject to applicable provisionsof Chapter 20.10.Residential
districts in those areas of the City described generally as West Newport, Balboa
Peninsula, and Corona del Mar are subject additionally to the provisions of Chapter
20.11.Where the provisions of this Chapter are more restrictive than those of Chapters
20.10 or 20.11,the provisions-of this Chapter shall apply.(Ord.89-28;Dec. 27,1989).
20.19.015
in the MFR District.
Sections:
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20.19.020 USES REQUIRING USE PERMIT.The following uses shall
be permitted,subject to the securing of a use permitin each case:
Page 63-1
Multi-Family Residential
(MFR)District
Chapter 20.19
20.19.025 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 uses or occupation otherthan those specifically permitted,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,89-28;Dec.27,1989).
A.BUILDING OR GROUPOF BUILDINGS.For each building or group of buildings,
there shallbe a minimum of 5.000 squarefeet of area and a mirtimum width of 50feet
of area 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.
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 unless
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SITE AREA.
Recreational facilities developed as part of a residential development.
parking lots,senior citizen housing facilities,public utility stations developed
as part of a residential development,removal of earthen materials,
temporary heliports and helistops;
Outdoor lighting may be permitted as specified more particularly in Section
20.10.020 of General Controls -Residential Districts.(Ord.89-28;Dec.27,
1989).
(b)
(a)
20.19.035
20.19.030 BUILDING HEIGHT AND FLOOR AREA LIMIT.The
total gross floor area contained in all buildings on a building site in an MFR District
shall not exceed 1.75 times the buildable area of the site;provided that up to 200square
feet of floor area per required parking space devoted to enclosed parking shall not be
included in calculations of total gross floor area; and provided,further,that in no event
shall any building exceed the height permitted for the 28/32 Foot Height Limitation
District as specified in Chapter 20.02.
For residential developments in those areas of the City known generally as West
Newport,Balboa Peninsula,and Corona del Mar,floor area limit regulations are as
specified in Section 20.11.020 (b) of Residential Development Standards,Where the
provisions of this Section are more restrictive than those of Section 20.11.020 (b). the
provisions of this Section shall apply.(Ord,89-28;Dec.27.1989).
L--~~
D. SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS.Dis tan c e
between buildings in any dwelling group shall be a minimum of 10 feet wide.
Page 63-2
Multi-Family Residential
(MFR) District
Chapter 20.19
C. REAR YARDS. The minimum width for rear yards shall be 10 feet, except where
the lot is adjacent to an alley,in which case the requirements of Section 20.10.025 F
shall apply,provided that in the area of Corona del Mar, as defined in Section 20.11.010,
a minimum rear yard setback of 8 feet shall be provided on the first floor adjacent to
an alley.
A.FRONT YARDS. The minimum width required for front yards shall be 20 feet,
except as may be otherwise indicated on the Districting Maps. Distances shown on the
DistrictingMaps are to be measured from the front property line, unless a different line
is shown on the Districting Map.
B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on buildingsites
40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet;
and shall be equal in width to eight percent of the average lot width for lots 50 feet or
greater in width; provided that in no event shall a side yard wider than 25 feet be
required; and provided further 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.
YARDS.20.19.045
otherwiseindicated on the DistrictingMaps. For purposes of determining the allowable
number of units, areas which have a slope greater than two to one (2:1) or which are
submerged shall be excluded from land area. Submerged areas are defined to be areas
which are below Mean Higher High Water.
Notwithstanding any other provision of this section, at least two dwelling units may be
permitted on any lot or parcel whichwas legally in existence as of October 24,1988,and
which has a land area of at least 2,400 square feet,excluding areas having a slope
greater than 2:1 and submerged areas.
C. 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 provisions of this Section. (Ord.90-23,
June 13,1990;Ord.89-28;Dec. 27,1989).
20.19.040 SITE AREA COVERAGE. For aggregatebuilding coverage,
the maximum site coveragepermitted shall be full coverage,less required front, side and
rear yards.(Ord,89-28;Dec.27,1989).
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Page 63-3
Multi-Family Residential
(MFR)District
Chapter 20.19
E. OPEN SPACE.An open space volume equal to 6 times the buildable area
of the lot shall be provided in addition to any required setbacks.This open space shall
be open on at least two sides,one of which may be the sky.Roofs,balconies,decks,
patios,cornices,exterior stairways,and architectural features may project into this area.
At least 50%of the required open space shall be open to the sky and open on at least
two additional sides,except for eaves and architectural features which may project into
areas otherwise open to the sky.Required open space shall have a minimum dimension
in any direction of at least six feet,except as indicated in this section,and may be used
for outdoor living area. Open space with a dimension of less than six feet in any
direction may be included inthe required volume ofopen space,provided that said space
is contiguous to required open space that provides a minimum six foot dimension in any
direction.This additional open space may be provided on any level or combination of
levels and may extend across the entire structure or any portion thereof.A minimum
of 25 % of the required open space shall be contiguous to the required front yard
setback,and a minimum of 25 %of the required open space shall be contiguous to the
required rear yard setback.(Ord.89-28;Dec.27,1989).
20.19.050 ACCESS TO DWELLINGS AND EXTENSIONS INTO
YARDS.Extensions into required setbacks may be permitted as specified in Section
20.10.025 of General Controls •Residential Districts,provided that within the area of
Corona del Mar,as defined in Section 20.11.010,on lots 30or morefeet wide,a four foot
side yard setback shall be maintained,up to a minimum height of 8 feet above finished
grade,between the primary entrance to any dwelJing unit and the public street or alley.
Within this area, a three foot wide unobstructed walkway shall be provided.This
walkway shall be paved,and the only above grade encroachments permitted in this area
shall be steps essential foruseof a first floor entrance.The requirements of this section
are not intended to affect the buildable area of a lot.(Ord.89-28;Dec.27,1989).
20.19.055 ACCESSORY BUILDINGS·YARDS.Regulations are as
specified in Section 20.10.030 of General Controls -Residential Districts.(Ord,89-28;
Dec.27,1989).
20.19.060 SWIMMING POOLS •YARDS·EQUIPMENT.Regulations
are as specified in Section 20.10.035 of General Controls •Residential Districts.
(Ord.89-28;Dec.27,1989).
20.19.065 CHANGES IN YARD REQUIREMENTS.The Planning
Commission may approve changes in the yard setback requirements applicable to any
subdivision having five or morelots at the time that it approves the final tractmapfor
the subdivision.The applicant shall submit with his application an exact copy of the
final tractmap showing the proposed changes.The decision ofthe Planning Commission
shall be subject to review by the City Council and it may approve,disapprove or modify
the decision.H the City Council approves such changes,the districting map shall be
revised accordingly.(Ord;89-28;Dec.27,1989).
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A.Storage or parking space for the parking of automobiles off the street shall be
provided as follows:
1.One or two dwelling units on a lot: At least two parking spaces for each
dwelling unit.
2.Three dwelling units on a lot: At least two parking spaces for each
dwelling unit and one additional guest parking space, for a total of seven
spaces overall.
3.Four or more dwelling units on a lot: At least 2.5 parking spaces for each
dwelling unit of which at least 0.5 parking spaces per dwelling unit shall be
provided for guest parking.
Parking spaces required for other uses allowed in any residential district not set forth
above shall be determined by the Planning Commission.
B.Parking of automobiles on the roof of a building in the MFR District is
prohibited.
C. In addition to the above noted parking standards,the following parking controls
shall also apply:
1. For each dwelling unit there shall be at least one covered parking space.
2. For each dwelling unit,there shall be at least one independently accessible
parking space.
3.Tandem parking up to a maximum of two cars in depth shall be permitted.
However,tandem parking shall not be permitted for guest parking.
4. Parking in side yards shall be permitted;provided, however,that structural
encroachments shall not be permitted,except as noted in this section.
When three parking spaces are provided across the rear of a lot less than
30 feet 10 inches wide, one garage wall may encroach into the required side
yard setback. Its distance from the property line shall be at least 26 inches
plus the amount (if any)that the width of the lot exceeds 30 feet.The
substandard side yard created thereby shall have a clear passageway 26
inches wide,unobstructed by fences, utility meters, hose bibs, or any other
appurtenances which could interfere with use of the passageway by
emergency personnel or equipment.
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20.19.075 PARKING.
Page 63-4
Multi-Family Residential
(MFR)District
Chapter 20.19
Page 63-5
Multi-Family Residential
(MFR) District
Chapter 20.19
5. Parking in front yards shall be permitted on driveways in front of garages
that set back at least nineteen feet from the front property line, provided,
however,that structural encroachments shall not be permitted.
6. All guest parking spaces shall be independently accessible.
D. The following areas need not be included in the gross floor area:
1. Parking spaces which are open on at least two sides, or open on one side
and one end; and
2.Twenty-five square feet of storage area adjacent to or a part of a parking
space on a lot less than thirty-two feet wide; provided that no plumbingis
located in the storage area, and provided that three parking spaces are
provided side by side across one end of the lot.
E. Subject to the provisions of Chapter 20.83,structures which were in existence or
under construction on the effective date of this Ordinance, and which do not provide the
required number of parking spaces, may be expanded or altered without providing
additional required parking spaces as follows:
1. Minor alterations such as the remodeling of existing buildings where no
additional living space is proposed; and
2. Minor additions to existing buildings,such as the constructionof bathrooms,
closets and hallways,or the expansion of existing rooms. (Ord.1876 §3,
1981:Ord.1856 §1,1980.)
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20.20.020 DEFINITIONS.As used in this Chapter, the following terms
shall have the meanings indicated:
Chapter 20.20
MOBILE HOME PARKS
PAGE 63-6
MOBILE HOME PARK
DISTRICT
Chapter 20.20
20.20.010 INTENT. The Mobile Home Park Residential Zone is hereby
established as an overlay zone to permit the application of a mobile home zone to
parcels of land developed with mobile home parks and zoned with a primary underlying
zoning designation. The purpose of the mobile home park zone is to designate existing
mobile home parks in appropriate locations for mobile home park uses in order that
these uses may be encouraged, maintained, and protected.The regulations of this district
are designed to achieve an environment of stable, desirable residential character and
preserve areas or communities developed with mobile home residential uses. Whenever
reference is made in this section or on any districting maps to MHP, this shall mean
Mobile Home Park Overlay Zone.
Intent
Definitions
Criteria for Application of Zone
Uses Permitted
Removal of the Mobile Home Park Overlay Zone
Mobile home - "Mobile home" is a structure transportable on a street or
highwayby authorization or a permit in one or more sections designed and
equipped for human habitation to be used with or without a foundation
system. Mobile home includes manufactured homes but does not include
recreation vehicles, commercial coaches, or factory-built housing.
Mobile home park - "Mobile home park" is any area of land used primarily
for the placing, parking or storage of two or more mobile homes for
housekeeping, sleeping or living quarters.
Mobile home space - "Mobile home space" is any area,tract of land,site,
lot,pad or portion ofa mobile home park designated or used for the
occupancy of one mobile home.
(a)
(b)
(c)
20.20.010
20.20.020
20.20.030
20.20.040
20.20.050
Sections:
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USES PERMITTED.
Accessory uses and structures incidental to the operation of mobile home
parks such as recreation facilities and/or community centers of a
non-commercial nature,either public or private,storage facilities for theuse
ofthe mobile home park residents and any other uses or structures that are
incidental to the operation of a mobile home park.
(c)
(a)Mobile home parks as regulated by the State of California.
(b)
20.20.040
(a) That the proposed zoning is consistent with the General Planof the City of
Newport Beach andall elements thereof,andin the event that the proposed
zoning is P-C,that the Planned Community Development Plan has been
submitted andis consistent with the GeneralPlanandall elements thereof;
PAGE 63·7
MOBILE HOME PARK
DISTRlCI'
Chapter 20.20
20.20.030 CRITERIA FOR APPLICATION OF ZONE.The City Council,
in making its determination whether to apply the MHP zone to any particular property,
shall consider the following factors in making its determination as to whether the MHP
zone is appropriate for the property:
(a)Existing zoning and General Plan designations.
(b) The age and condition of the mobile home park,
(c)The relationship of the mobile home park to surrounding land uses.
(d)Vehicle access to the area under consideration.
(e) Site area.
(f)Site configuration.
Whenever property is zoned MHP,any use permitted by the
zoning of such property shall not be permitted.
20.20;050 REMOVAL OF THE MOBILE HOME PARK OVERLAY
ZONE.The City Council shall not approve a zoning amendment for any parcel,which
amendment would have the effect of removing the MHP designation from that property,
unless the following findings have been made:
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PAGE 63-8
MOBILE HOME PARK
DISTRICT
Chapter 20.20
(b) That the property which is the subject of the zoning amendment would be
more appropriately developed in accordance with uses permitted by the
underlying zoning,or proposed zoning,and if the underlying
zoning or proposed zoning is P-C, that a Planned Community Development
Plan has been submitted and the property would be more appropriately
developed with the uses specified in that plan;
(c)That a mobile home park phaseout plan has been prepared, reviewed and
considered and found to be acceptable. A phaseout plan shall not be found
to be acceptable unless it includes (1) a time schedule and method by which
existing mobile homes, cabanas, ramadas and other substantial improvements
and tenants, are to be relocated or appropriately compensated; (2) methods
of mitigating the housing impacts on tenants having low and moderate
incomes, elderlytenants and tenants who are handicapped; (3) the programs
or other means that are to be implemented such that the housing impacts
on those described in (2), above, are mitigated. For purposes of this
provision,"low and moderate incomes"shall be defined in accordance with
the provisions of the Housing Element of the City of Newport Beach.
(Adopted by Ord.1894;February 11,1982).
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Chapters:
20.30
20.31
20.32
20.33
20.34
20.35
20.36
20.37
PART Ill:COMMERCIAL DISTRICTS
General Controls -Commercial Districts
A-P District
CoN District
Commercial-Residential District
CoO District
C-1 District
C-2 District
-R District
20.30.010 EFFECT OF CHAPTER. The general controls contained in
this Chapter shall apply to all developments in Commercial Districts and A·P Districts.
Chapter 20.30
GENERAL CONTROLS -COMMERCIAL DISTRICTS
Page 64
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
20.30.015 TEMPORARY STRUCTURES AND USES.A.INTENT
AND PURPOSE. The intent and purpose of this Section is to establish procedures
whereby the Director of Community Development or the Planning Commission may
approve reasonable requests for interim or temporary uses of land or buildingswhen said
uses are consistent with the City's General Plan and the health, safety, peace, comfort
and general welfare of persons residing or workingin the neighborhood and not violative
of any other ordinances and regulations of the City.
Effect of Chapter
Temporary Structures and Uses.
Uses Requiring Use Permit.
Extensions Into Yards.
Automobile Storage or Parking Space for Commercial
Uses.
"H"Combining District.
"Z"Combining District.
Requirements for Off-Street Parking.
Plans and Drawings for Commercial Districts.
Building Site Area Exception.
20.30.010
20.30.015
20.30.020
20.30.025
20.30.030
20.30.035
20.30.040
20.30.045
20.30.050
20.30.055
Sections:
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 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 consistent 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.
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20.30.025 EXTENSIONS INTO YARDS.A.ARCHITECTURAL
FEATURES. Architectural features such as cornices or eaves may extend not exceeding
2V2 feet into any required front or rear yard setback; provided,however,that such
architectural features shall not project any closer than 2 feet from any 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 for any residential structure in a
Commercial 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 anyside property line.
C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may
project a distance not exceeding 5 feet into any required front yard setback.
D. MARQUEES,AWNINGS,AND SHADES. Marquees,awnings,or shades may
project from a residential building in a Commercial District into the front yard setback
not to exceed 5 feet from the building nor 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 5%feet.
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.
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(f)
(g)
Page 66
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
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 closer than twohundred 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.
(Ord.1446;June 26,1972).
Relocatable Buildings.No building permit or relocation permit shall be
issued for the erection or placement of a relocatable building unless the
applicant for said building permit has first applied for and obtained a use
permit from the Planning Commission to maintain said relocatable building
at a specific location. (Ord.1774 (part),§3,1978).
A.USES PERMITfED.The following uses shall be permitted in "-H"Districts:
B.OFF·SlREET 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:
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 20.30.035 (B.) and 20.30.035(C.). (1949 Code §9104.21
(part)added byOrd. 635;December 12,1950as amended by Ord,901;December 28, 1959).
Page 68
GENERAL CONlROLS
COMMERCIAL
Chapter 20.30
(1)Retail Stores and specialty food uses:One parking space for each 250 square
feet of gross floor area,and one loading space for each 10,000 square feet of
gross floor area.
(2) 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 20.30.035 (C.).
(3)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.
(4)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 ofserving ,
food or beverages,with the exception of kitchens,restrooms,offices pertaining
to the restaurant only, and food and beverage service or storage areas.
20.30.035 "H"COMBINING DISlRICT.The following regulations shall
apply in all Commercial Districts with which are combined "H"Districts, in addition to the
regulations hereinbefore specified therefore,and shall be subject to the provisions of
Chapter 20.30; provided, however,that if any of the regulations specified in Subsection A
and Subsection B below differ from any of the corresponding regulations specified in this
Section for any district with which is combined an "H"District,then in such case the
provisions of Subsections A and B shall govern. (1949 Code §9104.2 added by Ord, 635;
December 12, 1950, as amended by Ord,845;April 14, 1958).
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Page70
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
Planning Commission may increase or decrease parking requirements within the
ranges noted above.
(5)Outdoor restaurants,drive-in and take-out restaurants:One parking space for
each 50 square feet of gross floor area contained within a building or in any
outdoorarea capable of being used forthe purpose of serving food or beverages.
In addition,one parking space shall be provided foreach employee on duty,with
the number of such spaces to be basedon peak employment.
(6)Public Assembly:One parking space foreachthree seatswhere fixed seating is
provided,or one parking space foreach35squarefeetof gross floor areain the
main assembly hall where seating isnot fixed;where bench seating or pews are
provided,18linear inches of seating shall be considered to constitute a seat.
(7)Theaters:One parking space foreachthree seats.
(8)Hotels:One parking space for each two guest rooms.
(9)Hospitals:One parking space for each bed,and in addition one parking space
for each resident doctor andone foreach employee.
(10)Clinics:One parking space foreach 250 squarefeet of gross floor area,plusone
additional spacefor each doctor andonefor each employee.
(11)Motels:One parking space for each guest unit.
(12)Medical and Dental Office Buildings:One parking space for each 250 square
feetof gross floor area.(Ord.85-17,October 23,1985;Ord.1623 §2,1975;Ord.
1404 §3,September 20,1971;1949 Code §9104.21(a)added by Ord.635,
December 12,1950 as amended by Ord.901,December 28,1959;Ord,85-17,
October 23,1985;Ord.88-17,July 13,1988).
(13)Nail Salons:One parking space for each 80 square feet of gross floor area.
(Ord.95·10,April 26,1995).
C.PARKING REQUIREMENT FOR OFFICE BUilDINGS BASED ON SIZE
OF PARKING POOL.The parking requirement for office buildings,as specified in Section
20.30.035(B.)(2),may be modified in accordance with the following schedule:
(1) For the first 125,000 sq.ft.,parking shall be provided at one space per 250 sq.ft.
of net floor area.
(2) Forthe next 300,000 sq.ft.,parking shall be provided at one space per 300 sq.ft.
of net floor area.
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Page 72
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
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 provided in Chapter 20.30.
(Ord.89-35,Dec. 27, 1989;1949 Code §9104.22 added by Ord. 635;December 12, 1950).
20.30.040 "Z"COMBINING DISTRICT. The following regulations shall apply
in all Commercial Districts with which are combined "Z" Districts, in addition to the
regulations hereinbefore specified therefor, provided, however,that if anyof the regulations
specifiedin the "Z"District differfrom anyof the corresponding regulations specifiedin this
Section 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).
A.USES PERMITIED.The following uses shall be permitted in "-Z"Districts:
Alluses permitted in the respective districtswithwhichthe "-Z"District is combined, subject
to approval as to design of building and design and location of parking lot; except, however,
as provided in Subsections Band C below. (1949Code §9104.31 (part)added by Ord,913;
February 23, 1960).
B.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 ofthe Planning Commission,shallbe required in all districtswithwhich
the "-Z"District is combined, according to the following formula:
(1)Retail and Wholesale Stores and specialtyfood uses: One parking space for each
350 square feet of grossfloor area, and one loading space for each 10,000square
feet of gross floor area.
(2) OfficeBuildings (exceptwhere any portion is used as a medical or dental office):
One parking space for each 350 square feet of net floor area.
(3)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 includingpatios,
balconies, and any outdoor areas capable ofbeingused for the purpose ofserving
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 followingconsiderations, the Planning Commissionmay 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:
I.The Physical Design characteristics of the restaurant.
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Page 74
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
(4) Drive-in and take-out restaurants:One parking space for each 50 square feet of
gross floor area contained within a building or in any outdoor area capable of
being used for the purpose ofservingfood or beverages. In addition,one parking
space shall be provided for each employee on duty, with the number of such
spaces to be based on peak employment.
(5) Public Assembly: One parking space for each three seats where fixed seating is
provided, or one parking space for each 35 square feet of gross floor area in the
main assembly hall where seating is not fixed; where bench seating or pews are
provided, 18linear inches of seating shall be considered to constitute a seat.
(6)Theaters:One parking space for each three seats.
(7) Hotels: One parking space for each two guest rooms.
(8) Hospitals: One parking space for each bed, and in addition one parking space
for each resident doctor and one for each employee.
(9) 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.
(10) Motels: One parking space for each guest unit.
(11)Apartments:One parking space for each unit having not more than one
bedroom;otherwise two parking spaces per unit.
(12)Medical and Dental Office Buildings:One parking space for each 250 square
feet of gross floor area.(Ord.85-17,October 23, 1985; Ord. 1623 §3, 1975;
Ord. 1404 §5,1971;Ord, 85-17,October 23, 1985; Ord. 88-17,July 13, 1988)
(13) Nail Salons: One parking space for each 80 square feet of gross floor area.
(Ord. 95·10, April 26, 1995).
C.OFF-STREET PARKING ON SEPARATE LOT.The Planning Commission
shall not recommend and the CityCouncil shall not approve off-street parking on a separate
lot from the building site or sites unless:
(1) Such lot is so located as to be useful in connection with the proposed use or uses
on the building site or sites.
(2) Parking on such lot willnot create undue traffic hazards in the surrounding area.
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Page 76
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
Such off-street parking standards'shall be adopted by resolution and shall show minimum
dimensions of parking spaces and aisles,requirements for entrances and exits,and
requirements formarkingsand other devicesdeemed necessaryto protect patrons, the traffic
on adjoining streets and alleys,and property owners in the vicinity.
B.BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin
property in an R-1 or R-2 District, awallshall be constructed alongsuch 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. Suchwall 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
adjoiningproperty in a residential district. The remaining portion of the wallshallbe 6feet
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 Official 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 BuildingOfficialshall endorse hiswritten approval on
the plan and retain a copy thereof.If the proposed plot plan does not meet the
requirements of this Section, the Building Official shall return the plan to the applicant,'
together with a written statement setting forth the deficiencies in the plan, within ten
calendar daysafter the submission of the plan to the BuildingOfficial.The parking lot or
parking area shall be developed and maintained 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 compliancewith 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-streetparking 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 whichis detrimental to surrounding property. (1949Code
§9105.51 added by Ord.1031;March 25, 1963).
20.30.050 PLANSAND DRAWINGS FOR COMMERCIAL DISTRICTS.A
In case an application is made for a permit for anybuilding or structure in anyCommercial
District,the application shallbe accompanied by architectural drawingsor sketchesand plot
plans, all to a workable scale, showingthe elevation of the proposed building, or structure
and proposed landscape or other treatment ofthe groundsaround suchbuildingor 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
......_.._--------------------------------
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Page 78
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
20.30.055 BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under
one ownership and of record on August 2,1943,maybe 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).
Chapter 20.31
A-P DISTRICT
Page 79
A-P DISTRICT
Chapter 20.31
20.31.010 EFFECT OF CHAPTER. The following regulations apply in
all A-P Districts and shall be subject to the provisions of Chapter 20.30.(Ord. 1170 §
5 (part); July 25,1966).
Sections:
USES PERMITIED.The following uses shall be permitted
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height and Floor Area Limit.
Site Area.
Yards.
Extensions Into Yards.
Automobile Storage or Parking Space.
Requirements for Off-Street Parking.
Plans and Drawings for Commercial District.
Accessory uses normally incidental to commercial develop-rnents, where
such uses 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.
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)
(a)
20.31.010
20.31.015
20.31.020
20.31.025
20.31.030
20.31.035
20.31.040
20.31.050
20.31.055
20.31.065
20.31.015
in A-P Districts.
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Page 81
A-P DISTRICf
Chapter 20.31
20.31.050 AUTOMOBILE PARKING AND STORAGE SPACE. Regulations
are as specified in Section 20.30.030 of General Controls - Commercial Districts.
20.31.055 REQUIREMENTSFOR OFF-STREETPARKING. Regulationsare
as specified in Section 20.30.045 of General Controls • Commercial Districts.
20.31.065 PLANS AND DRAWINGS FOR COMMERCIAL
DISTRICfS.Regulations are as specified in Section 20.30.050 of General Controls -
Commercial Districts.
CON DISTRICT
Chapter 20.32
Page 82
CoN DISTRICT
Chapter 20.32
20.32.010 EFFECT OF CHAPTER.The followingregulations shallapply
in all CoN Districts, subject to the provisionsof Chapter 20.30. (Ord. 845(part),1958:1949
Code §9103.480).
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Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height and Floor Area Limit.
Site Area.
Yards.
Extensions Into Yards.
Automobile Storage or Parking Space.
Requirements for Off-Street Parking.
Plans and Drawings for Commercial Districts.
USES PERMITIED.The following uses shall be permitted in
20.32.010
20.32.015
20.32.020
20.32.025
20.32.030
20.32.035
20.32.040
20.32.050
20.32.055
20.32.065
(a) Professional offices,community centers, social halls, lodges and clubs.
(b)Retail stores, specialty food uses in accordance with Chapter 20.72,and
personal service etalbishments within a building, including applicance stores,
bakeries (not wholesale), banks,barber shops,beauty parlors, book stores,
department stores, drug stores, food shops,hardware stores, nurseries,offices,
radio stores, antique shops, shoe shops, studios,tailor shops, and other uses
which in the opinion of the Planning Commission are of a similar nature.
(c) Accessoryuses normally incidental to commercial developments, where such
uses do not alter the character of the premises in respect to their use for
purposes permitted in the district. Such accessorybuildings shall be allowed
onlywhen constructed concurrent with or subsequent to the main
building.
Sections:
20.32.015
CoN Districts:
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Page 84
CoN DISTRICT
Chapter 20.32
20.32.050 AUTOMOBILE PARKING AND STORAGE SPACE.
Regulations are as specified in Section 20.30.030 of General Controls -Commercial
Districts.
20.32.055 REQUIREMENTS FOR OFF-STREET PARKING.Regulations
are as specified in Section 20.30.045 of General Controls -Commercial Districts.
20.32.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS.
Regulations are as specified in Section 20.30.050 of General Controls -Commercial
Districts.
Page 85
COMMERCIAL DISTRICI'REGULATIONS
Chapter 20.33
20.33.010 EFFECI'OF CHAPTER. The general controlscontainedin this
Chapter shall applyto all developments in the Retail and ServiceCommercial,Recreational
and Marine Commercial, and Administrative, Professional, and Financial Commercial
Districts. (Ord.90-41;December 13, 1990).
20.33.015 INTENT AND PURPOSE.It is the intent of the Cityto
provide a variety of commercial districts for the conduct of private business, and to
accommodate other incidental or mixeduses and to establish development standards under
which those uses would be permitted.(Ord.90-41;December 13, 1990).
20.33.020 USE OF LAND OR STRUcruRES.Uses permitted in
commercial districts and uses permitted upon the approval of the Planning Director,
ModificationsCommittee, or Planning Commissionshall be as provided in Table 20.33 and
provided further as follows:
Effect of Chapter
Intent and Purpose
Use of Land or Structures
Temporary Uses and Structures
Dwellingsin Commercial Districts
Site Area and Frontage
Floor Area, Building Bulk, and Building Height
Setbacks
Extensions into Yards
Automobile Storage or Parking Spaces for Commercial Uses
Off-street Parking on a Separate Lot
Standards for Off-street Parking
SpecificDistricts
Chapter 20.33
COMMERCIAL DISTRICI'REGULATIONS
Sections:
20.33.010
20.33.015
20.33.020
20.33.025
20.33.030
20.33.035
20.33.040
20.33.045
20.33.050
20.33.055
20.33.060
20.33.065
20.33.070
A HELIPORTS AND HEUSTOPS.No helicopter shall land or take off and no
heliport or helistop shall be established in any Commercial District unless a Use Permit
shall first have been secured for the establishment, maintenance, and operation of suchuse.
The License Supervisor may approve temporary helistops in any zoning district of the City
for a period not to exceed 90daysfor use in connection with major construction sites if the
License Supervisor determines that such helistops will not unduly interfere with the health,
safety, and welfare of persons owning property in the surrounding area.Appropriate
conditions to such approval may be attached.
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A setback of at least 10 feet shall be maintained from all bulkheads.
1.Front Yards
3.Rear Yards
4. Bulkhead Setbacks
SETBACKS20.33.045
20.33.035 SITE AREA AND FRONTAGE.The Building Site Area
required shall be a minimum of2,000 square feet. Minimum building site frontage required
shall be 25 feet. However, 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
specified in this section. (Ord. 90-41;December 13, 1990).
b.Where the rear of a lot abuts an alley, a rear yard setback of at least 10 feet
shall be maintained.
Page 87
COMMERCIAL DISTRICT REGULATIONS
Chapter 20.33
No rear yard setback shall be required except as follows:
No side yard setback shall be required except where the side of a lot abuts an R
district, in which case a side yard setback of at least 5 feet shall be maintained.
a.Where the rear of a lot abuts an R district a rear yard setback of at least 5
feet shall be maintained..
20.33.040 FLOOR AREA,BUILDING BULK, AND BUILDING
HEIGHT.The total gross floor area and building bulk contained in all buildings on a
buildable site in anycommercial district shall be as specified in Chapter 20.07.The building
height limit shall be as specified in Chapter 20.02. (Ord. 90-41;December 13, 1990)..
No front yard setback shall be required except as modified by the provisions of
Section 20.33.070 C,APF District Controls.
A.YARDS. Setbacks shall be as follows unless otherwise indicated on the Districting
Maps.
2. Side Yards
B.ENCROACHMENTS UPON OFFICIAL PLAN LINE.Whenever a mapped
street has been established,required yards shall be measured from the mapped street.In
no case shall the provisions of this Title be construed as permitting any encroachment upon
any mapped street.
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3.
4.
Page 87-2
COMMERCIAL DISTRICT REGULATIONS
Chapter 20.33
Wholesale and Industor:One parking.space for each 2,000 square feet of grossfloor
area and one loading space for each 10,000 square feet of gross floor area. One
parking space shall be provided for each 250square feet of grossfloor area of office
space or retail space provided in conjunction with any wholesale or industrial use.
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 includingpatios, balconies,
and any outdoor areas capable of being used for the purpose of serving food or
beverages, with the exception of kitchens, rest rooms, 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:
a. Physical design characteristics of the restaurant and restaurant site.
i)Portion of net public area designated for dining, cocktails,or dancing.
ii) Number of tables or seats, and their arrangement.
iii)Other areas that should logically be excluded from the determination
of net public area.
iv) Parking lot design, including the use of compact parking spaces,
tandem parking, and valet parking.
v) Availabilityof guest dock space for boats.
b. Location of the restaurant.
i) In relation to other uses and the waterfront.
ii) Availability of off-siteparking nearby.
iii)Amount of walk-in trade.
iv) Parking problems in the area at times of peak demand.
c.Operational characteristics of the restaurant.
i) Beer, wine, or full service bar.
~------------_._---
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Page 87-4
COMMERCIAL DISTRICT REGULATIONS
Chapter 20.33
1.For the first 125,000sq.ft.,one parking space shall be provided for each 250 sq. ft.
of net floor area.
2.For the next 300,000sq.ft.,one parking space shall be provided for each 300 sq. ft.
of net floor area.
3.For any additional floor area, one parking space shall be provided for each 350 sq.
ft. of net floor area.
For pools based on more than 425,000sq. ft. of net floor area,the Planning Commission
may modify the parking formula by use permit,based on a demonstrated formula.
C.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:
1.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.
2. When the building site is subject to two or more uses and the maximum parking
requirements for such uses do not occur simultaneously. (Ord. 90-41;December 13,
1990).
20.33.060 OFF-STREET PARKING ON A 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:
1.Such lot is so located as to be useful in connection with the proposed use or
uses on the building site or sites.
2.Parking on such lot will not create undue traffic hazards in the surrounding
area.
3. Suchlot and the building site are in the same ownership, 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 duration adequate to serve all
proposed uses on the building site or sites).
4.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.
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Page 87-6
COMMERCIAL DISTRICT REGULATIONS
Chapter 20.33
20.33.070 SPECIFIC DISTRICTS.It is the City's intent to establish specific
commercial districts where uses are organized for particular purposes as follows:
A.RETAIL AND SERVICE COMMERCIAL (RSC)DISTRICT.It is the intent
of the RSC District to provide areas which are predominantly retail in character but which
allow some service office uses.
B.RECREATIONAL AND MARINE COMMERCIAL (RMC)DISTRICT.
1.Intent
It is the intent of the RMC District to preserve and encourage uses with a marine
commercial and visitor serving orientation in waterfront areas.
2. Special Controls
Within the RMC District,certain uses shall be permitted only where combined with
marine incentive uses which occupy at least 40 percent of the lot.Incentive uses and
those uses with which marine incentive uses are required are indicated on Table
20.33.
For purposes of determining compliance with this Section, "site"shall be defined as
the total land area within the established property lines of a parcel,including any
portion under water.Forty percent (40%)of this total area shall be occupied by an
incentive use as defined herein.For those permitted uses such as boat slips located
between the U.S.Bulkhead Line and the U.S.Pierhead Line, any area on the site
supporting the permitted uses, such as parking devoted exclusivelyto the boat slips,
shall be included in the calculation of incentive uses to determine compliance with
this Section.
Where a mixed-use development is proposed,the area devoted to non-incentive,
permitted uses which are not required to operate in conjunction with an incentive use
shall be subtracted from the total area of the development.Forty percent (40%) of
the balance of the total development shall be devoted to an incentive use.
C.ADMINISTRATIVE,PROFESSIONAL,AND FINANCIAL COMMERCIAL (APF)
DISTRICT.
1.Intent
It is the intent of the APF District to provide areas which are predominantly used
for offices but which also accommodate support retail and service uses.
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Page87-8
COMMERCIAL DISTRICT REGULATIONS
Chapter 20.33
TABLE 20.33
,,.,,,
TYPE OF USE EXAMPLES iasc APF RMC
,.,~".",..,'..
REDuCED FAR USES
(Floor area ratio up to 0.3)
PUBLIC ASSEMBLY AUDITOlUUMS UP UP UP
TIlEATERS UP UP UP
FOOD USI:!S DlUVE-u'l 'OUT RESl'AUKANTS IUP UP UP
RESTAURANfS UP UP UP
DRIVE-IN FACILmES UP UP UP
MISe.HEALTH CLUB/AEROBICS STUDIOS UP UP UP
MINI·MARTS YES YES UP
SOCIAL CLUBS UP UP UP
",
BASE FAR USES
(Floor area ratio up to 05)
ARTORINSTRUCDONAL ART STUDIOS YES YES YES
FACILmES PHOTOGRAPHY STUDIOS YES YES UP
DANCE STUDIOS UP UP NO
MUSIC/ART SCHOOLS UP UP UP
PRIVATE INSTRUCTIONAL FACILmES UP UP UP
MAIUNEuSES BOAT CHARTER (BOATS PRESENr)UP NO INC·P
BOAT SALES (BOATS PRESENI)UP NO INC-P
MAlUNE SERVICE STATION UP NO INC-UP
AUTOMOBILE RELATED USES AUTO DErAlLINO~.CAR WASH UP uP UP
AUTO RENTAL (OFFICE ONLY)YES YES UP'
AUTO RENTAL (VEHICLES PRESENI)UP UP NO
AUTO REPAIRS UP UP NO
AUTO SALESjLEASINO UP UP NO
(VEHiCLES'PRESENI)
AUTO WINDOW TINTING UP UP NO
INSTALLATION OF AUTO SOtJ!','D SYSTEMS UP UP NO
GASOUNE SERVICE STATIONS UP UP UP
PROFESSIONAL SERVICES ACCOUNrANTS YES YES UP'
ARCHITEcrs YES YES UP'
ATTORNEYS YES YES UP'
CHIROPRAcrORS YES YES UP'
DENrAL OFFICE YES YES UP'
ENOINEERS YES YES UP'
INTElUOR DECORATORS YES YES UP'
MAlUNE-RELATED OFFICE INCLUDING:YES YES YES
BOAT CHARTER (OFFICE Ol\'LY)YES YES YES
BOAT SALES (OFFICE ONLY)YBS YES YES
MEDICAL OFFICE YES YES UP'
PlUNTERS YES YES UP'
REALTORS/ESCROW YES YES
UP'
OTIlER PROFESSIONAL SERVICES YES YES UP'
._._-------------------------------------_....
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Page 87-10
COMMERCIAL DISTRICT REGULATIONS
Chapter 20.33
,,.-,'
"
MAXIMuM FAR USBS
(Floorarearatioupto 0.75 or 1.0)
MAIUNE uSBS BOAT BUILDING INO NO INC,UP
BOATHAUI,OUT NO NO INC-P
BOATREPAlR NO NO INC-P
OvERNIGHT BED AND BREAKFASrS IUP UP UP
ACCOMMODATIONS HOTEL UP UP UP
MOTEL UP UP UP
INDUSIRIAL GENERAL UGIIT INDUSIRIAL ,NO NO UI'(1,1)
GENERAL UGHT MANUFACTURING NO NO NO
HEAVY INDUSIRIAL NO NO NO
GENERAL LABORATORIES NO NO NO
MACHINE SHOPS NO NO NO
MARINE INDUSIRIAL NO NO
INC-UP
MARINE MANUFACTURING NO NO
INC-UP
MEDICAL lABORATORIES NO YES NO
RESEARCH lABORATORIES NO NO NO
WHOLBSALE WHOLBSAL"""'-=J\NC ANC ANC
CONGREGATE RESIDENCBS CONGREGATE CARE FACIUTIBS uP uP NO
ELDERLY RESIDENTIAL UP UP UP
SINGLE ROOM OCCUPANCY UP UP UP
SrORAGE DRY BOAT SIORAGE INO NO INC·P
MINISIORAGE WHERE SPECIFICALLY UP UP UP
PERMrrrnD BY THE GENERAL PLAN
MINISIORAGE,GENERALLY NO NO NO
GENERAL SIORAGE WHERE UP UP UP
SPECIFICALLY
PERMrrrnD BY THE GENERAL PLAN
GENERAL SIORAGE NO ANC NO
OUTDOOR SIORAGE NO NO
UP
..
FIXED FLOOR AREA RA'DO USES
CEMETERy/MAUSOLEUM/CREMA'!'ORIuM NO NO NO
FREBSIANDING RELIGIOUS FACILmES NO NO NO
MUNICIPAL OFFICES NO NO NO
COMMUNITY CENTERS UP UP UP
HOSPITALS NO NO NO
PUBUC UBRARIES NO NO
NO
MUSEUMS NO NO
NO
POSI OFFICE (FEDERAL)NO NO
NO
RESERVOIRSfWATER FACILmES NO NO NO
SCHOOLS NO NO NO
TRANSIT FACILmES UP U/A UP
UTILITY SUBSIATIONS NO NO NO
..__...._------------------------------------_....
COO DISTRICf
Chapter 20.34
(c) Accessoryuses normally incidental to uses permitted in the district.
(a) Multiple dwellings or apartment houses, hotels, motels,professional offices,
clubs.
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height and Floor Area Limit.
Site Area.
Yards.
Extensions Into Yards.
Automobile Storage or Parking Space -Residential Uses.
Automobile Storage or Parking Space - Commercial Uses.
Requirements for Off-Street Parking.
Plans and Drawings for Commercial Districts.
USES PERMITIED.The following uses shallbe permitted in CoO
(b)Retail sales, specialty food uses in accordance with Chapter 20.72, and
wholesale sales when combined with retail sales of a similar nature;storage
therefore shall be within a building, except for boats.
Page 88
COO DISTRICf
Chapter 20.34
(d)Temporary structures and uses.Regulations are as specified in Section
20.30.015 of General Controls - Commercial Districts.
20.34.010
20.34.015
20.34.020
20.34.025
20.34.030
20.34.035
20.34.040
20.34.050
20.34.055
20.34.060
20.34.065
Sections:
20.34.015
Districts:
20.34.010 EFFECf OF CHAPTER.The following regulations shall apply
in all CoO Districts, subject to the provisionsof Chapter 20.30.(Ord. 913 (part),1960;1949
Code §9103.490).
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Page 90
COO DISTRICT
Chapter 20.34
B. SIDE YARDS. For buildings in excess of three stores in height, which are
designed exclusively for uses other than residential, there shall be a side yard on each
side of the building,beginningwith 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 the 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,beginningwith the first story used in whole
or in part for residential purposes, of not less than five feet, increasing in width
thereafter a distance equal to two percent of the average width of the lot for each story
above the first story used for residential purposes. 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 applyfor 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).
20.34.040 EXTENSIONS INTO YARDS.Regulations are as specified in
Section 20.30.025 of General Controls - Commercial Districts.
20.34.050 AUTOMOBILE STORAGE OR PARKING SPACE -
RESIDENTIAL USES.Accessible storage or parking space for the parking of
automobiles off the street shall be provided as follows:
(a) Not less than one garage space for each two guest rooms in any rooming
house.
(b) Not less than one garage space for each of the first four family units, and
two off-streetparking spaces,one of whichmust be a garage space for each
additional family unit, in any dwelling group of more than four family units.
20.34.055 AUTOMOBILE STORAGE OR PARKING SPACE -
COMMERCIAL USES. Regulations are as specified in Section 20.30.030 of General
Controls -Commercial Districts.
C-1 DISTRICT
Chapter 20.35
(a) Professional offices, community centers, social halls, lodges and clubs.
Page 92
C-1 DISTRICT
Chapter 20.35
Effect of Chapter.
Uses Permitted.
Uses Requiring Use Permit.
Building Height and Floor Area Limit.
Site Area.
Yards.
Extensions Into Yards.
Dwellings in C-1 Districts - Yards.
Automobile Storage or Parking Space.
Requirements for Off-Street Parking.
Plans and Drawings for Commercial Districts.
USES PERMITTED.The followinguses shall be permitted in
20.35.010
20.35.015
20.35.020
20.35.025
20.35.030
20.35.035
20.35.040
20.35.045
20.35.050
20.35.055
20.35.060
(b)Retail stores, specialty food uses in accordance with Chapter 20.72, and
personal service establishments within a building including appliance stores,
bakeries (not wholesale), banks,barbershops,beauty parlors, bookstores,
department stores, drugstores, food shops,hardware stores, nurseries, offices,
radio stores, antiques shops, shoe shops, studios,tailor shops, fortune-telling
businesses, and other uses which in the opinion of the Planning Commission
are of similar nature.
(c) Accessoryuses normally incidental to commercial developments,where such
uses do not alter the character of the premises in respect to their use for
purposes permitted in the district. Such accessorybuildings shall be allowed
only when constructed concurrent with or subsequent to the main building.
Sections:
20.35.010 EFFECT OF CHAPTER.The followingregulations shallapply
in all C-1 Districts,subject to the provisions of Chapter 20.30.(Ord. 635 (part),1950:1949
Code §9103.5).
20.35.015
C-1 Districts:
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Page 94
c-i DISTRICT
Chapter 20.35
20.35.030 SITE AREA. The Building Site Area required shall be a
minimum 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).
20.35.035 YARDS.A.FRONT YARDS.No frontyard shallbe required,
except where the frontage in a blockis partially 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, exceptwhere 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).
20.35.040 EXlENSIONS INTO YARDS.Regulations are as specified in
Section 20.30.25 of General Controls -Commercial Districts.
20.35.045 DWELLINGS IN C-l DISTRICTS -YARDS.Every building
or portion thereof which is designed or used for any dwelling purpose in any C-l District
shall comply with the requirements of such appropriate residential district as is
determined by the use to which such C-l District property is being put,provided,
however,that when the entire ground floor of any such building is used for any
commercial purpose, the yard provisions specified for such C-l District maybe applied
to the ground floor only.
20.35.050 AUTOMOBILE PARKING AND STORAGE SPACE.
Regulations are as specified in Section 20.30.030 of General Controls -Commercial
Districts.
20.35.055 REQUIREMENTS FOR OFF-STREET PARKING.Regulations
are as specified in Section 20.30.045 of General Controls -Commercial Districts.
20.35.060 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS.
Regulations are as specified in Section 20.30.050 of General Controls -Commercial
Districts.
...----_._------------------------------'
C-2 DISTRICT
Chapter 20.36
(a) Professional offices;community centers; social halls and clubs.
---------------------------------------_....
Effect of Chapter.
Intent and Purpose - Conditions.
Uses Permitted.
Uses Requiring Use Permit.
Building Height Limit.
Site Area.
Yards.
Extensions Into Yards.
Dwellingsin C-2 Districts - Yards.
Automobile Storage or Parking Space.
Requirements for Off-Street Parking.
Plans and Drawings for Commercial Districts.
USES PERMITTED.The followinguses shall be permitted in
20.36.010
20.36.015
20.36.020
20.36.025
20.36.030
20.36.035
20.36.040
20.36.045
20.36.050
20.36.055
20.36.060
20.36.065
Sections:
Page 95
C-2 DISTRICT
Chapter 20.36
20.36.010 EFFECT OF CHAPTER.The following regulations shallapply
in all C-2Districts, subject to the provisionsof Chapter 20.30.(Ord. 635 (part),1960:1949
Code §9103.6).
20.36.015 INTENT AND PURPOSE -CONDffiONS.Uses permitted
in the C-2District 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 compliedwith. (Ord. 845(part),1958:1949Code §9103.60).
20.36.020
the C-2 Districts:
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Page 97
C-2 DISTRICf
Chapter 20.36
20.36.030 BUILDING HEIGHT LIMIT,BUILDING BULK,ANDFLOOR
AREA LIMIT. The building height limit shall be as specified in Chapter 20.02.
Building bulk and development intensity shall be as specified in Chapter 20.07.(Ord.
89-19,Sept.13,1989;Ord.1454 §15, September 11,1972:prior Ord.635 (part),1950:
1949 Code §9103.63).
20.36.035 SITE AREA The Building Site Area required for each main
building shall be a minimumof 2,000 square feet.Minimum buildingsite frontage shall
be 25 feet. (Ord.635 (part),1959:1949 Code §9103.64).
20.36.040 YARDS.A FRONT YARDS.No frontyardsshallbe required,
exceptwhere the frontage in a block is partiallyin 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.
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).
20.36.045 EXTENSIONS INTO YARDS.Regulations are as specified in
Section 20.30.025 of General Controls -Commercial Districts.
20.36.050 DWELLINGS IN C-2 DISTRICfS -YARDS.Every building
or portion thereof which is designed or used for any dwelling purpose in any C-2District
shall comply with the requirements of such appropriate residential district as is
determined by the use to which such C-2 District property is being put,provided,
however,that when the entire ground floor of any such building is used for any
commercial purpose, the yard provisions specified for such C-2 District may be applied
to the ground floor only.
20.36.055 AUTOMOBILE PARKING AND STORAGE SPACE.
Regulations are as specified in Section 20.30.030 of General Controls -Commercial
Districts.
20.36.060 REQUIREMENTS FOR OFF-STREET PARKING.Regulations
are as specified in Section 20.30.045 of General Controls -Commercial Districts.
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B.FLOOR AREA RATIO AND BUILDING BULK
2.The residential portion of the structure,excluding covered parking, shall be
limited to a maximum floor area ratio of .75.
A All uses which would be provided under ordinances governing the primary
commercial district shall be permitted.
1.The total gross floor area and building bulk in all structures on any site shall
be as specified in Chapter 20.07.
Intent and Purpose
Uses Permitted
Development Standards
USES PERMITTED
DEVELOPMENT STANDARDS
CHAPTER 20.37
RESIDENTIAL OVERLAY (-R)DISTRICf
20.37.010
20.37.020
20.37.030
20.37.020
20.37.030
20.37.010 INTENT AND PURPOSE.It is the intent and purpose
of this chapter to provide for the establishment of residential uses in commercial districts
and to regulate such residential uses through application of the Residential Overlay
(-R) District. (Ord. 90-30,August 8, 1990).
Page 98-1
RESIDENTIAL OVERLAY
(-R)DISTRICf
Chapter 20.37
B.Residential uses shall be permitted on the second floor or above,where the ground
floor is occupied by a use permitted under ordinances governing the primary commercial
district.(Ord.90-30,August 8, 1990).
A LOT AREA PER UNIT.One dwelling unit shall be permitted for each 2,375
square feet of land area, with a minimum of one dwelling unit allowed per lot, unless
otherwise indicated on the Districting Maps.For purposes of determining the allowable
number of units,areas which have a slope greater than two to one (2:1) or which are
submerged shall be excluded from land area.Submerged areas are defined to be areas
which are below Mean Higher High Water.
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Chapters:
20.40
20.41
2Q.42
PART IV:INDUSTRIAL DISTRICTS
General Controls -Industrial Districts
M-1 District
M-1-A District
GENERAL CONTROLS -INDUSTRIAL DISTRICTS
Chapter 20040
20040.010 EFFECT OF CHAPIER The general controls containedin this
Chapter shall apply to all developments in Industrial Districts.
