HomeMy WebLinkAboutPA2007-054_REVISE PROPERTY DEVELOPMENT REGULATIONS B-5 OVERLAYIIII�II IIII III III IIIIIII IIIII II�II IIII III IIII*NEW FILE*
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CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
March 8, 2007
TO: PLANNING COMMISSION
FROM: Planning Department FILE COPY
Patrick J. Alford, Senior Planner
(949)644-3235
palfordO—city. newport-beach. ca. us
SUBJECT: Zoning Code Amendment Initiation
ISSUE:
Should the Planning Commission adopt a resolution of intent to amend Title 20 (Zoning
Code) of the Newport Beach Municipal Code to revise property development regulations
relating to permitted encroachments into required yards, setbacks and height limits of
the B Overlay District, and requirements for the screening of mechanical equipment?
RECOMMENDATION:
Adopt Resolution No. 2007- initiating the amendment to Title 20 of the Newport
Beach Municipal Code.
DISCUSSION:
As part of Planning Department efforts to streamline the plan review process consistent
with direction from Council, staff has been directed to initiate a number of amendments to
the Zoning Code. These amendments are intended to address issues of immediate
concern. Therefore, they are being addressed at this time rather than
comprehensive
Program.
review of the Zoning Code required by the General Plan
Modification Permits
as a part of the
Implementation
One .set of amendments involve updating regulations to allow additional setback
encroachments for trellises, open patio covers, covered porches, and other minor
accessory structures. These revisions will reflect common modification requests that are
routinely approved by the Zoning Administrator and are intended to reduce the number of
modification permit applications.
Zoning Code Amendment Initiation
March 8, 2007
Page 2
A number of modification applications involve properties in the B Overlay Districts. The B
and B-5 Overlay Districts modify base district regulations in areas annexed by the City.
The overlays were intended to avoid the creation of nonconforming structures. However,
many of the structures did not conform to the County's regulations at the time of
annexation. Required setbacks should be adjusted to reflect the existing development
pattern. A potential donflict with Chapter 20.65 (Height Limits) should also be corrected.
Together, these amendments are expected to significantly reduce the number of
modification permit applications.
OtherAmendments
Staff has also been directed to investigate two other potential code amendments. The first
would limit second -story projections into rear setbacks on properties abutting alleys in
Newport Shores. The other would add regulations requiring for the screening of rooftop
mechanical equipment.
Environmental Review:
None required for the initiation of amendments.
Public Notice:
None required for the initiation of amendments.
Prepared by:
b
/Patrok J. Alford
Senior Planner
Exhibits:
1. Draft resolution.
Submitted by:
WravlidMepo +
Planning Director
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'EXHIBIT 1
Draft Resolution
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NEWPORT BEACH INITIATING
AN AMENDMENT TO TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE
WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the
Planning Commission to adopt a resolution initiating amendments to the Zoning
Code of the City of Newport Beach; and
WHEREAS, the Planning Commission desires to amend the Zoning Code to
revise property development regulations relating to permitted encroachments into
required yards, setbacks and height limits of the B Overlay District, and
requirements for the screening of mechanical equipment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Newport Beach hereby initiates an amendment Title 20 of the Newport
Beach Municipal Code to revise property development regulations relating to
permitted encroachments into required yards, setbacks and height limits of the B
Overlay District, and requirements for the screening of mechanical equipment.
• PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2O07.
BY:
Jeffrey Cole, Chairman
BY:
Robert Hawkins, Secretary
AYES:
NOES:
5
RESOLUTION NO. 1717
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NEWPORT BEACH INITIATING
AN AMENDMENT TO TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE
WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the
Planning Commission to adopt a resolution initiating amendments to the Zoning
Code of the City of Newport Beach; and
WHEREAS, the Planning Commission desires to amend the Zoning Code to
revise property development regulations relating to permitted encroachments into
required yards, setbacks and height limits of the B Overlay District, and
requirements for the screening of mechanical equipment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Newport Beach hereby initiates an amendment Title 20 of the Newport
Beach Municipal Code to revise property development regulations relating to
permitted encroachments into required yards, setbacks and height limits of the B
Overlay District, and requirements for the screening of mechanical equipment.
PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2O07.
AYES: Peotter, Hawkins, Cole, McDaniel
Toerge, and Hillgren
RECUSED: Eaton
Page 20.50-1
B Overlay District
CHAPTER 20.50
B
OVERLAY DISTRICT
Sections:
20.50.010
Effect of Chapter
20.50.020
Districting Map Designator
20.50.030
Property Development Regulations
20.50.040
Uncovered Rear Yard Area
20.50.050
Slope Ratio Approval Required
20.50.060
Site Area
20.50.010 Effect of Chapter
The following regulations shall apply in lieu of site area, yard and lot width requirements in the
respective districts where such districts are combined with the B OverlayDistrict, and shall be subject to
the provisions of Chapter 20.10. All other provisions of the respective districts shall apply.
20.50.020 Districting Map Designator
The B Overlay District may be combined with any base district. Each B Overlay District shall be shown
on the Districting Map with an "-B" designator.
20.50.030 Property Development Regulations
The following minimum site area, lot sizes and setbacks shall be required and the following maximum
coverage shall be allowed in the respective B Overlay Districts:
B B-1 B-2 B-3 B-4 B-5
Minimum Lot Area (sq. ft.) 6,000 7,500 10,000 20,000 See below. 7,200
Minimum Lot Width (ft.) 60 75 90 100 See below. N/A
Lot Length (ft.) SO 90 100 150 See below. N/A
Minimum Yards:
Front Yard (ft.) 20 l5 15 15 See below. 20
Rear Yard (ft.) 6 7 10 10 See below. 20
Side Yard (ft.) 6 7 10 10 See below. 5
Maximum Coverage 60% 60% 60% 60% See below. 60%
Maximum Bldg. Height N/A N/A N/A N/A N/A 35 ft.