Effect of Chapter.
Temporary Structures and Uses.
Uses Requiring Use Permit.
Requirements for Off-Street Parking.
Plans and Drawingsfor "M"Districts.
Building Site Area Exception.
20.40.010
20.40.015
20.40.020
20.40;030
20.40.035
20.40.040
Sections:
20.40.015 TEMPORARY STRUCTURES AND USES.A INTENT
AND PURPOSE.The intent and purpose ofthisSectionis to establish procedures whereby
the Director of Community Development 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.
Page 99
GENERAL CONTROLS
INDUS1RIAL
Chapter 20040
B.TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The
Director of Community Development may authorize the temporary use of structures and
landin any Industrial Districtfor a period of time not to exceed90days.Prior to approving
said temporary use the Director of Community Development shall inform the Planning
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Page 101
GENERAL CONTROLS
INDUSTRIAL
Chapter 20.40
(e) Heliports and helistops. No helicopter shall land or take off and no heliport
or helistop shallbe established in anyMDistrict unless a Use Permit shallfirst
have been secured for the establishment, maintenance, and operation of such
use. The Community Development Director mayapprove temporary helistops
in any zoning district of the Cityfor a period not to exceed 90 daysfor use in
connection with major construction sites if he determines that such helistops
willnot unduly interfere with the health, safety,and welfare ofpersons owning
property in the surrounding area and he may attach appropriate conditons to
such approval.
(f)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 closer than twohundred feet to the boundary of any"R"District, shall
be lighted externallyunless a Use Permit shall first have been secured for the
installation, maintenance, and operation of the lighting fixtures. (Ord.1446;
June 26, 1972).
(g)Relocatable buildings.Nobuilding permit or relocation permit shallbe issued
for the erection or placement of a relocatable buildingunless the applicant for
said building permit has first applied for and obtained a use permit from the
Planning Commission to maintain said relocatable building at a specific
location. (Ord. 1774(part),§4,1978).
20.40.030 REQUIREMENTS FOR OFF-STREET PARKING
A APPUCABIUTY.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 subject 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 resolution and shall show minimum
dimensions of parking spaces and aisles,requirements for entrances and exits, and
requirements formarkingsand other devices deemed necessaryto protect patrons, the traffic
on adjoining streets and alleys, and property owners in the vicinity.
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Page 103
GENERAL CONTROLS
INDUSTRIAL
Chapter 20.40
B.ARCHITECfURAL COMMITTEE -APPOINTMENT AND MEMBERSHIP.The
Planning Commissionmay appoint an Architectural Committee of three members, who may
be employees in the following departments:Department of Community Development and
City Engineer.(Ord. 845,1958:Ord. 635, 1950: 1949 Code §9105.6 (b».
C.AUlliORITY OF ARCHITECfURAL COMMITTEE -STANDARDS.The
Architectural Committee shall have authority to approve architectural sketches within the
meaning of Section 20.40.035 (A),but all approvals shall be based on standards of good
architectural design; such standards,which shall be entitled "Drawings and illustrated
Architectural Standards for Certain Areas Designated in Title 20 of the Municipal Code of
the City of Newport Beach," shall be approved by the Planning Commission and the City
Council, and shall be on file in the Department of Community Development.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(c».
D.APPEAL FROM ARCHITECTURAL COMMITTEE ACTION. In case the
applicant is not satisfied with the decision of the Architectural Committee,he may within
thrity 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».
E.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».
F.APPROVAL OF PLANS REQUISITE TO PERMIT ISSUANCE. No permit shall
be issued in any case as provided in Section 20.40.035 (A)until such drawings and sketches
have been approved by the Planning Commission or by the City Council in the event of
appeal from the Planning Commission, and all buildings,structures and grounds shall be in
accordance with the drawings and sketches. (Ord, 845, 1958: Ord. 635, 1950: 1949Code
§9105.6 (f).
20.40.040 BUILDING SITE AREA EXCEPTION.Anylot or parcel ofland
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). .
(a) Wholesale bakeries; creameries; bottling works; building material yards;
contractors yards; fuel yards; machine shops; lumber yards; building and
Page 104
M-l DISTRICf
Chapter 20.41
20.41.010 EFFECf OF CHAPTER. The following regulations shall
apply in all M-l Districts, subject to the provisions of Chapter 20.40.(Ord.635 (part),
1950:1949 Code §9103.7).
20.41.015 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 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 Commissionmay 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).
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Sections:
20.41.010
20.41.015
20.41.020
20.41.025
20.41.030
20.41.035
20.41.040
20.41.050
20.41.055
20.41.060
20.41.020
in the M-l Districts:
Chapter 20.41
M-l DISTRICf
Effect of Chapter.
Intent and Purpose.
Uses Permitted.
Uses Requiring Use Permit.
Prohibited Uses.
Building Height and Floor Area Limit.
Yards.
Requirements for Off-Street Parking.
Dwellings in "M"Districts - Yards.
Plans and Drawings for "M"Districts.
USES PERMfITED.the following uses shall be permitted
Page 106
M-1 DISTRICT
Chapter 20.41
3. Any existing structure or use may be enlarged by not more than 10%
of its originalgross area in anyone year period without complying with
the requirements of this subsection.
(d)Recreational establishments,institutions,cemeteries,public buildings,parking
of automobiles on roofs, removal of earthen materials, heliports and
helistops,outdoor lighting may be permitted as specified more particularly
in Section 20.40.020 of General Controls - Industrial Districts.
(Ord.89-35,Dec. 27,1989;Ord,1753 §23,1977: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 §9103.72).
Autowrecking,fish canneries and/or reduction grindingand processingplants; drillingfor
and/or removal of oil,gas,or other hydrocarbon materials; distillation of bones;dumping,
disposal,incineration or reduction or 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, melting 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 20.41.015.(Ord. 845 (part),1858:Ord. 635 (part),
1950:1949 Code §9103.73).
2Q.41.035 BUILDING HEIGHT, BUILDING BULK,AND FLOOR AREA
LIMIT. The total gross floor area and building bulk contained in all buildings on a
building site in an M-1 District shall be as specified in Chapter 20.07;provided that in
no event shall any building exceed the height limit specified in Chapter 20.02.(Ord. 89-
19,Sept.13,1989;Ord.1454 §17, September 11,1972:prior Ord. 974 (part),1961:
Ord. 635 (part),1950:1949 Code §9103.74).
20.41.040 YARDS.A.FRONT YARD. No front yard shall be required,
exceptwhere 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.
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20.41.030
Districts.
PROHIBITED USES. The following uses are prohibited in M-1
Chapter 20.42
M-I-A DISTRICT
Page 108
M-I-A DISTRICT
Chapter 20.42
20.42.010 EFFECT OF CHAPTER. The following regulations shall
apply in all M-I-A Districts and shall be subject to the provisions of Chapter 20.40.
Except that where conflict in regulations occur, the regulations specified in this Chapter
shall apply. (Ord. 804 (part),1956:1949 Code §9103.9 (part».
20.42.015 INTENT AND PURPOSE.A.ESTABLISHMENT. M-I-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-I-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.
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Sections:
20.42.010
20.42.015
20.42.020
20.42.025
20.42.030
20.42.035
20.42.040
20.42.045
20.42.050
20.42.055
20.42.060
20.42.065
20.42.070
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.
Requirements for Off-Street Parking.
Dwellings in "M"District -Yards.
Plans and Drawings for "M"Districts.
(c)
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Page 110
M-I-A DISTRICT
Chapter 20.42
One residence for an owner or owners of a building site,including two
garage spaces,provided that such use willbe incidental to and willnot alter
the character of the premises in respect to the permitted uses in Section
20.42.020 of the uses permitted with a use permit in subsections (a) and (b)
above. (Ord.1844 (part)§1 1980).
20.42.030 FLOOR AREA AND BUILDING BULK. The total grossfloor
area and building bulk contained in all buildings on a buildingsite in an M-I-A District
shall be as specified in Chapter 20.07;provided that in no event shall any building
exceed the height limit specified in Chapter 20.02.(Ord.89-19,Sept.13,1989;Ord.1454
§18,September 11,1972:prior Ord. 974 (part),1961:Ord. 804 (part),1956:1949
Code §9103.93).
20.42.035 SITE AREA. The building site area required shall be a
minimum of 10,000 square feet. (Ord.974 (part),1961:Ord. 804 (part),1956:1949
Code §9103.94).
20.42.040 YARDS. A.SETBACK.A minimum setback of 15 feet from
any street or highway property line shall be required.
B. FRONT YARDS. A front yard area adjacent to the front property 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 egressto the property. The walkways and driveways shall not use more than
forty percent (40%) of this front yard area.
C. SIDE YARDS. Buildingsites 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 property line to the rear property line.
The side yard shallbe appropriatelylandscaped and maintained exceptfor 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 caseswhere a street or alley does not existto
separate this zone from any other more restrictive zone, a zone separation area 10 feet
wide and extending the entire distance the zones adjoin each other shall be provided.
The zone separation area shall be appropriately landscaped and maintained. (Ord. 804
(part),1956:1949 Code §9103.95).
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Page 112
M-I-A DISTRICT
Chapter 2Q.42
20.42.065 DWELLINGS IN "M"DISTRICTS -YARDS.Everybuilding
or portion thereof which is designed or used for any dwelling purpose in any M-I-A
District shall comply with the requirements of such appropriate residential district as is
determined by the use to which such M-I-A District property is being put,provided,
however,that when the entire ground floor of any such building is used for any
commercial or manufacturing purpose. The yard provisions specified for such M-I-A
District may be applied to the ground floor only.
20.42.070 PLANS AND DRAWINGS FOR "M"DISTRICTS.Regulations
are as specified in Section 20.40.035 of General Controls - Industrial Districts.
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Chapters:
20.50
20.51
20.52
20.53
20.54
PART V:SPECIAL PLANNING DISTRICTS
Planned Residential Development
Planned Community District
Open Space District
"U"District
Governmental,Educational,and Institutional
Facilities District
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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
Page 113,
PIANNED RESIDENTIAL
DEVELOPMENT
Chapter 20.50
Chapter 20.50
PLANNED RESIDENTIAL DEVELOPMENT
Intent and Purpose.
Use Permit Required.
Application for Permit.
Application Contents.
Relocationof Structures in Common Area.
LandArea Required.
Dwelling and UsesPermitted.
Perimeter of PublicStreets - Partial Waiver.
Conformance to MasterPlan.
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 Requisiteto Building Permit Issuance.
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Page 115
PLANNED RESIDENTIAL
DEVELOPMENT
Chapter 20.50
(d) A general development plan with at least the following 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, drivinglanes, 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.
4. Location and height of all walls,fences and screen planting, includinga
detailed plan for the landscapingof 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 classification in accordance with
Section 20.84.020,if such a change in zoningclassificationis 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. (1949Code §9108.13 added by
Ord. 955; April 10, 1961).
20.50.050 RELOCATION OF STRUCTURES INCOMMON AREA.After
final approval of anyUse Permit for a planned residential development bythe CityCouncil,
the Community Development Director shall be authorized to approve the relocation of
fences, walls,swimmingpools, communitybuildings, utility buildings and facilities, and
off-streetparking areas located withinan open space or recreational lot provided for the use
and benefit of the familydwellingunits in the development. (1949Code §9108.131 added
by Ord. 1114;January 26, 1965).
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Page 117
PLANNEDRESIDENTIAL
DEVELOPMENT
Chapter 20.50
20.50.110 MINIMUM LAND AREA PER DWELLING UNIT. The
minimumland area for each familydwellingunit,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 districtsin whichsuch development is to be located. (1949Code §9108.8
added by Ord.635;December 12, 1950as amended by Ord,1001;May 14, 1962).
20.50.120 MINIMUM FLOOR AREA.There shall be a minimum floor
living area of 1,000square feet for each familydwellingunit in an R-1 or R-2 District, and
there shall be a minimum floor living area of 600square feet for each family dwellingunit
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 20.02.(Ord. 1454 §21,September 11, 1972:prior 1949 Code §
9108.10 added by Ord.955;April 10, 1961).
20.50.140 YARDSANDOPEN SPACES. The front and rear yardsand 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-STREETPARKING. Theoff-streetparking requirements for
each such development shall be as follows:
(a) Two covered parking spaces for each familydwellingunit 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 dwellingunit in the development.
Such parking spaces may be uncovered and shall be so located as to be
accessibleto suchvisitorsand guests. This requirement for additional parking
for visitors and guests shall be waived to the extent that the Planning
Commissiondetermines that there is an equivalent number of parking spaces
availableto servethe project when on-street parking spacesand parkingspaces
in private driveways are taken into consideration.
(c) The required parking spaces or any portion thereof may be grouped when it
isfound and determined that suchgrouping or parking spaces and the location
thereof will be accessibleand useful in connection with the proposed dwelling
unitsin the development. (1949Code §9108.12 added byOrd. 635;December
12, 1960as amended by Ord,1114;January 25, 1965).
PLANNED COMMUNITY DISTRICf
Chapter 20.51
Page 119
PLANNED COMMUNITY
DISTRICf
Chapter 20.51
Effect of Chapter.
Intent and Purpose.
General Requirements.
Uses Permitted.
Uses Requiring Use Permit.
Temporary Structures and Uses.
Underground Storage of Flammable Liquids.
Application Procedure.
Development Plan.
Amendments to Development Plan.
Commencement of Construction.
Application for Use Permit Development.
Conformance Requisite to Building Permit Issuance.
Development of Coastal Bluff Sites in Planned Community
District.
20.51.010
20.51.015
20.51.020
20.51.025
20.51.027
20.51.030
20.51.032
20.51.035
20.51.040
20.51.045
20.51.050
20.51.055
20.51.060
20.51.080
20.51.010 EFFECf OF CHAPTER.The following specific regulations
shall apply in all P-C Districts, subject to the provisions and exceptions of Chapters 20.10,
20.30,and 20.40.Where conflict in provisions occurs the regulations specified in this
Chapter or in the Development Plan or plans approved pursuant to this Chapter shall
apply. (Ord. 1523 §1 (part),1973:prior Ord. 1240 §1 (part), 1968).
20.51.015 INTENT AND PURPOSE.The purpose of these regulations
is to provide for the classification and development of parcels of land as coordinated,
comprehensiveprojectsso asto take advantage ofthe superior environment whichcanresult
from large-scale communityplanning.
Sections:
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USES PERMITTED.The followinguse ofland shall be permitted
Those land uses permitted by the City's General Plan at or below a density or
intensity prescribed by the General Plan.
Grading shall be permitted within a P-C District outside of a sector of
immediate development subject to the securing of a grading permit.
The continuation of land uses, including agricultural,which existed in the
district at the time of adoption of the Development Plan,except as otherwise
provided herein.Existing land uses shall either be incorporated as part of the
Development Plan or shall terminate in accordance with a specific abatement
schedule submitted and approved as part of the Development Plan. Existing
land uses which are prohibited by any provisions of Title 20 of this Code shall
be terminated prior to final approval of the Development Plan.
Where existing land uses have been established by a Use Permit prior to the
adoption of a P-C District and said uses are to be retained,the Use Permit as
approved or subsequently amended shall constitute the required Development
Plan.
Page 121
PLANNED COMMUNITY
DISTRICf
Chapter 20.51
(f)In order to meet the objectives set forth in Section 20.51.015 of this Code,an
application for a planned community district shall contain a minimum of
twenty-five (25) acres of unimproved land area or ten (10)acres of improved
land area.'Improved land area'as used within this section shall mean parcels
of land with permanent structures affixed thereto,said improvements
occupying a land area amounting to ten percent (10%)of the total acreage of
the planned community at the time of application for zone change, excluding
therefrom areas of public works or improvements and public rights-of-way.
This section shall not be deemed to require the continued use of any structures
or improvements existing at the time of application for zone change.The
minimum acreage requirement as set forth in this paragraph may be waived
by written application to the Planning Commission and approval thereof prior
to the consideration of the application for a zone change.(Ord.1551 § 1,
1974:prior Ord. 1523 §1 (part),1973: Ord. 1240 §1 (part),1968).
(a)
(b)
(c)
(d)
(e)
20.51.025
in P-C Districts:
Specialty food uses in accordance with Chapter 20.72 shall be permitted in any
portion of a Planned Community District where retail uses are permitted.
(Ord.90-31,August 8,1990;Ord. 89-35,Dec.27, 1989;"Ord. 1523 § 1 (part),
1973:prior Ord, 1240 § 1 (part),1968).
20.51.027 USES REQUIRING USE PERMIT.The following uses shall be
permitted in any P-C District subject to the securing of a Use Permit:
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Page 123
PLANNED COMMUNITY
DISTRICT
Chapter 20.51
B.Temporaor Uses andStructures Not to Exceed90 Days.The Director of Community
Development may authorize the temporary use of structures and land in any 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 ofhisintent to permit saiduse and shalltake whateversteps or precautions are
necessary to assure that said use will be consistent with the purpose and intent of this
section and that said land or buildingwillbe restored at suchtime as the use is terminated.
C.Temporaor Uses and Structures in Excess of 90 Days. The Planning Commission
mayauthorize the temporary use of structures and land in anyPlanned CommunityDistrict
for periods of time in excess of 90 days,subjectto the securingof a use permit in each case.
In approving said use permit, the Planning Commissionmay impose whatever conditions
they deem necessaryto assure that the purpose and intent ofthis section is carried out and
shall establish a specific point in time when said permit is to be terminated and the site
restored.
D.Temporaor Real Estate Signs and Structures. The Director of Community
Development mayapprove temporarysignsand temporary tract and salesofficesfor 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 subdivisionmap.
E. Extensions of Time for Temporaor Uses and Structures. The Director of
Community Development and the Planning Commissionmay authorize extensions
of time subject to the procedures specified above.
(Ord.1591 §1,1974:1949 Code §9105.10) added by Ord.1130;1965).
20.51.032 UNDERGROUND STORAGE OF FLAMMABLE LIQUIDS.
The underground storage of flammable liquids shall be prohibited in any residential area
of a P-C District in the City. (Ord.1834 §2,1980).
20.51.035 APPLICATION PROCEDURE.At least sixty (60)days prior to
filing an application for classification of land to a P-C District, or the adoption of a
Development Plan, all information shall be submitted to the Community Development
Director for review and recommendation. The Community Development Director 'shall
ascertain ifthe proposal complieswith the requirements ofthis Chapter and if the form and
content is sufficient to establish or amend a P-C District. The CommunityDevelopment
Director shalladvisethe applicant ofthe sufficiency or insufficiency ofthe proposal in order
that the application,when filed,maybe complete and may correspond to the General Plan
of the City.
Upon determination by the Community Development Director that the application is
sufficientasto form and content and meets the requirements set forth in this chapter, it may
be filed,after whichit shallbe set for public hearing before the Planning Commission.Said
application shall be accompanied by a filing fee as established by Resolution of the City
Council. When a Development Plan isfiled in conjunctionwith a P-C District for whichno
previous Development Plan has been adopted, said Development Plan shall also be
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Page 125
PLANNED COMMUNITY
DISTRICT
Chapter 20.51
4.The general location of major thoroughfares coordinated with the City
of Newport Beach Master Street and Highway Plan and the Orange
County Master Plan of Arterial Highways.
(d)The Development Plan and any amendment thereto shall be accompanied by
the following:
1.A general land use map,setting forth the proposed uses of all sectors
within the subject property and the approximate acreage of each.
2.An accompanying text setting forth the land use regulations which
constitute the standards of development designed to govern those sectors
specified in the Development Plan. Said standards shall contain defini-
tions and information concerning requirements for building site coverage,
building heights, building line designations,off-street parking,vehicular
access, signing, lighting,storage,screening and landscaping, and other
information which the Community Development Director shall require
to insure substantial compliance with the intent of this Chapter.
3. A topographic map and conceptual grading plan of the property.
4. A preliminary report and overall plan describing proposed provisions for
storm drainage,sewage disposal,water supply and such other public
improvements and utilities as the Public Works Director may require.
5. A written statement of standards as they relate to the allocation of land
within the Development Plan to all proposed types of land use.
(e)The City Council may approve,disapprove or refer the same back to the
Planning Commission for further processing. Any such plan is subject to the
final approval of the City Council.(Ord.1523 §1 (part),1973:prior Ord.
1240 §1 (part),1968).
20.51.045 AMENDMENTS TO DEVELOPMENT PLAN.All-development
within the P-C District shall substantially comply with the Development Plan and the City's
General Plan as approved and adopted by the City Council.To assure that development
remains consistent with the General Plan and with the various elements,statements,
population densities and standards which constitute said General Plan,the City Council or
the Planning Commission may from time to time review and,if necessary,initiate
amendments to the Development Plan to assure such consistency.
Any proposed amendment to the Development Plan as originally approved and adopted by
the City Council shall be accomplished in the following manner:
(a)The Planning Commission shall hold at least one (1)public hearing before
approving or disapproving an amendment to any part or element of the
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PLANNED COMMUNITY
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Chapter 20.51
(b) Standards of development have been approved on the Development Plan for
the specific sector proposed for development.
(c) The Planning Commission has granted a use permit for any specific
development. (Ord.1523 §1 (part),1973:prior Ord, 1240 §1 (part),1968).
20.51.055 APPLICATION FOR USE PERMIT DEVELOPMENT.
Where a use permit is required pursuant to Section 20.51.020(e)or 20.51.040(b)(3)ofthis
Code, an application shall include the following documents and materials submitted in such
quantities as determined by the Community Development Director:
(a) A map showing the location of the project in relation to the approved
Development Plan.
(b)Topographic map and preliminary grading plan of the property showing the
proposed method of adapting the development to the site.
(c) Legal description or boundary survey of the property.
(d)General location, grades, widths and types of improvements proposed for all
streets, and general plan of water, sewer and drainage systems.
(e)Preliminary concept or design drawings indicating proposed walkways,
driveways and'service areas.
(f)General location and number of residential units,if any, for each proposed
structure.
(g)General location and design of automobile parking areas.
(h) Preliminary landscaping concept plan.
(i)Location ofpublic or quasi-publicbuildings or areas, including,but not limited
to, schools,recreation facilities, parking and service areas, if any.
G)At the discretion of the Community Development Director,preliminary
elevations of structures or a written description indicating architectural theme
or type of development.
(k)Irrevocable offers to dedicate those areas shown on the Plan as public
property.
(I)Method by which the property could be divided for the sale or lease of
individual parcels.
(m)Method by which open space areas are to be perpetually maintained.
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PLANNED COMMUNITY
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Chapter 20.51
(d) Setback Requirement.As a general guideline, the property line setback from
the edge of a bluff should be located no closer to the edge of the bluff than
the point at which the top of the bluff is intersected by a line drawn from the
solid toe of the bluff at an angle of 26.6 degrees to the horizontal.A greater
setback distance shall be required where warranted by geological or
groundwater conditions,but in no case shall a property line be located closer
than 40 feet to the edge of a bluff.
In addition, no part of a proposed development shall be located closer than 20
feet to the bluffside property line. This required building setback may be
increased or decreased by the Planning Commission in the review of a
proposed site plan consistent with the purposes of this Section.
(e) Public Views.The location and design of a proposed project shall take into
account public view potential.
(f)Height of Structures.Height of structures shall be as described in the Planned
Community Development Plan.
(g) Public Access and Dedication Requirements.The location and design of a
proposed project shall maximize public access to the coastal bluff areas as
follows:
(1) Public access to coastal bluff areas shall be assured through the design
of the local street system and through the location of public trails and
walkways adjacent to the bluffs.
The City may require the dedication of right-of-way or the granting of
easements may be improved or not improved at the option of the City
Council.
Area required for right-of-way dedication or for the granting of access
easements is in addition to the area required for park dedication.
(2)Areas adjacent to coastal bluffshavingsignificantview potential shall be
designated for use as viewparks or vista points consistent with parkland
dedication requirements.
(3)Land required to be dedicated for neighborhood parks but which is
intended to remain in an unimproved,natural state should be located
adjacent to the bluffs; any portion of that land required to be dedicated
for neighborhood parks which is intended to provide active recreational
facilities may be located in the interior portions of the proposed
development.
-- - -- - - - -- - - - -- -- - -
BLUFF ABEAS MAP
m
UtI P.C.D1STRICT SITES
SUBJECT TO BLUFF
REGULATIONS
ORDINANCE 17118
.....w.....
Chapter 20.52
Open Space District
Page 132
O-S DISTRICT
Chapter 20.52
Intent and Purpose.
Effect of Chapter.
Establishment of O-S Districts.
Uses Permitted.
Uses Requiring Use Permit.
Parking.
Building Height.
20.52.010
20.52.020
20.52.030
20.52.040
20.52.050
20.52.060
20.52.070
20.52.030 ESTABUSHMENT OF O-S DISTRICTS. This Section
establishestwoclassificationsof Open Space,whichare identified bya parenthetical (A) for
those areas where active recreational uses are permitted, and a parenthetical (P) for those
areas where onlypassive recreational uses are permitted and accessis limited or otherwise
controlled. (Ord.88-23,Aug. 10, 1988)
20.52.010 INTENT AND PURPOSE.The O-S District is intended to
prohibit intensive urban development ofthose areas of the Citywhichare 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 settling basins wherein
development would adversely affect public use and natural environmental benefits; to
regulate commercial activities in recreational areas; and to allow for the temporary
preservation of agricultural and natural areas. (Ord. 1730 §1 (part), 1977;Ord. 1485 §1
(part), 1973);Ord.88-23,Aug. 10, 1988)
20.52.020 EFFECT OF CHAPTER.All sections of this Title shall be
subject to the provisions of this chapter. (Ord. 1730 §1 (part,1977:Ord. 1485 §1 (part),
1973).
Sections:
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20.52.070 BUILDING HEIGHT.The building height limit shall be as
specified in Chapter 20.02.(Ord. 1730 §1 (part),1977:Ord. 1485 §1 (part), 1973).
20.52.060 PARKING. Parking shall be provided in accordance with the
provisions of Title 20 or shall be established by the Planning Commission. (Ord. 1730 §1
(part),1977:Ord. 1485 §1 (part), 1973).
A The following active recreational uses shall be permitted in the O-S(A)District
subject to the approval of a Use Permit in each case. Any such use whichwas in existence
prior to the property being reclassifiedto Open Space maybe continued or altered without
securing a use permit provided that there is no increase in the intensity of use:
B. In the O-S(P) District any construction or grading activityin conjunction with the
development or establishment of any use permitted by Section 20.52.040 that requires the
issuance of a building or grading permit shall be subject to the approval of a Use Permit in
each case. (Ord.88-23,Aug. 10, 1988)
Page 134
O-S DISTRICT
Chapter 20.52
USES REQUIRING USE PERMIT.20.52.050
(1)Residential structures for a watchman or caretaker and his family.
(2) Public or private commercial recreational facilities,includingbut not limited
to golf courses, aquatic parks, tennis clubs and yacht clubs or other similar
uses, where an admission or:use fee or club membership fee is charged or
required.
(3) Night lighting other than normal parking or security lights.
(4)Other similar uses, whichin the opinion of the Planning Commission,would
fulfill the intent ofthis Section. (Ord. 1730 §1 (part),1977;Ord.1485 §1
(part),1973;Ord.88-23,Aug. 10, 1988)
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UDISTRICT
Chapter 20.53
Page 135
UDISTRICT
Chapter 20.53
20.53.010 EFFECT OF CHAPlER.The following regulations shallapply
in all unclassified or U Districts. U Districts shall include all of the incorporated area
within the Citynot preciselyzoned or included in anyzone 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, 1950as amended by Ord. 845;April 14, 1958).
20.53.020 USES PERMITTED.The following uses shall be permitted in
U Districts: All uses not otherwise prohibited bylaw;provided,that a Use Permit shallfirst
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).
20.53.030 BUILDING HEIGHT,BUILDING BULK, AND FLOOR
AREA UMIT·SITE AREA - YARDS. Buildingheight 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 20.02,nor shall floor
area or building bulk exceed the limits specified in Chapter 20.07. (Ord.89-19,Sept.13,
1989;Ord. 1454 §19,September 11,1972:prior 1949Code §9103.02 added by Ord. 635;
December 12,1950).
Effect of Chapter.
Uses Permitted.
Building Height Limit-Site Area-Yards.
20.53.010
20.53.020
20.53.030
Sections:
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GOVERNMENTAL,EDUCATIONAL.AND INSTITIJTIONAL FACILITIES DISTRICT
CHAPTER 20.54
G-E-I-F DISTRICT
Page 136
G-E-I-F DISlRICf
Chapter 20.54
20.54,010 INlENT AND PURPOSE,The intent and purpose of this
Section is to establish a zoning district that provides for the orderly development of public,
quasi-public, and institutional uses, or the expansion of existing facilities, within areas
designated for these uses in the Land Use Element of the General Plan. (Ord,88-27,August
24,1988)
fucilities.
The following usesshallbepermitted
Intent and Purpose.
Permitted Uses.
Use Permit Required
Development Standards.
Churches,Synagogues,and Temples.
Civic Centers and Related Municipal Facilities and Offices.
Community Centers.
Fire Stations and Police Stations.
Hospitals.
Libraries.
Lodges and Community Service Organizations.
Museums.
Post Office Facilities operated by the U. S. Postal Service.
Reservoirs and other water delivery, storage, or supply
Schools, Public or Private,Administration Offices and Facilities.
Social Halls.
Transit Facilities.
Utility Substations, Public and Private.
(Ord.88-27,August 24,1988)
20.54.010
20,54,015
20.54.020
20.54,025
i.
a.
b.
c.
d.
e.
f.
g.
h.
n.
j.
k.
1.
m.
Sections:
20.54.015 PERMIT1ED USES.
in the G-E-I-F District:
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20.62
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PART VI:SPECIFIC AREA PLANS
Specific Plan District
Newport Shores Specific Plan District
Mariners' Mile Specific Plan District
Carinery Village/McFadden Square Specific Plan
District
SPECIFIC PLAN DISTRICT
Chapter 20.60
(b)Regulations of the use of land and buildings,the height and bulk of buildings, and
the open spaces about buildings.
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.
Specific Area Plan Areas - Site Plan Review Required.
Use Permit Required - Specific Plan Areas.
20.60.010
20.60.020
20.60.030
20.60.040
20.60.050
20.60.060
20.60.070
Page 137
SP DISTRICT
Chapter 20.60
Such specific plans may include:
(a) Regulations limiting the location of buildings and other improvements with respect
to existing or planned rights-of-way.
20.60.010 AUTHORITY AND SCOPE.The Planning Commission may,
or if so directed by the City Council shall,prepare specificplans based on the general plan
and drafts of such regulations, programs, and legislation as mayin its judgment be required
for the systematic execution of the general plan and the Planning Commission may recom-
mend such plans and measures to the City Council for adoption according to the provisions
of California Govermnent Code Sections 65450 through 65550 which are incorporated
herein by this reference as if fully set forth.
Sections:
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SPDISTRICf
Chapter 20.60
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 have
potentially adverse effects on the surrounding area, or may interfere with the
20.60.050 ADOPTION OR AMENDMENT OF SPECIFIC PlAN AND
APPLICATION OF 1HE "SP"DISTRICT.Specific Plans shall be adopted and amended
by ordinance pursuant to the provisions of Chapter 20.84 of this Code.(Ord.1500 §1
(part),1973).
(c)Street and highway naming and numbering plans in orderto establish the official
names of streets and highways,to remove conflicts,duplication and uncertainty among such
names,andto provide an orderly system forthe 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 execution ofthe general plan.
(Ord.1500 §1 (part),1973).
20.60.020 EFFECf OF CHAPTER.'The folloWing regulations shall apply
to all property within a District where the District symbol is combined with the "SP"•
Specific Plan Symbol andall property within the "SP ll -Specific Plan District,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)andthe development that
shall be permitted subject to provisions ofthe designated Specific Planandthe regulations
of this chapter.(Ord,1500 §1 (part),1973).
20.60.030 "SP"COMBINING DISTRICf •USES PERMllTED AND
DEVELOPMENT STANDARDS.'The "SP"symbol may be applied asa 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).
20.60.040 "SP"INDMDUAL DISTRICT -USES PERMIlTED AND
DEVELOPMENT STANDARDS.Any use or development of property within an "SP"
District where the "SP"symbol isnot combined with another District shall be in compliance
with the regulations ofthe referenced Specific Plan.(Ord.1500 §1 (part),1973).
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SPECIFIC AREA PlAN AREAS -SITE PlAN REVIEW20.60.060
REQUIRED.
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SPDISTRICf
Chapter 20.60
implementation ofspecificobjectivesofthe General Plan or Specific Area Plans. The effect
of this Sectionis to require Site Plan Reviewbythe Planning Commissionfor anyproposed
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. FINDINGS. The CityCouncilfinds,determines and declares that the establishment
of Site Plan Review procedures contained in this Section promote the health,safety, and
general welfare of the communityby ensuring that:
(1)Development of properties in Specific Area Plan areas will not preclude
implementation ofspecific General Plan or Specific Area Plan objectivesand
policies.
(2) The value ofproperty is protected bypreventing developmentin Specific Area
Plan Areas which is characterized by inadequate and poorly planned
landscaping,excessive building bulk,inappropriate placement of structures
and failure to preservewherefeasible natural landscape features,open spaces,
and the like, resulting in the impairment of the benefits of occupancyand use
of existing properties in such area.
(3) The benefits derived from expenditures of public funds for improvement,
acquisition and beautification of streets, parks, and other public facilities are
maximized by the exercise of reasonable controls over the layout and site
location characteristics of private buildings, structures and open spaces.
(4) Unique site characteristics are protected in order to ensure that the
community may benefit from the natural terrain,harbor and ocean, to
preserve and stabilize the natural terrain, and to protect the environmental
resources of the City.
C.APPUCATION.Site Plan Review approval shall be obtained prior to the issuance
of a Grading Permit or a Building Permit for any new structure, including fences, to be
constructed, or existingbuildingtobe reconstructed or remodeled to increase the grossfloor
area by 50% or 2,500 square feet whichever is less, or increase the roofline or height,
withinthe an area designated on the land useplan of the General Plan for the development
of a Specific Area Plan, for which a Specific Area Plan has not been adopted. Exception:
Site Plan Review shall not be required for construction or alteration of single-family
dwellings or duplexesin anyresidential zone where such development is consistentwiththe
land use designation of the General Plan.
D. PLANS AND DIAGRAMS TO BE SUBMI'I'lBD.Plans and diagrams shall be
submitted in accordance with Section 20.01.070D.
G.ACTION.Action by the Planning Commission and the City Council shall be in
accordance with the provisions of Sections 20.01.070 H,I, and J.
H.EXPIRATION AND REVOCATION OF SITE PLAN REVIEW AFPROVALS.
Expiration or revocation of Site Plan Review Approvals shall bein accordance with Section
20.01.070 K.(Ord.89-24,Oct.11,1989;Ord,1769 §1,1978;Ord.1686,§1,1976)
B.USE PERMIT REQUIRED.AUse Permit shall be obtained priortothe issuance
ofa Building Permit for any new office building exceeding 5,000 square feet gross floor area
within anarea designated onthe land use planofthe General Planforthe development of
a Specific Area Plan,for which a Specific AreaPlan has notbeen adopted.
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 AreaPlan has not been adopted may conflict with the existing or contemplated
character,appearance,useor design ofsaid 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 thatthe project conforms to the objectives ofthe General Plan.
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USE PERMIT REQUIRED.SPECIFIC PLAN AREAS.20.60.070
C.CRITERIA FOR USE PERMIT.In addition to the provision of Chapter 20.80 of
this Code,in granting a Use Permit under this Section,the Planning Commission,or City
Council,ifthe matteristo be determined bythe City Council shall find that:
(1)The proposed office building isin keeping with the desired character ofthe
specific planareaas 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 ofthe Specific AreaPlan
objectives stated in the Land Use Element ofthe General Plan.(Ord.Ord.
89·24,Oct.11,1989;Ord,1640 §2,1975)
Page 138·2
SP DIs1'RIcr
Chapter 20.60
E.FEE.The applicant shall pay afeeas established byResolution ofthe City Council
to the City with each application for Site Plan Review under this chapter.
F.STANDARDS.In addition to the general purposes set forth in Sub-section B,in
orderto carry outthe purposes of this chapter,thesiteplan review procedures established
bythis Section shall be applied according toandin compliance with the standards contained
within Section 20.01.070F.
20.61.010 ESTABLISHMENT OF SPECIFIC PLAN (NEWPORT
SHORES).The followingdescribed real property in the City of Newport Beach, County of
Orange,State of California, to wit:
Page 139
SPECIFIC PLAN
(NEWPORT SHORES)
Chapter 20.61
Chapter 20.61
Establishment of Specific Plan (Newport Shores).
Intent and Purpose.
Private Land Development.
Public Rights-of-Way.
Residential Development.
Commercial Development.
SPECIFIC PLAN (NEWPORT SHORES)
Vacated Olive Street north of West Coast Highway;
Lots 1 and 2, Block D; Lots 1 through 6,Block E; Lots 1 through 5, Block F;Lot 1,
Block G;El Moro Tract,recorded in Miscellaneous Maps,Book 8,Page 75;
Lots 1 through 5, Block 10;Tract No. 772,recorded in Miscellaneous Maps,Book
23, Pages 5 and 6;
Lots 4, 5, 6, and 7, Block 159;Lots 4 through 17,Block 160;River Section,recorded
in Miscellaneous Maps,Book 4, Page 25;
20.61.010
20.61.020
20.61.030
20.61.040
20.61.050
20.61.060
Sections:
Lots 3 through 14, Block 1; Lots 3 through 14, Block 2;
Lots 3 through 24, Block 3; Lots 3 through 14, Block 4;
Lots 3 through 14, Block 5; Lots 3 through 14, Block 6;
Lots 3 through 14, Block 7; Lots 3 through 14, Block 8;
Lots 3 through 14, Block 9; Lots 3 through 14, Block 10;
Lots 3 through 12, Block 11; Lots 3 through 6, Block 12;
Lots 3 and 4, Block 13;Lot 3, Block 14;Seashore Colony Tract Addition,rea:cd::d
in Miscellaneous Maps,Book 7, Page 25;
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Page 140
SPECIFIC PLAN
(NEWPORT SHORES)
Chapter 20.61
Vacated Sonora Streetnorthof West Coast Highway;
Vacated alley between Olive and Sonora Streets (vacated)north of West Coast
Highway;
Vacated alley between Highland Street and Grant Street,north of West Coast
Highway;
Vacated alley between Highland Streetand Nordina Street (vacated);
Vacated Nordina Streetnorthof West Coast Highway;
Vacated alley between Prospect Street and 62nd Street,north of West Coast
Highway and south of Newport Shores Drive;
That area south of Superior Court Case No.22797 located in Record of Survey,
Book 27,Page 45,between Summit Street (vacated)and Highland Street(east side)
extended,andas shown on Districting Map No.1 referred 10 in Section 20.01.050 of
the Newport Beach Municipal Code,andby such reference madea part ofTitle20
ofsaid Code,is hereby rezoned from the C-l-H andR-2 Districts to SP 4-Specific
Plan District,and said Districting Map No.1is hereby amended to show this zoning
change.(Ord.1497 §1 (part),1973).
20.61.020 INTENT AND PURPOSE.The intent and purpose of this
Ordinance is to establish a Specific Area Plan to guide the orderly development and
improvement of that area of the City which is located on the north side of West Coast
Highway andis generally bounded by theSantaAna River,Seminiuk Slough and Newport
Shores Drive.(Ord.1497 §1 (part),1973).
20.61.030 PRIVATE LAND DEVELOPMENT.The following two
general Land Use Designations ate established:
1.Residential Development
2.Commercial Development
The designations,locations,and boundaries of these uses are delineated upon the plan
entitled,"Newport Shores Specific AreaPlan-City of Newport Beach Specific Plan No.4,"
which planandall information and notations thereonare hereby madeapartof this section
by reference.
Whenever a building or structure is erected,reconstructed or structurally altered in the
subject area,all applicable sections ofthe Municipal Code shall prevail except where there
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Page 141
SPECIFIC PLAN
(NEWPORT SHORES)
Chapter 20.61
there is a conflict with this Ordinance, in which case the provisions of this SpecificArea
Plan shall take precedence.
Further,no building permit shall be issued for any construction unless the property owner
agrees to the dedication and improvement of the existing and proposed rights-of-way
adjacent to or withinthe property, as indicated on the Specific Area Plan and in accordance
with the standards of the Cityof Newport Beach. (Ord. 1497 §1 (part), 1973).
20.61.040 PUBLICRIGHTS-OF-WAY.As indicated onthe SpecificArea
Plan map, it is intended that direct accessto alllocalstreets except Orange, Fern, Highland,
Prospect, 61st,and 60th be removed and that a one-way street systembe created on Colton,
Grant, Lugonia, Walnut, and Cedar with connecting "frontage streets" between. These
"frontagestreets" shallbe approximately12feet widewith a planting area adjacent to Coast
Highway.
All existing streets shall maintain their current right-of-way widths.
A new interior street shall be provided with any redevelopment of the property west of
Grant Street. This street shall have a minimum right-of-way width of 40 feet and shall be
generally located as shown on the Specific Area Plan map.
It is intended that 62nd Street and the alleybetween 62ndStreet and 61st Street be vacated
from Newport Shores Drive South to the Coast Highway,provided that agreement on the
use ofthis right-of-way canbe reached withthe adjacent property owners. Signalizationand
signingshallbe provided asindicated on the Specific Area Plan map. (Ord. 1497 §1 (part).
1973).
20.61.050 RESIDENTIAL DEVELOPMENT.It is the intent of this
section to implement the recommendations of the Residential Growth Element of the
General Plan which states that "a portion of the commercial strip on the West Coast
Highway shall be rezoned to a two-family district that would include appropriate
development standards.
A.USES PERMITTED.Single family dwellings and duplexes. Accessory uses
normally incidental to singleresidential uses. This is not to be construed as permitting any
commercial uses.
B. USES REQUIRING USE PERMIT.The following uses shall require a use permit:
community centers, clubs, multiple dwellings,apartment dwellings,and dwelling groups
containing three or more dwelling units. The Planning Commission before approving a use
permit for any development containing three or more dwellingunits shall find:
Page 142
SPECIFIC PLAN
(NEWPORT SHORES)
Chapter 20.61
1.Thatthe development will notbe detrimental to oroutof character with the
surrounding development.
2. Thatthe development does not exceed the density,height,and floor area limits
established in this section.
3. Thatin addition to the basic outdoor living space requirement often percent
ofthe buildable area,there will be additional outdoor living space.
C.DENSITY LIMITATION.For each dwelling unitup toa maximum of two units,
there shall be a minimum of twelve hundred (1200)square feet oflot area.
For each dwelling unitin excess of two units,there shall be a minimum of fifteen hundred
(1500)square feet provided thata use permit is first secured for any development in excess
of two units.
D.BUILDING HEIGHT AND FLOOR AREA LIMIT.
1.BUILDING HEIGHT.For dwellings,the height limit shall be as specified in
Section 20.02.030(A)of the Municipal Code.For accessory buildings the
height limit shall be fifteen (15)feet.
2.FLOOR AREA LIMIT.Thetotal gross floor area,including basements,
garages,and carports contained in all buildings on a building site shall not
exceed twice the buildable area.
E.OUTDOOR LIVING AREA.In addition to the required yards and separations
between detached buildings,there shall be provided an outdoor living areaofat leastten
percent ofthe buildable area equally distributed between each dwelling unit.Said area may
be combined provided the combined areais accessible and available for the use of each
dwelling.Said area shall have a minimum dimension of six (6)feetand may bein the form
ofopen land area,a deck,a balcony,a porch or patio.Said area may be roofed but shall
remain unenclosed onat leastone side.In no event shall saidareabe placed ontheroof
ofthe second story.
F.YARDS.
1.FRONT YARDS.Front yards shall be a minimum of five (5)feet.
2.SIDE YARDS.Each side yard shall notbe less thanthree (3)feet wide on
building sites forty (40)feet wide or less,or four (4)feeton sites wider than
forty (40)feet;provided,thatthe side yard ontherear twenty (20)feetofthe
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Page 143
SPECIFIC PLAN
(NEWPORT SHORES)
Chapter 20.61
ofthe street side of a corner lot,where there isreversed frontage, shall not be
lessthan the front yard required or existingon the adjacent reversed frontage.
3.REAR YARDS.Rear yards shall be a minimum of five (5) feet.
4. BETWEEN DETACHED BUILDINGS. Minimum ten (10) feet.
5. SETBACKFROM COAST HIGHWAY. Structures designed for residential
occupancyshall be located a minimum of eighteen (18)feet from the Coast
Highway right-of-way.
G.AUTOMOBILE STORAGE OR PARKING SPACE.For each dwellingunit there
shall be a minimum oftwocoveredparking spaces. On lots less than fifty (50)feet inwidth
tandem parking shall be permitted provided that the forward space is an enclosed garage,
and the rear space is unenclosed on at least three (3) sides. (Ord. 1497 §1 (part),1973).
20.61.060 COMMERCIALDEVEL0PMENT.It isthe intent ofthissection
to provide for a service commercial area that willprovide convenience goods and services
to nearby residences.
A.USES PERMITfED.Retail stores, specialtyfood uses in accordance with Chapter
20.72,and personal service establishments within a building, including appliance stores,
bakeries (except wholesale), banks,barber shops, beauty parlors, book stores, drug stores,
food shops,hardware stores, medical-dental offices,radio stores, antique shops,shoe shops,
studios, tailor shops, copy service, handicraft establishments, and other uses which in the
opinion of the Planning Commissionare of a similar nature.
B. USES REQUIRING USE PERMIT. Gasoline service stations, hotels, motels,
restaurants, outdoor restaurants, drive-in and take-out restaurants, drive-in facilities,pet
shops, animal hospitals, laundries, launderettes, nail salons, wedding chapels,health
clubs/aerobics studio,music/art schools,private instructional facilities,arcades, commercial
recreational facilities,day care, service/social clubs, churches, museums, marine related
museums,boat sales and laundromat.
C.BUILDING HEIGHT,BUILDING BULK,AND FLOOR AREA LIMIT. The total
gross floor area and building bulk contained in all buildings on a buildable site in
commercial areas shall be as specifiedin Chapter 20.07,provided that in no event shallany
building exceed the height limit specified in Section 20.02.030(C)of the Municipal Code.
D. SITE AREA The BuildingSite Area required shall be a minimum of 2,000square
feet. Minimum building site frontage required shall be twenty-five (25) feet.
Page 144
SPECIFIC PLAN
(NEwPORT SHORES)
Chapter 20.61
E.YARDS.
1.FRONT YARD.No front yard shall be required except where the frontage
in a block is partially in a Residential Development Area,in which case the
front yard shall be the same as required in such Residential Development
Area.
2.SIDE YARDS.No side yards shall be required except where the side ofalot
abuts uponthe side ofalotina Residential Development Area,in which case
the side yard shall be not less than five (5)feet.
3. REAR YARDS.Norear yards shall be required,except where therear ofa
lot abuts ona Residential Development Area,in which case therear yard shall
be not less than five (5)feet.
Rear yards abutting alleys shall have a minimum width often (10)feet.
F.AUTOMOBILE STORAGE OR PARKING SPACE.Accessible storage or space
for the parking of automobiles offthe street shall be provided as set forth in Chapter
20.30.035 ofthe Municipal Code.In addition ten percent ofthe paved parking area shall
be devoted to planting areas.Extensive useoftreesis encouraged.All planting areas shall
be provided with a permanent underground automatic sprinkler irrigation system and shall
be separated from the adjoining vehicular way by a curb not less than six (6)inches in
height.(Ord.91-25,July 25,1991;Ord,90·31,August 8,1990;Ord.89-35,Dec.27,1989;
Ord.89-19,Sept.13,1989;Ord.1717 §1,1977;Ord,1497 §1 (part)1973;Ord.85-17,
October 23,1985).
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Chapter 20.62
SPECIFIC PLAN DISTRICT (MARINERS' MILE)
20.62.010 ESTABLISHMENT OF SPECIFIC PLAN DISTRICT -
MARINERS' MILE. The provisions of this Chapter shall apply to all parcels within the
following described real property in the Cityof Newport Beach, County of Orange, State of
California, to wit:
Page 145
SPECIFIC PLAN
(MARINERS'MII.B)
Chapter 20.62
Establishment of SpecificPlan.
Intent and Purpose.
General Controls.
Recreational and Marine Commercial.
Retail and Service Commercial.
Site Plan Review.
Definitions.
20.62.010
20.62.020
20.62.030
20.62.040
20.62.050
20.62.060
20.62.070
Sections:
Beginning at the intersection .of the centerlines of Coast Highway and North Newport
Boulevard; thence northerly along the centerline of Newport Boulevard to centerline of
Santa Ana Avenue; thence northeasterly along the centerline of Santa Ana Avenue to the
centerline of Avon Street; thence easterly along the centerline of Avon Street to the
southerly prolongation of the westerly line of the parcels created from Lot D Tract 919by
record ofsurveyrecorded in Book24,Page 6ofrecord of surveys;thence northerly, easterly,
northeasterly and southeasterly along said prolongation and the boundaries of said parcels
to the northwesterly prolongation of the northeasterly line of Lot 40 Tract 1133; thence
southeasterly along the prolongation and the northeasterly line of Lot 40 Tract 1133;thence
southwesterly along the southeasterly boundary of Lots 40 and 41 to the most westerly
corner of Lot 48 Tract 1133;thence southeasterly along the southwesterly line of Lot 48
Tract 1133 and its easterly prolongation to the centerline of Ocean View Avenue; thence
southerly along the centerline of Ocean View Avenue to the westerly prolongation of the
northeasterly line of Lot 20 Tract 1133;thence easterly along said northeasterly line of Lot
20 to the northwesterly line of Parcel A,record of survey recorded in Book 10 Page 27 of
record of survey;thence northeasterly along said westerly line to the most westerly corner
of that certain parcel of land as described in the deed recorded in Book 11293 Page 786 of
official records; thence easterly along the southwesterly.line of said parcel to the most
southerly corner of said parcel; thence northeasterly to a line parallel with and 190feet,
measured at right angles from the center line of CliffDrive; thence southeasterly along said
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Page 146
SPECIFIC PLAN
(MARINERS'MILE)
Chapter 20.62
parallel line and its easterly prolongation to the northwesterly boundary lineofTract No.
1221;thence southwesterly along said boundary and its prolongation toan intersection with
the U.S.pierhead line;thence westerly along said plerhead to U.S.Bulkhead Station 128A;
thence westerly to U.S.Bulkhead Station 128;thence westerly to U.S.Bulkhead Station 227;
thence northerly to thepointof beginning,as shown on Districting Map No.4 referred to
in Section 20.06.030 of the Newport Beach Municipal Code,andby such reference made a
part of Title 20of said Code,is hereby rezoned from the C-2,C-O-Z,C-l-H,C-2-H,and
R·l Districts to SP 5 -Specific Plan District,and said Districting Map No.4 is hereby
amended to show this zoning change.(Ord.1718 §1 (part),1977).
20;62.020 INTENT AND PURPOSE.The intentof this ordinance isto
establish a Specific Plan District to guide the orderly development and improvement ofthat
areaofthe City of Newport Beach which is located eastof Newport Boulevard,west ofthe
county owned property used as a Sea Scout Base,north of Lower Newport Bay,and
generally south ofthebaseofthe bluffs northerly of Coast Highway.It is the purpose of
this ordinance to implement the goals and policies ofthe Newport Beach General Plan and
the Local Coastal Program,Land Use Plan and establish consistency between these
documents and the zoning ordinance inthe Mariners'Mile area.Specifically,these planning
documents contain provisions which indicate the desire onthepartofthe City to encourage
marine service businesses,visitor-serving facilities,local service retail,encourage a
pedestrian orientation of the area,provide public physical and visual access to the bay,
preserve and enhance the character of scenic highways and drives and city view parks inthe
area,and provide safe and convenient vehicular circulation and access to businesses.
The development standards contained in this Specific AreaPlanare intended to implement
these objectives by providing a system whereby certain land Uses are encouraged through
an incentive system,and competing objectives canbe balanced based uponthe overall goals
ofthe community.Therefore,specific land use,intensity and design criteria are set forth
inthe review framework ofthesiteplan review,use permit and variance processes,where
the Planning Commission will exercise its discretion ona project-by-project basis to result
in development which provides for the overall community needs asset forth herein.
The permitted land uses and accompanying design guidelines and development standards
provide forthe orderly and equitable development of property within the Mariners'Mile
area.Areas on the bayward side of Coast Highway are designated "Recreational and
Marine Commercial."It is the intent of this designation to encourage a continuation of
marine-oriented and visitor-serving uses,maintain the marine theme and character ofthe
area,and encourage public physical and visual access tothe bay •.The marine-oriented and
coastal-dependent uses onthe bayfront are encouraged byestablishing a system ofincentives
to property owners to maintain these uses.Thearea inland of Coast Highway is designated
for "Retail and Service Commercial"use.This area is intended to serve as an active
pedestrian-oriented retail area with a wide range of vlsltor-serving,neighborhood
commercial and marine-related uses permitted.(Ord,90-3,March 28 1 1990;Ord,1718 §
1 (part),1977).
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1.Recreational and Marine Commercial,RMC District.
2. Retail and ServiceCommercial,RSC District.
A.LANDUSE DESIGNATIONS. The following land use designationsare established:
B.APPLICABILITY.The provision of this section shall apply to all property in the
Mariners' Mile Specific Plan District.
Page 147
SPECIFIC PLAN
(MARINERS'MIlE)
Chapter 20.62
GENERAL CONTROLS.20.62.030
1. CONSTRUCTIONOF BUILDINGS REGULATED.No building, structure
or sign 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 Plan and all other ordinances,
laws,and maps referred to therein. Where other sections of the Municipal
Code conflictwith any provision of this Plan, the provisions of this Specific
Plan shall take precedence.
2. PARKING SPACES.Off-streetparkingspacesshallbe provided as set forth
in Chapter 20.30.035 of the Municipal Code.
3. LANDSCAPING. A minimum of ten percent (10%) of the paved parking
area and a minimum of fifty percent (50%) of the area of the required
setback from Coast Highway,shall be devoted to planting areas. Extensive
use of trees is encouraged. All required planting areas shallhave a minimum
width of three feet, and shall be provided with a permanently installed
irrigation system.
4. SITE PLAN REVIEW. Site Plan Reviewshallbe required for development
as set forth in Section 20.62.060 of this Chapter shall be required.
5.FLOOR AREA LIMIT ANt>BUILDING BULK LIMIT. Except as
otherwise provided'in this subsection,the grossfloor area and buildingbulk
limitsspecifiedin Chapter 20.07shall applyto all structures.For purposes of
this Chapter, the required setback specified in Section 20.62.050(C)shall be
includedinthe calculationofbuildable area forpurposes ofdetermininggross
floor area and building bulk limits. The setback shall be included in gross
floor area and building bulk calculations even if some or all of the setback,
The designations,locations, and boundaries of these uses are delineated upon the map
entitled "Mariners' Mile -Specific Plan District, City of Newport Beach,"whichplan map
and all information and notations thereon are hereby made a part of this section by
reference.
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SPECIFIC PLAN
(MARINERS'MlIE)
Chapter 20.62
or any interest therein,hasbeen dedicated to the City.Variances to exceed
the base floor area ratio limits of Chapter 20.07 may be approved pursuant
to Section 20.82.020(D).
6.SITE AREA.The Building SiteArea required shall be a minimum of 10,000
square feet.Minimum building site frontage required shall be fifty feet.
7.INCREASE AND IN1ENSIFICATION OF NONCONFORMING
RESIDENTIAL STRUCfURES AND USES.Notwithstandingtheprovisions
of Chapter 20.83 of this Title,minor additions toa nonconforming residential
structure or use may be allowed,provided that such addition will not impact
upon any public view through or over the site,and provided further that such
addition will not extend beyond any existing balcony nor resultin a greater
number of dwelling units within the project.
(Ord,93-24,December 22,1993;Ord.92-1,February 26,1992;Ord.90-16,
May 23,1990;Ord,90-3,March 28,1990;Ord.1718 §1 (part),1977).
20.62.040 RECREATIONAL AND MARINE COMMERCIAL - RMC
DISTRICT (Bayward side of Coast Highway).It istheintentof this designation to establish
a priority system to guide development on building sites on the bay by encouraging a
continuation of marine oriented and visitor-serving uses,maintaining the marine theme and
character of the area,and encourage public physical lind visual access to the bay.
A.PERMITIED USES.
1.Incentive Uses:Highest priority uses such as marinas,yacht brokers,boat
charters and rentals,marine construction,boat sales,boatrepairand servicing,
sports fishing establishments,dry-boat storage.boat launching,conunercial
fishing facilities,andretail marine sales,that when they occupy at least forty
percent (40%)ofa site,as defined herein,may be combined with uses under
B.3.
2.Non-incentive Permitted Uses:Marine related offices where services are
offered to the general public,such as marine surveyors and marine insurance
brokers;specialty food uses in accordance with Chapter 20.72;andretail uses.
3.Signs in accordance with Chapter 20.06.
B.USES WHICH REQUIREA USE PERMIT.
1.Incentive Uses:Highest priority uses such as marine related manufacturing,
new boat construction,yacht clubs,marine service stations and gas docks.
marine related private instructional facilities.and marine related museums
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SPECIFIC PLAN
(MARINERS'MII.E)
Chapter 20.62
that when they occupy at least 40% of a site, as defined herein, may be
combined with uses under B.3~
2. Non-incentive uses such as social clubs, service clubs, wedding chapels,
commercial recreation, hotels, motels, and 'bed and breakfasts', restaurants
(outdoor, drive-in and take-out), and bakeries.
3. Uses which must be in conjunctionwith an Incentive Use occupying at least
40% of the site such as personal service commercial uses, professional and
business offices,financial institutions, light manufacturing (unless for marine
products), health clubs/aerobics studios, art studio, dance studios,interior
decorating studios,music/art schools, photographic studios, private
instructional facilities (unless marine related),arcades, commercial
recreational facilities,barbers, beauty parlors, nail salons, cleaners and
laundries,pet shops, copyservice and handicraft establishments.
C. SITE AREA For purposes of determining compliance with this Section
(developments with uses listed in B.3 above),"site"shall be defined as the total land area
within the established property line of a parcel, including any portion under water. Forty
percent (40%) of this total area shall be devoted to an incentive use as defined herein. For
any permitted use baywardofthe bulkhead, suchas boat slipsor marine gas docks,anyland
used for required parking for suchuse shall be included in the calculation of incentiveuses
to determine compliance with this Section.
Any land area devoted to coastal related or coastal dependent uses such as marine ways,
boat yard work areas and boat displayareas in conjunctionwith a yacht sales businessshall
be included in the calculation of incentive uses to determine compliancewith this Section.
Any land area devoted to support a use in the water as described above shall also be
included in the calculation to determine the total amount of development permitted on the
site as set forth in Section 20.62.030 B,S.
D. MIXED-USE DEVELOPMENTS. Where a mixed-usedevelopment (includinguses
listed in B.3 above) is proposed with any combination of uses permitted in Sections A.and
B. above, the area devoted to non-incentiveuses shall be subtracted from the total area of
the development. Forty percent (40%) of the balance of the total development shall be
devoted to an incentive use as defined herein.
E.HEIGHT LIMIT. The height limit for all buildings and other structures on a
building site within the RMC District shall be 26 feet. However, this height limit may be
exceeded, up to a maximum of 35 feet with a use permit, providing that the Planning
Commission,in granting such a use permit, finds that all of the following criteria are met:
Page 150
SPECIFIC PIAN
(MARINERS'MIlE)
Chapter 20.62
1.The development will provide forboth public physical and visual access tothe
bay within the limits that public safety is insured and private property
protected.
2.The increased building height would result in increased public visual open
space and views than would result from compliance with the basic height limit.
Particular attention shall be given to the location and orientation of the
structure onthelot,the percentage of ground coverage,andthe treatment of
all setback andopen areas.
3.The increased building height would result in a more desirable architectural
treatment ofthe building anda stronger andmore appealing visual character
ofthe area within the general theme ofa marine environment.
4.The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces.Particular attention shall be given to the totalbulkofthe
structure Including both horizontal and vertical dimensions •.
S.The increase in height shall in no case result in a floor area exceeding the
floor area permitted by Section 20.62.030.
F.SETBACK REQUIREMENTS.
1.Noside yard building setback shall be required,except as may be required by
the Planning Commission,orthe City Council on appeal or review;in granting
a use permit or siteplan review approval.
2. A ten (10)foot minimum setback shall be required from the bulkhead line.
This setback shall provide for the minimum public access required herein
along the bulkhead.Additional building setbacks may be required bythe
Planning Commission,orthe City Council on appeal or review,in granting a
usepermitor siteplan review approval.
3.A minimum of SO percent of any lot frontage abutting Coast Highway shall
provide a building setback of not less than 10 feet from Coast Highway
right-of-way while the remaining SO percent ofthe lot frontage shall provide
a setback not less than 5 feet from the right-of-way line of Coast Highway.
Within this required setback area,no structure or other intrusions shall be
permitted,except for landscaping,decks,paving,architectural features or
signs.
G.PUBLIC ACCESS TO BAY FRONT.In approving a SitePlan Review or granting
a Use Permit for development ona building site with frontage along the bay,the Planning
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Page 151
SPECIFIC PLAN
(MARINERS'MITE)
Chapter 20.62
Commissionor CityCouncil,upon reviewor appeal, shall require the dedication of vertical
(between Coast Highwayand the Bay)and lateral (alongthe Bay)public accesseasements,
except where adequate public access already existsor where the provision of access is
inconsistent with public safety or the protection of fragile coastal resources. The following
standards shall be applied to all lateral and vertical public access easements:
1. Public access easements shall be a minimum of ten (10) feet in width.
2. Public access easements may be provided within required setback areas and
view corridors.
3. All dedicated public access easements shall be recorded with the Orange
County Recorders Office in a manner satisfactory to the Public Works
Department.
H. BULKHEAD. All bulkheads shall be constructed to an elevation of nine feet above
mean lowwater level (6.27 feet above mean sea level).
I.FLOOR ELEVATION.Finished floor elevation for all new structures or addition
to an existing structure(s)other than floor area used for parking, shall be nine feet above
mean lowwater level (6.27feet above mean sea level). (Ord.91-25,July 25,1991;Ord. 90-
31, August 8, 1990;Ord.90-3,March 28,1990).
20.62.050 RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT
(Inland side of Coast Highway).It is the intent of this designation to encourage the
continuation of "marine-oriented"uses and the "marine"theme or character of the area; to
encourage mutually supportive businesses, a continuity of shopping and pedestrian
orientation, and to prohibit uses whichwould interrupt this continuity;and to minimizethe
number of curb cuts on Coast Highway.I
A.USES PERMITTED:
1.Retail sales, specialty food uses in accordance with Chapter 20.72,yacht
brokers,boat sales, marine supplysales,boat repair and servicing,officesfor
personal and professional serviceswhichare offered to the general public,art
studios,interior decorating studio,photographic studios, barbers, beauty
parlors, copyservice, handicraft establishments, and other uses which,in the
opinion of the Planning Commission,are of a similar nature.The decision of
the Planning Commission may be appealed to the City Council.
2.Signs in accordance with Chapter 20.06.
B.USES REQUIRING USE PERMIT.The following uses shallbe permitted upon the
granting of a use permit by the Planning Commission:
Page 152
SPECIFIC PlAN
(MARINERS'MILE)
Chapter 20;62
1.Manufacturing of marine products,boat construction,animal hospitals,auto
sales and repair shops,gasoline service stations,cleaning establishments,
laundries,launderettes,outdoor markets,restaurants,outdoor restaurants,
drive-in and take-out restaurants,drive-in facilities,outdoor sales
establishments,pet shops,public garages,theaters,commercial recreation,
hotels and motels,used car sales lots,nall salons,wedding chapels,health
club/aerobics studio,dance studios,music/art schools,private instructional
facilities,arcades,day care facilities,social/service clubs,churches,museums,
marine related museums,federal post offices and other uses which,in the
opinion ofthe Planning Commission are ofa sitnilar nature.
2.Office uses that do not provide direct services tothe public and which arenot
ancillary to another permitted use.However,this type of office use shall not
be permitted to occupy any first floor space in any structure.
C.SETBACK REQUIREMENTS.
1. A 12 foot wide setback along the northerly side of Coast Highway shall be
maintained for potential future highway widening toan ultimate width of 112
feet.
2. A minimum of fifty percent (50%)of any lot frontage abutting Coast Highway
shall provide a building setback ofnot less than 10 feet from the above 12
foot setback line while the remaining flfty percent (50%)ofthelot frontage
shall provide a setback not less than 5 feet from the above 12 foot setback.
Within this setback area,no structure or other intrusions shall be permitted
except for landscaping,decks,paving,architectural features and signs.
3.In any case where a lot abuts upon the side or rear yard of a lot in a
residential district,a minimum setback of5 feet shall be provided from said
residential district.Within this setback area,no structure or other intrusions
shall be permitted except for landscaping,decks,paving,architectural features
and signs.
D.HEIGHT LIMIT.The maximum height limit forall buildings andother structures
ona building site shall be26 feet.However,this height limit may be exceeded,up to a
maximum of35 feet,with ause permit providing thatthe Planning Commission,in granting
such use permit,finds thatallthe following criteria are met:
1.The increased building height would result in more public visual open space
and views than would result from compliance with the basic height limit.
Particular attention shall be given to the location and orientation of the
structure onthe lot,the percentage of ground coverage,andonthe treatment
ofall setback and open areas.
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Page 153
SPECIFIC PLAN
(MARINERS'MILE)
Chapter 20.62
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, within a general theme of the marine environment.
3.The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces.Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
4.The increased height shall in no case result in a floor area exceeding the floor
area permitted by Section 20.62.030.
E.'DEDICATION.No dedication ofright-of-wayalong the north side ofCoast Highway
shall be required pursuant to Chapter 13.05,or as a condition to any parcel map or use
permit, for any project that strictly complies with the setback requirements in subsection
20.62.050(C) unless all of the following conditions have been satisfied:
1.The proposed project contributes to the need to widen Pacific Coast Highway
to Master Plan standards;and
2.The project would generate more than 300 average daily trips; and
3.The proposed project exceeds25,000 square feet of additional grossfloor area
(assumes a base FAR use - minimum and maximum FAR uses shall be
adjusted accordingly). No additional dedication shall be required for any
parcel which, as of the effective date of this Ordinance,has dedicated all or
a portion of the setback, or any interest therein, to the Cityfor road widening
purposes.
Nothing in this subsection shall affect the duty of a property owner to dedicate land and/or
construct circulation system improvements pursuant to the provisions of the Traffic Phasing
Ordinance (Chapter 15.40of the Newport Beach Municipal Code),or to pay fees required
by the Fair Share Traffic Contribution Ordinance (Chapter 15.38of the Municipal Code).
(Ord,93-24,December 22,1993; Ord. 91-25,July 25,1991;Ord. 90-31,August 8,1990;Ord,
90-3,March 28, 1990;Ord. 1718 §1 (part),1977: Ord. 1753 §26, 1977).
20.62.060 SITE PLAN REVIEW.A.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 and Specific Area Plan objectives
and policies.
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SPECIFIC PLAN
(MARINERS'MIlE)
Chapter 20.62
2. Toprotectand preserve the value of properties andto encourage high quality
development thereofin Mariners'Mile where adverse effects could result
from inadequate and poorly planned landscaping and from failure to preserve
where feasible natural landscape features,open spaces,andthe like,and will
result in the impairment of the benefits of occupancy and use of existing
properties in such area.
3. To ensure thatthe public benefits derived from expenditures of public funds
for improvement and beautification of streets and public facilities within
Specific Area Plan area shall be protected by the exercise of reasonable
controls over the layout andsite location characteristics of private buildings,
structures andopen spaces.
4. To promote the maintenance of superior site location characteristics adjoining
Coast Highway,a thoroughfare 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 said thoroughfare,and to
preserve and protect the property values in said areas.
B.APPLICATION.SitePlan Review approval shall be obtained priorto the issuance
ofa building permit in accordance with the provisions of Section 20.01.070,except that this
approval shall ouly be required for any new building tobe constructed,or existing building
tobe reconstructed or remodeled to increase the gross floor areaby fifty percent (50%)or
2,500 square feet whichever is less.(Ord,90-3,March 28,1990).
20.62.070 DEFINmONS. Forthe purpose of this chapter,certain terms
used herein shall have meanings assigned to them by this subsection.All definitions
described in Section 20.87 of the Municipal Code shall prevail except where there is a
conflict with this Specific Plan District shall take precedence.
A.COMMERCIAL RECREATION.A commercial use designed primarily for
activities,in or out of doors,which are generally associated with leisure time activities,
examples include:tennis courts,racquetball,swimming clubs,andother uses ofa similar
nature.
B.PERSONAL/PROFESSIONAL SERVICES.An office or store,providing services
directly to the general public,including,but not limited to,architects,attorneys,brokers,
barbers,photographers and artists.
C.GRADE.Forthe purpose of measuring height,the grade shall be natural grade,or
ninefeet above meanlow water level (6.27 feet above meansea level),whichever is higher.
(Ord.90-3;March 28,1990).
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-"'- ----=-----
.,.
-
SPECIFIC
q~fg~.Y OF
ARE"A PLAN
NE\NP~RT BEACH
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Chapter 20.63
SPECIFIC PLAN DISTRICT (CANNERY VILLAGE/MCFADDEN SQUARE)
Page 156
SPECIFIC PLAN
(CANNERY VILLAGE/
MCFADDEN SQUARE)
Chapter 20.63
20.63.010 ESTABLISHMENT OF SPECIFIC PLAN DISTRICT-
CANNERY VILLAGE/MCFADDEN SQUARE.The provisions ofthis Specific Area Plan
shall apply to all parcels within the boundaries of the Cannery Village/McFadden Square
Specific Area Plan area,as shown on the Land Use Plan Map incorporated herein,and as
shown on Districting Maps No.3,8, and 9, as referred to in Section 20.01.050 of the
Newport Beach Municipal Code. (Ord, 86-7, May 28, 1986)
20.63.015 PlJRPOSE AND INTENT.The purpose of this Specific Area
Plan is to establish policies to guide the orderly development and improvement of the
Cannery Village/McFadden Square Area.Development Standards are included in this
Specific Plan to set minimum standards for public and private improvements.
It is the intent of this Specific Area Plan to ensure consistency between the stated goals and
policies of the Land Use Element of the General Plan and the Local Coastal Program,Land
Use Plan. This will be achieved through the equitable application of the provisions of this
plan.
Establishment of Specific Plan District
Purpose and Intent
General Controls
Design Guidelines
Specialty Retail District
Recreational and Marine Commercial
Retail and Service Commercial
Commercial District Development Standards
Residential Districts: R-1; R-2; and MFR
Residential District Development Standards
Public Improvement Component
20.63.010
20.63.015
20.63.020
20.63.025
20.63.030
20.63.035
20.63.040
20.63.045
20.63.050
20.63.055
20.63.060
Sections:
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SPECIFIC PLAN
(CANNERY VllXAGE/
MCFADDEN SQUARE)
Chapter 20.63
A.APPliCABILITY.The provisions of this section shall apply to all property inthe
Cannery Village/McFadden Square Specific Plan District.
1.CONSTRUCTION OF BUILDINGS REGUlATED.No building,structure,
or sign shall be erected,reconstructed or structurally altered in any manner
The Land UsePlan Map,as incorporated herein,and the accompanying design guidelines
and developmertt standards provide for the orderly development of property within the
Cannery Village/McFadden Square area,consistent with the stated goals,policies and
objectives ofthe City's General Planand Local Coastal Program,Land Use Plan.All ofthe
waterfront area within the Cannery Village and the McFadden Square Bayfront is
designated for "Recreation and Marine Commercial"uses.It is theintentof this designation
to encourage a continuation of marine-oriented uses,maintain the marine theme and
character of the area,and encourage public physical and visual access to the bay.The
marine-oriented and coastal-dependent uses onthe bayfront are encouraged by establishing
a system of incentives to property owners to maintain these uses.
The Cannery Village area is intended to serve as an active pedestrian-oriented specialty
retail area with a wide range of visitor-serving,neighborhood commercial,and ma-
rine-related uses permitted.The focus oftheareaisthe establishment ofa Specialty Retail
district inthearea bounded by 32nd Street,Villa Way,29thStreet,and Newport Boulevard.
This Specialty Retail (SR)District is intended to be served by a central public parking
facility on 30th Street.Residential uses are permitted onthe second floor or above so long
asa permitted use is established onthe ground floor.Surrounding this retail core areais
the Retail and Service Commercial (RSC)District.This areais intended to provide for
retail sales,personal and professional uses that offer direct services to the public,and
marine-related light industrial uses.All ofthe uses permitted within the Specialty Retail
and Recreational and Marine Commercial districts are permitted within this designation.
This designation will provide a wide range of Uses and services accommodating both
residents and visitors,the boating industry,and will also provide continuity between districts
and increase the potential for "shared sales"from pedestrians.
The McFadden Square area is designated for "Retail and Service Commercial"uses.This
will provide for a broad range of coastal-related and visitor-serving commercial uses,and
when the recommended public improvements are implemented,encourage higher quality
uses which will serve to upgrade the area.
All property designated for residential use shall be preserved as such.(Ord.86-7,May 28,
1986)
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GENERAL CON'IROlS.20.63.020
3.Retail and Service Commercial, RSC District.
4.Residential Districts: R-1, R-2, MFR Districts.
2.Recreational and Marine Commercial, RMC District.
1.SpecialtyRetail, SR District.
Use ofcorrugated metal shed-typebuildingsor sidingwhere appropriate,with
a higher leveloffinishthanwouldnormallybe associated withsuchstructures.
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SPECIFIC PlAN
(CANNERY VilLAGE/
MCFADDEN SQUARE)
Chapter 20.63
The designations, locations and boundaries of these uses are delineated upon the map
entitled "Cannery Village/McFadden Square Specific Plan District, Land Use Plan Map",
which map and all information and notations thereon are made a part of this section by
reference. (Ord.90-24,June 28,1990;Ord.86-7,May 28, 1986)
20.63.025 DESIGNANDDEVELOPMENT GUIDELINES. Thesedesign
and development guidelines are intended to provide criteria for all new development, and
to assist the City staff and Planning Commissionin approving a Site Plan Review or Use
Permit for developments on the water.The objectives of the design guidelines are to
improve the image of the SpecificPlan area and to establish a clear identityfor-the twokey
destination areas--Cannery Village and McFadden Square.
A Cannery VillageTheme. A cannerytheme is recommended for the Cannery Village
area. The cannery theme is reminiscent of the previous use of the area, and can provide
a continuity throughout the area while preserving the variety and individualityof uses that
givethe area its charm. The cannery theme should be expanded to include other nautical
and marine elements as appropriate.Elements of a cannery theme that may be applied to
structures include:
B.lAND USE DESIGNATIONS. The following land use designationsare established:
nor shall any building or land be used for any purpose,other than as
permitted by, and in conformance with this Plan and all other ordinances,
laws and maps referred to herein. Where other sections of the Municipal
Code conflictwith any provision of this Plan, the provisions of this Specific
Plan shall take precedence.
2.NONCONFORMING USESAND STRUCTURES.Nonconformingusesand
structures shall be governed by the provisions of Chapter 20.83.
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Page 159
SPECIFIC PLAN
(CANNERY VIllAGE/
MCFADDEN SQUARE)
Chapter 20.63
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Useof materials reflecting and image of permanence,stability and strength,
and quality.Materials such as ceramic tile,stone,brick and brass fIt this
image.
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Attractive expression of mechanical equipment and systems by incorporation
intothe design of structures wIthin the height limit.
Use of nautical devices in signs,architectural details and decoration,such as
heavy rope,pilings,timbers,brass fixtures;etc.
B.McFadden Square Theme.The McFadden Square area has an entirely different feel
than the Cannery Village area.Here,historic 2·story architecture predominates.This
historic theme should be encouraged and enhanced by recreating the image of a
turn-of-the-century resort center following the lead ofthe Doryman's Inn.Elements of
"turn-of-the-century"architecture include:
Use of architectural styles and details reminiscent ofthetum ofthe century
erain which thearea was constructed.Structures in this style in general have
a strong architectural emphasis on both vertical and horizontal structural
members,a regular rhythm of vertical windows,and a restrained use of
ornament.(Ord.86-7,May 28,1986)
20.63.030 SPECIALTY RETAIL,SR DISnuCf.It isthe Intent of this
section to establish a strong specialty retail core for the Cannery Village area by'
encouraging mutually supportive businesses,establishing a continuity of sbopping and
pedestrian orientation,and to provide a high level of pedestrian interest,comfort and
amenity.
A.Permitted Uses.The following uses are permitted in theSR district:
1.Retail sales generally oriented to the casual pedestrian shopper such as antiques,
art galleries,art studios,books,clothing,crafts,hobbies,jewelry,stationary,specialty
food uses in accordance wIth Section 20.72,015,interior decorating studios,handicraft
establishments and similar establishments.
2.Personal service establishments such as barber shops,beauty parlors,shoe repair,
tailor shops,and similar establishments.
3.Professional and business offices providing direct services to the public,such as
accountants,architects,attorneys,and realtors.
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SPECIFIC PLAN
(CANNERY VILLAGE/
MCFADDEN SQUARE)
Chapter 20.63
4. Professional and business offices not providing direct servicesto the public or not
ancillaryto an otherwise permitted use, such as corporate officesshall be permitted
on the second floor only.
5.Residential uses on the second floor or above,where the ground floor is occupied
by a permitted use.
B. USES REQUIRING USE PERMIT.The following uses shall be permitted subject
to the securing of a use permit in each case:Restaurants:outdoor, take-out, and drive-in
facilities;bakeries; social clubs; hotels, motels, ''bed and breakfasts",music/art schools,
private instructional facilities,nail salons, wedding chapels, museums, and marine related
museums.
C.INTENSITY OF DEVELOPMENT.The total gross floor area and building bulk
contained in all buildings on a buildable site shall be as specified in Chapter 20.07,except
as provided in General Controls, Section 20.63.045.E.,Transfer of Development Intensity.
(Ord.91-25,July 25,1991;Ord.90-40,Dec. 13,1990;Ord 90-31,August 8,1990;Ord.89-35,
Dec. 27,1989;Ord.89-19,Sept.13,1989;Ord.86-7,May 28, 1986)
20.63.035 RECREATIONAL AND MARINE COMMERCIAL,RMC DISTRICT. It
is the intent of this designation to establish a priority system to guide development on
buildingsites on the baybyencouraginga continuation of marine oriented uses,maintaining
the marine theme and character of the area, and encourage public physicaland visualaccess
to the bay.
A.SITE PLAN REVIEW REQUIRED.,Unless otherwise specified herein, all
development in the Recreational and Marine Commercial District shall be subject to Site
Plan Review as set forth in Section 2~.01.070 of the Municipal Code.
B.PERMITTED USES.
1. Incentive Uses: Highest priority uses such as marinas, yacht brokers,boat
charters and rentals, marine construction,boat sales,boat repair and servicing,
sports fishing establishments, dry-boat storage,boat launching, commercial
fishingfacilities, and retail marine sales, that when they occupy at least forty
percent (40%)of a site, as defined herein, maybe combined with uses under
C.3.
2. Non-incentive Permitted Uses:Marine related offices where services are
offered to the general public, such as marine surveyorsand marine insurance
brokers;retail uses;residential uses on the second floor or above, where the
Page 161
SPECIFIC PLAN
(CANNERY Vlll.AGE/
MCFADDEN SQUARE)
Chapter 20.63
4.Professional and business offices not providing direct services tothe public ornot
ancillary to an otherwise permitted use,such as corporate offices shall be permitted
onthe second floor only.
5.Residential uses on the second floor or above,where the ground floor is occupied
bya permitted use.
B.USES REQUIRING USE PERMIT.The following Uses shallbe permitted subject
tothe securing ofa use permit in each case:Restaurants:outdoor,take-out,and drive-In
facilities;bakeries;social clubs;hotels,motels,"bed and breakfasts",music/art schools,
private instructional facilities,nail salons,wedding chapels,museums,marine related
museums,pet shops,animal hospitals and animal grooming facilities.
C.INTENSITY OF DEVELOPMENT.Thetotal gross floor area and building bulk
contained in all buildings on a buildable site shall be as specified in Chapter 20.07,Floor
Area Ratios and Building Bulk.(Ord.93-20,Sept.22,1993;Ord,91-25,July 25,1991;Ord,
90·40,Dec.13,1990;Ord 90-31,August 8,1990;Ord.89-35,Dec.27,1989;Ord,89-19,
Sept.13,1989;Ord.86·7,May 28,1986)
20.63.035 RECREATIONAL AND MARINE COMMERC~RMC DISTlUcr.It
is the intent of this designation to establish a priority system to guide development on
building sites onthebayby encouraging a continuation of marine oriented uses,maintaining
the marine theme and character ofthe area,and encourage publlcphysical and visual access
to the bay.
A SITE PLAN REVIEW REQUIRED.Unless otherwise specified herein,all
development in the Recreational and Marine Commercial District shall be subject toSite
Plan Review as set forth in Section 20.01.070 ofthe Municipal Code.
B.PERMI'ITED USES.
1.Incentive Uses:Highest priority uses such as marinas,yacht brokers,boat
charters and rentals,marine construction,boat sales,boatrepairand servicing,
sports fishing establishments,dry-boat storage,boat launching,commercial
fishing facl1ities,andretail marine sales,that when they occupy at least forty
percent (40%)ofa site,as defined herein,may be combined with usesunder
C.3.
2.Non-incentive Permitted Uses:Marine related offices where services are
offered to the general public,such as marine surveyors and marine insurance
brokers;retail uses;residential uses onthe second floor or above,where the
ground floor is occupied by a permitted use and specialty food uses in
accordance with Section 20.72.015.
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SPECIFIC PLAN
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Chapter 20.63
C.USES WHICH REQUIRE A USE PERMIT.
1. Incentive Uses: Highest priority uses such as marine related manufacturing,
new boat construction,yacht clubs,marine service stations, gas docks,marine
related private instructional facilities,federal post offices,and marine related
museums that when they occupy at least 40% of a site, as defined herein,
may be combined with uses under C.3.
2. Non-incentiveusessuchassocialclubs,serviceclubs,weddingchapels, federal
post offices,commercial recreation, hotels, motels, and 'bed and breakfasts',
restaurants (outdoor, drive-in and take-out), and bakeries.
3. Uses which must be in conjunctionwith an Incentive Use occupyingat least
40% of the site such as personal service commercial uses, professional and
business offices,financial institutions and light manufacturing (unless for
marine products)art studios, dance studios,interior decorating studios,
music/art schools,photographic studios,private instructional facilities (unless
marine related), arcades, nail salons, commercial recreational facilities,
cleaners and laundries, copy service, handicraft establishments,pet shops,
animal hospitals, and animal grooming facilities.
D.SITE AREA.For purposes of determining compliancewith this Section,"site"shall
be defined as the total land area withinthe established property lines of a parcel, including
any portion under water. Forty percent (40%) of this total area shall be occupied by an
incentiveuse as defined herein.For those permitted uses suchas boat slipslocated between
the U.S. Bulkhead Line and the U.S.Pierhead Line, any area on the site supporting the
permitted uses, such asparking devoted exclusively to the boat slips,shall be included in the
calculation of incentive uses to determine compliance with this Section.
E.MIXED-USE DEVELOPMENTS.Where amixed-use development is proposed with
any combination of uses permitted in Sections B.and C. above, the area devoted to these
non-incentive permitted uses shall be subtracted from the total area of the development.
Forty percent (40%)of the balance of the total development shall be devoted to an
incentive use as defined herein.
F. INTENSITY OF DEVELOPMENT.The total gross floor area and building bulk
contained in all buildings on a buildable site shall be as specified in Chapter 20.07,Floor
Area Ratios and BuildingBulk. (Ord.93-20,Sept. 22,1993;Ord.91-25,July 25, 1991;Ord.
90-31,August 8,1990;Ord.89-35,Dec. 27,1989;Ord.89-32,Dec. 13, 1989; Ord.89-19,
Sept.13, 1989;Ord.86-7,May 28, 1986)
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Chapter 20.63
20.63.040 RETAIL AND SERVICE COMMERCIAL -RSC DIS'IRICT.It is
the intent of this section to provide for retail sales,personal service,commercial,and
professional Uses that offer direct services to the public,and light marine industrial uses.
A.USES PERMITTED.
1.Retail sales,specialty food uses in accordance with Section 20.72.015,and
personal service establishments within a building including accountants,
architects,banks,barber shops,bookstores,realtors,travel agencies,art
studios,interior decorating studios,photographic studios,copy service,and
handicraft establishments,and those uses permitted in Section 20.63.030,
Specialty Retail District and Section 20.63.035,Recreational and Marine
Commercial District.
2.Residential uses on the second floor or above,where the ground floor is
occupied by a permitted use.
3.Professional and business offices not providing direct services tothe public
ornot ancillary toan otherwise permitted use,such as corporate offices shall
be permitted onthe second floor only.
4.Marine industrial uses or light manufacturing of marine related products.
B.USES REQUIRING A USE PERMIT.Thefollowing uses shall be permitted subject
tothe securing ofa use permit in each case:Restaurants:outdoor,take-out,and drive-in
facilities;bakeries;hotels,motels,"bed and breakfasts~j health clubs/aerobic studios,
music/art schools,dance studios,private instructional facilities,arcade,commercial
recreational facilities,nailsalons,wedding chapels,cleaners andlaundries,day care facilities,
laundromat,service/social club,marine industrial,marine manufacturing,churches,
museums,marine related museums,federal post offices,pet shops,animal hospitals,and
animal grooming facilities.
C.INTENSITY OF DEVELOPMENT.Thetotal gross floor areaand building bulk
contained inall buildings ona buildable site shall be as specified in Chapter 20.07,Floor
Area Ratios and Building Bulk.(Ord.93-20,Sept.22,1993;Ord.91-25;July 25,1991;Ord.
90-31,August 8,1990;Ord.89-35,Dec.27,1989;Ord.89·19,Sept.13,1989;Ord.86-7,May
28,1986)
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Page 164
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Chapter 20.63
20.63.045 COMMERCIAL DISlRICT DEVELOPMENT STANDARDS.The
following standardsshallapplyto allproperties and developmentsin the SR,RMCandRSC
Districts as set forth herein:
A OFF-STREETPARKING REQUIRED.Off-streetparkingshallbe providedonthe
building site according to the following schedule, or with City Council approval upon
recommendation ofthe Planning Commission,approvalof an off-siteparking agreement or
by the payment of an in-lieufee as provided in Section 20.63.045.C.
1. Retail stores and commercialuses: One parking space for each 250square
feet of gross floor area.
2. OfficeUses: One parking space for each 250 square feet of net floor area.
3. Industrial Uses: One parking space for each 2,000 square feet of grossfloor
area and one loading space for each 10,000 square feet of grossfloor area.
4. Restaurants: One spacefor each 40square feet ofnet publicarea. Basedon
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:
I. The PhysicalDesign characteristicsof the restaurant.
a) The portion of net public area designatedfor 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 design, includingthe use of small car spaces,
tandem, and valet parking.
e)Availability of guest dock space for boats.
II. The location of the restaurant.
a) In relation to other uses and the waterfront.
Page 165
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(CANNERY Vill.AGE/
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Chapter 20.63
B.OFF-STREET PARKING ON SEPARATE LOT.The Planning Commission shall
not recommend and the City Council shall not approve off-street parking ona separate lot
from the commercial or industrial building siteor sites unless:
1.Such lotisso located astobe useful in connection with the proposed useor
uses onthe building siteor sites.
2.Parking on such lot will not create undue traffic hazards in the surrounding
area.
3.Such lotandthe building siteareinthe same ownership,orthe owners ofthe
building sites have a common ownership in such lot,and the owner or owners
are entitled to the immediate possession anduse thereof (ownership ofthe
off-site lot must be ownership in fee or a leasehold interest of a duration
adequate to serve all proposed uses onthe building siteor sites).
4.The owner or owners and the City,upon the approval ofthe City Council,
execute a written instrument or instruments,approved asto form and content
by the City Attorney,providing forthe maintenance ofthe required off·street
parking on such lot for the duration of the proposed use or uses on the
building siteor sites.should a change inuseor additional usebe proposed,
the off-street parking regulations applicable at the time shall apply.Such
instruments shall be recorded inthe office ofthe County Recorder and copies
thereof filed with the Planning Department.
5. The provision of this subsection shall not apply to residential uses.
C.COMMERCIAL IN·LIEU PARKING FEES.The Planning Commission or City
Council upon review or appeal,may approve a use permit for a retail,commercial.or
industrial use with alloraportionofits required off-street parking ina municipal parking
facility.The fee for each parking space shall be established by resolution of the City
Council.Said municipal parking facility shall have adequate capacity to serve the new use,
and must be located within reasonable proxitnity tothe commercial business all tobe useful
to said business.The provisions of this subsection shall not apply to residential uses.
D.RESIDENTIAL USES IN NON-RESIDENTIAL DISTRICI'S.In areas designated
for commercial orretail uses and sUbject toa variable floor area ratio,residential uses are
pertnitted onthe second floor or above only.No residential uses shall be pertnitted in the
commercial area subject toa fixed floor area ratio,specifically the shopping center located
immediately southwesterly ofthe intersection of Newport Boulevard and 32nd Street on
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Page 166
SPECIFIC PLAN
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MCFADDEN SQUARE)
Chapter 20.63
Parcels 1,2,and 3 of Record of Survey 35-25 filed with the Orange County Recorder.The
following standards applyto second floor residential units above commercial or retail uses:
1. A minimum of 2,375 square feet of land area is required for each dwelling
unit.
2.The total grossfloor area and building bulk in all structures on anysite shall
be specified in Chapter 20.07.
3.The commercial or retail portion shall be limited to a floor area ratio
between 0.25 and 0.50.
4.The residential portion of the structure shall be limited to a maximum floor
area ratio of .75.
5.Parking for the residential use shall be provided on-site with no exceptions.
E.BULKHEAD.All bulkheads shall be constructed to an elevation of nine feet
above mean low water (6.27 feet above mean sea level).
F.FLOOR ELEVATION.Finished floor elevationfor all newstructures or addition
to existingstructures other than floor area used for parking, shall be nine feet above mean
lowwater level (6.27 feet above mean sea level).
G. HEIGHT LIMIT.The height limit for all buildings and other structures on a
building site within the SR, RMC and RSC districts shall be 26 feet.For structures
constructed with the ground floor at or above nine feet above mean low water (6.27 feet
above mean sea level), the height limit shall be the greater of 26 feet above the high water
line or 26 feet above the site elevation. This height limit may be exceeded, up to a
maximum height of 35 feet, with a use permit, provided that the Planning Commission,in
granting such use permit, finds that all the following criteria are met:
1. The development will provide for both public physicaland visualaccessto the
baywithin the limitsthat publicsafetyis ensured and private property protect-
ed.
2.The increased building height would result in more public visual open space
and views than would result from compliance with the basic height limit.
Particular attention shall be given to the location and orientation of the
structure on the lot, the percentage of ground coverage, and the treatment of
all setback and open areas.
Page 167 I
SPECIFIC PLAN I(CANNERY VUlAGEJ
MCFADDEN SQUARE)
Chapter 20.63 I
3.The increased building height would resultin a mote desirable architectural Itreatmentofthebuildingandastrongerandmoreappealingvisualcharacter
ofthe area within the general theme ofa marine environment.I4.The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments Iorpublicspaces.Particular attention shall be given to the totalbulkofthe
structure including both horizontal and vertical dimensions.
5.The increase in height shall not result in floor area exceeding the floor area Iotherwisepermitted.
The maximum height in all districts shall be measured in accordance with the definitions I
contained in Section 20.87.205 ofthe Municipal Code.
H.SETBACK REQUIREMENTS.I
1.A front setback area of five feet shall be required for all commercial Idevelopmentonthefollowingstreets:
a)Newport Boulevard (excluding those through lots on the Newport IBoulevard"islands").
b)32nd Street I
c)31st Street
d)30th Street I
e)29th Street I
f)Lafayette Avenue Ig)23rd Street
h)22nd Street I
i)21st Street Ij)20th Street
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Chapter 20.63
2. Those through lots on the Newport Boulevard "islands"shall maintain a front
setback of 2.5 feet on each frontage.
3. For commercial properties on West Ocean Front, no front setback shall be
required.
4. No side yard setback area shall be required on properties in non-residential
districtsexcept as maybe required by the Planning Commissionin approving
a site plan reviewor in granting a use permit, or as necessaryto meet public
accessrequirements.
5.Rear yard setback areas abutting an alleyshall have a minimumwidth of ten
feet.
6. A minimum setback area of ten feet shall be maintained from the bulkhead
line.
7. A rear yard setback area of ten feet shall be required on the second floor for
residential uses in a mixeduse development.
SIGNS. The following standards shall apply to all signs within the Cannery
Village/Mcfadden Square Specific Area Plan area:
1.Number. A maximum of three wall signs shall be permitted per building,
however,a multi-tenant buildingmayhave one wallsign per businessplus one
twenty-five (25) square foot building directory wall sign listing tenants.
2. Area. The area of a wall sign or wall signs on any frontage of a building
shallnot exceedtwohundred (200)square feet nor forty percent (40%) ofthe
exposed finished wall surface area, including openings.
3. Ground Signs.Ground signsor monument signsshall not exceed three feet
in height and three feet in width and are permitted within the required front
yard setback area.Ground and monument signsare limited to twofaces and
may be illuminated.
4. Pole Signs.Pole signsshall not be permitted except on building sites with
over 100feet of frontage.
5.Roof Signs.Roof signsshall not be permitted.
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SPECIFIC PLAN
(CANNERY VTI.J.AGE/
MCFADDEN SQUARE)
Chapter 20.63
6.Temporary Signs.
a)Size.No temporary sign shall exceed one hundred (100)square feet
in area.Temporary signs of rigid material shall not exceed twenty-four
(24)square feetin area,or six (6)feetin height.
b)Duration.Temporary signs may remain in place for a period not
exceeding sixty (60)days per calendar year.
c)Number.One (1)per building or building site.
7,Exceptions.
a) The Planning Commission shall have the authority to issue Exception
Permits from any ofthe provisions of this Section.
b) Inordertograntan Exception Permit,the Commission must find that
granting such permit is necessary to protect a substantial property
right,will notbe contrary tothe purpose ofthe Chapter as herein set
forth,and will not be materially detrimental to the health,safety,
comfort or general welfare of persons residing inthe neighborhood,or
detrimental or injurious to property or improvements in the
neighborhood,orthe general welfare ofthe City.
c)APPEAL.In case the applicant or any other person is not satisfied
with the action ofthe Planning Commission,he may within twenty-one
(21)days appeal in writing to the City Council.
J.LANDSCAPING.A minimum of five percent (5%)of any exterior paved parking
areaanda minimum of fifty percent (50%)ofthe area ofthe required front yard setback
shall be devoted to planting areas.
K.PUMP-OUT FACILITIES REQUIRED.On waterfront sites where the proposed
use includes public marinas,yacht clubs,boat charters or rentals,sports fishing establish-
ments,commercial fishing facilities,marine service stations,gas docks.boat launching
facilities,orothersimilar uses,either public or private,boat holding tankpump-out facilities
shall be provided in each case,unless otherwise approved by the Planning Commission or
City Council on review or appeal ofa Site PlanReview or Use Permit.Said pump-out facil·
ities shall have adequate capacity to accommodate all vessels anticipated ateachsite.Prior
to the issuance of building permits,the Marine Director shall approve all plans and
specifications of pump-out facilities.
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Page 170
SPECIFIC PLAN
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Chapter 20.63
L.PUBLIC ACCESSTO BAY FRONT. In approving a Site Plan Review or granting
a Use Permit for development on a buildingsite with frontage along the bay, the Planning
Commissionor CityCouncil,upon reviewor appeal, shall require the dedication ofvertical
and lateral public access easements, exceptwhere .adequate public access already existsor
where the provision of accessis inconsistent with public safety or the protection of fragile
coastal resources. The following standards shallbe applied to all lateral and verticalpublic
access easements:
1.Public access easements shall be a minimum of six (6) feet in width.
2. Public access easements may be provided within required setback areas.
3. All dedicated public access easements shall be recorded with the Orange
County Recorders Office in a manner satisfactory to the Public Works
Department.(Ord.90-24,June 28,1990;Ord.89-19,Sept.13,1989;Ord.86-7,
May 28,1986)
20.63.050 RESIDENTIAL DISTRICTS,R-l,R-2,and MFR. The intent
of this section is to preserve the existing residential districts within the Cannery
Village/McFadden Square Specific Area Plan Area, and to maintain the development
standards that have guided the orderly development of these districts.
A USES PERMfITED.
1.R-l District.
One (1)single-family dwelling on a lot.
2. R-2 District.
a) One (1)single-family dwelling on a lot.
b) Two (2) detached single-family dwellings or one (1) duplex on a lot.
3.MFR District.
a)Single-family dwellings and duplexes.
b) Multiple unit dwellings.
B.
A.
B.
C.
Page 171
SPECIFIC PLAN
(CANNERY VILlAGE/
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Chapter 20.63
USES REQUIRING USE PERMIT.
All Residential Districts:
a)Parking lots,
b)Outdoor lighting.
20.63.055 RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS.
R-1 DISTRICT
Development in the SP-6 (R-1)District shall meet the development standards
specified in Chapter 20.13 of this Title,except that:
1.A front setback area of five feet shall be required.
2. A minimum five foot rear yard setback area fromthe alley shallbe main-
tained.
R-2 DISTRICT
Development in.the SP·6 (R-2)District shall meet the development standards
specified in Chapter 20.15 ofthis Title,except that:
1. A frontyard setback area of five feet shall be required,and
2. A minimum five foot rear yard setback area from the alleyshallbe main·
tained.
MFR DISTRICT
Development in the SP-6 (MFR)District shall meet the development standards
specified in Chapter 20.19 of this Title,except that:
1. A frontyard setback area of five feet shallbe required.
2. A minimum five foot rear yard setback area from the alley shall be main-
tained.(Ord.90-24,June 28,1990)
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Page 172
SPECIFIC PLAN
(CANNERY VILLAGE/
MCFADDEN SQUARE)
Chapter 20.63
20.63.060 PUBLIC IMPROVEMENT COMPONENT.The following are
the public and private improvement projects for the Cannery Village and McFadden
Square areas. Projects are listed bypriority, with a general description of each project and
proposed funding sources.
The City's ability to fund its share of each project, where applicable, is based upon
the allocation of limited financial resources throughout the City.Each year during the
preparation of the City's annual budget, the City Council will determine which projects or
portion thereof are to be funded by the City, their costs, and specific schedule for
implementation.For those projects usinggastaxesor other sources ofrevenue for a portion
of the funding, the specificprojects to be funded must also be determined annually,based
upon the availabilityof funds and demand from other projects throughout the City.
Certain projects are to be funded in whole or in part, through the formation of
Assessment Districts. Prior to implementing any project for which an Assessment District
must be formed to secure funding, allbenefitting property owners shall be provided with all
pertinent details of the project includinga total cost and the individual assessment for each
property owner.A:lI benefitting property ownerswillvote on the project, the formation of
the Assessment District, and the individual dollar amonnt of the assessment. A majority of
the benefitting property owners must approve the entire program prior to implementation,
as set forth in state law.
A PRIORITY I:IMMEDIATE IMPLEMENTATION
1. CANNERY VILLAGE PARKING FACILITY.
This project includes the acquisition of land and construction of a parking facilityto
serve approximately 165cars in the core of the Cannery Village area.It is proposed
that approximately 66% of the funds for this project will come from the General
Fund; 10%from the Off Street Parking Fund; and 24% from an AssessmentDistrict.
2. INSTALLATION OF CURBS,GUTTERS,AND SIDEWALKSIN CANNERY
VILLAGE.
Approximately 1,200feet of basic curb,gutter and sidewalk construction is needed
where it wasnever provided in the Cannery Village area. Improvements are needed
on various sections of Villa Way, 31st Street, 30th Street, 29th Street and 28th
Street. Because this project will provide these facilitieswhere none exist,the entire
cost will be paid through an Assessment District comprised of the benefitting
property owners.
Page 173
SPECIFIC PLAN
(CANNERY VILlAGE/
MCFADDEN SQUARE)
Chapter 20.63
3.RESTROOM REWCATION-MCFADDEN SQUARE.
This project includes demolition ofthe existing restrooms atthe base ofthe Newport
Pierand construction ina new location which does not block the view to thepieror
create an unattractive view from McFadden Square plaza.This project will be
funded bythe City's Restroom Replacement Program.
4.PARKING MANAGEMENT PLAN.
A Parking Management Plan shall be developed that at a minimum includes
significant increases inlieufees and long-term parking fees during peakuse periods;
increased fines for parking violations;and aggressive towing of illegally parked
vehicles.There may be an initial cost associated with development of this parking
management plan which shall be borne by the City.However,this parking
management plan will ultimately result in a revenue source forthe City.
B.PRIORITY ll:IMPLEMENTATION WI'rHIN TWO YEARS
1.CANNERY VILlAGE STREETSCAPE.
Streetscape improvements include installation of street trees in the public
right-of-way or easements on private property,special paving treatment at pedestrian
crossings,planters at key pedestrian crossings,installation of benches,litter
receptacles andotherpedestrian improvements.The level of improvements on each
street segment depends onthe available right-of-way for improvements and level of
improvements proposed.Funding for this project will come entirely from an
Assessment District formed for this purpose.
2.NEWPORT BOULEVARD/BAU30A BOULEVARD REALIGNMENT.
This project includes the elimination ofthe "tnixmaster"intersection by development
of a single intersection of Balboa Boulevard and Newport Boulevard at
approximately 26th Street.Intersection improvements include basic realignment,
relocation of traffic signals,streetscape improvements including special paving at
pedestrian crossings,plartters and other landscaping andstreet light relocation or
installation.This project shall be implemented within the existing city-owned
right-of-way only.It is.proposed that approximately 66%ofthe funds for this project
will come from the General Fund;25%form Gas Tax funds;and 9%from the
formation ofan Assessment District.
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SPECIFIC PLAN
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Chapter 20.63
3. MCFADDEN SQUARE PLAZA.
This project involves the development of an attractive pedestrian activityplaza as a
visualand functional focusfor McFadden Square. The plaza wouldprovide a visual
landmark for the square and would be a center of pedestrian activities. The plaza
could be heavily landscaped and decorated with flags and banners,lights,etc.
Funding for this project will come entirely from an Assessment District formed for
this purpose.
4. MCFADDEN SQUARE PROMENADE.
This project is a companion to the McFadden Square Plaza project and will help
carrythe highquality pedestrian imagealongMcFaddenPlace and Balboa Boulevard
to 23rd Street. Funding for this project will come entirely from an Assessment
District formed for this purpose.
5.MCFADDEN SQUARE STREETSCAPES.
Streetscape improvements are recommended for 22nd Street and 23rd Street to
improve the pedestrian environment and tie these streets into the overall image of
the McFadden Square area. Because of the narrow parkway on these streets,
landscaping and street trees could be installed on existing private property where
sites are available. Funding for this project will come entirely from an Assessment
District formed for this purpose.
6.RESTRIPE NEWPORT BOuLEVARD BETWEEN 30th STREET AND 32nd
STREET.
The City's Master Plan of Streets and Highways calls for the ultimate widening of
Newport Boulevard between 32nd Street and Coast Highway (phase I) and between
30th Street and 32nd Street (Phase Il),Construction on Phase I is anticipated to
commence in 1988-89 with completion in two years. Phase II is scheduled for
implementation at some time after the completion ofPhase I. (See Item D-1). The
restriping of Newport Boulevard between 30th Street and 32nd Street is suggested
as either an interim program prior to the widening of this segment of Newport
Boulevard, or as an alternative to the widening project.This project involves the
restriping of Newport Boulevard outbound between 30th Street and 32nd'Street to
provide a third outbound travel lane during peak periods. This would require the
restriping of the roadway to provide three lanes, one of which would be a
parking/bike lane except during peak summer hours when parking would be
restricted. It may be necessaryto acquire sufficientland at the southeast corner of
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Page 175
SPECIFIC PLAN
(CANNERY VILlAGE/
MCFADDEN SQUARE)
Chapter 20.63
Newport Boulevard and 32nd Street to provide a flare inorderto have the proper
alignment ofthe lanes on either side of 32nd Street.Implementation of this plan
would result inthe permanent loss of some on-street parldng andthe temporary loss
of others during peak periods.Funding for this project should come entirely from
the City's General Fund.
7.RESTRIPE NEWPORT BOULEYARD BETWEEN 26th STREET AND 30th
STREET.
This project also involves the restriping of Newport Boulevard outbound to provide
three travel lanes,oneof which would be a combination parking/bike lane,except
during peak summer periods when parking would be restricted.Implementation of
this project should be concurrent with either the restriping of Newport Boulevard
between 30th and 32nd Street or the widening of that section of the roadway.
Funding for this project should come entirely from the City's General Fund.
8.RESTRIPE NEWPORT BOULEYARD BETWEEN 19th STREET AND 26th
STREET.
Should the realignment ofthe Newport Boulevard/Balboa Boulevard lntersection be
determined to be infeasible,it is possible to restripe this section of outbound
Newport Boulevard to provide athirdtravel lane which would also bea parking/bike
lane except during peak summer hours when parking would be restricted.
Implementation of this project would result inthe permanent loss of some on-street
metered parking spaces and the temporary loss during peak hours ofother spaces.
This project shall be implemented within the existing city-owned right of way only.
The funds for this project would be divided equally between the General Fund and
Gas Tax funds.
C.PRIORITY ill:IMPLEMENTATION BETWEEN TWO AND FIVE YEARS.
1.UNDERGROUND UTILITIES IN CANNERY VILLAGE.
Undergrounding of all existing overhead utilities lncluding electric power,telephone
and cable television are recommended to improve the visual quality of the
streetscape andto eliminate theneedto prune street trees away from power lines.
Undergrounding lncludes provision of underground utilities to the property line,
where a connection would be made to existing service above ground.Funding for
this project will come from an Assessment District,formed for this purpose.
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SPECIFIC PLAN
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Chapter 20.63
2.REPAIR EXISTING DETERIORATED CURBS,GUTIERS,SlREETS,
AND SIDEWALKS IN CANNERY VILLAGE.
This project involves the repair of the existingcurbs, gutters,streets and sidewalks
in the Cannery Village area. This project will be funded entirely by the City's
General Fund as a part of its on-going street maintenance and repair program.
3.RECONS1RUcr SEWERS IN CANNERY VILLAGE.
This project involves the repair of portions of the existingsewer systemin Cannery
Villagein conjunctionwiththe repair of the streets in that area. This project willbe
funded entirely by the City's General Fund.
PRIORITY IV:IMPLEMENTATION WITHIN FIVE TO TEN YEARS.
1.WIDEN NEWPORT BOULEVARD BETWEEN 30th S1REET AND 32nd
S1REET.
This isPhase IT of the proposed wideningof Newport Boulevard between 30th Street
and Coast Highway.Thisproject requires the acquisitionofland and reconstruction
of buildingsalong the easterly side ofoutbound Newport Boulevard to create a third
travel lane.Implementation of this project can not occur until after Newport
Boulevard is widened between 32nd Street and Coast Highway.It is proposed that
approximately34% of the fundingfor thisproject will come from the City's General
Fund; 33% from Gas Tax revenues; and 33% from AH.F.P.funds.
2. WIDEN VILLA WAY.
The widening of Villa Way includes the acquisition of one additional parcel along
the west side of Villa Way from 32nd Street to 29th Street to provide a 60 foot
right-of-way.The street itself would be widened to provide two travel lanes with
parking on each side. Parkwaylandscapingwould be installed to provide a pleasant
pedestrian environment. Plantings,street furniture, and special paving treatment at
pedestrian crossings would be included in the project. Funding for this project will
come from an Assessment District formed for this project.
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SPECIFIC PLAN
(CANNERY VIILAGE/
MCFADDEN SQUARE)
Chapter 20.63
3.MCFADDEN SQUARE PARKING FACILITY.
This project involves the acquisition oflandandthe construction ofa parking facility
to serve approximately 250 cars in McFadden Square.It is proposed that
approximately 25%ofthe funds for this project will come from the City's General
Fund;8%from the City's Off·Street Parking Fund;and 66%from an Assessment
District formed for this purpose.(Ord,86-7,May 28,1986)
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-------------------1--
Retail and Service Commercial
Recreational and Marine Commercial
Specialty Retail
Specific Plan Area Boundary
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Chapter 20.65
A. The specific goals of this Specific Area Plan are as follows:
SPECIFIC :pLAN DISTRICT (CENTRAL BALBOA)
Page 180
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
Establishment of Specific Plan District
Purpose and Intent
General Controls
Design and Development Guidelines
Retail and Service Commercial,SP-8 (RSC)District
Commercial District Development Standards
Residential Districts: SP-8 (R-2), SP-8 (MFR),and SP-8 (RP)
Districts
Residential District Development Standards
Governmental,Educational and Institutional Facilities,SP-8 (GEIF)
District
Governmental,Educational and Institutional District Development
Standards
Open Space, SP-8 (OS)District
Open Space District Development Standards
General Regulations
Reconstruction of Nonconforming Structures
Public Improvement Component
20.65.055
20.65.060
20.65.065
20.65.070
20.65.080
20.65.090
20.65.045
20.65.050
20.65.010
20.65.015
20.65.020
20.65.025
20.65.030
20.65.035
20.65.040
20.65.015 PURPOSE AND INTENT.The purpose of this Specific Area Plan is to .
establish policies to guide the orderly development and improvement of the Central Balboa Area.
Development Standards are included in this Specific Plan to set minimum standards for public
and private improvements.
20.65.010 ESTABLISHMENT OF SPECIFIC PLAN DISTRICT-CENTRAL
BALBOA.The provisions of this Specific Area Plan shall apply to all parcels within the
boundaries of the Central Balboa Specific Area Plan area, as shown on the Land Use Plan Map
incorporated herein, and as shown on Districting Map No.11,as referred to in Section 20.01.050
of the Newport Beach Municipal Code (Ord. 94-44,October 12, 1994).
Sections:
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7. To use architectural design and public improvements to define the commercial
district and establish a clear lineof demarcation with residential areas.
1.To consolidate,preserve,and enhance the traditional central business district
character of the area.
4. To provide a year-round,active commercial and recreational area serving the
needs of the permanent residents and visitors of the Balboa Peninsula.
2.To create visual interest anda pedestrian scale along street-facing facades anda
harmonious relationship between buildings.
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GENERAL CONTROLS.20.65.020
It is also the intent ofthe City to provide for enhancements tothe commercial district as
articulated in the above goal statements,while recognizing the long-term interest of the
surrounding residents in terms of traffic and circulation issues in the area.This may require the
City to further study and implement additional traffic mitigation measures in the future.
B.It is the intent of this Specific Area Planto ensure consistency between the stated goals
and policies ofthe Land Use Element ofthe General Plan and the Local Coastal Program,Land
Use Plan.This will be achieved through the equitable application ofthe provisions of this plan.
6.To locate and develop new public parking areas,while minimizing encroachment
into existing open space and recreational areas.
5. To provide public improvements designed to enhance the visual quality of the
area,encourage safe pedestrian movement and bicycle transportation,and to
facilitate the flow of vehicular traffic.
3.To preserve the historic character oftheareaand maintain compatibility with the
scale and mass of existing structures,while allowing opportunities for architectural
diversity.
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
C.The Land UsePlan Map,as incorporated herein,and the accompanying design guidelines
and development standards provide forthe orderly development of property within the Central
Balboa area,consistent with the stated goals,policies and objectives of the City's General Plan
and Local Coastal Program,Land Use Plan.This will be achieved through the equitable
application ofthe provisions of this plan.The majority of the Central Balboa areais designated
for Retail and Service Commercial land uses.This designation is intended to provide the Central
Balboa area with commercial services for permanent residents and visitors of the area.Two
Family Residential,Multi-family Residential,Governmental,Educational and Institutional
Facilities and Open Space designations reflect existing land uses and development.
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
A.APPLICABILITY. The provisions of this section shall apply to all property in the
Central Balboa Specific Plan District, unless otherwise noted.
1. CONSTRUCTION OF BillLpINGS REGULATED. No building, structure,
or sign 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 Plan and all other ordinances, laws and maps referred to
herein. Where other sections of the Municipal Code conflict with any provision
of this Plan, the provisions of this Specific Plan shall take precedence.
2.NONCONFORMING USES AND STRUCTURES. Nonconforming uses and
structures shall be governed by the provisions of Section 20.65.0S0 of this Chapter
and in Chapter 20.S3.
B. LAND USE DESIGNATIONS. The following land use designations are established:
1. Retail and Service Commercial, SP-S (RSC) District.
2. Two Family Residential, SP-S (R-2) District
3. Multi-Family Residential, SP-S (MFR) District.
4. Residential-Professional, SP-S (RP) District.
5. Governmental, Educational and Institutional Facilities, SP-S (GEIF) District.
6. Open Space, SP-S (OS) District.
The designations, locations and boundaries of these uses are delineated upon the map entitled
"Central Balboa Specific Area Plan, Land Use Plan Map", which map and all information and
notations thereon are made a part of this section by reference. (Ord. 94-44, October 12, 1994).
C. LAND USE AND DEVELOPMENT REGULATIONS. Land use and development
regulations shall be those of the base district with which the "SP" Specific Plan District symbol
is applied, unless specifically modified by the provisions of this Chapter. In cases where the .
Specific Plan District regulations conflict with the base district regulations, the regulations of the
Specific Plan District shall apply.
D. ALTERATIVE DEVELOPMENT REGULATIONS. In order to permit flexibility in
development regulations and allow opportunities for innovative and superior urban design,
alternative development regulations may be proposed through the site plan review process in
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
accordance with the provisions of Section 20.01.070.The Planning Commission shall approve
or conditionally approve the development upon the finding that:
1.The proposed site plan is consistent with the Central Balboa SpecIfic Area Plan
and other applicable policies.
2. The proposed site plan is compatible with surrounding development.
3. The proposed site plan provides the potential for superior urban design in
comparison with the development under Specific Plan District regulations that
would apply if the site plan were not approved.
4. The deviations from the Specific Plan District regulations that otherwise would
apply are justified by compensating benefits of proposed the site plan.
5. The proposed siteplan shall ensure thatthe public benefits derived from expendi-
tures of public funds for improvement and beautification of streets and public
facilities within Central Balboa Specific Area Plan area shall be protected.
20.65.025 DESIGN AND DEVELOPMENT GUIDELINES.These design and
development guidelines are intended to provide criteria for all new development and the
redevelopment of existing properties,and to assist the City staffand Planning Commission in
reviewing applications for site plan review or use permits.
A.DESIGN THEME.The objective is to preserve and enhance the traditional central
business district character of the Central Balboa area.Essential to realizing this objective isthe
maintenance and strengthening of pedestrian orientation of the commercial district.The siting
of buildings,architectural design and street and sidewalk improvements should foster pedestrian
activity.Design elements that may be applied to achieve this objective include:
1.Avoiding monotonous,visually unappealing structures by providing vertical and
horizontal articulation to break up building mass.
2.Designing structures to create transitions in form and scalebetween large buildings
and adjacent smaller buildings.
3.Designing buildings to be visually connected rather than creating gaps in the
streetscape system.
4.Relating the scale and character of new development,and the redevelopment of
existing properties,to the pedestrian functions and spaces.
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
5. Wherever possible, new structures and the redevelopment of existing properties,
should expand the pedestrian spaces provided by the sidewalk. Examples of this
include recessed building entries or internal courtyards, patios, plazas, or malls.
6. Extending paving material to sidewalk in front of building entrances and using
paving patterns to identify building entrances and to add visual interest.
7. At block comers, structures should utilize a form which creates an open space
pedestrian environment, such as a comer plaza.
8. Site and design buildings and parking areas to minimize pedestrian/vehicle
conflicts.
9. Wherever possible, locating parking to the rear or to the side of buildings, and
entries on side streets and alleys.
B.ARCIDTECTURAL THEME. No specific architectural theme is recommended for the
Central Balboa area. The intent is to preserve the historic character of the area, maintain
harmony with the existing structures, and allow opportunities for architectural diversity. Design
shouldtherefore focus onproviding apedestrian scale andutilizematerials and features consistent
with the historic structures in the area, with the Balboa Pavilion and the Balboa Inn serving as
focal points. Architectural elements that may be applied to achieve this objective include:
1.Commercial structures which face public streets should be designed to create
visual interest and a pedestrian scale along street-facing facades and a harmonious
relationship between buildings.
2. Walls abutting pedestrian walkways or sidewalks of commercial areas should be
primarily non-reflective glass affording views of merchandise and store within.
Avoid large blank walls and long stretches of walls without windows.
3. Storefronts should provide attractive and varied window displays, including, but
not limited to, window recesses, special trim, mullions, and multi-pane glass.
4. Where appropriate, awnings or other devices for weather protection should be .
encouraged. Such devices should relate to the overall scale of architectural
details.
5. Exteriors materials and finishes should be in keeping with the historic character
of the area. Natural materials which provide texture and visual interest, such as
brick, wood, unpolished stone and stucco, are encouraged. Use of reflective glass,
metal panels (with the exception of decorativeroofing), plastic materials, splitface
C.
Page 180·5
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
block,exposed concrete block and other exterior materials which are similarly out
of character with the area should be avoided.
6.Exterior colors should be those which arein keeping with the established character
ofthe area.The dominant color of the building should relate tothe inherent color
ofits exterior material.Subdued colors are recommended for the overall color
theme.Bright and excessively dark colors should be limited to accents intended
to enhance the overal1 appearance of the building.
7.The use of decorative lighting to accent rooflines and architectural elements is
encouraged.
CIRCULATION AND PARKING.
1.Circulation and parking design and improvements are intended to achieve the
following:
a.Minimizing traffic congestion and ensuring access tothe beach and bay for
residents and visitors.
b.Avoiding the channeling of non-residential traffic into residential areas.
c.Minimizing conflicts with pedestrian movement and bicycle transportation.
d.Discouraging "cruising"in the commercial district and onthe Peninsula.
e.Providing adequate,accessible parking for private and public uses.
f.Avoiding the locating of bus stops and layover areas adjacent to residential
areas.
2.The above objectives can be achieved by applying the following guidelines to
circulation and parking improvements:
a.Directing non-residential traffic offof Balboa Boulevard to parking areas
and other destination points while within the boundaries ofthe commercial
district.
b.Minimizing traffic on Main Street while maintaining adequate access to
businesses and services.
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
c. Establishing parking standards for private developmentthat are consistent
with the unique needs and the physical constraints of the area.
d. Establishingtimelimits for on-streetpublicparking that are consistentwith
the parking durations typical for business districts.
e. Configuring public parking facilities to maximize availableparking, while
providing adequate landscaping and minimizing encroachment into open
space areas.
f.Configuring public parking facilities to provide parking areas and time
limits that meet business and recreational needs.
g. Providing parking areas and programs oriented to the needs of area
residents.
3. Circulation and parking improvements shall be in association with the
establishment of a system of remote parking areas and a shuttle service.
STREETSCAPE.
1.Streetscape design and materials are intended to achieve the following:
a. Enhance the visual quality of the CentralBalboa area while reinforcing its
. recreational and historic character.
b. Encourage pedestrian activity.
c. Promote bicycling for transportation and recreation.
d. Reduce visual clutter createdby street fixtures, signs and graphics in order
to enhance the aesthetic quality of the area and to facilitate the flow of
vehicular traffic.
e. Clearly delineate the boundaries of the commercial area and discourage
commercialand recreationalactivitiesfrom intruding into residentialareas.
2. The above objectives can be achieved by applying the following guidelines to
street improvements:
a.
b.
c.
d.
e.
f.
g.
h.
Page180·7
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
Enlarged Pedestrian Areas.Enlarged pedestrian areas should be provided
by extending sidewalks to create "bulb-outs"at selected intersections.
Paving.Decorative paving treatments should be used to breakup large
areas of concrete;to differentiate pedestrian areas and walkways;to
identify building entrances and driveways;to accent tree wells,lighting
fixtures andbus stops;andto add visual interest.
Bollards,Bollards should be provided where appropriate to provide
separation of pedestrian and vehicular areas.
Street Lighting.Streetlight fixture designs should be reflective of the
historic character of the area.Street light fixtures should be kept to a
pedestrian scale (12to 18 feet).Streetlight fixtures should accommodate
vertical banners forusein identifying the commercial areaand promoting
civic events.
Street Furnishings.Benches,kiosks,trash receptacles,planters and other
street furnishings should be of design and materials consistent withthe
character of the area.Wherever possible,street furnishings should be
consolidated to avoid visual clutter and facilitate pedestrian movement.
Signs and Graphics.Wherever possible,traffic control,directional and
other public signs should be consolidated and grouped with other street
fixtures and furnishings to reduce visual clutter andto facilitate vehicular
and pedestrian movement.A system of directional signs should also be
established to direct traffic within the commercial district and away from
residential areas.A graphic denoting the Central Balboa area should be
incorporated into the standard street name signs used within the Specific
Plan District.
Street Trees.Streettrees should be used to provide shade,soften building
forms,andto enhance the street environment.However.the height and
density ofthe leaf canopy should not overly obscure adjacent businesses.
Flush-mounted tree wells with steel grating and/or brick surfaces should
be used to protect the trees,andto allow free pedestrian movement.
Entry Signs.Entry signs,such as ornamental arches,banners,or similar
structures,should be constructed on Balboa Boulevard at Adams Streetand
at A Street.
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
i.Utilities. The undergrounding of all existing overhead utilities, including
electricpower, telephone and cabletelevision, is recommended to improve
the visual quality of the streetscape and to eliminate the need to prune
street trees away from power lines.
3. Main Street's storefront character, pedestrian orientation and tree-lined canopy
should be preserved and enhanced.
4. Palm Street shouldbe improved to emulateMain Street's setting.This will provide
a major pedestrian link from the Balboa Pier parking lot to the Balboa Island
Ferry. This will also create a major pedestrian loop through the area via Palm
Street, the East Ocean Front boardwalk, Main Street, and the Edgewater Place
Public Walk.
5. Adams Street, East Balboa Boulevard, East Bay Avenue and Washington Street
should be improved with enhanced sidewalk treatments and street furniture and
fixtures to promote pedestrian activity and create active shopping streets. These
streets will also serve as secondary pedestrian corridors.
LANDSCAPING.
1.Landscaping should serve as a unifying element within the Central Balboa area.
The landscape palette should provide continuity, yet allow opportunities for
creativity, contrasts and variety.
2. Landscaping should complement architectural design. Landscaping can be used
to identify building entrances, bring building elements to a human scale, soften
building exteriors, and to provide interesting shades and shadows.
3. Landscaping should be used to support the pedestrian environment. Landscaping
can be used to separate outdoor dining areas from pedestrian areas, provide
pedestrians with protectionfrom the elements, and addvisual interestto pedestrian
areas. Along storefronts, the use of plants and flowers in raised planters, window
boxes and other containers is encouraged.
4. Where appropriate,landscapingshouldbe usedto screen parking, loading,storage,
service and utility areas from public view, while maintaining safe sight distances.
5. In parking areas, landscaping should be used to break-up expanses of pavement,
provide separation from pedestrian areas, and to create canopies and shade.
Page 180-9
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
6.The use of water conservation design concepts,such as xeriscape and drip
irrigation,should be encouraged.
7.Landscaping in public areas near the beach and bay should be chosen for their
aesthetic qualities,low maintenance requirements,andtheir ability to withstand
strong prevailing winds and salt-laden air.
20.65.030 RETAIL AND SERVICE COMMERCIAL,SP-8 (RSC)DISTRICT.It is
the intent ofthis section to provide for retail sales,personal service,commercial,and professional
uses thatoffer service to the area residents and visitors.
A.USE OF LAND OR STRUCTURES.Uses permitted in commercial districts anduses
permitted upon the approval of the Planning Director,Modifications Committee,or Planning
Commission shall be as provided in Table 20.65.
B.SPECIAL FINDINGS AND CONDITIONS FOR FOOD USES.In addition to the
findings established in Chapter 20.72,the Modifications Committee,Planning Commission,or
City Council,asthe case may be,shall make the following findings inorderto approve a drive-
in,take-out or specialty food service use:
1.Thatthe operator of the food service use witl be responsible for the clean-up of
all on-site and off-site trash,garbage andlitter generated bythe use.
2. Thatthe operator of the food service use has submitted Ii practical program for
monitoring and implementing the clean-up of siteand adjacent areas.
20.65.035 COMMERCIAL DISTRICT DEVELOPMENT STANDARDS.The
following standards shall apply to all properties and developments in the SP-8 (RSC)District as
set forth herein:
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
"_40%01 --'r-Frontage -,OR
1_8'-
"_40%01 .....jr-Frontage
Comer Setback: On comer
lots, the first floor of a
building shall not extend
beyond an imaginary line
that connects a point on
each of the street front
property lines which is
distant from the corner
property line by a length of
eight (8) feet.
1.First Floor Front Yard Setback(Interior Lots): Aminimum offorty percent (40%)
of the first floor building face 'shall be set back an average of three (3) feet from
the front setback line on interior lots.
SETBACK REQillREMENTS.
2. Side Yard Setback: Where the side of a lot abuts a residential district, a minimum
setback of five (5) feet shall be maintained.
4. Alley Setback: Where a rear-lot line adjoins an alley with a width of less than
twenty (20) feet, a setback of ten (10) feet shall be maintained.
3. Rear Yard Setback: Where the rear of a lot abuts a residential district, a minimum
setback of five (5) feet shall be maintained.
5.
A.
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(CENTRAL BALBOA)
Chapter 20.65
6.Bulkhead Setback:A minimum setback often (10)feet shall be maintained from
the bulkhead line.
B.REQUIRED BtnLDING LINES.A minimum of sixty percent (60%)of the building
surface facing East Balboa Boulevard,Main Street and Palm Street shall be located within five
(5)feetofthe property line.
Street
C.REQUIRED VERTICAL ARTICULATION.No watl surface adjacent to a public street
shall run inone continuous direction for more than fifty (50)feet without a recess or offset break
measuring at least five (5)feet in depth and at least ten (10)feet wide.Cornices,eaves,
ornamental features,raised planters upto 18 inches and open balconies and stairs may project
into this area.
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2. Opaque, reflective or dark tinted glass shall not be permitted.
26'i
19'
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
l
1.Not more than forty percent (40%)of any exterior building elevation above the
first floor shall consist of glass or a similar material.
E. BUILDING MATERIALS.
D. REQUIREDHORIZONTAL ARTICULATION. Walls adjacent to any public street shall
be setback at least one and one-half (1.5) feet for every foot in excess of nineteen (19) feet above
grade. Twenty percent (20%)of thelength of the building facade may exceed the nineteen (19)
foot height limit up to the height limits specified in Chapter 20.02, in order to accommodate
towers, spires, cupolas, dormers, gables, and chimneys.
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1.Residential uses are permitted onthe second floor or above only.
6.The residential portion of the structure shall be limited to a maximum floor area
ratio of 0.75.
1.5 spaces,including 1 covered,for studios and one-bedroom units upto
750 square feetin floor area.
8.Off-street parking for residential uses shall be provided in accord with the
following scheduler
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Resldentin!Density
1 unitper 1,500 sq.ft of land area
1 unit per 1,250 sq.ft.of land area
Consolidnted L'II1d An!n
5,000 •15,000 sq.ft.
15,000 sq.ft.or more
5. The commercial or retail portion shall be limited toa floor arearatio between 0.25
and 0.50.Commercial or retail portions with floor area ratios of less than 0.25
shall requite a use permit as specified in Chapter 20.07.
4. The total gross floor area and building bulk in all structures on any site shall be
specified in Chapter 20.07.
2. A minimum of 2,375 square feet of land areais required for each dwelling unit,
provided,however,that a minimum of one (1)dwelling unit per lot shall be
permitted.
3.Developments inthe SP-8 (RSC)District which consolidate existing legal lotsto
provide unified site design shall be granted a density bonus in accordance with the
following schedule:
Page 180-13
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
7. A minimum ofone hundred (l00)square feet of outdoor living space per dwelling
unit shall be provided.This outdoor living space area shall have a minimum
dimension in any direction of at least six(6)feet and shall be open to the sky or
open on at least one side.Architectural features may project into this area as
permitted in Section 20.65.070 (A)of this Chapter.
F.RESIDENTIAL DEVELOPMENT.Residential uses shall be permitted above the first
floor.The following standards apply to residential units above commercial or retail uses:
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
2 spaces, including 1 covered, for units with,2 bedrooms or more or for
units with floor areas in excess of 750 square feet.
SIGNS. The following standards shall apply to all signs within the SP-8 (RSC) District:
1. Wall Signs.
a. Number. Single tenant buildings shall be permitted one (1) primary wall
sign.Multi-tenant buildings shall be permitted one (1) wall sign per
business.
b. Area. Two (2) square feet of sign area for each lineal foot of frontage, up
to one hundred (100) square feet.Frontage is computed on an individual
basis in multi-tenant buildings. Building frontage shall be measured along
that side of the building for which the sign is proposed.
c. Length. The length of a primary wall sign shall not exceed eighty percent
(80%)of the building frontage.
d. Secondary Signs (including logos). Single tenant buildings shall be
permitted two (2) additional secondary wall signs of twelve (12) square
feet each.
2. Ground Signs.
a. Frontages. Ground .signs shall be permitted only on properties with a
minimum frontage of one hundred (100) feet.
b. Area, The area of ground signs shall not exceed forty (40) square feet
(single face).
c. Height. The height of ground signs shall not exceed four (4) feet.
3. Awning/Canopy/Shade Signs.
a. Area. Signs may be placed on the outer faces of an awning, canopy, or
shade if they are made a part thereof and do not exceed thirty percent
(30%)of the exposed surface area.
b. Placement. Signs placed perpendicular to the building face under an
awning, canopy, or shade will be permitted at each building entrance
provided each sign doesnot exceed six (6) square feet (single face) and the
4.
s.
6.
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
bottom of each sign shall be clear of the sidewalk by not tess than eight
(8)feet.
c.Materials.Awnings,canopies,and shades shall be constructed of
non-combustible frames.Awning,canopy and shades coverings shall
consist of an opaque fabric,tested and classified as nonflammable.
d.Illumination.Awning,canopy,and shade signs shall be illuminated from
exterior lighting sources only.
Marquee Signs.
a.Area.Signs may be placed on the outer faces of a marquee.if they are
made a part thereof and do not exceed the limitations of a marquee.
Cutout letters,up to eighteen (18)inches in height,maybe installed on top
of marquees.
b.Placement.Signs placed perpendicular to the building face under a
marquee shall be permitted at each building entrance provided each sign
does not exceed six (6)square feet (single face)and the bottom of each
sign shall be clear of the sidewalk by not less thaneight(8)feet.
Window Signs.
a.Number.One (1)per window
b.Size.No permanent window sign shall cover more than twenty percent
(20%)of the visible window area.
c.Materials.Permanent window signs shall be applied directly to the
window surface and shall be limited to individual lettering and transparent
or translucent logos.
Projecting Signs.
a.Number.One (1)projecting sign shall be permitted per building face.
b.Area.Two (2)square feetfor each lineal footof building frontage,notto
exceed twenty-five (25)square feet (single face).
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Temporary Signs.
Special Pumose Signs.
f. Illumination. Projecting signs shall be illuminated from exterior lighting
sources only.
l'2' 3' 4'
Distance Above Sidewalk or
Grade Immediately Below
Sign.
Maximum Projection Over
Property Lineor Building
Line.
Page 180-16
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
c. Clearance and Height. The bottom of the sign shall be clear of the
sidewalk by not less than eight (8) feet. The maximum height of the sign,
excluding supporting structure, shall be sixteen (16) feet.
d. Projection. No sign shall project more than four (4) feet over public
property and may not project to within two (2) feet of the curb line.
Subject to all limitations in this Chapter,the distance any sign may project
over public property or beyond the building line is governed by the
following table:
c. Accessory Signs. Signs displaying business hours, credit cards, and other
such items shall not exceed a cumulative square footage of two (2) square
feet.
e. Thickness of Projection. The thickness of any portion of a sign which
projects over public property or beyond a building line shall not exceed
three (3) inches.
b. Directory Signs. Multi-tenantbuildings shallbe permitted one (1) twenty--
five (25) square foot wall or freestanding building directory sign listing
tenants.
a. Directional Signs. Signs used to give direction to traffic or pedestrians or
give instructions as to special conditions shall not exceed a total of six (6)
square feet (single face) in area and may be permitted in addition to the
other signs listed in this section in instances where necessary for traffic
safety reasons. Said signs shall not contain names, logos, or advertising
messages.
8.
7.
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SPECIFIC PLAN
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Chapter 20.65
a.Number.One (1)per building or building site,not including temporary
window signs.
b.Size.No temporary sign shall exceed sixty (60)square feet in area.
Temporary signs of rigid material shall not exceed twenty-four (24)square
feetin area,or six (6)feet in height.A temporary window signshallnot
cover more than twenty percent (20%)of the visible window area.
c.Duration.Temporary signs may remain in place for a period not
exceeding two (2)thirty (30)day periods per calendar year.
9.Design Criteria.
a.Signs permitted under this section are subject to the crlteria set forth in
Section 20.06.070.
10.Permits.
All signs,consistent with this section,or approved by all Exception Permit,
including temporary window signs,shall be required to obtain a sign permit from
the Building Official.
11.Exceptions.
a. The Modifications Committee shall have the authority to approve
modifications from any of the provisions of Section 20.65.035 (G) in
accordance with the provisions of Chapter 20.81.
12.Non-Conforming Signs.
a.Signs existing at time of adoption of this Chapter which do not comply
with the provisions hereof shall be regarded as legal nonconforming signs
and shall be subject to the provisions of Section 20.06.110.
H.LANDSCAPING.The following landscape standards shall apply toall properties within
the SP·8 (RSC)District:
1. A minimum of eight percent (8%)of thesite shall be landscaped.Upto one-half
of the site's landscaping may be in the form of decorative paving,such as brick,
stone or tile.
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Page ISO-IS
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
2. In exterior parking areas in excess of seventy-five hundred (7,500) square feet, a
minimum of five percent (5%) of the parking area shall be devoted to planting
areas distributed throughout the parking area. Parking area landscaping may
contribute towards meeting overall site landscaping requirements.
3. Exterior parking areas shall provide a perimeter planting area a minimum of three
(3) feet wide when the perimeter line abuts a public street, five (5) feet when the
perimeter line abuts a residential district.
4. In exterior parking areas in excess of seventy-five hundred (7,500) square feet, a
minimum of one (I)tree for every six (6) spaces shall be distributed throughout
the exterior parking lot.
5. Landscaping shall be provided on the upper floors of parking structures where
these structures are visible from public streets, pedestrian pathways, or adjacent
buildings.
1.REFUSE STORAGE AREAS. Refuse storage areas shall be screened on all sides by a
six (6) foot solid wood or masonry wall, or located within a building.
20.65.040 RESIDENTIAL DISTRICTS.It is the intent of this section to preserve
the existing residential districts within the Central Balboa Specific Area Plan area, and to
maintain the development standards that have guided the orderly development of these districts.
A.USE OF LAND OR STRUCTURES.Uses permitted in commercial districts and uses
permitted upon the approval of the Planning Director, Modifications Committee, or Planning
Commission shall be as provided in Table 20.65.
20.65.045 RESIDENTIAL DISTRICTS DEVELOPMENT STANDARDS. The
following standards shall apply to all properties and developments in the SP-S (R-2), SP-S
(MFR), and SP-S (RP) Districts set forth herein:
A.SETBACK REQUIREMENTS.
1.Front Yard Setback: A front yard setback area of five (5) feet shall be required,
except for the south side of the SOO block of East Bay Avenue, which shall have
a setback of ten (10) feet.
2. Side Yard Requirements: Each side yard'shall not be less than three (3) feet wide
on building site forty (40) feet wide or less, or four (4) feet on lots wider than
B.
C.
D.
Page 180·19
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
forty (40)feet;provided,that the sideyard on the rear twenty (20) feet of the
streetsideof a comerlot,where thereis reversed frontage,shall notbe less than
the front yard required or existing onthe adjacent reversed frontage.
3. RearYard Setback:A minimum ten (10)foot setback areashallbe maintained.
4.Alley Setback:Where a rear-lot line adjoins an alley,a setback of five(5) feet
shall be maintained.
MINIMUM SITE AREA PER DWELLING UNlT.For each dwelling unit in any
building or group of buildings,the minimum siteareashallbe as provided below:
1.SP-8 (R-2)A minimum of one thousand (1,000)square feet of land area.
2.SP-8 (MFR):A minimum of twelve hundred (1,200)square feet of land area.
3.SP-8 (RP):A minimum of one thousand (1,000)square feetof land area.
Notwithstanding any other provision of this section,at leasttwo dwelling unitsmay be
permitted on any lotor parcel which was legally in existence asof October 24,1988,and
which has a land area of at least twenty-four hundred (2,400)square feet.
OPEN SPACE
Open space shall be provided in addition tothe required setbacks and separations between
detached structures.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 (6) feet and maybe
provided anywhere on the lot behind the required setback lines.This openspaceshall
be openon at leasttwo (2)sides and shall havea minimum dimension in any direction
of at leastsix (6)feet,except as indicated in this section,and may be used for outdoor
living area.Open space witha dimension of less than six(6) feetin any direction may
be included inthe required volume ofopen space,provided thatsaid space is contiguous
to required open spacethat provides a minimum six (6)foot dimension in any direction.
Roofs,balconies,decks,patios,cornices,exterior stairways with open risers and open
railings,and architectural features may project intothis area.This additional openspace
maybe provided on any levelor combination of levelsand may extend across the entire
structure of any portion thereof.
COMMERCIAL USES IN THE SP·8 (RP)Commercial uses shall be permitted in the
SP-8 (RP)District subject to the following provisions:
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Page 180-20
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
1.Commercial uses are permitted on the ground floor only and on the front fifty
percent (50%) of the lot.
2. The commercial portion shall be limited to a floor area ratio of 0.25.
3. The total gross floor area for all structures on any site shall not exceed 2.00.
4. Off-street parking for commercial uses shall be as specified in Section 20.65.070
(E).
20.65.050 GOVERNMENTAL,EDUCATIONAL AND INSTITUTIONAL
FACILITIES, SP-8 (GEIF) DISTRICT It is the intent of this section to provide for the orderly
development of public, quasi-public, and institutional uses, or the expansion of existing facilities,
within areas designated for these uses in the Land Use Element of the General Plan.
A.USE OF LAND OR STRUCTURES.Uses permitted in the Government, Educational and
Institutional District and usespermitted uponthe approval of the Planning Director, Modifications
Committee, or Planning Commission shall be as provided in Table 20.65.
20.65.055 GOVERNMENTAL,EDUCATIONAL AND INSTITUTIONAL
FACILITIES DISTRICT DEVELOPMENTSTANDARDS. The following standards shall apply
to all properties and developments in the SP-8 (GEIF) District as set forth herein:
A. SETBACK REQUIREMENTS. The Planning Commission, or City Council upon review
or appeal, shall establish front, side, and rear yard setback requirements for each proposed
development in conjunction with the approval of a use permit.
20.65.060 OPEN SPACE, SP-8 (OS) DISTRICT It is the intent of this section 10
prohibit intensive urban development of those areas of the City designated for recreational and
environmental open space in the Land Use Element of the General Plan.
A. USE OF LAND OR STRUCTURES. Uses permitted in the Open Space District and uses .
permitted upon the approval of the Planning Director, Modifications Committee, or Planning
Commission shall be as provided in Table 20.65.
20.65.065 OPEN SPACE DISTRICT DEVELOPMENT STANDARDS. The
following standards shall apply to all properties and developments in the SP-8 (OS) District as
set forth herein:
1.Cornices,eaves,ornamental features,window boxes:two (2)feet,provided such
features shall not project closer than two (2)feet from a side property line.
4.Open porches,patios,terraces,platforms,decks and subterranean garages,not
more than three (3)feet in height:three (3)feetin a sideyardor rear yard.
1. The encroachment is consistent with the goals,policies,and objectives of the
specific area plan.
2. The design and materials of any structures encroaching intothe public right-or-
way shall be consistent with those of surrounding properties and standards
established bythe specific area plan.
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GENERAL REGULATIONS20;65.070
S.Marquees,awnings,and shades:to the front property line.
6.Columns,vertical supports and raised planters upto eighteen (18)inches in height,
covering no more thanten percent (10%)of the comer setback area.
2. Bay and greenhouse windows,located on the first floor andnot exceeding eight
(8)feetin width:two (2)feet,provided such features shall not project closer than
two (2)feet from a property line.
3.Raised planters upto eighteen (18)inches in height:eighteen (18)inches,except
in an alley setback.
Page 180-21
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
A.SETBACK REQUIREMENTS.The Planning Director or Planning Commission,or City
Council upon review or appeal,shall establish front,side,andrearyard setback requirements for
each proposed development.
A.PROJECTIONS INTO SETBACK YARDS.Projections into required setbacks shall be
permitted as specified below,provided that encroachments into alley setbacks shall
provide a minimum ground clearance of eight (8)feet.
B.PRIVATE ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY.Private
encroachments into the public right-of-way may be permitted in accordance with City policy,
provided further such encroachments arein compliance with the following criteria:
5. Such devices displaying advertising shall be subject to the sign regulations
contained in this section.
3. Such devices shall not extend more than three (3) feet above or below the floor
to which it is attached.
2. Such devices meet with the construction, projection and clearance requirements
of the Uniform Building Code.
1.The owner of the property has applied for, and received, an encroachment permit
issued by the Public Works Department.
1 parking space/350 sq. ft.of gross
floor area.
1 parking space/50 sq. ft.of net
public area; 1 parking space/35 sq. ft.
of net public area when live.
entertainment is present.
Up to 200 sq. ft.of restaurant
outdoor seating is permitted without
providing additionalparkingprovided
the area faces and is open to a public
street.
Retail Stores and Specialty Food Uses:
Restaurants:
Page 180-22
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
4. Awnings, canopies, and shades shall be constructed of non-combustible frames.
Awning, canopy and shades coverings shall consist of an opaque fabric, tested and
classified as nonflammable.
a.
b.
C. AWNINGS, CANOPIES, AND SHADES. Awnings, canopies, and shades may extend
over public property, subject to the following conditions:
D. SCREENING OF MECHANICAL EQillPMENT.All exterior mechanical equipment,
except solar collectors shall be screened from view on all sides. Screening materials may have
evenly distributed openings or perforations averaging fifty percent (50%)
E. OFF-STREET PARKING. Off-street parking shall be provided on the building site as
specified in Chapter 20.10 for residential districts and in Chapter 20.33 for non-residential
districts, except as provided in this section.
1. Off-Street Parking Required
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2.Special Provisions For Tandem Parking
1.FloorArea Ratio BQnus for Lot Consolidation.
F.BULKHEADS.All bulkheads shall be constructed to an elevation of nine(9)feet above
mean lowwater (6.27 feet above mean sea level).
Tandem parking uptoa maximum oftwo (2)vehicles in depth shallbe permitted, subject
to the following conditions:
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FAR Bonus
0.05
0.10
Consolidated Land Area
7,500 -15,000 sq.ft.
15,000 sq.ft. or more
Developments in the SP-8 (RSC)District which consolidate existing legal lotsto provide
unified site design shall be granted a floor area bonus in accordance with the following
schedule:
Page 180·23
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
a. In the SP-8 (RSC)District,signs shall be posted on the business frontage which
advises patrons of the availability and location of parking spaces.The location,
sizeand color of the signs shall be approved by the Planning Director.
b. In mixed use development,the enclosure of parking maybe permitted, subject to
the conditions specified in Section 20.30.030 (C).
3. Roof Parking
In the SP-8 (RSC)District,the parking of vehicles onthe roofof a building is permitted
with the approval of a use permit.
2.Conversion of Uses.
G.FLOOR AREA RATIO,BUILDING BULK AND BUILDING HEIGHT.Thetotal gross
floor area and building bulk contained in all buildings on a buildable site in any commercial
district shall be as specified in Chapter 20.07,except as provided in this section.The building
height limit shall be as specified in Chapter 20.02.
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Page 180-24
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
ThePlanning Director may approve the conversion of a lawfully existing Maximum FAR
use to a Base FAR use or to a Reduced FAR use, or the conversion of a Base FAR use
to a Reduced FAR use upon finding that:
a. A significant portion of the traffic generated by the use originates within a mile
of the site; or
b. A significant portion of the traffic generated by the use consists of pass-by traffic
or traffic that is diverted less than a mile from its primary destination; or
c. The scope and scale of the use is such that it does not constitute a significant
increase in the traffic generation potential; or
d. That the use's operational characteristics are such that the conversion will not
result in a significant increase in the traffic generation potential. Such
characteristics include, but are not limited to, hours of operation, the type of goods
or services offered, and the composition of its principal clientele.
The Planning Director may require the applicant to provide survey data or other
information substantiating the request for the conversion.
H. PUMP-OUT FACILITIES REQUIRED. On waterfront sites where the proposed use
includes public marinas, yacht clubs, boat charters or rentals, sports fishing establishments,
commercial fishing facilities, marine service stations,gas docks,boat launching facilities,or other
similar uses, either public or private, boat holding tank pump-out facilities shall be provided in
each case, unless otherwise approved by the'Planning Commission or City Council on review or
appeal of a site plan review or use permit. Said pump-out facilities shall have adequate capacity
to accommodate all vessels anticipated at each site. Prior to the issuance of building permits, the
Marine Director shall approve all plans and specifications of pump-out facilities.
I.PUBLIC ACCESS TO BAY FRONT. In approving a site plan review or granting a use
permit for development on a building site with frontage along the bay, the Planning Commission
or City Council, upon review or appeal, shall require the dedication of vertical and lateral public
access easements, except where adequate public access already exists or where the provision of
access is inconsistent with public safety or the protection of fragile coastal resources.The.
following standards shall be applied to all lateral and vertical public access easements:
1.Public access easements shall be a minimum of six (6) feet in width.
2. Public access easements may be provided within required setback areas.
A.Commercial structures in Sp-8 (RSC)District that have been rendered
nonconforming due to gross floor area or parking may be permitted structural alterations
or demolition and reconstruction,involving up to one hundred percent (100%)of the
existing gross floor area.subject to the following conditions:
3.
20.65.080
Page 180-25
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
All dedicated public access easements shall be recorded with the Orange County
Recorder's Office ina manner satisfactory tothe Public Works Department.(Ord.
90-24,June 28,1990;Ord.89-19,Sept.l3,1989;Ord.86-7,May 28,1986)
RECONSTRUCTION OF NONCONFORMlNG StRUCTtJRES.
1.Verification by the Planning Director of the gross floor area of the
structure legally in existence shall be required prior to the issuance of
building permits for alteration or reconstruction.
2.Alteration or reconstruction of structures shall conform with all current SP-
8 (RSC)District land use regulations and development standards,with the
exception of floor area ratios and required parking for commercial uses.
3.Residential development shall be permitted within the preexisting gross
floor area limits structure area pursuant to Section 20.65.035 (F)of this
Chapter.
4.Off-street parking for residential development shall be provided on the
building siteas specified in Section 20.65.035 (F-7).
5.Alteration or reconstruction shall not result in a reduction in the amount
of off-street parking that existed on the site prior to alteration or
reconstruction.
6.Reduced FAR.uses legally in existence within a period ofsix(6)months
prior to alteration or reconstruction shall be permitted provided there isno
increase in floor area devoted to those uses.AU new uses shall be limited
to base FAR.and maximum FAR.uses.
7. A Coastal Residential Development Permit (CRDP)shall be required
pursuant to the provisions of Chapter 20.69 should the alteration or
reconstruction of structures result in the following;
a.The demolition or conversion of eleven (11)or more dwelling units
in two or more structures;or
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SPECIFIC PLAN
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Chapter 20.65
b. The demolition or conversion of three (3) or more dwelling units
in one structure; or
c. The construction of ten (10) or more new dwelling units.
B. COMBINING OF LOTS AND PARCELS. Lots and parcels in SP-8 (RSC)
District with commercial structures that have been rendered nonconforming due to gross
floor area or parking may be combined and structural alterations or demolition and
reconstruction of said structures into new designs and configurations may be permitted
provided the provisions of this Section are met and the owner or owners of said lots or
parcels has caused to be executed and recorded a covenant and agreement to hold said
lots or parcels as a single'building site.
20.65.090 PUBLIC IMPROVEMENT COMPONENT.The following are the public
and private improvement projects for the Central Balboa Specific Area Plan area. Projects are
listed by priority, with a general description of each project.
The City's ability to fund its share of each project, where applicable, is based upon the
allocation of limited financial resources throughout the City. Each year during the preparation
of the City's annual budget, the City Council will determine which projects or portion thereof are
to be funded by the City, their costs, and specific schedule for implementation. For those
projects using gas taxes or other sources of revenue for a portion of the funding, the specific
projectsto be funded must also be determined annually, based upon the availability of funds and
demand from other projects throughout the City.
Design and materials shall be determined through the capital improvement program
process. This shall include public meetings to receive comments from affected parties. Final
approval of plans, including, but not limited to streetscape improvements, significant alterations
to the Balboa Pier parking lot, and traffic signalization on Balboa Boulevard, shall be made by
the City Council.
A. PRIORITY I: IMPLEMENTATION WITHIN TWO YEARS
1.BALBOA BOULEVARD, MAIN STREET, A STREET SIDEWALK
IMPROVEMENTS
Install sidewalk improvements on the north and south sides of the 500, 600, 700,
and 800 blocks of Balboa Boulevard; the east and west sides of the 100,200, and
300 blocks of Main Street; the north and south sides of the 800 block of East Bay
2.
3.
4.
5.
6.
Page 180-27
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
Avenue;and the west side of the 100, 200, 300 blocks of A Street.These
improvements include 12.5%flashed brick pavers and a rock salt finish.
Additional improvements are to be installed on sidewalks at the intersections of
Balboa Boulevard and Main Street,Balboa Boulevard and Palm Street,andEast
Bay Avenue and Main Street.These improvements include 66%red flashed
pavers and rock salt finish.
Install enlarged pedestrian areas by extending sidewalks to create "bulb-outs"at
the intersections of Balboa Boulevard and Main Street and Balboa Boulevard and
Palm Streets,provided adequate turning radii and drainage can be provided.
BALBOA BOULEVARD,MAIN STREET,PALM,STREET,EAST BAY
AVENUE CROSSWALKS
Install special paving treatment at pedestrian crossings at the intersections of
Balboa Boulevard and Palm Street;Balboa Boulevard and Main Street;and at
Main Street and East Bay Avenue.-
BALBOA BOULEVARD,MAIN STREET,A STREET LIGHTING
Install decorative street light fixtures with vertical banners onthe north and south
sides ofthe 500,600,700,and 800 blocks of Balboa Boulevard;theeast and west
sides ofthe 100,200,and 300 blocks of Main Street;the north and south sides of
the 800 block ofEast Bay Avenue;and the west side ofthe 100, 200, 300 blocks
of A Street.
MAIN STREET LANDSCAPING IMPROVEMENTS
Remove existing and install new street trees onthe east and west sides ofthe 100,
200,and 300 blocks of Main Street in conjunction with planned improvements.
Existing trees shall be maintained tothe extent necessary to preserve the character
of the tree-lined canopy unless public safety or a diseased condition warrants
removal.Tree wells areto be flush-mounted with steel grating with brick paver
trim and/or brick surfaces.
MAIN STREET FURNISHINGS
Install new benches and trash receptacles on the east and west sides of the 100,
200,and 300 blocks of Main Street.
UNDERGROUND UTILITIES ON BALBOA BOULEVARD,MAIN STREET,
A STREET
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
Undergrounding of aU existing overhead utilities, including electric power,
telephone and cabletelevision, in the 800 block of East Bay Avenue;the west side
of the 200 and 300 blocks of A Street; and in the aUeys contained in Blocks E,
P, and Q.Undergroundingincludes electricpower, telephone and cable television,
provision of underground utilities to the property line, where a connection would
be made to existing service above ground.
7. TRAFFIC CONTROL AND DIRECTIONAL SIGNS ON BALBOA
BOULEVARD, MAIN STREET,EAST BAY AVENUE, AND A STREET
InstaU traffic control, directional and other public signs on the 500, 600, 700, and
800 blocks of Balboa Boulevard; the 100, 200, and 300 blocks of Main Street; the
800 block of East Bay Avenue; and the 100, 200, 300 blocks of A Street.
8. BALBOA BOULEVARD ENTRY
InstaU entrysigns or semi-permanentbanner onBalboa Boulevard at AdamsStreet
and at A Street.
9, BALBOA PIER PARKING LOT IMPROVEMENTS
Modify the configuration of the Balboa Pier parking lot to provide the foUowing:
a. A net gain of approximately 109parking spaces without a reductionin the
number of trees dispersed throughout the parking lot.
b. Inbound circulation at Palm Street, outbound circulation at Washington
Street,if required by revised circulation plan.
c. A widened entry aisle,if required by revised circulation plan.
d. Restricting Main Street to bus, local business patron, and service vehicle
traffic,if required by revised circulation plan.
e. Relocation of the bus stop/layover to the pier area at Main Street.
f. A minimum six (6) feet wide landscaped buffer between the parking lot
and adjacent residential areas of sufficient design and materials to reduce
glare from automobile headlights without further obstructing existing
views.
PRIORITY II: IMPLEMENTATION BETWEEN TWO AND FIVE YEARS.
1.
2.
3.
4.
5.
6.
7.
8.
Page 180-29
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 2G.65
PALM STREET SIDEWALK IMPROVEMENTS
Install sidewalk improvements ontheeast and west sides ofthe 100,200,and 300
blocks of Palin Street.These improvements include 12.5%flashed brick pavers
anda rock salt finish.Additional improvements areto be installed on sidewalks
at the intersection of Palm Street andEast Bay Avenue.These improvements
include 66%red flashed pavers and rock salt finish.
PALM STREET AND EAST BAY AVENUE CROSSWALKS
Install special paving treatment at pedestrian crossings atthe intersections of Palm
Street and Balboa Boulevard andat Palm Street andEastBay Avenue.
PALM STREET LIGHTING
Install decorative street light fixtures with vertical banners on the eastand west
sides of the 100,200,and 300 blocks of Palm Street.
PALM STREET LANDSCAPING
Install street trees on the eastand west sides of the 100,200,and300 blocks of
Palm Street.Tree wells are to be flush-mounted with steel grating with brick
pavertrim and/or brick surfaces.
PALM STREET FURNISHINGS
Install benches and trash receptacles on the east andwest sides of the 100,200,
and300 blocks of Palm Street.
BALBOA PIER APPROACH IMPROVEMENTS
Install decorative paving treatments,bollards,decorative lighting,benches,kiosks,
trash receptacles,and planters and trees on the approach to the Balboa Pier.
TRAFFIC CONTROL AND DIRECTIONAL SIGNS ON PALM STREET
Install traffic control,directional and other public signs on the 100,200,and 300
blocks of Palm Street.
UNDERGROUND UTILITIES ON PALM STREET
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D.
Page 180-30
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
Undergrounding of all existing overhead utilities,including electric power,
telephone and cable television in'the 200 block of Palm Street.Undergrounding
includes provision of underground utilities to the property line, where a connection
would be made to existing service above ground.
PRIORITY III:IMPLEMENTATION WITHIN FIVE TO SEVEN YEARS.
1.EAST BAY AVENUE,WASHINGTON STREET SIDEWALK
IMPROVEMENTS
Install sidewalk improvements on the north and south sides of the 500, 600, and
700 blocks of East Bay Avenue and on.the east and west sides of the 100, 200,
and 300 blocks of Washington Street. These improvements include 12.5%flashed
brick pavers and a rock salt finish.
2. EAST BAY AVENUE AND WASIDNGTON STREET LIGHTING
Install decorative street light fixtures with vertical banners on the north and south
sides of the 500, 600; and 700 blocks of East Bay Avenue and on the east and
west sides of the 100, 200, and 300 blocks of Washington Street
3.UNDERGROUND UTILITIES ON EAST BAY AVENUE,WASIDNGTON
STREET, AND ADAMS STREET
Undergrounding of all existing overhead utilities including, electric power,
telephone and cable television, in the 500, 600, and 700 blocks of East Bay
Avenue; the 200 block of Washington Street; the 300 block of Adams Street; and
the alleys contained in Blocks B, J, and K.Undergrounding includes provision
of underground utilities to the property line, where a connection would be made
to existing service above ground.
4. TRAFFIC CONTROL AND DIRECTIONAL SIGNS ON EAST BAY AVENUE
AND WASIDNGTON STREET
Install traffic control, directional and other,public signs on the 500, 600, and 700 .
blocks of East Bay Avenue and on the 100, 200, and 300 blocks of Washington
Street.
PRIORITY IV:IMPLEMENTATION WITIDN SEVEN TO TEN YEARS.
1.UNDERGROUND UTILITIES IN REMAINING ALLEYS
Page 180·31 I
SPECIFIC PLAN I(CENTRAL BALBOA)
Chapter 20.65
I
Undergrounding of all existing overhead utilities including,electric power,
Itelephoneandcabletelevision,in the alleys contained in Blocks T andU,V and
W,X and Y,and Z and AA.Undergrounding includes provision of underground
utilities tothe property line,where a connection would be made to existing service Iaboveground.
TABLE 20.65 I
TYPE OFUSE RSC R-2 MFR RP GEIF os A"_I--I
Rcsldcntlal Uses
Single-Family Dwellings YES YES YES YES NO NO (A)I
Two-Family Dwellings YES YES YES YES NO NO (A)
Multi-Family Dwellings YES NO YES NO NO NO (A)I
Congregate Residences
ICongregateCareFacilitiesUP NO NO NO NO NO
Elderly Residential UP UP UP UP NO NO IGroupResidentialNO NO NO NO NO NO
Single Room Occupancy UP NO NO NO NO NO
Public Semi .1'Iiblle U.e.I
Churches,Synagogues,and Temples YES/IA NO NO NO UP/L·2 NO ICivicCentersNONONO NO UP/L·2 NO
Community Centers UP UP/L·3 UP/L·3
NO UP/L·2 UP
Daycare Facilities UP NO NO NO UP/L·2 NO IFireStationsandPoliceStationsUP NO NO NO UP/L·2 NO
Hospitals NO NO NO NO UP/L-2 NO
Libraries NO NO NO NO UP/L·2 NO ILodges/Community Service Organizations UP NO NO NO UP/L·2 UP
Museums NO NO NO NO UP/L-2 NO
Post Offices (Federal)NO NO NO NO UP/L·2 NO IReservoirsNONONONOUP/L·2 NO
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
I
I ......:,..........,...'"...........
TYPE OF USE RSC R-Z MFR RP GEIF OS AMUHII
Ittl'd.llo.
I Schools,Public or Private NO NO NO NO UPIL-2 NO
Social Halls
UP NO NO NO
UPIL-2 NO
I Transit Facilities UP NO NO NO UPIL-2 NO
Utility Substations,Public and Private UP UPIL-3 UPIL-3 NO UPIL-2 UP
Ani":'al Sales ~d Se"'le~s . .".,.
I
Animal Hospitals UP NO NO NO NO NO
I Pet Shops
UP NO NO NO NO
NO
Dog Groomers UP NO NO NO NO NO
I Art or Instructional Facilities
Art Studios YES NO
NO YES NO NO
I Dance Studios UP NO NO UP NO NO
Handicraft Establishments YES NO NO YES NO NO
Music/Art Studios UP NO NO UP NO NO
I Photography Studios YES NO NO YES NO NO
Private Instructional Facilities UP NO NO UP NO NO
I Automobile -Related Uses
I Auto Rental (Office Only)YES NO NO NO NO NO
Commercial Parking UP UPIL-4 UPIL-4 UPIL·4 NO NO
Municipally-Operated Parking Lots YES UP UP UP NO NO
I nanl"and Savi~g.andLoans
I Banks/Lenders YES NO NO NO NO NO
Food U~e.
I ..................
Restaurants UP NO NO NO NO NO (8)
I
Specialty Food Service PD NO
NO NO NO NO (8),(C)
Take Out Restaurants UP NO NO NO NO NO (8),(C)
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Page 180-33
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
TYPE OFUSE RSe R-Z MFR RP GEIF OS A_
.......,..~
MadrteU.e.
Bont Chnrter (Bonts Present)UP NO NO NO NO NO
Bont Snles (Boats Present)UP NO NO NO NO NO
Marine Service Stntion UP NO NO NO
NO NO
Personal SelVlee.
Acupuncture YES NO NO
YES NO NO
Barbers YES NO NO YES NO NO
Beauty Parlors YES NO NO YES NO NO
Cleaners/Luundries (Limited)YESn..·5 NO NO NO NO NO
Cleaners/Laundries UP NO NO NO NO NO
Fortune Telling YES NO NO YES NO NO
Laundromats YES NO NO NO NO NO
Massage Parlor YES NO NO NO
NO NO
Mortuaries UP NO NO NO NO NO
Repair of Small Appliances YES NO NO YES NO NO
Shoe Repair YES NO NO YES
NO NO
Tailors YES NO NO YES NO NO
Other Personal Services YES NO NO YES NO NO
'Professlonnl SelVlee...
Accountants YES NO NO YES NO NO
Attorneys YES NO NO YES NO NO
Chiropractors YES NO NO YES NO NO
Dental Office YES NO NO YES NO NO
Engineers YES NO NO YES NO NO
InteriorDecorators YES NO NO YES NO NO
Marine-Related Office,Including:YES NO NO NO NO NO
Boat Charter (Offlce Only)YES NO NO NO NO NO
BoatSales (Office Only)YES NO NO NO NO NO
Medical Office YES NO NO YES NO NO
Printers YES NO NO NO NO NO
Realtors/Escrow YES NO NO YES NO NO
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
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TYPE OF USE RSC R-2 MFR RP GEIF OS Add/If_
Rlp.lIo..
I Other 'Professional Services YES NO NO YES NO NO
I PubUc Assembly/Clubs
Auditoriums UP NO NO NO NO NO
I Service Clubs UP NO NO NO NO NO
Social Clubs UP NO NO
NO NO NO
Theaters UP NO NO
NO NO NO
I Yacht Club UP NO NO NO NO NO
Youth Centers UP NO NO NO NO NO
I Recreational Facilities
Billiard Parlors UP NO NO NO NO NO
I Gyms UP UPIL-3 UPIL-3 NO NO NO
Health Club/Aerobics Studios UP UPIL-3 UPIL-3 NO
NO NO
I Parks and Playgrounds UP UPIL-3 UPIL-3 NO NO YES
Recreational Facilities UP UPIL-3 UPIL-3 NO NO YES
I Retail Uses
, Art Galleries YES NO NO ANC NO NO
,I Appliance Stores YES NO NO NO NO NO
Bakeries YES NO NO NO NO NO
Book Stores YES NO NO NO NO NO
I Clothing Stores YES NO NO NO NO NO
Delicatessens YES NO
NO NO NO NO
Department Stores YES NO NO NO NO NO
I General Retail Sales YES NO NO NO NO NO
Gift Shops
YES NO
NO ANC NO NO
I
Hardware Stores YES NO NO NO NO NO
Jewelry Stores YES NO NO ANC NO NO
Mini-Marts YES NO NO NO NO NO
I Outdoor Sales UP NO NO NO NO NO
Pharmacies YES NO NO NO NO NO
Plant Nurseries YES'NO NO NO NO NO
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SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
The letter "L"references certain limitations prescribed under "Limitations on Specified
Uses."
Lettersin parentheses in the "Additional Regulations"column refer to "Additional
Regulations"following the table.
PO UP UP NO NO NO
(D)
UP NO NO No NO NO
UP UP
UP UP NO NO (E)
NO NO NO NO NO NO (F)
PO NO NO NO NO
NO (G)
UP NO NO NO NO NO (G)
utA NO NO NO NO
NO.
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NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
UP
UP
UP
RSC R·2 RP GEIF OS ---
YES NO NO NO NO NO
YES NO NO NO NO
NO
YES NO NO ANC NO NO
YES NO NO NO NO NO
YES NO NO NO NO NO
PERMITTED
PERMITTED IF ANCILLARY
SUBJECT TO APPR.OVAL OF THIl MODIFICATIONS COMMITTEE
SUBJECT TO THE APPR.OVAL OF THE PLANNING DIRECTOR.
PERMITTED WITH USE PERMIT
PERMITTED WITH USE PERMIT IF ANCILLARY TO AN ALLOWABLE USE
PROHmITED
YES =
ANC =
MOD =
PO =
UP =
UtA =
NO =
RetailMarineSales
Shoe Stores
Specialty Shops
Supermarkets
General Retail Sales
TYPE OFUSE
Visitor AeeomlUodlitlolts
aliter Uses
Bed andBreakfastInns
Hotels
Motels
Helistops UpTo 90 Days
Helistops Over 90 Days
Outdoor Lighting
Relocatablc Buildings
Temporal)'UsesUp To 90Days
Temporal)'Uses Over 90Days
Watchman/Caretaker Residence
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Page 180-36
SPECIFIC PLAN
(CENTRAL BALBOA)
Chapter 20.65
Limitation.on Specified Uses
L.I Freestanding structures not permitted.
Additional Regulations
G. See Section 20.33.025:Temporary Uses and Structures.
B.See Section 20.72:Restaurants.
C. See Section 20.65.030 (B):Special Findings For Food Uses.
In GEIF,approval of a Use Permit in accordance with the provisions of Chapter 20.80 of the Municipal
Code is required for the establishment of any new use permitted by this Section,or any expansion or
changes in the operational characteristics of an existing use within this zoning district,unless said use is
owned and or operated by a governmental agency that is exempted from the provisions of this Section by
constitutional or statutory law, and is acting in its governmental capacity.(Ord.88-27,August 24,1988).
L-2
F.Relocatable (portable)buildings.No building permit or relocation permit shall be issued for the erection
or placement of a rclocatable building unless the applicant for said building permit has first applied for and
obtained a use permit from the Planning Commission to maintain said relocatable building at a specific
location (Ord.1.774 (part),§3, 1978).
E. 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 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. (Ord. 1446; June 26, 1972).
A. For the RSC District,sec Section 20.65.035 (F):Residential Development.
L-4 Permitted only when adjacent to a commercial district.
L.3 Limited to facilities developed as part of a residential development.
L.5 No plant on premises,limited to collection only.
D. Heliports and helistops.No helicopter shall land or take off and no heliport or helistop shall be established
within the Central Balboa Specific Plan District unless a Use Permit shall first have been secured for the
establishment,maintenance,and operation of such use. 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 ifhe 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.
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,••
,
\
\
\
\
••
\
••
\
••
\
••
••
I
SP-8(OS)
Pacific Ocean
SP-!(GEI rn
SP-! (RSe ll;
SP-8(GEIF)
......~u ()
(I)'"~~
00 zP.."'-~~
SP-8(OS)-----..-------------~-------,-----
~............-·-..--·t
,~
~1•<
----\---------'...--~
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..~.~----
-~~,...-_.-\\
w .~\I.\\\\\.~.-~----'_...------
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Specific Area Plan #8
Central Balboa
Land Use Map
:N?wport '.Bay.r··..··..··..·· .
•--------,:::-'-=---~••-......-••_••on 0-___...._.....·~~---~---------.....-..,I ~§SP-!(RSC)-----------I
: SP-8 (RSC) SP-8(RSC)~.~:!SP-8 (RSC)~I
i ~:
•EAST DAY AVE I
-1 ~I SP-!(RP) \SP-!(RSj
\,\,1--------jl ~SP-!(R-2)~
\,I I 00\,\I ~" I .,1 ~~.(I]
\~(';§SP-8 (R-2)
\..SP-8 (R-2)~~
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L
PART VII:SPECIAL USE REGULATIONS
Chapters:
20.67 Recyclable Materials
20.68 Massage Establishments
20.69 Low and Moderate Income Housing Within the
Coastal Zone
20.70 Automobile Service Stations
20.71 Oil Wells
20.72 Restaurants
20.73 Residential Condominium Projects
20.74 Adult Entertainment Businesses
20.75 Satellite Dish Antennas
20.76 Time-Share Developments
20.77 Amateur Radio Antennas
20.78 Granny Units
20.79 Second Family Units
RECYCLABLE MATERIAlS
Chapter 20.67
A "Development Project" means any of the following:
C. "Floor area of a marina" means the space dedicated to the docking or mooring of
marine vessels.
Purpose.
Definitions.
Applicability
Requirements.
20.67.010
20.67.020
20.67.030
20.67.040
3. Any alteration or alterations to an existing commercial, industrial, or
residential building,marina, or public facility project where the existing floor
area is expanded by fifty (50) percent or more.
2. Any new public facility where solid waste is collected and loaded and any
improvements to that part of a public facilityused for collecting and loading
solid waste.
Page 180-38
RECYOABlE MA1ERIAI.S
Chapter 20.67
1. A project for which a building permit is required for a new commercial,
industrial or institutional building,marina, or residential building havingfive
or more living units where solid waste is collected and loaded, or any
residential project where solid waste is collected and loaded in a location
serving five or more livingunits.
B. "Improvement"means a physicalchangewhichadds to the value ofa facility,prolongs
its useful life, or adapts it to newuses,excluding repairs, which do not substantially extend
the life of the facility.
20.67.020.Definitions. For the purposes of this Subsection, the following
words shall have the following meanings:
20.67.010 PURPOSE.The purpose of this subsection is to establish a
comprehensiveset ofregulationsand guidelinesregardingthe requirement for specific areas
for collecting and loading recyclable materials in certain developments in the City of
Newport Beach. (Ord.95-2,February 22,1995).
Sections:
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Page 18()"39
RECYaABIB MATERJAlS
Chapter 20.67
D."Public Facility"means any building,structure,or outdoor recreation area owned by
a local agency.
E."Recycling Area (Areas for Recycling)"means any space allocated for collecting and
loading of recyclable materials,which is accessible and convenient for those who deposit as
well as those who collect and load recyclable materials.(Ord.95-2,February 22,1995).
20.67.030.Applicability.
A.All development projects for which a building permit is issued onorafter March 1,
1995,shall be required to provide adequate,accessible,and convenient recycling areas for
collecting and loading recyclable materials.
B.For purposes of this Chapter,recycling areas for collection and recycling of
commingled recyclable and non-recyclable materials which are transported toa mixed waste
processing and material recovery facility are deemed to be adequate,accessible,and
convenient.(Ord,95-2,February 22,1995).
20.67.040.Requirements.The following requirements shall be used in
evaluating all recycling areas required by this subsection:
1.An adequate number and capacity of bins or containers to allow for the
collection and loading of recyclable materials generated bythe development
shall be located within the recycling areas of development projects.
Dimensions of the recycling area shall accommodate containers consistent
with current methods of collection in the areain which the project is to be
located.Where solid waste is collected and loaded in a location serving five
or more residential living units,recycling areas are oniy required to serve the
needs ofthe living units which utilize the solid waste collection and loading
area.
2. The design and construction of recycling areas shall be compatible with
surrounding land uses,structures,topography and vegetation.Developments
and public right of way adjacent to recycling areas should be adequately
protected against any adverse impacts such as noise,odor,vectors,or glare
through measures including,but not limited to maintaining adequate
separation,fencing,and landscaping.
3.Recycling areas shall be enclosed by a masonry wall with access gates which
effectively obscures the contents placed within the enclosure.
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Page 180·40
RECYQABlE MA1ERIAI.S
Chapter 20.67
4.Recycling areas shall be secured to prevent the theft of recyclable materials
while allowing authorized persons accessfor disposal of materials.
5.Recycling areas or the bins or containers placed therein shall provide
protection against adverse environmental conditions which might render the
collected materials unmarketable.
6.Driveways or travel aisle shall be unobstructed and provide access for any
solidwaste hauler's collectionvehiclesand shall provide minimum clearance
for vehicles utilized by the solidwaste haulers.
7. The designand constructionof recycling areas shall meet all applicablezoning
setback requirements and shall not be located in any area required to be
constructedor maintainedunencumbered,accordingto anyapplicablefederal,
state, or local laws relating tofire,access,building,transportation,circulation,
or safety.
8. Any recycling areas shallbe located to be convenient to persons whodeposit,
collect, and load the recyclable materials. Whenever feasible, areas for
collecting and loading recyclable materials should be adjacent to, or
developed in conjunctionwith, the solid waste collection areas.
9. A signclearly identifying all recycling and solidwaste collection and loading
areas and the materials accepted therein should be posted adjacent to all
points of direct accessto the recycling area.
10. All areas for loading and collectingrecyclablematerials are subject to review
by the Planning and/or BuildingDepartments.
(Ord.95-2,February 22,1995).
CHAPTER 20.68
MASSAGE ESTABLISHMENTS
20.68.010 Definitions.As used in this Chapter,the followingterms shall have
the meanings indicated:
Page 181
MASSAGE ESTABLISHMENTS
Chapter 20.68
Intent And Purpose.
Definitions.
Massage Establishments As An Accessory Use.
Massage Establishments As An Independent Use.
Amortization.
20.68.005
20.68.010
20.68.020
20.68.025
20.68.030
Sections:
It is the intent of this Chapter that the regulations be utilized to promote operation
of legitimate massage services, and to prevent problems of blight and deterioration which
accompany and are brought about by large numbers of massage establishments that mayact
as fronts for prostitution and other illegal activity.(Ord,92-2,March 25, 1992).
20.68.005 Intent And Purpose.It is the purpose of this Chapter to
establish reasonable and uniform regulations which will serve to protect the health,safety,
peace, morals, comfort or general welfare of the community by dispersing the location of
massage establishments, as defined herein,thereby preventing their continued concentration
within certain noncommercial areas of the City of Newport Beach and by establishing
specific Zoning Districts in which such establishments shall be permitted.
A."Massage Establishment" shall mean any business conducted within the City
of Newport Beach where any person, for money or any other consideration, administers to
another person a massage as defined in Section 5.50.010 of the Newport Beach Municipal
Code.
B. "Establishment" shall include the opening of such a business as a new
business, the relocation of such business, or the conversion of an existingbusiness location
to any 'massage establishment'use, the expansion of any existingbusiness,the alteration or
enlargement of any existing business, or any of the uses within such a business, or any'
addition to existinguses within an existing business. (Ord.92-2,March 25, 1992).
20.68.020 Massage Establishments As An Accessory Use.
A massage establishment which is operated as an accessory use in conjunction with an
approved health club,athletic club,gym,or hotel which is or will be operated pursuant to
an approved use permit;or in conjunction with a medical office or chiropractic officewhich
is regulated by State law, shall be permitted in any District where the primary use is
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Page 181·1
MASSAGE ESTABLISHMENTS
Chapter 20.68
permitted.For the purpose of this Section,an accessory use shall meanause which is not
morethan twenty-five percent of the floor area of the related health or athletic activities
ofthe primary use.(Ord.92-47,December 9,1992;Ord,92-2,March 25,1992).
20.68.025 Massage Establishments As An Independent Use.
A massage establishment which operates asan independent use,shall be permitted in the
C·O,C·1,C-2 Districts,M-1-A District,RMC,RSC,and APF Districts,commercial areas
of p·e Districts and commercial areas ofthe SP·4 (Newport Shores Specific Plan)and SP·5
(Mariner's Mile Specific Plan)Districts,subject to the securing of a Use Permit in each
case,and provided further that such establishment conforms to the following:
A.Location Requirements.
Notwithstanding any other provision ofthe Newport Beach Municipal Code,nouse
permit shall be approved by the City of Newport Beach for any massage establishment if the
proposed siteis located:
1.Within 500 feet of any public or private school,park or playground,
civic center,cultural siteor church site;or
2 Within 500 feetof any other massage establishment site.
B.Waiver of Location Restri£tions.
Any property owner orhis authorized agent may apply for a waiver ofthe location
restrictions contained in this Section.The Planning Commission,aftera public hearing,or
City Council on appeal or review,may waive any location restriction,if all the following
findings are made:
1. The proposed use will not be contrary to the public interest or
injurious to nearby properties,and that the spiritand intent of this
Section will be observed;and
2.The proposed use will not enlarge or encourage the development of an
urban blight area;and
3. The establishment of an additional regulated usein the area will not
be contrary to any program of neighborhood conservation nor will it
interfere with any program ofurban renewal;and
4. Theuseat the proposed location will not adversely affect theuseofa
place used exclusively for religious worship,school,parkor playground;
and
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Page 181-2
MASSAGE ESTABLISHMENTS
Chapter 20.68
5. All applicable regulations of this Newport Beach Municipal Code will
be observed. (Ord.93-1,April 7,1993; Ord.92-46,December 9,1992;
Ord.92-2,March 25,1992).
20.68.030 Amortization. Anymassage establishment as defined in this Chapter
which was lawfully in existence as of the effective date of this Ordinance which does not
comply in whole or in part with the provisions of this Chapter, shall be terminated or
otherwise be brought into full compliance within one year of the effective date of this
Ordinance.For those establishments which cannot be brought into compliance with these
provisions because they are not in an approved district, the use may be extended for only
one additional period of time, to be established by the Planning Commission, upon a
showingby the applicant that such extension is reasonably necessary to permit the owner
of the massage establishment to amortize or otherwise recover any along term investment
in the massage establishment.
Any request for an extension of the one year amortization period must be made in
writing by the owner of the massage establishment to the Planning Commission by filinga
request with the secretary of the Planning Commissionnot later than sixty (60) daysprior
to the end of the one year period provided for in this Section.
The Planning Commissionmaygrant an extension ofup to one additional year if the
business is otherwise in compliance with all other applicable provisions of law, and upon a
showingby the applicant:
A.That the business involvesa substantial financial investment in real property,
improvements or stock in trade, or
B. The business is subject to a written long term lease entered into prior to
January 14,1991 with a termination date extendingbeyond one year from the effectivedate
of this Ordinance, or
C.Other factors establishingthe nature of the business is such that the business
cannot be easily relocated. (Ord. 92-2, March 25, 1992).
CHAPTER 20.69
(a) Conversion - Conversion means a change of a dwelling unit to a
condominium,cooperative,or a similar form of ownership; or a nonresidential use.
(Ord. 89-36, Dec. 13, 1989).
Page 182
WW AND MODERAlE INCOME
HOUSING WITHIN THE
COASTAL ZONE
Chapter 20.69
20.69.010 INTENT. The City of Newport Beach is responsible for the
administration of provisions of State Law relative to the demolition,conversion and
construction of low and moderate income dwelling units within the Coastal Zone. These
provisions of State Law are contained in Article 10.7 of the California Government Code,
Section 65590 et.seq.
Intent
Definitions
Coastal Residential Development Permit
Required.
Exemptions
Application for a CRDP -Fee.
Affordable Housing Requirement
Affordable Housing Agreement
Public Hearing - Notice
Appeal
Right Of Review
WW AND MODERATE INCOME HOUSING
WITIIIN THE COASTAL ZONE
20.69.035
20.69.040
20.69.050
20.69.060
20.69.070
20.69.080
20.69.090
This Chapter establishes a permit requirement for certain activities involvingdwellingunits
within the Coastal Zone.The permit shallbe known as a Coastal Residential Development
Permit (CRDP).The purpose of the CRDP is to ensure compliance with State Law by
maximizing low and moderate income housing opportunities within the Coastal Zone of
Newport Beach.(Ord.89-36,Dec. 13,1989).
20.69.020 DEFINITIONS.As used in this Chapter,the following terms
shall have the meanings indicated:
Sections:
20.69.010
20.69.020
20.69.030
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Page 182·1
LOW AND MODERATBINCOME
HOUSING WITHIN TIm
COASTAL ZONE
Chapter 20.69
20.69.030 COASTAL RESIDENTIAL DEVELOPMENT PERMIT
REQUIRED.A CROP is required in order to conduct any ofthe following activities within
the Coastal Zone:
(1)The demolition or conversion of 11 or more dwelling units in two or more
structures;or
(2)The demolition or conversion of 3 or more dwelling units inone structure;or
(3)The construction of 10 or more new dwelling units.(Ord.89·36,Dec.13,
1989).
20.69.035 EXEMPTIONS.The following activities are exempt from the
requirement ofa CROP:
(1)The demolition or conversion ofa residential structure for the purpose ofa
nonresidential use which is either "coastal dependent,"as defined in Section 30101 of the
Public Resource Code,or "coastal related,"as defined in Section 30101.3 of the Public
Resources Code.The "coastal dependent"or "coastal related"uses must be consistent with
the provisions of the City of Newport Beach's Local Coastal Program Land Use Plan.
(2)The demolition of any residential structure which has been declared to be a
public nuisance underthe provisions of Division 13 (commencing with Section 17000)ofthe
Health and Safety Code.
(3)The reconstruction of any nonconforming building damaged by fire,
earthquake or other calamity when a use permit is not required pursuant to Section
20.83.060.(Ord.89·36,Dec.13,1989).
20.69.040 APPLICATION FOR A CROP •FEE.Applications for a
CROP shall be filed in the Planning Department in writing on forms prescribed bythe
Planning Director.The application shall be accompanied byan application fee and an
administration fee based onthe projected number of low or moderate income dwelling units
tobe provided.Should the actual number of low and moderate income dwelling units differ
from that projected a refund shall be made or an additional fee shall be collected.When
a feasibility study is conducted the total cost ofthe study plus a processing fee shall also
accompany the application.
These fees shall be established by resolution ofthe City Council.The application fee shall
bea single flat fee based onthe cost of processing a CROP.The administration fee shall
be per low and moderate income dwelling unit based on the cost of administering an
affordable housing requirement.The feasibility study processing fee shall be a percentage
ofthetotal feasibility study cost and shall be based onthe cost of processing a study.
~~_.L~~__~_~_
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Page 182-2
WW AND MODERAW1N'COME
HOUSING WITHIN THE
COASTAL ZONE
Chapter 20.69
Application for a CRDP maybe signedbythe property owner or owners, a lessee or lessees
possessing an appropriate lease, or an agent with written authorization from the owner of
the property affected.(Ord.89-36,Dec. 13, 1989).
20.69.050 AFFORDABLE HOUSING REQUIREMENT.When
demolition or conversion activitiesinvolvedwellingunits occupied by persons and families
of low and moderate income,replacement units shall be provided on a one for one basis.
A feasibility study shall be required for new dwelling unit construction of 10or more units
when low and moderate income dwelling units are not proposed at the affordability
standards contained in the Housing Element of the Newport Beach General Plan. The test
of feasibility shall be initially conducted at the Housing Element standard and then at
progressively higher standards contained in State Health and Safety Code Section
50093.(Ord.95-6,April 12,1995;Ord.89-36,Dec. 13, 1989).
20.69.060 AFFORDABLE HOUSING AGREEMENT.The City and
owner of the low and moderate income dwelling units provided shall enter into an
affordable housing agreement governing the dwelling units and that agreement shall be
recorded against the property.(Ord.89-36,Dec. 13, 1989).
20.69.070 PUBLIC HEARING -NOTICE.A public hearingshallbe held
before the Modifications Committee for all CRDP requests involving condominium
conversions of 3 or 4 dwelling units, or conversions of 5 to 15 dwelling units that do not
require a Tentative Tract Map, in accordance with the provisions of Chapters 20.73 and
20.81.A public hearing shall be held before the Planning Commission on all other CRDPs.
A CRDP shall not become effectivefor fourteen (14) days after being granted.If an appeal
isfiled or the CityCouncilexercisesits right ofreviewthe CRDP shall not become effective
until a decision granting the CRDP is made by the City Council.
The Modifications Committee shall givenotice of the Public Hearing in the same manner
as prescribed in Section 20.81.040 for all CRDPs reviewed bythe Modifications Committee.
Notice of all other Public Hearings shall be mailed to owners of property within a radius
of three hundred (300) feet of the exterior boundaries of the subject property for all other
CRDPs.These notices shall be mailed not less than ten (10) days before the hearing date.
The notices shall be postage paid and use addresses from the last equalized assessmentroll
or from other records, acceptable to he City,that have more recent addresses.It is the
responsibility of the applicant to obtain and provide to the City a list and postage paid
envelopes with the names and addresses of the property owners as required by thissection.
In addition to the mailed notice the subject property shall be posted in not lessthan two (2)
conspicuousplaces on or closeto the property not less than ten (10) daysprior to the public
hearing.
Page 182-3
WW AND MODERA1E INCOME
HOUSING WITI:tIN THE
COASTAL ZONE
Chapter 20.69
When low and moderate income dwelling units are proposed for an off-site location the
notice and posting requirements shall also apply to the property upon which the low and
moderate income dwelling units are to be located.
Additional notice need not be give if a public hearing is continued at the public hearing
noticed and if the date ofthe continued hearing is announced in open meeting.
(Ord.95-6,April 12,1995;Ord.89-36,Dec.13,1989).
20.69.080 APPEAL.Ifthe applicant,any other person,firm or corporation
isnot satisfied with the action ofthe Modifications Committee they may appeal the action
inthe same manner as prescribed in Section 20.81.070.Ifthe applicant,anyother person,
firm or corporation is not satisfied with the action ofthe Planning Commission the action
may be appealed to the City Council by filing a written notice of appeal with the City Clerk
within fourteen (14)days afterthe Planning Commission action.The notice ofappeal shall
be accompanied by a fee established by resolution ofthe City Council.The appeal fee shall
be based onthe cost of processing the appeal.
The City Clerk shall seta public hearing date for theappealand give notice inthe manner
specified in Section 20.69.070.The City Clerk shall also notify the appellant,the applicant
when different than the appellant and the Planning Commission of the date set for the
Public Hearing.Upon receiving notice of the appeal to the City Council,the Planning
Director shall submit a written report of the Planning Commission proceedings!including
all maps,letters,exhibits and other documentary evidence considered by the Planning
Commission in reaching a decision tothe City Clerk.(Ord,95-6,Apri112,1995;Ord.89-36,
Dec.13,1989).
20.69.090 RIGHT OF REVIEW.All Actions of the Modifications
Committee may be reviewed consistent with the provisions of Section 20.81.070(F).
The City Council,onits own motion,adopted by four affirmative votes,may electto review
any decision of the Planning Commission granting a CRDP.The City Council's right of
review may be exercised at any time priorto the expiration of twenty-one (21)days from
thedateon which the Planning Commission takes its action.In any CRDP proceeding in
which the City Council exercises its right of review,the City Clerk shall seta public hearing
date and give notice inthe manner specified in Section 20.69.070.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 Planning
Director shall submit a written report of the Planning Commission proceedings,including
all maps,letters,exhibits,and other documentary evidence considered by the Planning
Commission in reaching a decision tothe City Clerk.(Ord.95-6,Apri112,1995;Ord.89-36,
Dec.13,1989).
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AUTOMOBILE SERVICE STATIONS
Chapter 20.70
Page 183
AUTOMOBILE
SERVICE STATIONS
Chapter 20.70
20.70.010 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 pedestrian and vehicular traffic
hazards and shall not be detrimental to the ordinary maintenance,development and
redevelopment of the surrounding area as reflected by the General Plan, Zoning
Regulations or specificplans approved by the City. (Ord. 1411 § 3 (part),1972).
20.70.020 DEFINITIONS.As used inthis chapter, the followingterms shallhave
the meanings indicated:
Intent.
Definitions.
Use Permit Required.
Application Contents.
Activities and Operations Permitted.
Development Standards for New Service Stations.
ExistingStructures and Uses.
Discontinued Use.
Appeal.
20.70.010
20.70.020
20.70.030
20.70.040
20.70.050
20.70.060
20.70.070
20.70.080
20.70.090
(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,includingthose activitiesand operations as specifiedin Section
20.70.050,but excludingmajor 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).
Sections:
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Page 184
AUTOMOBILE
SERVICE STATIONS
Chapter 20.70
20.70.030 USE PERMIT REQUIRED.Automobile service stations
may be permitted in the CoN, CoO,o-i,C-2,M-l,M-l-A,RMC,RSC,and U Districts,
subject tothe requirement ofa use permit for each development.The procedure governing
the issuance ofall use permits for such developments shall be governed bythe provisions
of this chapter and Chapter 20.80,entitled "PERMITS."(Ord,92-46,December 9,1992;
Ord,1411 §3 (part),1972).
20.70.040 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) Aplotplanofthe property,drawn to scale,showing location ofall buildings,
canopies,on-site access and drives,pump islands,storage facilities,planting
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 isto be graded and drained.
(d)A landscape and irrigation plan showing the size,location and variety of plant
materials tobe used,including the botanical and common plant names of each,
and the location,type and design ofall irrigation systems.
(e)Such other plans,drawings and information as the Director of Community
Development reasonably may require.(Ord.1411 §3 (part),1972).
20.70.050 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 a 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.
5.Mechanical or hand car washing and detaiUng shall be permitted
provided thatit is conducted in such manner soasnottobea nuisance
or a detriment to the occupants of adjacent properties.
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Page 185
AUTOMOBILE
SERVICE STATIONS
Chapter 20.70
6.Front-end alignments (unless facilities exist outside the building on the
effective date of this ordinance).
7. 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 building;
1. 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.'DIe location and screening of trailer storage shall be
approved by the Planning Director.
2.Automobile rental, provided that the automobiles are not parked on
public streets.
3. 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
fOUI (4) tires, in racks, on each pump island.There shall be a maximum
display of not more than twenty (20) tires.
4. Trash areas, enclosed by walls, to be integrated with the design of the
service station.
5. Public telephones, provided they are well lighted,are in a location
whichisvisiblefrom the street, and are accessible on a twenty-fourhour
basis.
6. Any testing or servicing of automobiles which necessitates a running
engine.
7.The sale and installation of batteries and minor automotive accessories.
8. The sale, mounting and repair of tires.
9.The testing, adjustment and replacement of parts.
10. The sale. of soft drinks, candy, cigarettes, ice and similar items via
dispensers at stations constructed prior to the enactment of this
ordinance.
11. The servicingof air-conditioners.
12.The servicing of air pollution control devices.
13. Lamp adjustment.
(c)Operating provisions shall include the followingrestrictions:
1.Parking on site is prohibited except for such vehicles as are in the
process ofbeing serviced,those belonging to employees,those belonging
to customers using a rest room, and service trucks owned by the
Page 186
AUTOMOBILE
SERVICE STATIONS
Chapter 20.70
establishment.Rental cars and trailers may be parked on site subject to
the provisions of Section 20.70.050(b)(1)and (2).
2.No vehicle waiting for service shall be parked for a period longer than
twenty-four (24)hours onthe station site unless inthe process of being
serviced.No vehicle shall be considered tobe in the process of being
serviced fora period longer than one (1)week.
3.Gasoline tanker trucks shall not obstruct the public right-of-way during
delivery.(Ord.91-49,February 12,1992;Ord.1411 §3 (part),1972).
20.70.060 DEVELOPMENT STANDARDS FOR NEW SERVICE
STATIONS.The following development standards shall apply to all automobile service
stations constructed on new sites subsequent tothe effective dateof this ordinance and to
remodeling or rebuilding existing stations as provided in Section 20.70.070(d).
(a)Location -All service station sites shall front on streets designated as major,
primary or secondary onthe 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,landscaping and
storage as provided in this chapter.
(c)Parking-A minimum of five (5)parking spaces for each service bay shall be
provided.Establishments which do not include service bays shall provide a
minimum offour (4)parking spaces.All such parking spaces shall be marked
clearly and shall meet all City codes and standards asto 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 allshould bea minimum of twenty-five (25)feetfor two-way
traffic or eighteen (18)feet for one-way circulation.
(e)Access -Driveways shall beso designed and located asto ensure a safe and
efficient movement of traffic on and offthesitetoand from thelaneof traffic
nearest the curb.All driveways shall be located and constructed according to
the City of Newport Beach Driveway Approach Policy.
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Page 187
AUTOMOBILE
SERVICE STATIONS
Chapter 20.70
Drivewaysfor servicestations 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 underground 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.Five-foot wide planters between drivewayapproaches,separating pump
island for their entire length from the sidewalk or public right-of-way.
2. A planting area at the "exterior"corner of the site from curb cut to curb
cut at the intersection.
3. A series of tree wells, each located a maximum distance of thirty (30)
feet on center along all interior
property lines, having a minimum inside dimension of four (4) feet to .
anyone side of the planting area and containing at least one fifteen (1S)
gallon tree of an approved variety.
Plant materials shall be chosen for their screening qualities,beauty and
durability. Plantings shallinclude a mixture of trees, shrubs and groundcovers.
Cityparkway areas shall be provided with groundcover and street trees as per
City standards.
Page 187·1
AUTOMOBILE
SERVICE STATIONS
Chapter 20.70
AlI planting areas shall be provided with a permanent underground automatic
sprinkler irrigation system ofa design suitable forthe type and arrangement
ofthe plant materials selected.
Landscape planting and sprinkler irrigation plans and specifications shall be
submitted bythe applicant and approved by the Community Development
Director priorto the issuance ofa 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 neednot be
installed when building walls or other acceptable walls already exist on such
property lines.
(1)Lighting.All lighting fixtures shall be located soasto shield direct rays from
adjoining properties.Luminaries shall beofa low level.indirect diffused type
and shall not exceed a height of greater than twenty (20)feet above finished
grade.
(m)Signs in accordance with Chapter 20.06.
(n)Rest Rooms •One men's rest room and one women's rest room shall be
provided to the general public during all hours of operation.All rest rooms
with exterior entrances shall be located tothe side orrear 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
20.70.050(b).shall be stored within the main building.
(P)Dispensing Machines -If dispensing machines are used.space shall be
provided inside the building for any machines tobe used forthe dispensing of
soft drinks,candy.cigarettes,iceand similar items.
(q)Additional Requirements-It shall be required asa condition ofa use permit
thatthe grantee provide theoil company.the property owner and/or lessee
each with a copy ofthe conditions embodied on the permit,and receive a
written receipt therefore.so that there shall be no person operating the
premises who is not aware of the conditions of operation.If,during any
inspection ofthe premises,the City shall find violations ofthe requirements
ofthe Use permit,it shall notify boththeoil company andthe operator ofthe
station in orderto assure compliance.(Ord.91-49.February 12.1992;Ord,
1753 §27.1977;Ord,1411 §3 (part).1972).
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Page 187·2
AUTOMOBILE
SERVICE STATIONS
Chapter 20.70
20.70.070 EXISTING STRUCTURES AND USES.The provisions of
Chapter 20.83 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) ExistingUses - Cessation of Use -The lawfuluse of land or building or both
or the purpose of operating an automobile service station, which use is in
existence on the effective date of tbis 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 Commissionshall have the authority
to require the property owner to remove all existingstructures from the site
or obtain a use permit pursuant to Section 20.70.040 of this Chapter.
(b)Restoration of Damaged of Destroyed Building - Any building in use as an
automobile service station on the effective date of this Chapter which is
damaged or destroyedbyfire,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 anybuilding in use as a gasoline service
station on the effective date of this Chapter provided that such maintenance,
repair or structural alteration does not exceed, in any consecutivetwelve (12)
month period, fifteen (15)percent of the value of the improvements as
determined bythe assessedvaluation. Structural alterations exceedingfifteen
(15)percent of the appraised value will require a use permit.
(d) Remodeling or Rebuilding - Anyservicestation being remodeled or rebuilt to
an extent requiring a use permit shall be designed so as to complyas nearly
as possible with the standards for service stations on new sites set forth in
Section 20.70.060;takinginto consideration sizeofthe property, location ofthe
existingstructure, and other similar constraints. (Ord. 1411 §3 (part),1972).
20.70.080 DISCONTINUED USE. Notwithstandinganythingto 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 property owner to remove all existingstructures from
the site. (Ord.1411 §3 (part), 1972).
20.70.090 APPEAL.A.INITIATION OF APPEAL. In casethe automobile
service station operator is not satisfied with the action of the Community Development
Page 187-3
AUTOMOBILE
SERVICE STATIONS
Chapter 20.70
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 20.85.010 ofthe Newport Beach Municipal Code.
B.DECISION.Upon receiving Notice of Appeal tothe 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
Plauning Commission shall render its decision within thirty (30)days afterthe 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 20.85 ofthe Newport Beach
Municipal Code dealing with appeals.(Ord,91·49,February 12,1992,Ord.1411 §3 (part).
1972).
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Chapter 20.71
OIL WELLS
Page 188
OIL WELLS
Chapter 20.71
That the area in the City in which slant drilling or subterranean drilling shall be permitted,.
under the terms hereof,is described as being:
All that area lying northwesterly of the southeasterly line of 53rd Street,and the
northeasterly and southwesterly prolongations of the southeasterly line of 53rd Street,as
53rd Street is laid out and shown upon a map of Ocean Front Tract,recorded in Book 4,
Page 12of Miscellaneous Maps,Records of Orange County,California,and a map of River
Section,recorded in Book 4, Page 25 of Miscellaneous Maps,Records of Orange County.
Drilling Restricted -Designated Area.
Election Required for Permitted Area
Alteration -Intent and Purpose.
Fire Prevention.
Creating Nuisance Prohibited.
Watchman Required.
20.71.030
20.71.040
20.71.050
20.71.010
20.71.020
20.71.010 DRILLING RESTRICfED •DESIGNATED AREA.No
person shall erect or construct oil drilling derricks or oil drilling equipment within the City,
or shall drill from the surface or by subterranean drilling, for oil,petroleum,tar, gas or
other hydrocarbon substances within the City, or shall build or establish refineries for the
purpose of refining petroleum,oil,gas,tar or other hydrocarbon substances within the City;
except,that it shall be lawful under the provisions hereof to drill for oil,petroleum,tar, gas
or other hydrocarbon substances by slant drilling or subterranean drilling in and under the
area hereinafter described;provided,that the drilling sites shall be located outside of the
City limits and that such drilling shall be at a vertical depth of at least 400 feet below the
ground surface within the area mentioned and hereafter described.
Sections:
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Chapter 20.71
(1949 Code §9124).
20.71.020 ELECTION REQUIRED FOR PERMUTED AREA
ALTERATION·INTENT AND PURPOSE.Any proposed change in or expansion ofthe
area within the City of Newport Beach in which slant drilling or subterranean drilling is
allowed by Section 20.71.010 shall first be submitted tothe qualified electors ofthe City of
Newport Beach for approval or disapproval.If a majority ofthe qualified electors vote in
favor of such a question,thenand only then shall the City Council have the power to act
on such question.This section shall apply only to the boundaries ofthe City of Newport
Beach as they exist on April 13,1954,together with any territory in the process of
annexation onsaid date.This section shall not apply retroactively to any drilling operation
or contract entered into priorto the effective date ofthis section.
It is specifically declared thatit is the intention of this section that it shall apply solely to
the question ofa change inor expansion oftheareain which slantor subterranean drilling
is permitted and shall not apply to any other question involving the dr1lling foror production
of oil,gas or other hydrocarbon substances within or under the City of Newport Beach,or
itstideand submerged lands.(1949 Code §9124.1 added byOrd.715j April 30,1954).
20.71.030 FIRE PREVENTION.Every person who was at the effective
date of Ordinance 372 conducting,carrying on,maintaining or engaging in any of the
businesses designated in Section 20.71.010,andwho continues such operation,shall conduct
the same soasto prevent fire hereby or therefrom which may endanger,injure or destroy
the property of any person within the City.(1949 Code §9125).
20.71.040 CREATING NUISANCE PROHIBITED.No person shall
conduct within the City any of the businesses enumerated in Section 20.71.010 in such
manner that the noise,smell,odor or gas produced thereby obstructs the free use and
enjoyment by others oftheir property.
No person shall permit any ofthe businesses enumerated in Section 20.71.010 to become
offensive to the senses or to permit the same to interfere with the complete enjoyment of
life or property by others.(1949 Code §9126 and §9127).
20.71.050 WATCHMAN REQUIRED.No person shall permitor allow.
a standing derrick or otheroil drilling equipment upon any lands within the City without a
watchman in constant charge and attendance,and the leaving of any well,whether in
operation or not,without a watchman in constant charge and attendance,shall be and
constitute a nuisance within the meaning of this Chapter,which nuisance may be abated.
(1949 Code §9128).
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A.RFSfAURANT.
The term "restaurant" does not include the following:
1.A specialty food service; .
As used in this chapter the following terms shall have the meanings indicated:
Definitions.
Specialty Food Service.
Accessory Outdoor Dining.
Use Permit Required.
Application Contents.
Site.
Setbacks.
Parking and TrafficControl.
Walls.
Landscaping.
Lighting.
Signing.
Utilities.
Storage.
Modification or Waiver of Requirements.
Additional Requirements.
Nonconforming Structures and Uses.
20.72010 DEFINITIONS.
20.72.010
20.72015
20.72018
20.72020
20.72030
20.72.040
20.72050
20.72060
20.72070
20.72.080
20.72090
20.72.100
20.72110
20.72120
20.72130
20.72140
20.72.150
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Chapter 20.72
The term "restaurant"shall mean a place of business with the principle purpose to
sell or serve food products and beverages for consumption on the premises within a
building consisting of a permanent structure that is fully enclosed with a roof and walls,
and where incidental dining to the extent of not more than twenty-five percent (25%)of the
net public area may be permitted out-of-doors on a patio,deck or terrace that is integrated
into the building design,and where the area devoted to live entertainment and/or dancing
does not exceed twenty percent (20%)of the "net public area." For purposes of Section
20.72020 through 20.72.050,inclusive,and for purposes of Section 20.72070 through
20.72.150,inclusive, the term "restaurant"shall include "drive-in,""take-out"and "outdoor"
restaurants.
Chapter 20.72
RFSfAURANIS
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2 A specialty grocery store or supermarket which devotes twenty-five
percent (25%)or less ofits gross floor area to the sale or preparation of food products or
beverages for consumption on-site or in the immediate area.
3. A bar or a theater/nightclub as defined herein.
B.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.
C.DRIVE-IN AND TAKE-OUT RESTAURANT.
The terms "drive-in,"and "take-out"restaurants shall mean a place of business
which sells food products or beverages and which:
1.Delivers such food products or beverages to customers outside of the
building in which they are prepared 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 designated in such a manner that a majority of the customers will remove such
food products or beverages from the building for consumption.
D.SPECIALTY FOOD SERVICE.
The term "specialty food service" shaIl mean a place of business that sells a limited
variety of food products and/or beverages likely to be quickly consumed,with a gross
floor area of 2,000 square feet or less,(including outdoor seating areas),seating and/or
stand-up counter space for no more than twenty (20)customers,and which strictly
conforms with all ofthe following:
1.No alcoholic beverages are served or consumed on the premises;
2 No live entertainment or dancing is provided.
Any use which does not strictly conform to the provisions ofthis Section shaIl
be considered a restaurant and otherwise subjectto the provisions of this Chapter.
E. BAR. The term "bar"shaIl mean a place of business with the principle purpose to
sell or serve alcoholic beverages for consumption on the premises and may include live
entertainment and/or dancing as accessory uses to the primary sale and service of alcoholic
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beverages,provided further that such live entertainment and/or dancing shall occupy less
than twenty percent (20%)of the "net public area."
F.TIIEATER/NIGillCLUB.The term "theater/nightclub"shall mean a place of
business with the principle purpose to conduct live entertainment and/or dancing and may
include the sale and service of food and/or beverages as an accessory use to the primary
use oflive entertainment and/or dancing.
G.CHANGE IN OPERATIONAL CHARACTERISTICS.
The term "change in operational characteristics" shall include,without limitation,
any of the following:
1.Any substantial increase in the hours a restaurant,outdoor restaurant,or
drive-in and takeout restaurant is open for business (hours of operation)or an extension of
the hours of operation past 12:30 a.m,if the restaurant is within 200 feet of a residential
zone.An increase in hours of operation is deemed substantial if,given the proximity of the
restaurant,outdoor restaurant,drive-in or takeout restaurant,or related parking facilities to
a residential zone, the increase has the potential to cause, or make worse,noise or traffic
congestion in the neighborhood;
2. The introduction of live entertainment or dancing,or a significant change
in the character of the live entertainment;
3. The introduction of the sale ofalcoholic beverages;
4.Any significant increase in the size of the area principally devoted to the
sale of alcoholic beverages;
5. A loss of on-site or off-site parking spaces for a period of ninety (90)days
or more,which would reduce available parking below the number then required by the
provisions of this title or the Use Permit applicable to the restaurant;
6. The introduction ofvalet,tandem,or compact parking spaces;
7.Any increase in the net public area of a restaurant or any increase in the
gross floor area of a drive-in,take-out or outdoor restaurant;and
8. The addition of three or more pool tables. (Ord.94-55,Dec.28,1994;Ord,
94-52,November 23,1994;Ord.94-17,May 11, 1994;Ord.92-6,May 13, 1992;Ord.89-35,
Dec.27,1989;Ord.85-17,October 23,1985; Ord. 1505 §10,1973;Ord.1266 §2, 1968;prior
Ord.1202 §3 (part),1967).
Section.
1.The proposed use is consistent with the purpose and intent of this
Specialty food services may be established in any zoning district designated for
such use subject to the following:
2 The facility contains receptacles sufficient in size to accommodate all trash
deposited by customers;
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RESTAURANTS
Chapter 20.72
SPECIALTYFOOD SERVICE.20.72.015
3.The proposed use is similar in nature to a general retail use,and is
anticipated to have traffic generating characteristics similar to a retail use.
2.Establishment,maintenance or operation of the use 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 or injurious to
property or improvements in the area.
A.INTENT/PURPOSE.Food serving uses range from large destination restaurants
to small neighborhood ice cream stores. Full service restaurants are likely to generate more
traffic,parking demand,noise and trash than small businesses with limited menus.The
specialty food service category was created because conditions and restrictions on the
operation of large restaurants may be unnecessary in the case of small,limited item food
serving businesses.However,particular specialty food services may,because of location,
method of operation or other factors,be expected to cause,or actually cause,impacts
equivalent to a full service restaurant and,in such event,additional controls should be
imposed or the use prohibited.
B.FINDlNGS. In order to approve a specialty food service permit,the Planning
Director,the Planning Commission or City Council on appeal,shall make the following
findings:
4. The proposed use is similar in nature to a general retail use,and is
anticipated to have parking demand characteristics similar to a retail use.
C.DEVEWPMENT STANDARDS.Specialty food services shall be operated in
conformance with the following standards unless the Planning Director or the Planning
Commission or City Council on appeal,determines that strict compliance is not necessary to
achieve the purpose and intent of this section:
1.Hours of Operation.Opens for business no earlier than 7:00 AM and
closes no later than 12:00 midnight,daily;however,this provision shall not apply if the
business,measured from the property lines, is,in all directions,more than 250 feet from the
boundaries of any residential district or any mixed commercial/residential district;
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3.Trash generated by the business is stored on-site in an area screened from
view except when placed for pick-up;
4.Smoke and odor are controlled by kitchen exhaust fans,or other means,to
the satisfaction of the Building Director;
5.Grease interceptors are installed on all plumbing fixtures to the extent
required by the Building Director and the Public Works Director;
6. A wash-out area for refuse containers and kitchen equipment is provided
and the area drains directly into the sewer system unless the Building Director and Public
Works Director approve alternative drainage;
D.CONDmONS.The Planning Director or the Planning Commission or the City
Council on appeal,may impose such conditions on the approval of the specialty food
service permit as are necessary to achieve the purpose and intent of this Section.In
addition,the Planning Director,Planning Commission,and City Council shall retain
jurisdiction to impose additional conditions after approval if necessary or appropriate to
ensure that operation of the specialty food service is consistent with the findings made at
the time of approval.
E.APPEAL.
1.An applicant for a specialty food service permit may appeal a decision of the
Planning Director to the Planning Commission.The appeal must be filed within fourteen
(14)days after written notice of the decision of the Planning Director.The Planning
Commission may preside over the appeal,or may appoint a hearing officer to take evidence
and submit proposed findings and recommendations to the Planning Commission.The
Planning Commission may render a decision within thirty (30)days after the hearing or
receipt of findings and recommendations from the hearing officer.In the event that the
applicant is not satisfied with the decision of the Planning Commission,the applicant may
appeal to the City Council by filing written notice of appeal with the City Clerk within
fourteen (14)days following the date of the decision of the Planning Commission.The City
Council may preside over the appeal or appoint a hearing officer to take evidence and
submit proposed findings and recommendations to the City Council.The City Council
shall render its decision within thirty (30)days after the hearing on the appeal.The
decision of the City Council will be final.
2.City shall mail notice of the approval of any specialty food service permit to
all owners of property within 100 feet of the parcel for which the specialty food service
permit was issued.Any owner of property to which notice was mailed may appeal the
approval of the specialty food service permit by filing a notice of appeal with the
Modifications Committee.The notice of appeal shall be filed within 10 days of the date on
the notice of approval,the notice of appeal my specify the factual or legal basis for the
appeal,and must be accompanied by the fee established by resolution of the City Council.
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Chapter 20.72
The Modifications Committee shall deny the appeal if there is substantial evidence that the
proposed specialty food service complied with the criteria specified in this Section.The
decision of the Modifications Committee shall be final.
F. EXPIRATION.Any specialty food service permit granted in accordance with the
terms of this Title shall expire within twenty-four (24)months from the date of approval
unless a building permit has been issued and construction has commenced prior to the
expiration date.The Planning Director may specify a different expiration date at the time
of approval.
G.VIOLATION OF TERMS.Any specialty food service permit granted in
accordance with the terms of this Title may be revoked if any of the conditions or terms of
such permit are violated,or if any law or ordinance is violated in connection therewith.
H.REVOCATION.The Planning Director may revoke a specialty food service
permit for violation of the terms and conditions of such permit after giving written notice to
the permittee at least ten days prior to the rendering of such revocation.
L FEPS. To partially defray the administrative costs of the City,the specialty food
service application shall be accompanied by a fee as established by Resolution of the Gt;y
Council.Reasonable fees for an appeal to the Planning Commission or Gt;y Council shall
also be established by resolution of the City Council.
J.INTENSIFICATION OR ENLARGEMENT OF EXISTING SPECIALTY FOOD
SERVICE ESTABLISHMENTS. A specialty food service establishment which has been
approved by the Modifications Committee prior to the effective date of Ordinance No.94-
17 may be intensified,enlarged or-otherwise altered in accordance with Section 20.72010
(D),subject to the approval of the Planning Director as specified in Section 20.72015 (D).
(Ord 95-39,Oct 11,1995;Ord.94-17,May 11,1994;Ord.89-35,Dec.27,1989).
SECTION 20.72018 Accessory Outdoor Dining.
A.Notwithstanding any other provisions of this Chapter,Chapter 20.07,Chapter
20.08,Chapter 20.80,Chapter 20.83,and Chapter 15.38 of Title 15 of the Newport Beach
Municipal Code,the Planning Director may approve an application to add or expand
outdoor dining to an existing restaurant or specialty food use provided the area devoted to
outdoor dining does not exceed 25 percent of the existing interior net public area of the
restaurant or specialty food use,or 1000 square feet;.whichever is less,and is accessory to
any indoor dining.An application to add or expand accessory outdoor dining shall be
made on forms supplied by the Planning Department Before approving an application,
the Planning Director shall make the following findings:
1.That the proposed outdoor dining is accessory to the primary indoor
restaurant or specialty food use.
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2. The establishment,maintenance or operation of the accessory outdoor dining
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 or
injurious to property or improvements in the area.
3.That the proposed accessory outdoor dining will not be located so as to result
in reduction ofexisting parking spaces.
B.The Planning Director's approval of an application to add or expand outdoor
accessory dining shall be conditioned upon the following:
1.That the outdoor dining shall be subject to all the existing hours of operation,
operational characteristics and conditions ofany use permit applicable to the restaurant
2 No amplified music or entertainment is permitted outdoors.
3. All doors and windows leading to the outdoor dining shall remain closed
while any approved indoor amplified music is being played.
4. Roofcoverings shall not have the effectof creating a permanent enclosure.
5. Fences,walls or similar barriers shall serve only to define the dining area and
not constitute a permanent all weather enclosure.
6. Such additional conditions the Planning Director deems necessary or
appropriate to ensure operation of the outdoor dining is consistent with the findings made
at the time of approval;
C. The decision of the Planning Director to approve or deny an application is final,
subject to call up by the Planning Commission or call up by the City Council for referral to
the Planning Commission within fourteen (14)days.
D.An application to add outdoor dining may be denied or approval of an
application may be revoked or modified by the Planning Director upon a finding of the
failure to comply with the conditions in this Section and all other applicable conditions and
regulations.
E. The provisions ofthe Sectionshall not apply to drive-in and take-out restaurants.
F.In the event that the proposed outdoor dining area is located on a public
sidewalk,an Accessory Outdoor Dining permit shall not become effective until the
applicant has obtained a valid Sidewalk Cafe License Encroachment Permit pursuant to
Chapter 13.18 of this Code.
(Ord.96-9,April 10,1996;Ord.95-30,September 13,1995).
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20.72.020 USE PERMIT REQUlRED.
A.Restaurants may be permitted in all zoning districts designated for such uses,
and in any Planned Community Districts or SpecificPlan Areas designated for said uses,
subjectto the securing of a Use Permit in each case.
B. A Use Permit or an amendment to a Use Permit shall be required prior to any
change in the operational characteristicsofa restaurant.
C.That in order to approve a use permit for the establishment of any bar where
alcoholic beverage service is included,or in the consideration of an appeal ofthe decision of
the Chief of Police regarding the public convenience or necessity for retail alcoholic
beverage licenses, the Planning Commission or City Council shall make the following
findings:
1.The proposed use is consistent with the purpose and intent ofthis Section.
2.Establishment maintenance or operation of the use 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 or injurious to
properly or improvements in the area.
In making findings required by this section, the Planning Commission or City
Council shall consider the following:
a. The use serves public convenience and necessity.
b. The crime rate in the area as compared to other areas in the City.
c. The number of alcohol licenses per capita as compared to the county-wide
average.
(Ord.95-65,January 10,1996;Ord.89-35,Dec.27,1989;Ord.85-17,October 23,1985;Ord.
1505 §11,1973;Ord.1202s3(part),1967).
20.72.030 APPliCATION CONTENTS.
An application for a Use Permit an amendment to a Use Permit or an application
for a specialty food service permit shall be on a form supplied by the Planning Deparhnent
and,when appropriate,shall be accompanied by the following information,maps,and
plans:
(a) A statement specifying the nature of the restaurant the proposed hours of
operation,whether the applicant intends to provide live entertainment and/or dancing,
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Chapter 20.72
and other pertinent information regarding the operational characteristics of the proposed
restaurant or specialtyfood service.
(b)A plot plan of the property drawn to scale showing the location of all buildings,
storage facilities,planting areas, signs, outside eating areas, walls,parking areas,and curb
cuts.
(c)A floor plan ofany building delineating all interior floor space and indicating its
proposed use.
(d) A parking layout and traffic plan showing all parking spaces, aisles, access
points and directional signs and markings.
(e) A grading plan indicating how the property is to be graded and drained.
(f)Elevations including all building and sign facesand materials.
(g) Such other plans,drawings and information as the Planning Director may
reasonably require. (Ord.94-17,May 11,1994;Ord.89-35,Dec.27,1989;Ord.85-17,
October23,1985;Ord. 1202 §3 (part),1967).
20.72.040 SITE.
The site shall be of sufficient size and configuration to satisfy all requirements for
off-street parking,setbacks,curb cuts, walls,landscaping and refuse storage as provided in
this Chapter. (Ord. 1202§3 (part),1967).
20.72.050 SETBACKS.
The Planning Commission may establish setbacks more restrictive than those
required by the regulations for the zoning district in which the proposed use would be
located if it determines they are necessary or desirable for the protection of the public
health,safety and welfare or to insure compatibility with uses on contiguous properties.
(Ord.1202 §3 (part);February 14,1967).
20.72.060 PARKING AND TRAFFIC CONTROL.
A.OFF-STREET PARKING.Off-street parking for restaurants,outdoor restaurants,
bars and theater/nightclubs shall be as specified below. Based upon the following
considerations, the Planning Commission or City Council on appeal shall establish the
parking requirement for a restaurant bar, or theater/nightclub within a range of one space
for each 30to 50 square feetof net public area:
1. The physical design characteristicsofthe use including:
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a. The portion of net public area designated for dining,cocktails or
dancing.
b. The number oftables or seats and their arrangement
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 spacefor boats.
f. Extentof outdoor dining.
2.Operational characteristics,including:
a. The amount offloor area devoted tolive entertainment or dancing.
b. The amount offloorarea devoted to the sale ofalcoholicbeverages.
c. The presence ofpool tables,big screentelevisionsor other attractions.
d. The hours ofoperation.
3. The location ofthe restaurant:
a.In relation to other uses and the waterfront
b. Availability ofoff-site parking nearby.
c.Amount of walk-in trade.
d.Parking problems in the area at times of peak demand.
If during the review ofthe use permit, the Planning Commission or City Council on appeal
uses any of the preceding considerations as a basis for establishing the parking
requirement, the substance ofsuch considerations shallbecomeconditions ofthe use permit
and a change to any of these conditions will require an amendment to the use permit,
which may be amended to establish parking requirements within the range as noted above.
B.OFF STREET PARKING for drive-in and take-out restaurants shall be:
One parking space for each50 square feetof gross floor area contained within
a building or in any outdoor area capable of being used for the purpose of
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serving food or beverages.In addition,one parking space shall be provided
for each employee on duty,with the number of such spaces to be based on
peak employment.
C CURB curs.The size and location of curb cuts for driveways shall be
determined by standards on file in the Department of Public Works.
D.CIRCULATION.Parking areas and driveways shall be arranged so that a free
flow of vehicular traffic and adequale sile clearances are permitted at all time.If the Traffic
Engineer determines that there is a need to accommodate vehicles waiting for service,a
reservoir parking area for standing vehicles shall be provided in additional to the other
required parking and driveways area.
E.For purposes of this Chapler "Net Public Area"shall be defined as the total area
of the restaurant bar or nightclub/thealer excluding kitchens,restrooms,offices pertaining
to the use only,and storage areas.
(Ord.95-30, Sept. 13, 1995;Ord.89-35, Dec. 27, 1989;Ord.1201 §3 (part),February
14,1986;Ord.85-17,October 23,1985).
20.72070 WALlS.
On property occupied by a restaurant,a solid masonry wall 6 feet in height shall be
erected on all interior lot lines,said wall to be reduced to 3 feet in height within any
required front yard setback area or within 15 feet of the comer of any intersecting street or
alley right-of-way.WaIls 3 feet in height shall be erecled between on-site parking areas and
public rights-of-way.(Ord. 89-35,Dec.27,1989;Ord.1202 §3 (part),February 14, 1986).
20.72080 LANDSCAPING.
On property occupied by a restaurant,not less than 10 percent of the total sile area
shall be devoted to landscaped planting area,including:
(a) A planting area with a width of 3 or more feet between street side property lines
and walls screening parking facilities.
(b) A planting area with a width of 3 or more feet adjacent to inlerior property lines.
All such planting areas shall be separated from vehicular or pedestrian paved areas
by 6-inch-high concrete curbing.The bumper stops shall be installed and located in such a
manner as to preclude parked vehicles from overhanging such planting areas.All planting
areas shall be provided with a permanent sprinkler irrigation system and hose bibs for
supplemental walering.(Ord.89-35,Dec.27,1989;Ord.1202 §3 (part),February 14,1%7).
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20.72090 LIGHTING.
On property occupied by a restaurant,all parking areas shall be Illuminated by
lighting with minimum intensity in any location of 2 foot-candles and an average intensity
of 5 foot-candles,The lighting system shall be designed to minimize the reflection of light
to streets and properties adjoining the restaurant site.No lighting standard shall exceed a
height of 10 feet from the finished grade of the restaurant site.(Ord.89-35,Dec.27,1989;
Ord 1202§3 (part),1967).
20.72.100 SIGNING.
All signs shall conform to the provisions of Chapter 20.06.(Ord.85-17,October 23,
1985;Ord.1753 §28,1977;Ord.1202 §3 (part),1967).
20.72.110 UTILITIFS.
All utility services on a restaurant site shall be installed underground.(Ord.1202 §3
(part),1967).
20.72.120 STORAGE.
A.SUPPLYSTORAGE.Allfacilitiesfor storage of supplies shall be located within a
building.
B.REFUSE STORAGE.Any refuse storage area located outside of a completely
enclosed building shall be surrounded by a solid masonry wall 6 feet in height with self-
locking gates.(Ord.1202§3 (part),1967).
20.72.130 MODIFICATIONOFWAIVEROR REQumEMEN1S.
Except as provided in Section 20.72.015,the Planning Commission, or City Council
on review or appeal,may modify or waive any of the development standards contained in
this chapter if strict compliance with the standards is not necessary to achieve the purpose
of intent of the standard.(Ord.89-35,Dec.27,1989;Ord.85-17,October 23,1985;Ord.1202
§3 (part),1967).
20.72140 ADDmONAL REQUIREMENlS.
The Planning Commission shall have the right to add additional conditions of
approval in order to insure compatibility of the development with the surrounding area
and the goals and objectivesof the General Plan of the City. (Ord.85-17,October 23,1985;
Ord.1202s3 (part),1967).
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Page 194-8
RESTAURANTS
Chapter 20.72
20.72150 NONCONFORMING srRUCI'URES AND USES.
A.Except as provided in Section 20.72020,the provisions of Chapter 20.83 shall be
applicable to all types of restaurants.In the event of any conflict between the provisions of
this Chapter and the provisions of Chapter 20.83,the provisions of this Chapter shall
control.
B.Maintenance, repairs,and structural alterations can be made as provided in
Chapter 20.83.(Ord.90-22,June 13,1990;Ord.85-178,October 23,1985;Ord.1202 §3
(part),1967).
RESIDENTIAL CONDOMINIUM PROJECTS
Chapter 20.73
Page 195
RESIDENTIAL CONDO-
MINIUM PROJECTS
Chapter 20.73
RES-IDENTIAL CONDOMINIUM £RO,IECTS-
20.73.005 INTENT AND PURPOSE.The City Council finds and
determines that residential condominium projects differ in many aspects from other types
of construction and form of ownership and development.Therefore,these regulations are
adopted to guide the development of new residential condominium projects and conversions
of existing dwelling units to condominium projects.It is the intent of these regulations to
provide a balanced mix between ownership and rental housing in order to assure the
development of a variety of housing types to serve the needs of the community.
Intent and Purpose.
Definitions.
Required Approvals.
Fees.
Standards -Condominium Coversion Projects.
Modification or Waiver of Development
Standards.
Condominium Conversion Regulations,
Vacancy Rate.
Existing Structures and Uses,Approved
Plans.
Separability.
DEFINITIONS.The following terms used herein shall have the
20.73.005
20.73.010
20.73.015
20.73.020
20.73.025
20.73.030
20.73.035
20.73.040
20.73.045
Sections:
20.73.010
meanings indicated:
A.CONDOMINIUM.The term "condominium"shall mean and include the following:.
A condominium project,as defined in Section 1350 of the Civil Code,containing two or
more condominiums, as defined in Section 783 of the Civil Code;a community apartment
project, as defined in Section.110M of the Business and Professions Code,containing two
or more rights of exclusiveoccupancy; a stock cooperative,as defined in Section 11002.2 of
the Business and Professions Code, containing two or more separately owned lots, parcels
or areas; or any other such project as defined by state law.In addition,for the purpose of
this Chapter,development which offers own-your-ownor fee ownership units, whereby the'
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individualownsland directlybelowthe "footprint"of said unit, and all other land within the
project is owned in common, shall be defined as a condominium.
C.PROJECf.The term "project"shall mean the entire parcel of real property
proposed to be used or divided, as land or airspace, into two or more units as a
condominium.
D. UNIT. The term "unit"shall mean the particular area of land or airspace that is
designed,intended or used for exclusive possession or control of individual owners or
occupier. .
B.ORGANIZATIONAL DOCUMENTS.The term "organizational documents"shall
mean the declaration of restrictions, articles ofincorporation,by-laws and any contracts for
the maintenance,management or operation of all or any part of a project.
REQUIRED APPROVALS.20.73.015
A.Condominium projects maybe permitted in anydistrict in whichresidential uses are
permitted, including Planned Communities. In Planned Community Districts, residential
developments, all or part of which have been specifically designated as condominium
projects on the approved Planned Community Development Plan, shall be permitted in
accordance with the provisions of said plan.
B. Condominium conversions shall be similarly permitted subject to securing a
condominium conversion permit approved by the Modifications Committee in accordance
with the provisions of Chapter 20.81 of the Newport Beach Municipal Code.
C. The approval of a tentative and final tract map or parcel map shall be required for
all new condominiumprojects, and for condominium conversionprojects containingfive(5)
or more units in accordance with Title 19, of the Newport Beach Municipal Code.
D. Condominium conversion projects containing less than five (5) units and which are
located on a lot or parcel, or combination of lots or parcels, which were established in
accordance with the provisions of Title 19 of the Newport Beach Municipal Code may be
permitted without the approval of a parcel map,provided that the ModificationsCommittee
approves a condominium conversionpermit.
E. VACANCY RATE. The term "vacancy rate" shall mean the number of vacant
multiple dwellings being offered for rent or lease in the City of Newport Beach shown as
a percentage of the total number of multiple dwellings offered for or under rental or lease
agreement in the City.Said vacancy rate shall be as established once each year, in April,
by survey of 15% of the City's rental units. (Ord.1871 §1, 1980).
Page 196
RESIDENTIAL CONDO-
MINIUM PROJECfS
Chapter 20.73
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Page 197
RESIDENTIAL CONDO·
MINIUM PROJECTS
Chapter 20.73
E.No persons shall construct a new condominium development,or convert an existing
residential usetoa condominium,within the City of Newport Beach without first complying
with the provisions of this Chapter.If it is determined thata parcel mapor tentative map
and flnal mapis required fora condominium conversion,the map shall notbe required to
be filed until a condominium conversion permit hasbeen approved in accordance with the
provisions of Section 20.73.015.This however,shall not preclude the concurrent processing
of the map and the condominium conversion permit.(Ord.94-47,November 9,1994;
Ord.87-37 §August 12,1987)
20.73.020 CONDOMINIUM CONVERSION FEES.In addition to fees required
by Chapter 20.81 and Chapter 19.12,condominium conversion applications shall be
accompanied bya special Building Department inspection fee,established by resolution of
the City Council forthe purpose of identifying building safety violations within the project.
(Ord.94·47,November 9,1994;Ord.87-37 §August 12,1987)
20.73.025 STANDARDS·CONDOMlNlUM CONVERSION PROJECfS.
Condominium conversion projects,shall conform to the following,and the Modifications
Committee,orthe Planning Commission,andorthe City Council,on appeal or review,shall
make specific findings as to such conformance in any action approving a condominium
conversion permit.
A Each dwelling unit shall maintain a separate water meter and water meter
connection.
B.That the number of off-street parking spaces that were required at the timeofthe
original construction shall be provided on the same property to be converted to
condominium purposes,andthe design and location of such parking shall bein conformance
with the provisions of Section 20.10.050 of this Title.However,underno circumstance shall
therebe less thanone covered parking space per dwelling unit.
C.Thateach dwelling unit within a building shall have a separate sewer connection to
the City sewer.
D. The applicant fora condominium conversion shall request a special inspection from
the Building Department forthe purpose of identifying any building safety violations.The
applicant shall correct all identified safety violations priorto issuing a conversion certificate.
E.Bach sewer lateral shall be retrofitted/fitted with a clean out at the property line.
F.'That the existing electrical service connection shall comply with the requirements of
Chapter 15.32 ofthe Newport Beach Municipal Code.
G.Permanent lot stakes and tags shall be installed at all lot corners by a licensed
surveyor or civil engineer unless otherwise provided by the Public Works Department.
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Page 198
RESIDENTIAL CONDO-
MINIUM PROJECTS
Chapter 20.73
Installation of said lot stakes and tags shall require a Record of Survey pursuant to Section
8762 of the Land Surveyor's Act unless otherwise approved by the Public Works
Department.
H.The project shall be consistent with the adopted goals and policies of the General
Plan,particularly with regard to the balance and dispersion of housing typeswithin the City.
I.The establishment,maintenance or operation of the use or building applied for shall
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. (Ord.94-47,November 9, 1994)
20.73.030 MODIFICATION OR WAIVER OF DEVELOPMENT STANDARDS.
The Modifications Committee,bya majority vote of those present and voting, shall have the
right to modify or waive any of the standards required by Section 20.73.025(A)-(E), if such
modification or waiverwillin no waybe detrimental to adjacent properties or improvements
than will the strict compliance with these standards. (Ord.94-47,November 9, 1994)
20.73.035 CONDOMINIUM CONVERSION REGULATIONS, VACANCYRATE.
A.Where it is proposed to convert an existing residential development containing
fifteen (15) or more units to condominium units, the Modifications Committee,or the
Planning Commission, or the City Council on appeal or review, shall disapprove, without
prejudice, any condominium conversion permit application if:
1.The rental dwellingunit vacancyrate, for apartment developments containing
15 or more units, in the City at the time of the public hearing is equal to or
less than five percent (5%).
2. Overriding Considerations. Notwithstanding the above,the Modifications
Committee,or the Planning Commission or City Council, on appeal or review
may approve a condominium conversion permit and, if approved, shall make
corresponding findings, if any of the following overriding considerations exist:
(a)The project will minimize the effect on dwelling unit vacancy rate,and
otherwise substantially complywith the intent of this Chapter;or
(b)Evidence has been submitted that two-thirds (2/3)of the existing tenants
have voted to recommend approval of the conversion. (Ord.94-47,
November 9,1994)
20.73.040 EXISTING STRUCTURES AND USE,APPROVED PLANS.
Any residential condominium development,whether originally established as such or
Page 198·1
RESIDENTIALCONJX).
MINIUM PROmCfS
Chapter 20.73
converted from multi-family units,which lawfully exists on the effective date of this
ordinance,or for which bUilding permits have been issued,or for which an approved
Planned Community Development Plan specifically provides that proposed residential
developments shall be condominiums,shall be permitted to continue such useas approved.
Any addition,expansion or substantial alteration ofthe development plans shall be subject
to all provisions of this Chapter.
20.73.045 SEPARABILITY.Ifany provisions or requirements ofthis Chapter
shall be found invalid or unconstitutional in application or in interpretation bya court of
competent jurisdiction,such decision shall not affect the validity ofthe remaining portions
of this Chapter.(Ord.1817 §1,1979).
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ADULT ENTERTAINMENT BUSINESSES
Chapter 20.74
1 The distance of separation required by Findings Band C shall,be made using a straight line,without regard to Intervening
structures or objects,from the property lineofthe Jot on which the Adult Oriented Business shall be located tothe nearest property line
ofthelot upon which is located a residential usc,religious institution,park or school trom which the measurement is being taken is located
onthe same lotastheAdultOriented business,the distance between thetwoshall be measured ina straight linebetween the frant doors
of each use without -regard to intervening structures or objects.
Page 199
ADULT
ENTERTAINMENT
BUSINESSES
Chapter 20.74
Definitions.
Findings/Requirements.
Severability.
20.74.010
20.74.020
20.74.050
Sections:
20.74.010 DEFINITIONS.The words and phrases used in this chapter
shall be governed by the definitions contained in Chapter 5.96 of the Newport Beach
Municipal Code. (Ord, 94-38,August 24, 1994;Ord. 92-50,December 9, 1992;Ord. 92-29,
July 22, 1992; Ord. 88-2 §1 (part),1988).
20.74.020 FINDINGS/REQUIREMENTS.
A.The Adult Oriented Business 'shall be located in the City's CoO,C-1, C-2,
RMC and RSC Districts and the commercial and industrial areas of P-C Districts.With the
exception of industrial zoned districts, the underlying land use of the adult business must
also satisfythe land use requirements and development standards of the district in which the
Adult Oriented Business proposes to locate.The above notwithstanding,no conditional use
permit shall be required for an Adult Oriented Business.
B.The Adult Oriented Business shall not be located within one thousand (1000)
feet of the boundary of any residential zone or residential use approved by the City of
Newport Beach.'
C.The Adult Oriented Business shall not be located within one thousand (1000)
feet of any lot upon which there is properly located a religious institution,public beach or
park,school or City of Newport Beach facility, including but not limited to City Hall,and
Newport Beach libraries,police and fire stations,'.
D.The Adult Oriented Business shall not be located within 500 feet of another
Adult Oriented Business.
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Page 200
ADULT
ENTERTAINMENT
BUSINESSES
Chapter 20.74
E. The Adult Oriented Business shall comply with the City's parking standards
for the underlying use.Where no objective City parking standards exist for a particular
underlying use,parking shall be provided at a ratio ofone space for every 1.5 occupants
based upon the maximum occupancy approved by the City of Newport Beach Fire
Department.
F. The Adult Oriented business shall have obtained a permit in compliance with
all applicable requirements of Section 5.96 ofthe Newport Beach Municipal Code which is
incorporated herein by this reference.(Ord.94-38,August 24,1994).
20.74.050 SEVERABILITY.If any provision or clause of this Chapter or the
application thereof to any person or circumstance is held tobe unconstitutional or otherwise
invalid by any court of competent jurisdiction,such invalidity shall not affect otherprovisions
or clauses or applications of this Chapter which canbe implemented without the invalid
provision,clause or application;and to this end,the provisions of this Chapter are declared
tobe severable.(Ord.88-2 §1,1988;Ord.1870 §1,1980).
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CHAPTER 20.75
SATELLITE DISH ANTENNAS
The City Council of the Cityof Newport Beach, in adopting this Ordinance,finds and
declares as follows:
C.The regulation of satellite dish antennas,as provided in this ordinance,operates
to preserve the unique scenic quality of the City of Newport Beach and to'protect the safety
and welfare of persons living and working in Newport Beach in that:
FINDINGS.
Findings.
Definitions.
Permit Requirements.
Development Standards.
Satellite Dish Antenna Permit.
Issuance of Permit.
Appeal.
Fees.
Notice.
Nonconforming Antennas.
Separability.
Section 20.75.005
Section 20.75.010
Section 20.75.020
Section 20.75.030
Section 20.75.035
Section 20.75.040
Section 20.75.045
Section 20.75.050
Section 20.75.060
Section 20.75.065
Section 20.75.070
Section 20.75.005.
Sections:
Page 201
SATELLITE DISH
ANTENNAS
Chapter 20.75
A The Federal Communications Commission has adopted a rule which preempts
local government satellite antenna regulations that differentiate between satellite dishes and
other forms of antennas unless the regulations have a reasonable and clearly defined health,
safety or aesthetic objective, do not operate to impose unreasonable limits on, or prevent,
reception of satellite signals and do not impose excessivecosts on the users of the antenna.
B.Satellite dishes differ from other antennas in size,shape and weight,and these
differences, when considered in light of related FCC rules that restrict regulation of the
height of amateur radio facilities,make it impossible to treat satellite dishes and other
antennas in the same manner.
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2. The unique charm and beauty ofthe residential,waterfront commercial,and
recreational areas of the City of Newport Beach contribute to high residential and
commercial property values.These same attributes attract large numbers of tourists and
business travelers which account fora large percentage of the City's economy.The failure
to maintain,and enhance,the charm and beauty of Newport Beach would result in reduced
property values,reduced revenue for those businesses that serve the many visitors to
Newport Beach,and fewer jobsfor those who live,and those who want to work,in Newport
Beach.
Page 202
SATELLITE DISH
ANTENNAS
Chapter 20.75
1.The City of Newport Beach has an international reputation as a premiere
residential community with scenic and recreational resources that attract residents and
visitors alike.
3. The Land Use Policies inthe General Planand Zoning Ordinances ofthe City
of Newport Beach seekto maintain and enhance those qualities that make Newport Beach
oneofthe most desirable places to live,work or visit.Thelanduse element ofthe General
Plan requires the City to adopt zoning ordinances and other development standards to
ensure thatthe beauty and charm of existing residential neighborhoods is maintained and
that commercial and office projects are aesthetically pleasing as well as compatible to
surrounding uses.This policy is to be implemented,in part,through the adoption of
ordinances which,to the maximum extent permitted by law regulate or restrict the
placement of satellite dishes andother visually obtrusive objects.
4.The unique charm and character of Newport Beach is preserved,in large
measure,by ordinances,policies and regulations which,among other things,restrict and
regulate the height and location of structures,related facilities or equipment and
landscaping.
5.Satellite dish antennas,due to their size,shape,bulk,weight,and overall
appearance,woulddf unregulated,reduce the charm,and beauty,and aesthetics of
residential and commercial areas within Newport Beach.Satellite dish antennas,due to
their size and bulk,are likely to block views of natural or manmade features ofinterestto
public and owners of private property.Since the value of property in Newport Beach is
linked to views available from the property,any reduction in views caused by satellite dish
antennas is likely to significantly reduce property values.Satellite dish antennas,if
improperly located,could reduce views of,and from,public streets and alleys and create
significant risks to motorists and pedestrians alike.The size and bulk of satellite dish
antennas significantly reduces openspace,andtheir overall appearance gives the impression
of even greater reductions in open space.The futuristic appearance of satellite dish
antennas is,to a considerable extent,inconsistent with the character and aesthetics of many
of existing residential,commercial and recreational areas within Newport Beach.The
proliferation of satellite dish antennas could significantly reduce the charm and beauty of
those areas,and result in substantial reductions in property value,and reductions in income
derived from the tourist and business traveler.
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C. Color. All satellite dish antennas not screened shall be painted in a manner
compatible with the structures on the site.
Page 203
SATELLITE DISH
ANTENNAS
Chapter 20.75
D.The provisions of this ordinance represent an effort to minimize the impact
of the regulations on the right ofindividualsto receive satellite delivered signalsand, in the
opinion of the City Council"constitute the least intrusive means available to the City to
mitigate the potential adverse impacts on the safety and welfare of our residents and the
quality and aesthetics of the community.
Satellite dish antennas that conform to the development standards in Section
20.75.030 are permitted as accessoryuses in all zoning districts subject to the issuance of a
building permit. Satellite dish antennas that do not conform to Section 20.75.030 shall be
permitted in all zoning districts subject to issuance of a satellite dish antenna permit and
building permit. (Ord.89-14,July 26, 1989).
DEFINITIONS.
PERMIT REQUIREMENTS.
DEVELOPMENT STANDARDS.
Sign.No sign of any kind shall be posted or displayed on any satellite dish
Section 20.75.010.
Section 20.75.020.
A.Satellite Dish Antenna/Antenna.The term "satellite dish antenna" or
"antenna" shall, for the purposes of this Chapter, mean any parabolic and/or disk shaped
antenna of either solid or mesh construction,intended for the purposes of receiving
communications from an orbiting satellite transceiving or transmitting signals or
communications to a satellite, as well as all supporting equipment necessary to install or
mount the antenna. (Ord.89-14,July 26,1989).
E.It is the intent of the City Council that this ordinance be administered and
interpreted such that it .does not constitute an unreasonable limitation on the reception of
satellite delivered signals or the transmission of such signals and that the costs associated
with processing applications for permits and comply with conditions imposed by those
permits are not excessive in lightof the costof the purchase and installation ofthe regulated
equipment. (Ord.89-14,July 26, 1989).
Section 20.75.030.
D.
antenna
A.Setbacks. No portion of any satellite dish antenna shall be located in any
required setback area provided,however,satellite dish antennas whichdo not exceedsix(6)
feet in height may be located in any required side yard setback behind the front yard
setback and in any rear yard setback where the rear yard setback is not adjacent to an alley.
B.Number. No more than one satellite dish antenna shall be permitted on a
building site.
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F.
Page 203-1
SATElliTE DISH
ANTENNAS
Chapter 20.75
Ground Mounted Satellite Dish Antennas.
(1)Size.The diameter of a ground mounted dish antenna shall not
exceed ten (10)feet.
(2)Height.Except as provided in Paragraph A,above,the heightofany
portionofa ground mounted dish antennashallnot exceed fifteen (15)
feet.
(3)Location.Inall residential zones agroundmounted dishantennashall
be located ontherear one-half ofthe building site,provided,however,
ifa building site borders a public streetandanywaterway,beach,bluff,
or park, the satellite dish antennashallbe locatedin the middle one-
third (1/3) ofthe lot measured fromthe propertyline adjacent tothe
public street to therear property line,mean high tideline,actual high
tide line, or bulkhead line,whichever is closest to the propertyline
adjacent to the public street.
(4) Other Requirements.Ground mounted dish antennas shallnotreduce
area required,by provisions of this Code,for parking,internal
circulation,landscaping or other development standard criteria.
Roof Mounted Antennas,
(1)Size.'The diameter of anyroof mounted satellitedish antenna shall
not exceed ten (10)feet.
(2)Height.Roof mounted antennas shallnot:
(a) If installed on a flat roof the antenna shall not exceed the
height limitfor the district;
(b)If installed on a sloping roof the antennashallnot exceed the
heightlimitfor the district applicable to sloping roofs and the
highest point of the antenna shall not exceed the maximum
height ofthe permitted ridge line.
(3)Location.Roof mounted dish antennas sha1l be mountedon the rear
one-half of the building site or the rear one-half of the building
furthest from the primary access tothe site,whichever is furthest from
the frontpropertyline,provided,however,if a building sitebordersa
public streetandany waterway,beach,bluff,orpark,thesatellitedish
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Page 203-2
SATELLITE DISH
ANTENNAS
Chapter 20.75
antenna shall be located in the middle one-third (1/3)of the lot
measured from the property line adjacent to the public street to the
rear property line, mean high tide line, actual high tide line, or
bulkhead line,whicheveris closestto the property line adjacent to the
public street.In the case of a sloping roof, the antenna shall be
mounted on the lower two-thirds (2/3 of the roof plane to which it is
attached.
(4)Wiring.All electrical and antenna wiringshallbe placed underground
or otherwise screened from view.
(5)Permanent Mounting. For a land based installation, all dish antennas
shall be permanently mounted and no antenna may be installed on a
portable or movable structure. (Ord.89-14,July 26,1989).
Section 20.75.035.SATELLITE DISHANTENNAPERMIT.An applicationfor a satellite
dishantenna permit shallbe made on formsprovidedbythe Planning Department and shall
be accompanied by the following:
(1) Site plans drawn to scale and dimensioned,showing the proposed
location ofthe antenna in relation to property lines, setbacks,and any
structures on the site.
(2) Manufacturer's specifications for the antenna.
(3)Specific detailsofanyequipment associatedwiththe installation ofthe
antenna such as footings,guide wires and braces, including roof top
mounts if applicable.
(4) Elevations drawn to scale and dimensioned so as to fullydescribe the
proposed structure and any proposed screened.
(5) Written consent of the property owner.
(6)Statement ofthe reasonswhystrict conformancewiththe development
standards specified in Section 20.75.035 will:
(a) Unreasonably limit, or prevent, reception or transmission of
satellite signals;
(b) Result in excessive expensein light of the cost of purchase and
installation of antenna; or
(c) Be necessary to achieve the goals and objectives specified in
this Chapter. (Ord.89-14,July 26,1989).
Section 20.75.050.FEES. No person shall be charged a fee for applying for a
satellite dish antenna permit. Fees for an appeal to the Planning Commission or City
Council Shall be established by resolution ofthe City Council.(Ord.89-14,July26,1989).
(a) The Planning Director shall issue a permit for any satellite dish antenna if strict
compliance with the provisions of Section 20.75.030:
1.Will result in unreasonable limitations on, or prevent, reception or
transmission of satellite delivered or received signals;
2. The cost of strict compliance with the development standards would be
excessive in light of the purchaseand installation costs of the antenna;or
3. Is not necessary to achieve the objectives of thisChapter.
(b) In the eventthe applicant demonstrates that strict compliance would unreasonably
restrict or prevent reception or transmission of signals,or result in excessive costs,the
Planning Directorshall issue thepermit subject to any conditions necessary or appropriate
to minimize the impact of the installation of the antenna,provided the conditions do not
unreasonably prevent or limit transmission or reception of signals will result in excessive
costs.(Ord,89-14,July 26,1989).
Section 20.75.045.APPEAL.An applicant forasatellite dish antennapermit may
appeala decision of the Planning Directorto the Planning Commission.The appealmust
be filed within thirty (30)days after written notice from the Planning Director of the
decision denying the permit or the decision imposing conditions on the permit. The
Planning Commission may presideoverthe appeal,or may appointahearing officer to take
evidence andsubmit proposed findings and recommendations to the Planning Commission.
The Planning Commission shallrender a decision within thirty (30)days after the hearing
or receipt of findings and recommendations from the hearing officer.In the event the
applicant is not satisfied with the decision ofthe Planning Commission,the applicant may
appeal to the City Council by filing written notice of appeal with the City Clerk within
fourteen (14)days following noticeoftheactionofthe Planning Commission.The hearing
before the City Council shallbeset within thirty (30)days fromthe date ofthe appeal. The
City Council may appoint a hearing officer to take evidence and make findings and
recommendations if the Planning Commission presided overthe initial appeal. The City
Council shallrenderits decision within thirty (30)days afterthehearingonthe appeal. The
decision ofthe City Council shallbe final.(Ord.94-20,May 25,1994;Ord.89·14,July 26,
1989).
Section 20.75.040.ISSUANCE OF PERMIT.
Page 203·3
SATELLITE DISH
ANTENNAS
Chapter 20.75
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Page 203-4
SATELLITE DISH
ANTENNAS
Chapter 20.75
Section 20.75.060.NOTICE.Whenever notice is required pursuant to the
provisions of this chapter,notice of a decision shall be deemed given when the decision is
announced by the Planning Commission or City Council at the hearing on the appeal, or
written notice of the appeal is deposited in the United States mail, first class, postage
prepaid,and addressed as specified on the application for satellite dish antenna permit.
(Ord.89-14,July 26, 1989).
Section 20.75.065.NONCONFORMING ANTENNAS.Satellite dish antennas in
existence as of the effective date of this Chapter shall be considered legal and
nonconforming. Nonconforming satellite dish antennas may be enlarged, expanded or
relocated only if the satellite dish antennas may be enlarged,expanded or relocated only if
the satellite dish antennas are brought into compliance with the provisions of this ordinance,
unless the expansion,enlargement or relocation is necessary to permit reasonable use of the
satellite dish antennas and, in such event, a satellite dish antenna permit shall be obtained
prior to any such expansion,enlargement or relocation.(Ord, 89-14,July 26, 1989).
Section 20.75.070.SEPARABILITY.If any section, subsection,sentence,clause or
phrase of this ordinance isfor any reason held to be invalid or unconstitutional bya decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remainder of the ordinance.(Ord.89-14,July 26, 1989).
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Page 204
TIME-SHARE
DEVELOPMENTS
Chapter 20.76
CHAPTE~20.76
SECTIONS:
20.76.005 Intent
20.76.010 Definitions
20.76.015 Prohibitions
20.76.020 Separability
20.76.005 INTENT. The City Council finds that time-share projects differ in many
aspects from other transient visitor facilities in types of construction, forms of ownership,
patterns of use and occupancy,and commercial management; and the City Council
determines that the unique features of time-share projects can have adverse affects on both
the areas surrounding such use and the whole of the City.Therefore,this ordinance is
adopted to protect the health, safety, peace, and welfare of the public by prohibiting
time-share developments in the City of Newport Beach.
20.76.010 DEFINITIONS.The following terms used herein shallhave the meanings
indicated:
TIME-SHARE PROJECT.The term "time-shareproject" shall be applied to
any development wherein a purchaser receives the right in perpetuity, for life, or for a term
of years, to the recurrent,exclusive use or occupancy of a lot, parcel, unit, room(s), or
segment of real property, annually or on some other seasonal or periodic basis, for a period
of time that has been or will be allotted from the use or occupancyperiods into which the
project has been divided and shall include,but not be limited to time-share estate, interval
ownership, vacation license, vacation lease, club membership, time-share use,
hotel/condominium,or uses of a similar nature.
Page 205
TIME-SHARE
DEVELOPMENTS
Chapter 20.76
TIME-SHARE ESTATE.Theterm "time-share estate"shall mean a right of
occupancy ina time-share project thatis coupled with an estate in thereal property.
TIME-SHARE USE.The term "time-share use"shall mean a license or
contractual or membership right of occupancy in a time-share project thatis not coupled
with an estate in thereal property.
TIME-SHARE UNIT.The term "time-share unit"shall mean each portion
ofthereal property orreal property improvement ina project thatis divided into time-share
intervals.
TIME-SHARE INTERVAL.The term "time-share interval"shall meanthe
period or length of time of occupancy ina time-share unit.
20.76.015 PROHIBITIONS.
A The construction,sale or development of any time-share unit shall be hereafter
prohibited in the City of Newport Beach.
B.It shall be uniawful to sell any right of occupancy in a time-share estate.
C. It shall be uniawful to sell,rentor give by contract or otherwise any license or
membership right of occupancy in a time-share project which isnot coupled with an estate
in real property.
D.It shall be unlawful to convert to a time-share project,a time-share estate,or a
time-share use,allor any part of:
1.An existing single family residential unit:or,
2.An existing residential unitina condominium project:or
3.An existing apartment or multi-family residential unit;or
4.An existing hotel or motel room or unit.
20.76.020 SEPARABIUTY.If any.provisions or requirements of this chapter shall
be found invalid or unconstitutional in application or in interpretation by a court of
competent jurisdiction,such decision shall not affect the validity ofthe remaining portions
of this Chapter.(Adopted by Ord.82·14:August 25,1982).
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AMA1BUR RADIO ANTENNAS
Chapter 20.77
1. The unique charm and beauty of the residential, waterfront
commercial, and recreational areas of the City of Newport Beach contribute to high
C. The regulation of amateur radio antenna, asprovided inthisordinance,
isnecessaryto the health, safetyandwelfare ofpersons living,workingand owningproperty
in the City of Newport Beach in that:
Findings.
Definitions.
Permitted Use.
Development Standards.
Application for Permit.
Issuance of Permit.
Appeal.
Fees.
Notice.
NonconformingAntennas.
Separability.
Section 20.77.005
Section 20.77.010
Section 20.77.020
Section 20.77.030
Section 20.77.035
Section 20.77.040
Section 20.77.050
Section 20.77.060
Section 20.77.070
Section 20.77.075
Section 20.77.080
Page 206
AMA1BUR RADIO
ANTENNAS
Chapter 20.77
AMATEUR RADIO ANTENNAS--------------------
20.77.005 FINDINGS. The City Council of the City of Newport Beach, in
adopting this Ordinance, finds and declares as follows:
A.The Federal Communications Commission has established a rule
preempting state and local regulations that operate to preclude amateur radio
communications. However, the FCC has not preempted local regulations involving
placement, screening or height of amateur radio antennas so long as the regulations are
based on health, safetyor aesthetic considerations,represent a reasonable accommodation
of amateur radio communications,and constitute the minimum practicable regulation
necessary to accomplishthe local agency's legitimate purposes.
B.Amateur radio antennas differ from other antenna, such as roof-
mounted television antenna, in terms of their size,shape,weight and foundation
requirements, and these factors raise aesthetic, safety and welfare concerns that warrant
special regulation.
Sections:
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Page 207
AMATEUR RADIO
ANTENNAS
Chapter 20.77
property values and constitute the basis fora large percentage ofthe City's economy.The
failure to maintain,and enhance,the charm and beauty of Newport Beach could result in
reduced property values and reduced revenue for those businesses that serve the many
visitors to Newport Beach.
2.The Land Use Policies in the General Plan and Zoning
Ordinances ofthe City of Newport Beach seek to maintain and enhance those qualities that
make Newport Beach one ofthe most desirable places to live,work,or visit.According to
the General Plan policies ofthe City of Newport Beach,a primary objective isto preserve
and protect those areas,buildings,structures or natural resources which are of historic,
cultural,or aesthetic value to the community.The General Plan requires the adoption of
zoning ordinances and other controls to preserve visual access to major natural features,
such as the ocean and bay,and insure thatall public and private development is compatible
with the unique natural and manmade resources that give Newport Beach its charm and
character.
3. The unique charm and character of Newport Beach ispreserved,
in large measure,by ordinances,policies and regulations which,among other things,restrict
and regulate the height and location of structures,related facilities or equipment and
landscaping.
4.Amateur radio antennas,dueto their height,size,and overall
appearance,have the potential to block or impair views of natural and manmade features
of importance to the public and owners of property if left unregulated.The antennas,
because oftheir height and unique appearance,tendto dotninate the landscape and reduce
visual open space.The overall appearance of amateur radio antennas is inconsistent with
the character and aesthetics of many ofthe existing residential,commercial and recreational
areas within Newport Beach and the proliferation of such antennas could significantly
reduce the charm and beauty of those areas,reduce property values,reduce income derived
from tourism,and reduce the number ofjob opportunities available in the City.
D. The provisions of this Ordinance also protect the safety of persons
living,and working,in Newport Beach inthat free-standing amateur radio antennas do pose
a threatto the safety of persons or property in the vicinity in the event of collapse.The
provisions of this Ordinance,will help insure that amateur radio antennas are installed in
a manner that insures the safety and security of persons and property living or working
nearby.
E. The provisions of this Ordinance represent the minimum practical
regulation necessary to satisfy the aesthetic,health,safety and welfare concerns that have
prompted these minimal restrictions on amateur radio antennas.
F. Itisthe intent ofthe City Council that this Ordinance be administered
and interpreted to reasonably accommodate amateur radio communications,to constitute
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B.Permitted height.
1.The height of an antenna shall be measured from natural grade
at the point the mast touches,or if extended would touch,the ground.
B.Antenna Structure.The term "antenna structure"refers collectively to
an antenna and its supporting mast or tower, if any.
the minimum regulation necessary to accomplish the purposes of this Ordinance,and to
impose no unreasonable cost on the amateur radio operators.(Ord,88-6 §April 27, 1988).
Development Standards.
Definitions.
Section 20.77.030
Section 20.77.010
A.Lowering device. All amateur radio antennas,capable of a maximum
extended height in excess of 40 feet, with the exception ofwhip antennas,shall be equipped
with a motorized device and mechanical device, each capable of lowering the antenna to the
maximum permitted height when not in operation.
2.When in operation,no part of any amateur radio antenna shall
extend to a height of more than 75 feet above natural grade of the site on which the
antenna is installed.
Page 208
AMATEUR RADIO
ANTENNAS
Chapter 20.77
D. Whip Antenna.The term "whip antenna"shall mean an antenna
consisting of a single,slender,rod-like element,less then one wave length long, which is
supported only at or near its base.(Ord.88-6 §April 27, 1988).
C. Mast.The term "mast"shall mean a pole of wood or metal,or a tower
fabricated of metal,used to support an amateur radio antenna and maintain it at the proper
elevation.
Section 20.77.020 Permitted Use.Amateur radio antennas,structures and masts
that comply with the development standards specified in Section 20.77.030 are permitted as
an accessory use in all zoning districts subject to issuance of any other appropriate permit.
Amateur radio antennas,structures and masts which do not conform to Section 20.77.030
shall be permitted subject to first securing an amateur radio antenna permit,and any other
appropriate permits.(Ord.88-6 §April 27, 1988).
A.Amateur Radio Antennas.The term "amateur radio antenna"shall
mean any antenna which is used for the purpose of transmitting and receiving radio signals
in conjunction with an amateur radio station licensed by the Federal Communications
Commission.
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Page 209
AMAlEUR RADIO
ANTENNAS
Chapter 20.77
3.When notin operation,nopartof any amateur radio antenna,
excepting whip antennas,shall extend to a height of more than28 feet measured above
grade ofthesiteon which the antenna is installed.
C.Number permitted.One amateur radio antenna structure andonewhip
antenna shall be permitted on each building site.
D.Siting/Setbacks.The antenna structure shall be located onsitein a
manner which will minimize the extent to which the structure is visible to nearby residents
and members ofthe general public.Antenna structures shall be considered to satisfy this
criteria if:
1.No portion ofthe antenna structure or mast is located within any
required setback area;and
2.No portion ofthe antenna structure or mast is within the front
40 percent ofthat portion ofthe building sitethat abuts a street;and
3. In the event a building site abuts two or more streets,the mast
isnot located within the front 40 percent ofthat portion ofthe building site where primary
access is provided to the property.(Ord,88·6 §April 27,1988).
Section 20.77.035 Application forPermit.The development standards in Section
20.77.030 may be waived or modified by the Planning Director upon application for an
amateur radio antenna permit.The application shall beona form supplied bythe Planning
Department andshallbe accompanied bythe following information,maps and plans:
1.Site plans drawn to scale and dimensioned,showing the
proposed location ofthe antenna.
2.Manufacturer's specifications ofthe antenna structure.
3.Details of footings,guys,and braces.
4.Details of attaching or fixing the antenna to the roof (if
applicable).
5.Elevations drawn to scale and dimensioned so as to fully
describe the proposed structure.
6.Statement of the reasons why strict conformance with the
development standards specified in Section 20.77.030 will unreasonably interfere with the
operator's ability to receive or tratlsmit signals or impose unreasonable costs onthe amateur
radio operator when viewed in light ofthe cost ofthe equipment.(Ord.88-6 §Apri127,
1988).
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B.Notice of an application for a building or other permit necessary to
construct a new,or modify an existing,amateur radio antenna,structureor mast,shallbe
Section 20.77.060 Fees. No person shallbe charged a fee for applying for an
amateurradioantennapermit.Reasonable feesfor an appealto the Planning Commission
or City Council shallbe established by resolution ofthe City Council.(Ord.88-6 §April
27,1988).
A Whenever noticeisrequiredpursuanttothe provisions ofthis Chapter,
noticeshallbe deemed given whena decision is announced at the hearingon anyappeal
orwhenwrittennoticeofthe decision or intent to appealis deposited in the United States
mail,first class,postage prepaid,and,inthe caseofan applicant,addressed as specified on
the application for permit.
Page210
AMATEUR RADIO
ANTENNAS
Chapter 20.77
Section 20.77.040 Issuance of Permit.The Planning Director shall issue an
amateurradioantennapermitifthe applicant demonstrates that strict compliance withthe
development standards specified in Section 20.77.030,would unreasonably interferewiththe
applicant's ability to receive or transmit signals,would impose unreasonable costs on the
operationwhen viewed inlightofthe costofthe equipment,or that strict compliance with
the development standards isnot,underthe circumstances ofthe particular case,necessary
to achieve goals and objectives of this Ordinance.In granting the permit, the Planning
Director may impose conditions reasonably necessary to accomplish the purposes of this
Ordinance,provided those conditions do not unreasonably interferewiththe ability ofthe
applicant to receive or transmit signals or resultin extensive costor expense.(Ord,88-6 §
April 27,1988).
Notice.Section 20.77.070
Section 20.77.050 Appeal.An applicant for an amateur radio antenna permit
may appeal a decision of the Planning Directorto the Planning Commission.The appeal
mustbe filed within thirty (30)days after written notice of the decision of the Planning
Director.The Planning Commission maypresideoverthe appeal,ormayappointa hearing
officer totake evidence and submit proposed findings and recommendations tothe Planning
Commission.The Planning Commission shallrendera decision within thirty (30)days after
the hearing or receipt of findings and recommendations from the hearing officer.In the
event the applicant is not satisfied with the decision of the Planning Commission,the
applicant may appeal to the City Council by filing written notice of appeal with the City
Clerk within fourteen (14)days following notice ofthe actionofthe Planning Commission.
The hearing beforethe City Council shallbe set within thirty (30)days fromthe date ofthe
appeal.The City Council mayappointahearing officer to take evidence andmake findings
and recommendations if the Planning Commission presided over the hearing.The City
Council shallrenderits decision within thirty (30)days afterthehearingonthe appeal.The
decision ofthe City Council shallbe final.(Ord.94-20,May 25,1994;Ord.88-6 §April 27,
1988).
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Page 211
AMATEUR RADIO
ANTENNAS
Chapter 20.77
given to all owners of real property (as shown on the latest equalized assessment roll)
located within 100 feet ofthe parcel on which the proposed antenna,structure or mast is
tobe located and notice shall also be given to affected homeowner's association registered
with the City.(Ord.88-6 §April 27,1988).
Section 20.77.075 Nonconforming Antennas.Amateur radio antennas,antenna
structures,and masts in existence asofthe effective dateof this Ordinance may continue
to be used without complying with the provisions of this Ordinance except as herein
provided and shall be considered a legal nonconforming use.Amateur radio antennas,
antenna structures,and masts that are a legal nonconforming use shall comply with the
provisions of Section 20.77.030B (Permitted Height)tothe extent that they are capable of
doing so without modifications.Amateur radio antennas,antenna structures and masts may
be enlarged,expanded or relocated only if brought into compliance with the provisions of
this Ordinance,unless the expansion,enlargement or relocation is necessary to permit
reasonable useofthe amateur radio equipment served bythe antenna and,in such event,
an amateur radio antenna permit shall be obtained before any expansion,enlargement or
relocation.(Ord.88-6 §April 27,1988).
Section 20.77.080 Separability.If any section,subsection,sentence,clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction,such decision shall not affect the validity of
the remainder ofthe Ordinance.(Ord.88-6 §April 27,1988).
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GRANNY UNITS
CHAPTER 20.78
20.78.025 DEVELOPMENT STANDARDS.The following standards
shall be met prior to the occupancy of the granny unit pursuant to .this Chapter:
Page 212
GRANNY UNITS
Chapter 20.78
Intent and Purpose
Definition
Use Permit Required
Development Standards
Verification of Occupancy
Recordation Required
Termination of Use
20.78.010
20.78.015
20.78;020
20.78.025
20.78.030
20.78.035
20.78.040
Sections:
20.78.010 INTENT AND PURPOSE.The intentandpurposeof this
Chapter is to establish procedures for the creation of granny units as defined herein and in
California Government Code Section 65852.1,and to provide development standards to
insure the orderly development of these units in appropriate areas of the City.(Ord.88-46,
January 11, 1989).
02.78.015 DEFINffiON.As used in this Chapter,a granny unit is
defined as a detached or attached dwellingunit to be constructed on a building site zoned
for a single family residence in conjunction with a primary residence, with the second
dwelling unit intended for the sole occupancy of one or two adult persons who are 60 years
of age or older, and the area of floor space of the second dwelling unit does not exceed 640
square feet. (Ord.88-46,January 11, 1989).
20.78;020 USE PERMTI:REQUIRED.Approval of a Use Permit in
accordance with the provisions of Chapter 20.80 of the Municipal Code is required for the
establishment of any granny unit as defined in this Chapter.(Ord, 88-46,January 11, 1989).
A Building Height. Buildingheight shall be regulated by Chapter 20.02of the
Municipal Code, in accordance with the "Official Height Limitations Zone Map"
incorporated within Chapter 20.02.Granny units located in the R-1 District which are
detached from the primary residence and on the second floor of an accessory
building are permitted to conform to the provisions of the 24/28 Foot Height Limitation
Zone.
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Page 213
GRANNY UNITS
Chapter 20.78
B.Setback Requirements.All building setbacks required in the District in
which the granny unitis proposed shall be met.
C.Minimum Lot Size.A minimum lot size of 5,450 square feet shall be required
in orderto establish a granny unit pursuant to this Chapter.
D.Minimum Floor Area.Each granny unit established pursuant to this
Chapter shall provide a minimum of 600 squarefeetof floor area,as measured from within
the surrounding perimeter walls ofthe unit.
E.Maximum Floor Area.No granny unit established pursuant to this
Chapter shall have morethan 640 square feet of floor area,as measured from within the
surrounding perimeter walls of the unit.
F.Parking Required.In addition to the parking required for the primary
residence,there shall be at leastone independently accessible parking space forthe granny
unit,provided there are at least two covered parking spaces on the site.This additional
parking space shall be kept free,clear,and accessible for the parking of a vehicle at all
times.
G.Owner/Occupancy Required.The primary residence or the granny unit
shall be continuously occupied byat leastone person having art ownership interest in the
property.(Ord,89-22,Sept.27,1989;Ord.88·46,January 11,1989).
20.78.030 VERIFICATION OF OCCUPANCY.Commencing with the
final inspection ofthe granny unitbya City Building Inspector andonan annual basis every
year thereafter,the property owner shall submit to the Planning Directorthe names and
birthdatesof any andall occupants ofthe granny unit constructed pursuant to this Chapter
to verify occupancy bya person or persons 60 years ofageor older.Upon any change of
tenants.the property owner shall notify the City immediately.This information shallbe
submitted in writing and contain a statement signed bythe property owner certifying under
penalty of perjury that allofthe information istrue and correct.(Ord.88-46,January 11,
1989).
20.78.035 RECORDATION REQUIRED.Subsequent to the approval
ofa Use Permit andpriorto the issuance ofa building and/or grading permitfora granny
unit,the property owner shall record a deed restriction withthe County Recorder's Office,
the form and content of which is satisfactory to the City Attorney,stating that underno
circumstances shall the granny unitbe rentedto or otherwise occupied by any personor
persons less than 60 years of age.Said document shall also containall conditions of
approval imposed bythe Planning Commission or City Council.Thisdeed restriction shall
remain in effect solongasthe granny unit exists onthe property.(Ord,88-46,January 11,
1989).
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Page 214
GRANNY UNITS
Chapter 20.78
20.78.040 TERMINATION OF USE.In the eventthat the property
owner desires to terminate the use of the granny unit and remove the deed restriction,
building permits shall be obtained that restore the property to a single dwelling unit as
defined in Section 20.87.140 ofthe MunicipalCode. The Planning Director shallreviewand
approve the plans prior to the issuance of the building permits to insure compliance with
the intent of this Section and Section 20.87.140.Upon completion of the final inspection
by a City Building Inspector, the Planning Director shall cause the deed restriction to be
removed from the property by the county Recorder.(Ord.88-46,January 11, 1989).
CHAPTER 20.79
SECOND FAMILY UNITS
Page 215
SECOND FAMILY UNITS
Chapter 20.79
Second Family Residential Unit. A dwellingunit accessory to and either attached
to,detached from, or contained within the primary dwelling unit on a building site.
(Ord,92-47,December 9,1992;Ord.88-39,November 23, 1988).
The following term used in this Chapter
Intent and Purpose.
Definition.
Prohibitions.
Separability.
20.79.010
20.79.015
20.79.020
20.79.025
20.79.025 SEPARABILITY.If any provisions or requirements of this
Chapter shall be found invalidor unconstitutional in application or interpretation bya court
of competent jurisdiction, such decisionshallnot affect the validityof the remaining portions
of this Chapter. (Ord.88-39, November 23, 1988).
20.79.020 PROHmmONS.The creation of a second family residential
unit on all building sites within the City of Newport Beach where the zoning and General
Plan permit only one (1) dwelling unit is expressly prohibited.Nothing contained herein
shall affect the creation of Granny Units under Section 65852.1 of the California
Government Code that are in compliance with the Newport Beach Municipal Code.
(Ord.88-39,November 23,1988).
20.79.010 INTENT AND PURPOSE.It is the intent of this
Chapter to prohibit the development of second family residential units on single family
residential lots as provided for in Section 65852.2 of the California Govermnent Code.
(Ord.88-39, November 23, 1988).
20.79.015 DEFINmON.
shall have the meaning indicated herein:
Sections:
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~
Chapters:
20.80
20.81
20.82
20.83
20.84
20.85
20.86
20.87
PART VIII:ADMINISTRATION
Permits
Modifications Committee
Variances
Nonconforming Structures and Uses
Amendments
Appeals
Enforcement
Definitions
PERMITS
Chapter 20.80
Page 216
PERMITS
Chapter 20.80
Zoning Permit Required.
Use Permits.
Application for Use Permit-Fee.
Public Hearings.
Action by Conunission,Director or
City Council.
Use Permit Appeal.
Right of Review by City Council.
Notice to County Assessor and'Owner.
Use Permit Requisite to Other Permits.
Revocation of Permits or Variances.
20.80.070
20.80.075
20.80.077
20.80.080
20.80.090
20.80.010
20.80.020
20.80.030
20.80.050
20.80.060
20.80.010 ZONING PERMIT REQUIRED.Zoning Permits shall be
required for all buildings and structures hereinafter erected, constructed, altered,repaired,
or moved within or into any district established bythis 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 maybe a part of the building permit and shall be issued bythe Building
Inspector prior to anyconstruction. (Ord. 635(part),1960:1949Code §9106.1,§9106.11).
Section:
20.80.020 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).
20.80.030 APPliCATION FOR USE PERMIT -FEE.Applications for
Use Permits shall be rued in the office of the Community Development Department in
writing on forms prescribed by the Director,and shall be accompanied by a fee as
establishedby Resolution of the CityCouncil,and byplans and elevations necessaryto show
the detail of the proposed building or use.
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Page 217
PERMITS
Chapter 20.80
Application fora Use Permit may be made by the owner,lessee,or agent ofthe owner of
the property affected.The application shall be signed bythe recorded owner orthe lessee
or may be signed by an agent ofthe owner if written authorization from the record owner
is filed with the application.(Ord.1686 §4,1976;Ord,1611 §1,1975;Ord.1566 §1,1974;
Ord.1396 §1,1971;Ord.1272 §1,1968;Ord.1059 (Part),1963;Ord.635 (part),1950:
1949 Code §9106.21).
20.80.050 PUBUC HEARINGS.A.DISCRETIONARY.No public
hearings need be held in connection with the grant or denial ofan application fora Use
Permit:provided that the Planning Commission may in its discretion hold such public
hearings asit deems advisable.
B.REQUIRED NOTICE.When is is deemed advisable to hold a public hearing,notice
of such hearing shall be mailed not less thanten (10)days before the hearing date,postage
prepaid,using addresses from thelast equalized assessment rollor,alternatively,from such
other records as contain more recent addresses,to owners of property within a radius of
three hundred (300)feetofthe exterior boundaries ofthe subject property.It shall bethe
responsibility ofthe applicant to obtain and provide to the City the names and addresses
of owners as required by this section.
In addition to the mailed notice,such hearings shall be posted in not less than two
conspicuous places onor close tothe property atleastten (10)days priortothe hearing.
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
thedateofthe continued hearing is announced in open meeting.(Ord,1705 §1,1977;Ord,
1695 §1,1976:Ord.1465 §1 1972:Ord,1396 §3,1971;Ord.1059 (part),1963:Ord.635
(part),1950:1949 Code §9106.23).
20.80.060 ACTION BY COMMISSION OR CITY COUNCIL.
A.FINDINGS.In orderto grant any Use Permit,the Planning Commission orthe City
Council in acting on appeals or reviewing any decision ofthe Planning Commission shall
find thatthe establishment,maintenance or operation oftheuseor building applied for will
not,under the circumstances ofthe 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 ofthe City.
B.IMPOSITION OF CONDITIONS.The Planning Commission orthe City Council
in acting on appeals or in reviewing any decision ofthe Planning Commission may impose
such conditions in connection with the granting ofaUse Permit as they deem necessary to
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PERMITS
Chapter 20.80
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 eventofanappealto the
City Council from a decision ofthe Planning Commission granting or denying a Use Permit,
the Planning Commission shallfile with the City Council priorto the hearing ofthe appeal
written findings setting forththe 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 shallnot become effective for fourteen (14)days afterbeinggranted,and
in the event an appealis filed or if the City Council shall exercise its right to review any
such decision,the permit shall not become effective unless anduntila decision granting the
UsePermitismadebythe City Council.The granting of any Use Permitpursuantto the
provisions of this Titleis hereby declared tobe an administration function,the authority and
responsibility for performing which is imposed upon the Planning Commission,and the
action thereonbythe Planning Commission shall be final and conclusive,except inthe event
ofan appealor an exercise ofitsrightof review bythe City Council.(Ord.94-20,May 25,
1994;Ord,1396 §4,1971;Ord.1057 (part),1963;Ord,635 (part,1950;1949 §9106.24).
20.80.070 USEPERMITAPPEAL.A INITIATION OF APPEAL.In case the
applicant or anyother personis not satisfied with the action ofthe Planning Commission,
he may appealin writing to the City Council by filing a notice ofappealwiththe City Clerk
within fourteen (14)days following said action.Said notice ofappealshallbe accompanied
bya fee as established by Resolution of the City Council
B.DATE-NOTICE.THE City Clerk shall seta datefor public hearing and give notice
in the manner prescribed in Section 20.80.050.The City Clerkshall notify the appealing
party of the date set for the appealand shall also notify the Planning Commission if the
appealisfroma decision ofthe Planning Commission.Upon receiving notice ofappealto
the City Council,the Planning Director shall submit a written report of the Planning
Commission proceedings to the City Council,togetherwithall maps,letters,exhibits,and
other documentary evidence considered bythe Planning Commission in reaching a decision.
C.DECISION.The City Council shall renderits decision within 30 days afterthe close
of such hearing.(Ord.94-20,May 25,1994;Ord.1686 §5,1976;Ord,1396 §5,1971;Ord
1272 (part),1968;Ord.1059 (part),1963;Ord.635 (part),1950;1949 Code §9106.24).
20.80.075 RIGHTOF REVIEW BY CITY COUNCIL.The City Council,
on its own motion,adopted byfour affirmative votes,may electto review any decision of
the Planning Commission granting a Use Permit.The City Council's rightof review may
be exercised at any time prior to the expiration of fourteen (14)days from the date on
which the Planning Commission renders its decision.In any Use Permit proceeding in
Page 219
PERMITS
Chapter 20.80
which the City Council exercises its right of review,the City Clerk shall setadatefor public
hearing and give notice inthe manner specified in Section 20.80.050.The City Clerk shall
also give notice ofthe time anddatesetforthe hearing tothe applicant andthe Planning
Commission.Upon receiving notice ofthe City Council review proceeding,the Planning
Director shall submit a written report ofthe Planning Commission proceedings together with
all maps,letters,exhibits,and other documentary evidence considered by the Planning
Commission in reaching a decision.(Ord.94-20,May 25,1994;Ord.1396 §6 1971).
20.80.077 NOTICE TO COUNTY ASSESSOR AND OWNER.Within
thirty (30)days following the effective date of the Use Permit,the Department of
Community Development shall notify the County Assessor andthe owner of record,inthe
event theUse Permit was initiated bysomeone otherthanthe owner of record,ofthe action
taken bythe City,as prescribed by the Government Code.(Ord.1705 §2,1977).
20.80.080 USE PERMIT REQUISITE TO OlHER PERMITS.No build-
ing 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 bythe Planning Commission or by the affirtnative vote of the City Council on
appeal or review andthen only in accordance with the terms and conditions ofthe Use
Permit granted.(Ord.1396 §7,1971;Ord.1059 (part),1950;1949 Code §9106.25).
20.80.090 EXPIRATION AND REVOCATION OF PERMIT
APPROVALS.
A.EXPIRATION.Any Zoning Permit or Use Permit granted in accordance with the
terms of this Title shall expire within twenty-four (24)months from the dateof approval
unless a building permit has been issued and construction has commenced prior to the
expiration date.The Planning Commission and the City Council may specify a different
expiration dateat the time of approval.
B.VIOLATION OF1ERMS.Any Zoning Permit orUse Permit granted in accordance
with the terms of this Title may be revoked if any ofthe conditions or terms of such Permit
are violated,or if any law or ordinance is violated in connection therewith.
C.HEARING.The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice tothe permittee atleastten days priortothe hearing,
and shall submit its recommendations to the City Council.The City Council shall act
thereon within 60 days after receipt ofthe recommendation ofthe Planning Commission.
(Ord.88-32,October 12,1988;Ord,1861,§2,1980;Ord.1700,§1,1976;Ord,845 (Part),
1958;Ord.635 (part),1950;1949 Code §§9106.41,9106.42 and 9106.43).
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~---------------------------------------~l
MODIFICATIONS COMMfI'IEE
Chapter 20.81
Page 220
MODIFICATIONS
COMMfI'I'EE
Chapter 20.81,
20.81.010 MODIFICATIONS COMMlTIEE.A Modifications Committee
consistingof three members is hereby established for the purpose of passing upon requests
for reasonable use of property not permissible under existingregulations. 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 Planning Director or his designated
representative;the Public Works Director or his designated representative;and the Building
Director or his designated representative.The Planning Director shall act as Chairman and
staff members shall be assigned to aid the Committee as necessary. (Ord.1854 §2,1980;
Ord.1480 §1,December 18,1972;Ord.1378 §1,1971;Ord,1268 §1 (part),1968).
Modifications Committee.
Powers and Duties.
Hearings.
Required Notice.
Applications.
Action by Committee.
Appeal.
Notice to County Assessor and Owner.
Referral to Planning Commission.
Revocation of Modification Approvals.
Administrative Act.
20.81.010
20.81.020
20.81.030
20.81.040
20.81.050
20.81.060
20.81.070
20.81.075
20.81.080
20.81.090
20.81.100
Sections:
20.81.020 POWER 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 preclude a reasonable use of property not otherwise permissible under existing
regulations, the Modifications Committee maygrant approval ofsuch modifications relating
to:required buildingsetbacks in front, side or rear yards;heights ofwalls,hedges or fences;
distances between buildings; area,number and height of signs not requiring an Exception
Permit;structural appurtenances orprojections whichencroach into front, side or rear yards;'
location of accessory buildings on a building site; the construction or installation of
chimneys,vents, rooftop architectural features and solar equipment in excess of permitted
height limits; size or location of parking spaces or access to parking spaces; swimmingpool
and swimmingpool equipment encroachments; roofparking ofautomobiles; minormodifica-
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Page 221
MODIFICATIONS
COMMITIBE
Chapter 20.81
tions and improvements to nonconforming buildings;lotline adjustments;tentative parcel
maps;condominium conversion permits in accordance with Cahpter 20.73 of this Title;and
such items as may be subsequently set forth bythe Planning Commission resolution,subject
toa confirming resolution bythe City Council.The Modifications Committee shallalso pass
uponall requests to extend existing use permits which havebeen approved bythe Planning
Commission and exercised bythe applicant.(Ord,94·47,November 9,1994;Ord,94·29,
July 27,1994;Ord.94·17,May 11,1994;Ord.92·44,September 23,1992;Ord.92-7,May
13,1992;Ord.89·35,Dec.27,1989:Ord.1854 §2,1980;Ord.1268 §1 (part),1968)
20.81.030 HEARINGS.The Modifications Committee shall hold oneor
more regular meetings each month and may hold special meetings as necessary.Uponthe
receipt,inproper form,of any application filed pursuant to this chapter,a timeand place
for a public hearing shall be fixed,to be heldnot less than ten (10)days nor morethan
thirty (30)days thereafter.Upon the date set for the public hearing before the
Modifications Committee,the Committee may continue the hearing toanotherdate without
giving further notice thereofif the date of the continued hearing is announced in open
meeting.(Ord.1268 §1 (part),1968).
20.81.040 REQUIRED NOTICE.Notice of such hearing shall be mailed
not less thanten (10)days before the hearing date,postage prepaid,using addresses from
the last equalized assessment rollor,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 ofthe subject property.It shall be the responsibility ofthe applicant
to obtain and provide to the City the names and addresses of owners as required by this
section.
In addition to the mailed notice,such hearing shall be posted in not less than two
conspicuous places on or close to the property at leastten (10)days prior to the hearing.
(Ord.1705 §3,1977:Ord.1695 §2,1976;Ord.1465 §2,1972;Ord.1268 §1 (part),1968).
20.81.050 APPLICATIONS.A.PROCEDURE.Application for a
modification shall bemadein writing tothe Planning Department on forms provided bythe
City.Applications filed pursuant to this section shall be numbered consecutively in order
oftheir filing and Shall become a partof permanent official records ofthe City,andthere
shall be attached thereto copies ofall notices and actions pertaining thereof.Application
for modification may be made bythe owner,lessee or agent ofthe owner ofthe property
affected.The application shall be signed byeitherthe record owner,the lessee oran agent
ofthe owner,if written authorization from the record owner is filed with the application.
However,inthe case ofalotline adjustment,the record owners ofall parcels involved shall
sign the application form.
B.INFORMATION REQUIRED.An application for a modification shall be
accompanied bythe following:
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Page 222
MODIFICATIONS
COMMITTEE
Chapter 20.81
(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 Planning Director
to assure a proper consideration of the application.
(4)ill the case of a lot line adjustment, a map prepared by licensed surveyor or
civil engineer showing the line to be adjusted, the property lines of the
adjoiningparcels, and structures adjacent to the line to be adjusted.
C. FEES. Before receiving any application for a modification,the Cityshall,for
purposes of defraying the expenditures incidental to the proceedings described herein,
charge and collect a fee as established by Resolution of the City Council for each
application. (Ord. 1854 §2,1980;Ord.1686,§6,1976).
20.81.060 ACTIONBY COMMfl'l'EE.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.ill order to grant relief to an applicant through a modification,
the Committee shallfind that the establishment,maintenance or operation ofthe use ofthe
property or building will not,under the circumstancesofthe particular case,be detrimental
to the health, safety,peace, comfort and general welfare of persons residing or workingin
the neighborhood of such proposed use or be detrimental or injurious to property and
improvementsin 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.ill
the case of lot line adjustments, the following specific findings shall be made:
(1) The project site described in the proposal consistsof legal building sites;
(2)Arrj land taken from one parcel will be added to an adjacent parcel and no
additional parcels will result from the lot line adjustment;
(3) The parcels proposed to be created by the lot line adjustment complywith all
applicablezoningregulations,and that there willbe no changein the landuse,
density,or intensity on the property;
(4) The lot line adjustment, in and of itself, will not result in the need for
additional improvements and/or facilities.
Page 223
MODIFICATIONS
COMM11TEE
Chapter 20.81
C.IMPOSmONOF CONDmONS.The Modifications Committee mayitnpose such
conditions ~connection with the granting ot 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.
D.RENDERING OF DECISION.After the conclusion of the hearing on any
application fora modification,the Committee shall render a decision within fifteen (15)days
unless otherwise stipulated bythe applicant andthe Committee.No permit or license shall
be issued for any useor property modification until the decision shall have become final by
reason ofthe expiration of time to make an appeal,which for purposes of modifications
shall be within fourteen (14)calendar days after thedateofthe 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 tothe
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 asthe
decision has become final,and copies shall also be directed tothe Secretary ofthe Planning
Commission and the City Council.(Ord.1854 §2,1980;Ord.1502 §2,1973;Ord.1268 §
1 (part),1968).
20;81.070 APPEAL.A.INmATION 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 ofthe Planning Commission within fourteen (14)calendar days
following the decision ofthe Committee.
B. FEE. To partially defray the administrative costs ofthe City,the Notice of
Appeal shall be accompanied by a feeas established by Resolution ofthe City Council.
C.DATE·NOTICE.The Planning Commission shall setadatefor public hearing and
give notice inthe same manner as prescribed in Section 20.81.040.Upon receiving Notice
of Appeal tothe Planning Commission,the written findings ofthe Modifications Committee
shall be submitted tothe 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 afterthe filing of such appeal.
E.APPEAL TO CITY COUNCIL.
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MODIFICATIONS
COMMfITEE
Chapter 20.81
(1)In casethe applicant or anyotherpersonisnot satisfied withthe action ofthe
Planning Commission,he mayappeal in writing to the City Council by filing
a Notice ofAppeal with the City Clerk within fourteen (14)days following said
action.Said Notice of Appealshallbe accompanied bya fee as established
by Resolution ofthe City Council.
(2) DATE-NOTICE.The City Clerkshallset a dateforpublichearingand give
noticeinthesamemanneras prescribed in Section 20.81.040.The City Clerk
shall notify the appealing party of the date set for the appeal and shall also
notify the Planning Commission.Upon receiving Notice ofAppealto the City
Council,the Planning Directorshall submit a writtenreport of the Planning
Commission proceedings to the City Council,togetherwith all maps,letters,
exhibits,and other documentary evidence considered by the Planning
Commission in reaching a decision.
(3)DECISION.The City Council shallrenderits decision within thirty (30)days
after the close of such hearing.
F. RIGHTOFREVIEWBY CITY COUNCIL OR PLANNING COMMISSION.The
Planning Commission or City Council,on their own motions,adopted byfour affirmative
votes,may elect to review any decision of the Modifications Committee approving an
application 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
Modifications Committee,the Planning Commission's or City Council's rightof review may
beinitiatedat anytimeprior to the expiration offourteen (14)days fromthe dateon which
the Modifications Committee renders its decision.Said review maybe initiated by any
member of the Planning Commission or the City Council by notification to the Planning
Director.The Planning Director will thereafter impose a temporary stay of the
Modifications Committee's action until such time as the Planning Commission or City
Council shallmeet and decide to exercise their rightof review byfour affirmative votes.
In the caseofa decision fromthe Planning Commission,the City Council's rightof review
maybe initiatedat any timeprior to the expiration offourteen (14)days fromthe date on
which the Planning Commission rendersits decision.In any application fora modification
proceeding in which the City Council exercises its rightof review,the City Clerkshallset
a dateforpublichearingand give notice in the manner specified in Section 20.81.070E(2).
The City Clerkshallalso give writtennoticeofthe timeand date setfor the hearingto the
applicant andthe Planning Commission.Upon receiving noticeofthe City Council review
proceeding,the Planning Directorshall submit awrittenreportofthe Planning Commission
proceedings together with all maps,letters,exhibits,and other documentary evidence
considered bythe Planning Commission in reaching a decision.(Ord.94-20,May 25,1994;
Ord,1854 §2,1980;Ord.1788,(part),§1,1979;Ord.1774 (part),§1 (part),1979;Ord.
..-.------------------------......1
Page 225
MODIFICATIONS
COMMI'l'1EE
Chapter 20.81
A.EXPIRATION.Any Modification granted in accordance with the terms of this Title
shall expire within twenty-four (24)months from the date of approval unless a building
permit hasbeen issued and construction has commenced priortothe expiration date.The
Modifications Committee may specify a different expiration dateat the time of approval.
B.VIOlATION OF'IERMS.Any Modification 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 ofthe terms and conditions of such modification after giving written
notice tothe permittee atleastten days priortothe hearing.(Ord.88·32,October 12,1988;
Ord,1861 §4,1980;Ord.1716 §1,1977;Ord.1268 §1 (part),1968).
20.81.100 ADMlNIS'IRATIVE ACf. The granting of any modlfication,when
conforming tothe provisions of this title,is hereby declared tobe an administrative function,
the authority and responsibility for performing which is imposed uponthe Modifications
Committee and the Planning Director and the action thereon by the Modifications
Committee or Planning Director shall be construed as administrative acts performed forthe
purpose of assuring that theintentand purpose of this title shall apply in special cases,as
provided in this section,and shall notbe construed as amendments tothe provisions of this
titleorthe zoning map ofthe City.(Ord,1854 §2,1980;Ord.1502 §5,1973;Ord,1268 §
1 (part),1968).
1686,§7,1976;Ord.1686,§8,1976;Ord.1502 §3,1973;Ord.1464 §1,1972;Ord,1268
§1 (part),1968).
20.81.075 NOTICE TO COUN1Y ASsEsSOR AND OWNER.Within thirty
(30)days following the effective dateofthe Modification Permit,the Planning Department
shall notify the County Assessor and the owner of record,in the event the Modification
Permit was initiated by someone otherthanthe owner of record,ofthe action takenbythe
City,as prescribed bythe Government Code.(Ord.1705 §4,1977).
20.81.080 REFERRAL TO PLANNING COMMISSION.In the event the
Modifications Committee determines thatan application should properly be heardbythe
Planning Commission,it may referthemattertothe Planning Commission for hearing and
original determination on the merits.The procedure for notice and hearings heldbythe
Planning Commission on such applications shall bein accordance with the same provisions
asset forth in this chapter.(Ord,1502 §4,1973;Ord.1268 §1 (part),1968).
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EXPIRATION AND REVOCATION OF MODIFICATION AP·20.81.090
PROVALS
VARIANCES
Chapter 20.82
C.EVIDENCE.The application shall, in addition, be accompanied by a statement,
plans and evidence showing:
Page 226
VARIANCES
Chapter 20.82
Policy.
Application.
Delegation of Authority to Community
Development Director.
Public Hearings.-
Action by Commission,Director or
City Council.
Appeal.
Right of Review by City Council.
Notice to County Assessor and Owner.
20.82.010
20.82.020
20.82.030
20.82.040
20.82.050
20.82.060
20.82.070
20.82.080
Sections:
(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.
20.82.010 POllCY.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. (Ord. 635;December 12,1950;1949Code §9106.3).
20.82.020 APPllCATION.A FILING -FEE.Applications for
variances shall be made in writing and filed in the office of the Planning Department on
forms prescribed bythe Commissionand shall be accompanied bya filingfee-as established
by Resolution of the City Council.
B.APPllCANT.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 signedby an agent of the owner if written authorization from the
record owner is filed with the application.
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D.VARIANCE TO EXCEED BASE FLOOR AREA RATIO PROVISIONS OF
CHAPTER 20.07.Variances may be approved to exceed the "Base FAR"up to the
"Maximum FAR",consistent with the provisions ofthe General PlanLandUse Element and
Section 20.07.040,ifallofthe additional findings are made:
(2)
(3)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Page 227
VARIANCES
Chapter 20.82
That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights ofthe applicant.
Thatthe granting of such application will not,underthe circumstances ofthe
particular case,materially affect adversely the health or safety of persons
residing or working inthe neighborhood ofthe property ofthe applicant and
will not under the circumstances of the particular case be materially
detrimental tothe public welfare or injurious to property or improvements in
the neighborhood.
It has been demonstrated that the traffic to be generated by the proposed
Maximum FARuse will not exceed that which would be generated if a use
generating 60trip ends per 1,000 sq.ft.per day and3trip ends per 1,000 sq.ft.
at peak hour,were developed at a floor arearatioof 0.5 Traffic generation
shall be determined in accordance with City Council Policy S-l,
The projections of traffic to be generated utilize standard traffic generation
rates generally applied to auseofthe type proposed per City Council Policy
s-i.
The building tenants would be restricted to the uses upon which the traffic
equivalency was based.
The proposed use and physical improvements are such that the approved
project would not readily lend itself to conversion to a higher traffic
generating use.
The increased development!including above grade covered parking,does not
create abrupt changes in scale between the proposed development and
development inthe surrounding area.
Thatthe proposed useand structures,including above grade covered parking,
are compatible with the surrounding area.
The increased development,including above grade covered parking,will not
result in significant impairment of public views.
That the siteis physically suitable for the development proposed,including
above grade covered parking,taking into consideration site characteristics
including,butnot limited to,slopes,submerged areas,and sensitive resources.
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VARIANCES
Chapter 20.82
Where development at an increased floor area ratio is approved, a covenant shall be
recorded which would bind the current and future property owners to the Maximum FAR
uses upon which the traffic equivalency for the higher floor area was based. (Ord. 89-19,
Sept.13, 1989; Ord. 1686 §9, 1976;Ord. 1566 §3, 1974;amended by Ord. 1059 and Ord.
1272, 1968; 1949Code §9106.31 added by Ord. 635).
20.82.030 DELEGATION OF AUTHORITY TO COMMUNITY
DEVELOPMENT DIRECTOR.A.DELEGATION BY RESOLUTION.The Planning
Commissionmay delegate authority to act on anyspecificclassofvariance. Such delegation
of authority shall be made by formal resolution of the Planning Commission and shall be
subject to confirmation by the City Council.The withdrawal of the authority so delegated
to the 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 Director of Community Development mayin
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. (Ord. 1059, 1963; 1949 Code §9106.32).
20.82.040 PUBUC 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 jurisdiction has been delegated to the Director of
Community Development.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 three hundred (300)feet of the exterior boundaries
of the subject property.It shall be the responsibility of the applicant to obtain and provide
to the City the names and addresses of owners as required by this section.
In addition to the mailed notice, 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.
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. 1705 §5, 1977;Ord, 1695 §3, 1976;Ord, 1465 §3, 1972;Ord. 1059,
1963;Ord. 635, 1950; 1949 Code §§9106.32,9106.33).
20.82.050 ACTION BY COMMISSION,DIRECTOR OR CITY
COUNCIL.A.FINDINGS.In order to grant any variance,the findings of the Planning
Commission,the Planning 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.
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VARIANCES
Chapter 20.82
B.CONDmONS.'The Planning Commission,Planning 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 thls 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 orthe Planning Director shall render
a decision within 35 days following the close ofthe hearing onthe application.A variance
shall not become effective for fourteen (14)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 made bythe City Council on such appeal.'The granting of any variance,
when conforming tothe provisions of this Title,is hereby declared tobean administrative
function,the authority and responsibility for performing which is imposed upon the Planning
Commission and Planning Director and the action thereon bythe Planning Commission or
Planning Dlrector shall be final and conclusive except in the event of an appeal as
hereinafter provided.(Ord.94-20,May 25,1994:Ord.1415 §3,1971:Ord.1059,1963:
Ord.635,1950:1949 Code §§9106.33,9106.34).
20.82.060 APPEAL.A.INITIATION OF APPEAL.In case the
applicant or any person,firm or corporation isnot satisfied with the action ofthe Planning
Commission orthe Planning Director,he may appeal tothe City Council by filing a written
notice of appeal with the City Clerk within fourteen (14)days afterthe decision is made.
Said notice of appeal.shall be accompanied bya fee as established by Resolution ofthe City
Council.
B.DATE ·NOTICE.'The City Clerk shall seta datefor public hearing ofthe appeal
and give notice as required in Section 20.82.040.'The City Clerk shall notify the appealing
party ofthe date setforthe appeal and shall also notify the Planning Commission if the
appeal is from a decision of the Planning Commission,or the Planning Director if the
appeal is from a decision ofthe Planning Director.Upon receiving notice ofan appeal to
the City Council,the written findings ofthe Planning Commission orthe Planning Director
shall be submitted to the City Council,together with all maps,letters,exhibits and other
documentary evidence considered bythe Planning Commission orthe Planning Director in
reaching a decision.
C.DECISION.'The City Council shall render its decision within 60 days after the filing
of such appeal.(Ord.94·20,May 25,1994:Ord.1686 §10,1976:Ord,1415 §4,1971:Ord,
1272,1968:Ord,1059,1963:Ord.635,1950:1949 Code §§9106.34,9106.35).
20.82.070 RIGHT OF REVIEW BY CITY'COUNCIL.'The City Connell,
onits own motion,adopted by four affirmative votes,may elect to review any decision of
the Planning Commission granting a Variance.'The City Council's right of review may be
exercised at any timepriorto the expiration of foUrteen (14)days from the date on which
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B.VIOLATION OF TERMS. Any Variance granted in accordance with the terms of
this Title may be revoked if any of the conditions or terms of such Site Plan Review are
violated, or if any law or ordinance is violated in connection therewith.
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VARIANCES
Chapter 20.82
20.82.080 NOTICE TO COUNTY ASSESSOR AND OWNER. Within
thirty (30) days following the effective date of the Variance Permit, the Department of
Community Development shall notify the County Assessor and the owner of record, in the
event the Variance Permit was initiated bysomeone other than the owner of record, of the
action taken by the City, as prescribed by the Govermnent Code. (Ord. 1705 §6,1977).
C.HEARING.The Planning Commission shall hold a hearing on any proposed
revocation after givingwritten 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.88-32,October 12,1988;Ord.1861,1980).
EXPIRATION AND REVOCATION OF VARIANCE20.82.090
APPROVALS.
the Planning Commissionrenders its decision.In any Variance proceeding inwhichthe City
Council exercisesits right of review, the City Clerk shall set a date for public hearing and
give notice in the manner specified in Section 20.82.040.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 Planning
Director shall submit a written report of the Planning Commission proceedings, together
with all maps, letters, exhibits,and other documentary evidence considered bythe Planning
Commission in reaching a decision. (Ord.94-20,May 25, 1994;Ord. 1706 §1, 1977).
A EXPIRATION.AnyVariance granted in accordance withthe terms ofthis title shall
expire within twenty-four (24) months from the date of approval unless a Building Permit
has been issuedand construction has commenced prior to the expiration date.The Planning
Commission and the City Council may specify a different expiration date at the time of
approval
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NONCONFORMING STRUCTURES AND USES
Chapter 20.83
For the purpose of this Title, the following words and phrases shall be defined as specified
in this section.
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Chapter 20.83
The purpose ofthis ChapterINTENTANDPURPOSE.
Intent and Purpose.
Definitions.
NonconformingStructures.
NonconformingUses.
NonconformingParking.
Restoration of Damage or Destruction.
SeismicSafety
DEFINITIONS
20.83.010
20.83.020
20.83.030
20.83.040
20.83.050
20.83.060
20.83.070
20.83.010
20.83.020
Sections:
is to:
A.Regulate the abilityofproperty ownersto continue in the use and enjoyment oftheir
property;
B. Permit and promote property maintenance;
C. Discourage certain actions which might serve to perpetuate or intensify a
nonconforming use or structure; and
D. Encourage conversions and alterations which will achieve greater conformitywith
current codes. (Ord.90-22,June 13,1990).
A NONCONFORMING. Lawful when established or constructed but, due to
subsequent changesin this Title, not in conformancewith current zoning ordinances. The
term nonconforming does not include uses or structures which were not established or
constructed in conformance with then current zoning ordinances.
B.NONCONFORMING USE.A use of land which was lawful and in conformance
with the zoning ordinance when established but, due to subsequent amendments to this
Title, is not currently permitted in the district in which it is located or is permitted upon
the approval of a use permit and no use permit has been approved in accordance with
Chapters 20.72 and 20.80.
C.NONCONFORMING STRUCTURE.A structure which was lawful and in
conformance with this code when constructed but, due to subsequent amendments to the
code, does not conform to the current development standards applicable to the district in
whichit is located.
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1.Any substantial increase in the hours of operation;
B.SPECIAL PROVISIONS/TENANT IMPROVEMENTS.Notwithstanding other
provisions of this chapter,where a commercial or industrial structure has been rendered
A.MAINTENANCE AND REPAIRS.Ordinary maintenance and repairs maybe
made to any nonconforming structure.No structural alterations shallbe made except as
provided in Subsections B and C below.Maintenance and repairs shall be limited to
painting,patching,reroofing,and incidental replacement of nonstructural elements.
2. The introduction of live entertainment or dancing;
3. A loss of on-site or off-site parking spaces fora periodof ninety (90)days or
more which would reduce available parking below the number currently required by
provisions of this Title.
4. The introduction of.or an increase in,the number of valet,tandem,or
compact parking spaces.(Ord,90-22.June 13.1990).
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NONCONFORMING STRUCTURES20.83.030
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Chapter 20.83
D.CATEGORY 1 ALTERATION.Minor.nonstructural alteration including,by way
of illustration,replacement of less than twenty-five percent (25 %) of the exterior wall
covering (by area)or interior remodelling involving less than twenty-five percent (25 %)of
the gross floor area of the structure.within any twelve month period.
E.CATEGORY 2 ALTERATION.Moderate alteration including,by way of
illustration,replacement ofupto fifty percent (50 %)ofthe exterior wall covering (by area).
interior remodelling involving up to fifty percent (50 %)ofthe gross floor area,alteration
of less than twenty-five percent (25 %)of structural elements.or replacement of less than
twenty-five percent (25 %)of the perimeter walls (by area) of the structure within any
twelve month period.
F.CATEGORY 3 ALTERATION.Significant alteration including,by way of
illustration.replacement ofover fifty percent (50 %)ofthe exterior wall covering (by area),
interior remodelling involving over fifty percent (50 %)ofthe gross floor area,or alteration
ofupto fifty percent (50 %)ofthe structural elements,or replacement ofupto fifty percent
(50 %)of the perimeter walls (by area) of the structure within any twelve month period.
G.CATEGORY 4 ALTERATION.Major alteration including,by way of illustration,
alteration ofup to seventy-five percent (75 %)of the structural members or replacement
ofupto seventy-five percent (75 %)ofthe perimeter walls (byarea)ofthe structure within
any twelve (12)month period.
H.CHANGE IN OPERATIONAL CHARACTERISTICS shall include.without
limitation andby way of illustration,any ofthe following:
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Page 233
NONCONFORMING
STRUCTURES &USES
Chapter 20.83
nonconforming due to height, bulk, gross floor area, setbacks, or parking,structural of
nonstructural interior alterations,involving up to one hundred percent (100%)of the gross
floor area may be made without discretionary action.
C.ALTERATION OF NONCONFORMING STRUctuRES.A It era t ion 0 f
nonconforming structures;other than those allowed'by Subsection B., is permitted only as
provided in this subsection. Any alteration not expressly permitted requires the approval
of a variance pursuant to Chapter 20.82.
.1.Structures Nonconforming Due To An Encroachment Into a Setback or Into the
Required Distance Between Buildings:
a. Category 1 Alteration of the encroachment shall be permitted.
b. Category 1and 2 Alteration and an increase of twentyfive percent (25 %) or
less in the gross floor area of the remainder of the nonconforming structure
(exclusive of the encroacliment) shall be permitted.
c. Any other alteration of the structure shall be permitted only upon the
approval of a modification to the Zoning Code as provided in Chapter 20.81,
unless exempt from this requirement pursuant to Section 20.83.030 E.
2. Structures Which Are Nonconforming Due To Height
a.Alteration of the portion of the structure exceeding the height limit.
i) Category 1 Alteration shall be permitted.
ii) Category 2 Alteration shall be permitted onlyupon the approval of a
modification to the Zoning Code.
iii) Category 3 Alteration shall be permitted onlyupon the approval of a
use permit subject to the findings contained in Section 20.83.030 B 4.
b.Alteration of the remainder of the structure,exclusive of the portion
exceeding the height limit.
i) Category 1and 2 Alteration and an increase of twenty-five percent (25
%)or less in the gross floor area of the remainder of the structure (exclusive
of the nonconforming portions) shall be permitted.
ii) Category 3 Alteration and an increase of fifty percent (50 %)or less
in the gross floor area of the remainder of the structure (exclusive of the
nonconforming portions) shall be permitted upon the approval of a
modification.
d.Retention of the nonconforming condition is necessary to preserve a
substantial property right.
D.REMOVAL OF NONCONFORMING SlRUCIURES OR PORTIONS
THEREOF.Except as provided in this chapter and Chapter 20.06,a nonconforming
structure,or nonconforming portion ofa structure,shall notbe replaced after removal.
E.DECREASES IN NONCONFORMITY.When a nonconforming structure
orsite has been altered to conform,or more nearly conform,tothe provisions of this Title,
the nonconforming structure may not thereafter be altered except in accordance with the
provisions of this Title.
b.The cost of correcting the nonconforming condition would exceed the cost of
the other alterations proposed.
c.Retention ofthe nonconforming condition is necessary to maintain reasonable
useofthe structure.
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Nonconforming side yards for buildings located inBCOMBININGDISlRICT.
4.Reqyired Findings
A use permit to allow the alteration ofa nonconforming structure may be approved
by the Planning Commission,or City Council on review or appeal,only if the
following findings are made in addition to those findings specified in Section
20.80.060.
a. The cost ofthe improvements tobe made is minor in comparison tothe value
ofthe existing nonconforming condition.
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NONCONFORMING
SlRUCTIJRES &USES
Chapter 20.83
iii)Category 4 Alteration andan increase of seventy-five percent (75 %)
or less in the gross floor areaofthe remainder ofthe structure (exclusive
ofthe nonconforming portions)shall be permitted upon the approval ofause
permit subject to the findings contained in Section 20.83.030 B4.
Structures Wbkh Are Nonconformjni Witb Remd to Open Space.Bulk.Or Gross
Floor Areai
a.Category 1 Alteration shall be permitted.
b.Category 2 Alteration shall be permitted upon the approval ofa modification.
c.Category 3 and 4 Alteration shall be permitted upon the approval ofa use
permit subject to the additional findings specified in Section 20.83.030 B4.
F.
However, a residential use made nonconforming byvirtue of a zoning amendment adopted
subsequent to October 24, 1988,and which is located in a district where residential uses are
permitted,may be enlarged or increased subject to the approval of a use permit and
compliance with the provisions of this Title.
C.CESSATION OF NONCONFORMING USE.All rights to maintain a
nonconforming use are lost if the use is voluntarily abandoned or changed to a conforming
use, and the land shall thereafter be used only in accordance with current regulations for
the District in which it is located.(Ord, 90-22,June 13, 1990).
A.INCREASE AND INTENSIFICATION OF NONCONFORMING USES. A
nonconforming use may be increased or intensified by way of a change in operational
characteristics,provided that a use permit is first obtained and the use is permitted subject
to the approval of a use permit.A nonconforming use may not be increased or intensified
unless it is permitted by right or upon the approval of a use permit in the district in which
it is located.
G.SPECIAL PROVISIONS/TIME FRAMES.Notwithstanding any other provision
of this Section, where a residential structure has been rendered nonconforming solely
because the property upon which the structure is located has been rezoned,alteration of
those nonconforming conditions resulting solely from the zoning amendment shall be
permitted within two years of the effective date of such amendment provided there is no
increase in the nonconforming condition and subject to compliance with all other provisions
of this code. (Ord.91-14,April 4, 1991;Ord. 90-22,June 13, 1990).
NONCONFORMING USES20.83.040
B.CHANGE OF NONCONFORMING USE. A nonconforming commercial or
industrial use may be changed to a conforming use provided that the requirements of
Chapter 20.07 (Floor Area Ratios and Building Bulk)are satisfied and the change does not
create or increase a deficiency in code required offstreet parking. A nonconforming
residential use may be altered to reduce the number of dwelling units provided there is no
increase in gross square footage and the provisions of Chapter 20.69 (Low and Moderate
Income Housing Within the Coastal Zone)are satisfied. A nonconforming use may be
changed to a use of a similar nature provided no intensification or enlargement of
nonconforming uses occurs except as provided in Subsection A above,and provided that the
new use is no less compatible with the surrounding area.
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NONCONFORMING
STRUCTURES &USES
Chapter 20.83
R-1-B, R-2-B, R-3-B, R-4-B, and MFR-B Districts which are nonconforming only because
amendments to this Title have changed side yard requirements subsequent to the original
construction of such buildings may be continued in the construction of additions.
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1.Number of Spaces
2.Size of Parkjni Spaces
a.Residential development having less than two parking spaces per dwelling
unit:
ii)Additional rooms may be addedupon the approval ofa modification
to the Zoning Code.
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Page 236
NONCONFORMING
STRUClURES &USES
Chapter 20.83
NONCONFORMING PARKING20.83.050
iii)Addition ofa new room provided that there isno net increase in the
number of habitable rooms,upon the approval of a modification to the
Zoning Code.
All other alterations shall be permitted only upon the approval of a variance in
accordance with the requirements of Chapter 20.82.
b.Residential development having atleast two parking spaces per dwelling unit
may be alteredor expanded as provided in subsection a.,except that:
i) The approval of a modification to the Zoning Code shall not be
required forthe addition ofanewroomprovided thatthereisnonet increase
in the number of habitable rooms.
II.No discretionary approvals shall be required for the alteration or expansion
of buildings which are nonconforming only because amendments to thisTitle have
changed the dimensions of required parking spaces subsequent to the original
construction of the building,provided that the building and any proposed addition
shall conform to current provisions of this Title with regard to the number of
required parking spaces.
i)Category 1and2 Alterations,provided no increase in gross floor area
is proposed.
ii)Minor additions to existing buildings,such as the construction of
bathrooms,closets and hallways,or the expansion of existing rooms.
A RESIDENTIAL USES.Where residential uses are nonconforming only because
they do not provide the number of parking spaces required by this Title,the following
alterations are permitted:
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NONCONFORMING
STRUCfURES &USES
Chapter 20.83
b.Where the dimensions of required parking spaces do not meet provisions of
Subsection 2 a, above, or current standards,alteration of the structure may be
permitted only upon the approval of a modification to the Zoning Code.
B.NONRESIDENTIAL USES.Where commercial structures and uses are
nonconforming only because they do not provide the number of parking spaces required by
this Title, the following shall be controlling:
1.Continuation or Change. Nonconforming uses and structures in commercial and
industrial zoning districts may be continued or changed to a use requiring the same
or less on-site parking, consistent with all other provisions of this Title.
2. Remodeling.Repairs or Alterations. A nonconforming structure maybe altered
without complying with the parking requirements currently set forth in this Title,
provided no increase in required parking would result, and the provisions of Section
20.83.030 are satisfied.
3.Enlargement or Intensification.
a.More Than Ten Percent (10%)Increase
The nonconforming structure or use may be enlarged by more than ten percent
(10%) ofits original grossfloor area, or onsite uses maybe intensified such that code
required parking would increase bymore than 10%, in any twelve month period, only
if all code required parking is provided, unless a waiver or reduction of the parking
requirement is authorized by use permit.
b. Less Than Ten Percent (10%)Increase
A nonconforming structure or use may be enlarged by less than ten percent (10%)
of its original gross floor area or intensified to generate less than a ten percent
(10%)increase in code required parking,upon the provision of code required
parking attributable to the enlargement or intensification.
4. Removal. All nonconforming rights with regard to parking shall be lost for any
structure which is demolished. (Ord, 90-22,June 13, 1990).
20.83.060.RESTORATION OF DAMAGE OR DESTRUCTION
A NONCONFORMING USE. A nonconforming use occupyingland, a building,
or portion thereof which is otherwise conforming and damaged or destroyed by fire,
explosion,earthquake,or other disaster may be reestablished,provided that restoration work
is commenced within twelve (12) months after the damage or destruction occurs and is
pursued diligently to completion.
B.
1.
2.
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NONCONFORMING
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Chapter 20.83
NONCONFORMING STRUCI1JRB OR PARKING
Up To 90 %Damace or Destruction,
a. General Provisions
A nonconforming structure,which is partially destroyed by fire,explosion,
earthquake,orother disaster,may be repaired or restored asa matterofright if the
cost ofthe repairor restoration is less than ninety percent (90%)of the appraised
value ofthe structure in excess ofthe building foundation at the time ofthe damage
as determined byan independent,licensed appraiser retained bythe property owner.
In the absence of an appraisal provided by the property owner,the damage or
destruction shall be presumed to exceed ninety percent (90%)ofthe appraised value
if,in the opinion of the BUilding Director,the cost of repairor restoration exceeds
ninety percent (90%)of the assessed value as specified on the latest equalized
assessment roll.The rights conferred by this section are contingent upon diligent
application fora building permit afterthe damage orpartial destruction occurs and
diligent pursuit of repairs to completion.
b.Special Provisions
Notwithstanding the provisions of subparagraph a,where a structure is
nonconforming dueto an encroachment intoa setback orintothe required distance
between buildings,and the encroachment is more than ninety percent (90 %)
destroyed,a modification shall be required for replacement or repair of the
encroachment.
Whena structure is nonconforming due to excessive height,bulk,gross floor area,
or lack ofopen space,andthe nonconforming condition is morethan ninety percent
(90 %)destroyed,the nonconforming condition may be restored only after approval
of a use permit pursuant to Chapter 20,80 with the following additional findings,
subject to the limitations in Subsection D below:
i. That replacement of the nonconforming condition is necessary to maintain
reasonable useof the structure or individual condominium unit.
ii.That replacement ofthe nonconforming condition is necessary to preserve a
substantial property right.
GreaterThan90 %pestruction.If a nonconforming structure is damaged or
destroyed by fire,explosion,earthquake,or other disaster to an extent ofmorethan
ninety percent (90%)ofits appraised value in excess of the building foundation at
thetimeofthe damage as appraised by an Independent,licensed appraiser retained
by the property owner,thenthe nonconformity may be restored only if a usepermit
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Chapter 20.83
is first approved by the Planning Commission,or CityCouncil on review or appeal,
provided application for the use permit is made within twelve months after the
damage or destruction occurs and the following findings are made in addition to
those findings required in accordance with Section 20.80.060 A subject to the
limitations in Subsection D below:
a. That replacement of the nonconforming condition is necessary to maintain
reasonable use of the property or individual condominium unit.
b.That replacement of the nonconforming condition is necessary to preserve a
substantial property right.
3. Removal of Portions of the Structure Not DestroYed or Damaged.
If a nonconformingstructure is damaged or destroyedbyfire,explosion,earthquake,
or other disaster to an extent ofmore than fifty percent (50%) ofits appraised value
in excess of the building foundation at the time of the damage as appraised by an
independent, licensed appraiser retained by the property owner,then a maximum
additional twenty percent (20%) of the structure may be removed and replaced if
necessary to pursue restoration of the structure. Any additional portions of the
structure maybe removed and replaced, onlyupon the approval of a use permit and
subject to the following findings in addition to those findings required in accordance
with Section 20.80.060 A:
a. That substantial additional expense would be created by the necessity of
workingaround the additional portion of the structure to be removed when
repairing the damaged or destroyed'portion.
b.That replacement of the nonconforming portion of the structure which was
voluntarilyremoved is necessary to preserve a substantial property right; or
that the rebuilt portion of the structure will more nearly conform to the
provisions of this Code.
C. AGING AND DETERIORATION.The provisionsof this Section shall not be
construed to permit replacement of nonconforming conditions in structures undergoing
renovation, remodel, or reconstruction, structures damaged by ongoing natural processes
such as'dry rot or termites or structure whichhave deteriorated due to age.
D. CONDOMINIUM UNITS. When a use permit is reqnired for replacement or
repair of any condominium units which are damaged or destroyed by fire earthquake,
explosion,or other disaster, no reduction in the number of units shall be required. The
replacement units shallbe permitted to be equivalentin size and location to the units which
were damaged or destroyed. (Ord.90-33,September 12,1990;Ord.90-22,June 13,1990).
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Chapter 20.83
20.83.070 SEISMIC SAFETY.Notwitbstandlnganyotberprovisionoftms
Chapter,alterations to a structure required to comply with the minimum provisions of
Chapter 15.07,"Earthquake Hazard Reduction,"and California Government Code Section
8875 shallbe permitted.(Ord,90-33,September 12,1990).
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AMENDMENTS
(c)Resolution of intention of the Planning Commission.
Chapter 20.84
(b)Resolution of intention of the City Council.
Method of Amendment.
Initiation.
Public Hearings.
Action by Planning Commission.
Action by City Council.
Right of Review by City Council.
Notice to County Assessor and Owner.
INITIATION. An amendment may be initiated by:
20.84.010
20.84.020
20.84.030
20.84.040
20.84.050
20.84.060
20.84.070
20.84.020
Sections:
20.84.010 METHOD OF AMENDMENT. This Title may be amended
bychangingthe boundaries ofdistrictsorbychangingany other provisions thereof whenever
the public necessityand convenience and the general welfare require such amendment by
following the procedure of this Chapter. (Ord.635,1950: 1949Code §9106.5).
Page 241
AMENDMENTS
Chapter 20.84
(a) The verified petition of one or more owners of property affected by the
proposed amendment, which petition shall be filed with the Planning
Commission and shall be accompanied by a fee as established by Resolution
of the City Council, no part of which shall be returnable to the petitioner.
(Ord.1686,§11,1976:Ord. 1611 §4,1975:Ord. 1566 §4,1974:Ord. 1272 §7,1968:
Ord.1011,1962:Ord.635,1950:1949Code §9106.51).
20.84.030 PUBLIC HEARINGS.A REQUIRED NOTICE.ThePlanning
Commissionshall hold at least one public hearing on any proposed amendment, and shall
give notice thereof by at least one publication in a newspaper of general circulationwithin
the City at least ten (10) days prior to the first of such hearings.
B.REQUIRED NOTICE TO PROPERTY OWNERS.In case the proposed
amendment consists of a change so as to reclassify any property from any district to any
other district,the Planning Commissionshall cause additional notice of such hearing to be
mailed not less than ten (10) days before the hearing date, postage prepaid,usingaddresses
from the last equalized assessmentroll or, alternatively,from such other records as contain
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Pag~242
AMENDMENTS
Chapter 20.84
more recent addresses,to owners of property effected by the proposed amendment,and to
owners of property within a radius of three hundred (300)feetofthe exterior boundaries
ofthe subject property.It shall bethe responsibility ofthe applicant to obtain and provide
tothe City the names and addresses of owners lIS required by this section.
If the number of owners to whom notice would be mailed pursuant to this Section is greater
than 100 (one hundred),the Planning Director,at his discretion,in lieu of mailed or
delivered notice,may provide notice by placing a display advertisement of at least one-
eighth page in two newspapers of general circulation within the City at least ten days prior
to the hearing.In all cases,notice shall be given by mail to the owner of property that is
the subject ofthe proposed amendment.
In addition tothe mailed notice,notice of such hearing shall be posted in not less than two
conspicuous places onor close to the property at least ten (10)days prior to the hearing.
(Ord.88-28,Sept.7,1988;Ord.1705 §7,1977:Ord.1695 §4,1976:Ord.1465 §4,1972:
Ord.845,1958:Ord.635,1950:1949 Code §9106.52).
C.CONTENT OF NOTICE.The notice required by this Section shall Include,at a
minimum,the date,time,and place ofthe public hearing,and a brief description ofthe
amendment.(Ord.88·28,Sept.7,1988)
D.NOTICE TO AFFECI'ED HOMEOWNERS ASSOCIATION.In addition,
when applicable,the Homeowners Association having jurisdiction over the affected property
shall also be notified as provided herein.(Ord,88·28,Sept.7,1988)
20.84.040 AGnON BYPLANNING COMMISSION.Following the hearing
provided for bySection 20.84.030,the Planning Commission .shall approve or disapprove the
proposed amendment.If approved,the Planning Commission shall make and file a report
of its findings and recommendations with the City Council.The Planning Commission shall
make its decision and file its report nolater than ninety (90)days after the first published
notice ofthe Planning Commission hearing,unless such time limit is extended upon the
mutual agreement ofthe parties having an interest inthe proceedings.Failure ofthe Plan·
ning Commission totake action onthe proposed amendment or failure to report within the
time limit shall be deemed to be approval of the proposed amendment bythe Planning
Commission.
If the proposed amendment is disapproved,no further action shall be taken thereon unless
an appeal is filed in writing with the City Council within fourteen (14)days after such
disapproval.(Ord.94.20,May 25,1994;Ord.1415 §6,1971:Ord.937,1960:Ord.635,
1950:1949 Code §9106.53).
20.84.050 AGnON BY CITY COUNCn..Upon receipt ofsuch report from
the Planning Commission,or upon the expiration ofthe time limit prescribed in Section
20.84.040,or upon the filing of any appeal,the City Council shall setthe matter for one
public hearing giving notice thereof as prescribed in Section 20.84.030.
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Page 243
AMENDMENTS
Chapter 20.84
Notice shall also be given to the Planning Commission of such appeal, and the Planning
Commissionshall submit a report of its findings and recommendations to the CityCouncil
setting forth the reasons for the decision of the Commission,or the Commission shall be
represented at the hearing. After the conclusion of such hearing, the City Council may
adopt or reject the proposed amendment, or any part thereof, in such form as the Council
may deem to be advisable, or the Council may refer the matter back to the Planning
Commission for further study and recommendation. Said notice of appeal shall be
accompanied by a fee as established by Resolution of the City Council.
The decision of the City Council shall be rendered within sixty days after the receipt of a
report and recommendation of approval from the Planning Commission or after the
expiration of the time limit prescribed in Section 20.84.040,or within sixty days after the
filing of any appeaL (Ord.1686,§12,1976:Ord.1548 §1,1974:Ord. 1272 §8,1968:
Ord. 937,1960:Ord. 635,1950:1949 Code §9106.54).
20.84.060 RIGHT OF REVIEW BY CITY COUNCIL. Any proposed
amendment to this Title, initiated by the City of Newport Beach, which is disapproved by
the Planning Commission,maybe reviewedbythe CityCouncilon its ownmotion, adopted
by four affirmativevotes. The City Council's right to reviewmaybe exercised at anytime
prior to the expiration of fourteen (14) daysfrom the date onwhich the Planning Commis-
sion renders its decision. In anyamendment proceedinginwhichthe CityCouncil exercises
its right of review, the City Clerk shall set the matter for public hearing,giving notice
thereof as prescribed in Section 20.84.030.The CityClerk shall also givewritten notice to
the Planning Commissionand to the Planning Department.Upon receiving notice of the
CityCouncilreviewproceeding, the Planning Director shall submit a written report of the
Planning Commission's proceedings,together with all maps, letters, exhibits and other
documentary evidence considered by the Planning Commission in reaching its
decision. (Ord.94-20,May 25,1994;Ord.1548 §2,1974:Ord 1414 §1,1971).
20.84.070 NOTICETO COUNTY ASSESSOR AND OWNER. Within thirty
(30)days following the effectivedate ofany Amendment whichresults in a changefrom one
district to any other district, the Department of CommunityDevelopment shall notifythe
County Assessor and the owner of record,in the event the Amendment was initiated by
someone other than the owner of record, of the action taken by the City,as prescribed by
the Government Code. (Ord.1705 §8,1977).
Chapter 20.85
APPEALSl
Page 244
APPEALS
Chapter 20.85
D.RENDERING OF DECISION. The City Council shall render its decision within
thirty (30) days after the filing of such appeal. (Ord.94-20,May 25, 1994;Ord,1415 §7,
1971:Ord.1059,1963:Ord. 635,1950:1949Code §§9106.35,9106.36).
Appeal Procedure.20.85.010
Sections:
20.85.010 APPEAL PROCEDURE.A AUTHORITY OF
COMMISSION.The Planning Commissionshallhave the power to hear and decide appeals
based on the enforcement or interpretation of the provisions of this Title.
B.APPEAL TO CITY COUNCIL.In case an applicant is not satisfiedwith the action
of the Planning Commission on his appeal he may witltin fourteen (14) days appeal in
writing to the City Council.
C. NOTICE TO COMMISSION. Notice shallbe givento the Planning Commissionof
such appeal and the Planning Commissionshall submit a report to the City Council setting
forth the reason for action taken by the Commissionor shall be represented at the Council
meeting at the time the matter is heard.
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ENFORCEMENT
Chapter 20.86
Page 245
ENFORCEMENT
Chapter 20.86
Responsibility for Enforcement.
Penalty for Violations.
Declaration of Nuisance -Abatement.
Effect of Remedies.
20.86.010
20.86.020
20.86.030
20.86.040
Sections:
20.86.010 RESPONSIBIliTY FOR ENFORCEMENT.All departments,
official and public employees of the City of Newport Beach, vested with the duty or
authority to issue permits or licenses shall conform to the provisions of this Title and shall
issue no permit or license for uses, buildings or purposes in conflict with the provisions of
this Title; and any such permit or license issued in conflict with the provisions of this Title
shall be null and void.It shall be the duty of the Building Inspector to enforce the provisions
of this Title pertaining to the creation, construction,reconstruction,moving, conversion,
alteration or addition to any building or structure:(Ord, 635, 1950: 1949Code §9109.1).
20.86.020 PENALTY FOR VIOLATIONS.Any person,firm or
corporation,whether as principal, agent, employee or otherwise, violating or causing the
violation of any of the provisions of this Title shall be guilty of a misdemeanor,and upon
conviction thereof shall be punishable by a fine of not more than Three Hundred Dollars
($300) or by imprisonment in the County Jail or the City Jail for a term not exceeding one
hundred fifty days,or byboth such fine and imprisonment.Such person,firm or corporation
shall be deemed to be guiltyof a separate offense for each and every dayduring any portion
of which any violation of this Title is committed or continued by such person, firm or
corporation and shall be punishable as herein provided. (Ord. 635, 1950: 1949 Code §
9102.2).
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Page 246
ENFORCEMENT
Chapter 20.86
20.86.030 DECLARATION OF NUISANCE •ABATEMENT.Any
building or structure set up,erected,constructed,altered,enlarged,converted,moved or
maintained contrary to the provisions of this Title,and any use of any land,building or
premises established,conducted,operated or maintained contrary to the provisions of this
Title,shall be andthe same is hereby declared to be unlawful anda public nuisance;and
the City Attorney shall,uponorderofthe City Council,immediately commence action or
proceedings forthe abatement and removal and enjoinment thereof in the manner provided
by law,and shall take such other steps and shall apply to such courts as may have
jurisdiction to grant such relief as will abate and remove such building or structure,and
restrain and enjoin any person,firm or corporation from setting up,erecting,building,
maintaining,or using any such building contrary tothe provisions of this Title.(Ord.635,
1950:1949 Code §9109.3).
20.86.040 EFFECT OF REMEDmS.The remedies provided for herein
are cumulative andnot restrictive.(Ord.635,1950:1949 Code §9109.4).
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Sections:
20.87.010
20.87.020
20.87.030
20.87.032
20.87.033
20.87.035
20.87.037
20.87.040
20.87.050
20.87.060
20.87.070
20.87.080
20.87.085
20.87.090
20.87.100
20.87.110
20.87.120
20.87.130
20.87.135
20.87.136
20.87.140
20.87.150
20.87.160
20.87.170
20.87.180
20.87.182
20.87.184
20.87.190
20.87.205
20.87.207
20.87.208
20.87.210
20.87.220
20.87.225
20.87.227
20.87.230
20.87.235
Chapter 20.87
DEFINITIONS
EffectofChapter
Alley.
Automobile Court (Motels).
Automobile Service Station.
Bar.
Basement.
Beauty Parlor.
Boarding House.
Buildable Area.
Building.
Building,Accessory.
Building,Main.
Building,Relocatable.
Building Site.
Business,Retail.
Business,Wholesale.
Combining District.
District.
Drive-In and TakeOut Restaurant.
Drive-In Facilities.
Dwelling Unit.
Dwelling,Single-Family.
Dwelling,Two-Family or Duplex.
Dwelling,Multiple.
Family.
FloorArea,Gross.
FIoorArea,Net.
Fortune Telling
Heightof Building.
Helicopter.
Heliportor Helistop.
Hotel.
Junk Yard.
Major Automobile Repairs.
Nail Salon.
Nonconforming Use.
Outdoor Restaurant.
Page 247
DEFINITIONS
Chapter 20.87
20.87.010 EFFECT OF CHAPTER.Forthe purpose of this Title,certain
terms used herein shall have the meaning assigned to them by this chapter.(Ord.635
(part),1950:1949 Code §9107.1).
20.87.020 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).
20.87.030 AUTOMOBILE COURT (MOTELS).Theterm "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 accommodation of transient automobile travelers.(Ord.635 (part),1950:1949
Code §9107.12).
20.87.032 AUTOMOBILE SERVICE STATION.Theterm"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 20.70.050,but
excluding major automobile repairs.(Ord,1411 §1,1972).
20.87.033 BAR.The term "bar"shall mean a place of business with the
principle purpose to sell or serve alcoholic beverages for consumption onthe premises and
20.87.240
20.87.250
20.87.260
20.87.263
20.87.264
20.87.265
20.87.270
20.87.280
20.87.283
20.87.285
20.87.290
20.87.300
20.87.310
20.87.320
20.87.325
20.87.330
20.87.340
20.87.350
20;87.355
20.87.360
20.87.370
20.87.380
20.87.390
Parking Area.
Parking Lot.
Parking Space.
Readily Transportable.
Recreational Establishment.
Restaurant.
Reversed Frontage.
Rooming or Boarding House.
Solar Equipment.
Story.
Street.
Street Line.
Structure.
Structural Alterations.
Theater/Nightclub.
Trailer Court.
Use.
Use-accessory.
Use-ancillary,
Yard.
Yard -Front.
Yard -Rear.
Yard -Side.
Page 248
DEFINl'1l0NS
Chapter 20.87
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Page 249
DEFINTI10NS
Chapter 20.87
may include live entertainment and/or dancing as accessory uses to the primary sale and
service of alcoholic beverages,provided further that such live entertainment and/or dancing
shall occupy less than twenty percent (20%)ofthe "net public area."(Ord.94-55,Dec.28,
1994).
20.87.035 BASEMENT.The term "basement"shallmeanthat portion of
a building between floor and ceiling,which is partly below andpartly above gradeas defined
in this Chapter,but so locatedthat the vertical distance from the floor below is less than
the vertical distance from gradeto ceiling.(Ord.1115 (part),1965:1949 Code §9107.121).
20.87.037 BEAUTY PARLOR.Theterm ''beauty parlor"shall meanany
building,structureorportion thereof,or any business or enterprisewherethe principal use
or purpose of the business or enterprise is either:1) The arranging,curling,permanent
waving,cleansing,coloring,beautifying,or otherwise treatingbyany means thehairofany
person,or massaging,cleansing,beautifying the scalp,face,neck,arms,orupperpartofthe
human body,with or without theuseof cosmetic preparations,lotions,or cremes;or,2)The
use of electrolysis to remove hair,or;3)The manicuring,massaging,cleansing,treating,or
beautifying ofthe hands orfeet or nails ofanypersonwherenomorethan25%ofthe work
stations are dedicated tothe manicuring,massaging,cleansing,treating,or beautifying ofthe
hands,feet or nails of any person.(Ord,95-10,Aprll26,1995).
20.87.040 BOARDING HOUSE.Theterm ''boarding house"shall mean
a dwelling other thana hotel where lodging or lodging and meals forthreeormore persons
is provided for compensation.(Ord.635 (part),1950:1949 Code §9107.13).
20.87.050 BUILDABLE AREA.Theterm ''buildable area"shall meanthe
area of a building site,excluding any basic minimum side,front and rear yard spaces,
requiredfor buildings three stories or less in height.(Ord.974 (part),1961:1949 Code §
9107.131).
20.87.060 BUILDING.The term "building"shall mean any structure
having a roof supported by columns or by walls and designed for the shelteror housing of
any person,animal or chattel.(Ord.635 (part),1950:1949 Code §9107.14).
20.87.070 BUILDING,ACCESSORY.Theterm "accessory building"shall
mean a subordinate building,the useof which is incidental to that ofthe main building on
the samelot and/or building site.(Ord.634 (part).1950:1949 Code §9107.15).
20.87.080 BUILDING,MAIN.The term "main building"shall mean a
building in which is conducted the principal use ofthelot and/or building siteon which it
is situated.(Ord.635 (part),1950:1949 Code §9107.16).
20.87.085 BUIIDING,RELOCATABLE.Theterm "relocatable building"
shall mean a structure designed for human occupancy for industrial,commercial or
Page 250
DEFINITIONS
Chapter 20.87
professional purposes in such a manner as to be readily transportable from siteto site.
(Ord.1774 (part),Section 1,1978).
20.87.090 BUILDING SITE.The term "building site"shall mean a
subdivided lot,parcel of land or contiguous combinations thereof which is occupied or
intended to be occupied by a main building or buildings and their accessory buildings,
together with such yards and open space asare required by the terms of this Title andthe
Uniform Building Code,and which fronts directly uponor has permanent access toa street
as defined under Section 20.87.090 of this Title and required by the Uniform Building Code.
A.COMBINING OF LOTS AND PARCEIS REQUIRED.Where said building site
contains a lot,a parcel or combination of lots and/or parcels which,because of their
individual size,configuration or location.are insufficient to meet the requirements of this
Title as a separate building site;or where a building crosses or is planned to cross an
existing property line,no new construction or alteration toa single-family dwelling or duplex
in excess of $20,000.00 shall be permitted until such time astbe owner or owners of said lots
or parcels bas caused tobe executed and recorded a covenant and agreement to hold said
lots or parcels as a single building site.Said covenant and agreement shall have been
approved by the City Attorney asto form andthe Planning Director asto content.In the
case of all other forms of development,no new construction or alterations to existing
structures in excess of $20,000.00 shall be permitted until such time as said lots or parcels
shall have been resubdivided into a single building site.The dollar amounts noted in this
section shall be increased automatically,based upon any interim increase in the Consumer
Price Index (the Los Angeles -Long Beach and Anaheim Index)and this automatic increase
shall be calculated and become effective July 1,1993 and thereafter,on July 1of each Fiscal
Year for which the Consumer Price Index change applies.
B.WAIVER OF COMBINING REQUIREMENT.Where new buildings are planned
tobe built or where existing buildings have been found to be constructed over existing lot
lines and where said building siteis found or intended tobe under multiple ownerships or
a combination of ownerships in fee,leasehold,or other estate in real property,the
requirement fora covenant and agreement or a resubdivision as required in Subsection A
may be waived by the Planning Commission upon findings that the estate in the real
property is of sufficient length to guarantee that the lots or parcels which constitute the
building site will be held as a single entity for the economic duration of the building
improvement tobe placed onthe site,and thatallother requirements ofthe Newport Beach
Municipal Code and policies ofthe City which otherwise would be accomplished bythe
combining of said lots and/or parcels can be met.The Planning Commission or City
Council,on appeal,may impose such conditions as deemed necessary to secure the purpose
of this Title.(Ord.92-26,July 8,1992;Ord,86·8,May 28,1986;Ord.1723 §1,1971;Ord.
1624 §1,1975:Ord,1547 §1,1974;Ord.845 (part),1958:Ord.635 (part),1950;1949 Code
§9107.17).
20.87.100 BUSINESS,RETAIL.The term "retail business"shall mean
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Page 251
DEFINmONS
Chapter 20.87
the retail sale of any article,substance,or commodity for profit or livelihood,conducted
withina building but not including the sale oflumberor other buildingmaterialsor thesale
of used or secondhand goods or materialsof any kind.(Ord. 635(part),1950:1949 Code
§9107.18).
20.87.110 BUSINESS,WHOLESALE.Theterm "wholesale business"shall
mean the wholesale handling ofanyarticle,substanceor commodity forprofit or livelihood,
but not including the handling of lumber or other building materials, or the open storage
or sale of anymaterial or commodity,and not including the processing or manufacture of
anyproduct or substance.(Ord.635 (part),1950:1949 Code §9107.19).
20.87.120 COMBINING DISTRICf.The term "combining district"shall
mean any district in which the generaldistrict regulations are combinedwiththoseofa "B"
or "H"Districtfor the purposeof addingadditionalspecial regulations,l.e,R-l combined
with "B"(R-I-B)increases the area andyard requirements.C-1 combined with "H"(C-I-H)
adds the additionalrequirementof off-streetparking (Ord.635 (part),1950:1949 Code §
9107.20).
20.87.130 DISTRlCf.The term "district"shallmeana portionofthe City
within which certainusesoflandand buildings are permittedorprohibitedand within which
certain yardsand other open spaces are required and certain height limitsare established
for buildings,all asset forth and specified in thisTitle.(Ord,635(part),1950:1949 Code
§9107.21).
20.87.135 DRIVE-IN AND TAKE OUT RESTAURANT.The terms
"drive-in","walk-up"and "take out"restaurants shallmean a place of business which sells
food products or beverages and which:
1.Delivers such food productsor beverages to customers outsideofthe building
in which theyare prepared by meansof a service window,counteror similar
method or device,or
2.Delivers such food productsor beverages to customers withina building which
is designed in such a manner that a majority of the customers will remove
suchfood products or beverages fromthe building for consumption eitheron
the premises or in the immediate vicinity.(Ord,1266 §1,1968;Ord.1202 §
1,1967).
20.87.136 DRIVE-INFACILITIES.Theterm "drive-in facility"shallmean
any place of business,excluding gasoline servicestations and drive-in restaurants,which
transactsanypart or allofits 'business directly with customers withina vehicle.(Ord,1380
§1,1971).
20.87.140 DWElllNG UNIT. The term "dwelling unit"shallmean any
area withina structure on anyparcel which:
(1)Contains separate or independent living facilities for one or more persons,
Page 252
DEFINITIONS
Chapter 20.87
(1)any group of persons living as a single housekeeping unit within a dwelling
unit as defined in Section 20.87.140 of the Newport Beach Municipal Code.
(2) Theterm "famity"shall not apply to residential care facilities for six or fewer
developmentally disable,mentally disordered,or otherwise handicapped
persons.(Ord.84·8 §I,Aprilll,1984;Ord,1804 §2,1979;Ord,1579 §5,1974:
Ord,1173 §1,1966:Ord.635 (part),1950;1949 Code §9107.26.)
20.87.182 FLOOR AREA,GROSS."Gross Floor Area"is the area
included within the surrounding exterior walls of the building or portion thereof,exclusive
ofvent shafts and courts.The floor areaofa building,or portion thereof,not provided with
surrounding exterior walls shall be the usable area under the horizontal projection of the
roofor floor above.(Ord,1404 §I,1971).
20.87.184 FLOOR AREA,NET."NetFloor Area"is thearea included
within the surrounding walls ofa building,exclusive ofvent shafts,elevator shafts,stairways,
exterior corridors or balconies,rooms containing only mechanIcal and electrical equipment
used for service of the building,utility shafts and parking.(Ord,1404 §2,1971).
with area or equipment for sleeping,sanitation and food preparation,and
which has independent exterior access to ground level;or
(2)Is being utilized for residential purposes byone or more persons separately
or independently from occupants ofother areas within the structure.
Dwelling units constructed after August 24,1972,must contain a minimum of 600 square
feet of floor area within the surrounding walls of a building.(Ord.88-43,December 14,
1988;Ord.88-26,August 24,1988;Ord,1804 §1,1979;Ord,1830 (part),§1,1979;Ord.
1579 §2,1974;Ord.635 (part),1950;1949 Code §9107.22)
20.87.150 DWEUlNG,SINGLE-FAMILY.The term "single-family
dwelling"shall mean a detached building containing one dwelling unit.(Ord.1579 §2,
1974;Ord.635 (part),1950;1949 Code §9107.23).
20.87.160 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 §
9107.24).
20.87.170 DWELliNG,MULTIPLE.Theterm "multiple dwelling"shall
mean a building or group of associated buildings each of which contalns three or more
dwelling units.The term shall include apartments,apartment hotels,attached dwellings,
etc.(Ord.1579 §4,1974;Ord.635 (part),1950;1949 Code §9107.25).
20.87.180 FAMILY.Theterm "family"shall mean:
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Page 253
DEFINITIONS
Chapter 20.87
20.87.190 FORTUNE TELLING BUSINESS.The term "fortune telling
business" shall mean any place of business where any person conducts, engages in,
practices,or professes to practice,the art of palmistry, astrology, life reading,
clairvoyance, crystal gazing,mediumship,spirit photography, spirit voices,spirit writing,
spirit materialization,etherialization,prophecy, divination, or any other similar art,craft
or procedure for the purpose of telling fortunes,predicting future events,finding or
restoring lost property, locating natural resources and products,restoring lost love,
friendship or affection, or 'finding or uniting lovers, husbands, wives,lost relatives or friends
and for which the person receives,either directly or indirectly, anyform of consideration for
engaging in such activity.(Ord,84-26,January 9, 1985).
20.87.205 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 measured 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.1ll5,1965;Ord.635,1950:1949 Code §
9107.28).
20.87.207 HEUCOPTER.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. (Ord. 1127, 1965; 1949 Code §
9107.281).
20.87.208 HEllPORT OR HEUSTOP.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,~965;1949
Code §9107.282).
20.87.210 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 individualsfor compensation
whether the compensation for hire to be paid directly or indirectly. (Ord, 635, 1950; 1949
Code §9107.29).
20.87.220 JUNK.YARD.The term "junkyard"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: 1949Code §9107.30).
20.87.225 MAJOR AUTOMOBILE REPAIRS. The term "MajorAutomo-
bile 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).
Page 254
DEFINTI10NS
Chapter 20.87
20.87.227 NAIL SALON.The term "nail salon"shall mean any building
structure or portion thereof,or business or enterprise where the principal use or purpose
of the business is to manicure the nails of any person or massage,cleanse,or treat,or
beautify the hands,or feet of any person.(Ord.95-10,April 26,1995).
20.87.230 NONCONFORMING USE.The term "nonconforming usc"
shall mean a usethat does not conform to the regulations for the district in which it is
situated.(Ord.635,1950;1949 Code §9107.31).
20.87.235 OUTDOOR RESTAURANT.The term "outdoor restaurant"
shall mean a place of business which sells or serves food products or beverages for
consumption onthe premises where such place of business is located,and which provides
for,or permits consumption o~such food products or beverages out-of-doors other thanon
an incidental basis.(Ord,1505 §2,1973;Ord,1202 §2,1967).
20.87.240 PARKING AREA.The term "parking area"shall mean an
off-street parking area containing fewer than five spaces.(Ord,1031,1963;1949 Code §
9107.311).
20.87.250 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).
20.87.260 PARKING SPACE.For resIdential uses the term "parking
space"shall mean an accessible and usable space ofnot less than 19 feet,clear length,inside
measurements (except forthe third required space noted below),and four feet,clear height,
inside measurements,inthe front four feet of said space,for the parking of automobiles off
the street,such space to be located onthelotsoasto meet the requirements of this Title.
The following width for parking spaces shall also apply (except for the third required space
noted below):
1.There shall be a clear width of not less than nine feet,four inches,inside
measurements,fora single parking space;and
2.There shall bean additional clear width ofnot less than eight feet,ten inches,
for each parking space after the first space when several spaces are parallel
to each other and not separated by any walls,partitions,posts or columns;
provided,tbat if there are only two sucb spaces,their total clear width may
be a minimum of seventeen feet,six inches,inside measurements.
The tbird required parking space for any structure may be reduced in area toa clear width
ofnot less than eight feet,Inside measurements,and toa clear depth of not less than sixteen
feet,inside measurements.
Any such roofed parking space tobeso located onthe front one-half ofalot shall have side
walls and an operating garage door for access of automobiles.
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DEFINITIONS
Chapter 20.87
The location and size of parking spaces for other uses shall be established by resolution of
the City Council. (Ord. 1876 §7, 1981; Ord. 1856,§18, 1980.)
The term "accessible"as used in this definition shall mean capable of being reached directly
from an adjoining vehicular right-of-way or over an improved hard-surfaced driveway.
Where access to a required parking space is taken over a driveway,said driveway shall be
maintained free and clear at all times except for the parking of currently registered,licensed
motor vehicles, and for temporary obstructions which are incidental to the use of the
property.Said temporary obstructioIis in the drivewayshall be permitted only for a period
of seventy-two (72) hours. (Added by Ord. 1889;November 9, 1981).
20.87.263 READILY TRANSPORTABLE.The term "readily trans-
portable"shall mean easily movable from one location to another without the use of
professional and housemoving equipment,Le.,in order to move the building to the site all
that is necessary is to add temporary "trailer type" wheels directly to the frame of the
building or to carry it on a typical motor vehicle. (Ord. 1744 (part),§2, 1978).
20.87.264 RECREATIONAL ESTABLISHMENT.The tenn 'recre-
ational establishment"shall mean anybuilding,structure,or portion thereof,or anybusiness
or enterprise,the primary use or purpose of which is amusement or recreational activities,
and shall include but not be limited to an arcade with amusement devices as defined in
Chapter 5.34,miniature golf courses,gyms,health clubs, car racing facilities, tennis clubs,
golf courses, and other businesses or enterprises that are of a similar nature.(Adopted by
Ord. 83-6;February 23, 1983).
20.87.265 RESTAURANT.The term "restaurant" shall mean a place
of business with the principle purpose to sell or serve food products and beverages for
consumption on the premises within a building consisting of a 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, and where the area devoted to live entertainment and/or dancing does
not exceed twenty percent (20%) of the "net public area." (Ord, 94-52,November 23, 1994;
Ord. 1505 §1, 1973).
20.87.270 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 ofthe 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).
20.87.280 ROOMING OR BOARDING HOUSE.The term "roomingor
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 256
DEFINTIlONS
Chapter 20.87
20.87.283 SOLAR EQUIPMENT.The term "solar equipment"shall mean
any solar collector.skylight,or other solar energy device whose primary purpose is to
provide for the collection,storage.and distribution of solar energy for space heating or
cooling,water heating,or for power generation.(Adopted by Ord,83·18 §2;April 27,
1983).
20.87.285 STORY.Theterm ·stoty"shalt mean that portion ofa building
included between theupper surface of any floor andthe upper surface of the floor next
above,except thatthe topmost story shall be that portion ofa building included between
the upper surface ofthe topmost floor and the ceiling or roof above.H the finished floor
level directly above a basement,cellar or unused underfloor space is more than6feet above
grade as defined herein for morethan50 percent ofthetotalperimeter orismorethan12
feet above grade as defined hereinat any point,such basement,cellar or unused underfloor
space shall be considered asa story.(Ord.1481 §1,1972;Ord,1173 §I,1966;o-a 115,
1965;1949 Code §9107.341).
20.87.290 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,roadand any other thoroughfare except an alley
as defined herein.(Ord.635,1950;1949 Code §9107.35).
20.87.300 S'T1U3ETUNE.The term "street line"shall meanthe boundary
line between a street and property.(Ord.635,1950;1949 Code §9107.36).
20.87.310 STRUCfURE.The term "structure"shall mean anything
constructed or erected,theuseof which required location onthe ground or attachment to
something having location on the ground.(Ord.635,December 12,1950j 1949 Code §
9107.37.)
20.87.320 STRUCTURAL ALTERATIONS.The term "structural
alterations"shall mean any change or replacement inthe supporting members ofa building
such as bearing walls,columns,beams or girders.(Ord,1876 §6,1981;Ord,635,December
12,1950;1949 Code §9107.38.)
20.87.325 THEA1ER/NIGH'l'CLUB.The term "theater/nightclub"shall
mean a place of business with the principle purpose to conduct live entertalnment and/or
dancing and may include thesaleand service"of food and/or beverages asan accessory use
to the primary use of live entertainment and/or dancing.(Ord,94·55,Dec.28,1994).
20.87.330 TRAILER COURT.Theterm "trailer court"shall mean land
or premises used or intended to he used,let or rented for occupancy byor of trailers or
movable dwellings,added by Ord,635;December 12,1950).
20.87.340 USE.Theterm "use"shall mean the purpose for which land or
premises ofa building thereon is designed.arranged,or intended or for which it is or may
be occupied or maintained.(Ord,635,December 12,1950;1949 Code §9107.40.)
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Page 257
DEFINITIONS
Chapter 20.87
20.87.350 USE-ACCESSORY.Theterm "use-accessory"shallmeanause
incidental and accessory to the principal use of a lot or a building locatedon the samelot.
(Ord.635,December 12,1950;1949 Code §9107.41.)
20.87.355 USE-ANCILLARY.Theterm "use-ancillary"shallmeana use
that a)is clearly incidental to and customarily found in connection withthe principle use;
b) is subordinate toand serve the principle use;c)is subordinate inarea,extent,or purpose
to the principle use served;d)contributes to the comfort convenience,or necessity of the
operation,employees,or customers of the principle use served.An ancillary use may be
located on a property separatefromthe principle use.(Ord.92-47,December 9,1992).
20.87.360 YARD.The term "yard"shallmeanan openspaceotherthan
a courton the samelot with a building,which open space is unoccupied and unobstructed
from the ground upward,except as otherwise permitted.(Ord.635,December 12,1950;
1949 Code §9107.42
20.87.370 YARD -FRONT. The term "front yard"shall mean a yard
extending across the frontof the lot betweenthe inner side yard lines and measured from
thefrontpropertylineofthelot;provided,that if any official planlinehasbeen 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.(Ord.932,August 8,1960;Ord.635,December 12,
1950;1949 Code §9107.43.)
20.87.380'YARD • REAR. The term "rear yard"shall mean a yard
extending across the full width of the lot and measured from the rear propertylineof 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
planline. (Ord.932,August 8,1960;Ord.635,December 12,1950;1949 Code §9107.44.)
20.87.390 YARD • SIDE. The term "side yard"shall mean a yard
extending from the front propertyline of the lot to the rear yard and measured fromthe
sidepropertylineofthelot;provided,that ifany official planlinehasbeen established for
the sideofthe streetupon which the sideofthe lot faces,then such yardshallbe measured
from such official plan line.(Ord.932,August 8,1960;Ord.635,December 12,1950;1949
Code §9107.45).