Max. 2 stones
There is a conflict in the height of the R-1-B-5 and Chapter 20.65.
07/01/03
Page 20.50-2
B Overlay District
B Overlay District. An addition to the principal building shall be allowed to be constructed to the side
yard setback line in effect at the time the principal building was constructed. Nonconforming garage
side yard setbacks which are less than the Code required may be maintained with regard to the side yard,
except that new garages or additions to existing or extensions shall maintain a minimum front yard
setback of 18 feet or 5-7 feet with roll -up garage doors. Side yard encroachment of subterranean
structural elements (with no portion located aboveground) shall be permitted to encroach a maximum
of 12 inches into the required side yard setback, but may match the existing side yard encroachment of
existing buildings or maintain a minimum side yard setback of 5 feet whichever is greater.
B-4 OverlavDistrict. As designated on the districting map; provided, that no requirements be less than
B-3 regulations. All setbacks on the street side of a corner lot shall not be less than that required on
existing or adjacent reversed frontage when such exists.
B-5 Overlay District. As designated on the districting map; provided, that no requirements be less than
B-3 regulations. All setbacks on the street side of a corner lot shall not be less than that required on
existing or adjacent reversed frontage when such exists. Additions to existing structures that currently
encroach into the required front yard setback may be continued with new interior living area, except that
garages that have a setback of less than 20 feet shall be allowed to remain. New garages or additions to
existing or extensions shall maintain a minimum setback of 18 feet or 5-7 feet with roll -up garage doors.
20.50.040 Uncovered Rear Yard Area
There shall be a minimum of 750 square feet or rear yard land area adjoining the main dwelling
maintained uncovered.
20.50.050 Slope Ratio Approval Required
Anybanks graded or benched for sites in B Overlay Districts wherein cuts are required, leaving banks or
slopes of a greater grade than a ratio of 3 to 1, shall be approved by the Planning Commission prior to
obtaining a building permit.
20.50.060 Site Area
The following minimum site area shall be required for each family unit (maximum density permitted in
R Districts where combined with B Overlay District):
R-2 MFR
B 3,000 sq. ft. 1,500 sq. ft.
B-1 3,000 sq. ft. 1,500 sq. ft.
B-2 3,000 sq. ft. 2,000 sq. ft.
B-3 3,000 sq. ft. 2,000 sq. ft.
07/01/03
Page 20.60-1
Site Regulations
CHAPTER 20.60
SITE REGULATIONS
Sections:
20.60.010
Specific Purposes and Applicability
20.60.015
Temporary Structures and Uses
20.60.020
Accessory Structures and Mechanical Equipment
20.60.025
Relocatable Buildings
20.60.030
Extensions Into Yards
20.60.040
Development on Substandard Lots and Across Property Lines
20.60.045
Slopes and Submerged Lands
20.60.050
Outdoor Lighting
20.60.055
Heliports and Helistops
20.60.060
Plans and Drawings for Commercial and Industrial Districts
20.60.065
Residential Uses in Commercial and Industrial Districts
20.60.070
Waterfront Development Regulations
20.60.075
Drive -Through and Drive -Up Facilities
20.60.080
Marine Incentive Uses
20.60.085
Uses Requiring City Manager Approval
20.60.090
Recyclable Materials
20.60.095
Residential Property Maintenance
20.60.100
Home Occupations in Residential Districts
20.60.105
Outdoor Storage and Display
20.60.110
Bed and Breakfast Inns
20.60.115
Mixed Use Districts; Extended Hours
20.60.120
Personal Property Sales in Residential Districts
20.60.125
Design Standards for Mobile Homes on Individual Lots
20.60.130
Day Care Facilities for Children
20.60.010 Specific Purposes and Applicability
This chapter contains land use and development regulations that are applicable to sites in all or
several districts. These regulations shall be applied as specified in Part H: Base Regulations, Part
III: Overlay District Regulations, and as presented in this chapter.
20.60.015 Temporary Structures and Uses
A. Purpose. This section establishes procedures whereby the Planning Director or the
Planning Commission may approve interim or temporary uses of land or buildings
02/08/07
Page 20.60-2
Site Regulations
consistent with the City's General Plan and the health, safety, peace, comfort and
general welfare of persons residing or working in the neighborhood and not violative
of any other ordinances and regulations of the City.
B. Temporary Structures and Uses Not to Exceed 90 Days. The Planning Director may
authorize the temporary use of structures and land in any commercial, industrial, or
planned community district for a period of time not to exceed 90 days. Prior to
approving said temporary use the Planning Director 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
of this section and that said land or building will be restored at such time as the use is
terminated.
C. Temporary Structures and Uses in Excess of 90 Days. The Planning Director may
authorize the temporary use of structures and land in any commercial, industrial, or
planned community district for periods of time in excess of 90 days subject to the
securing of a use permit in each case. In approving said use permit the Planning
Director may impose whatever conditions deemed necessary to assure that the
purpose of this section is carried out and shall establish a specific point in time when
said permit is to be terminated and the site restored.
D. Temporary Real Estate Structures. The Planning Director may approve temporary
tract and sales offices for the first sale of structures and/or lots in any district for a
period of time not to exceed 1 year following the recordation of the final subdivision
map.
E. Extensions of Time for Temporary Structures and Uses. The Planning Director may
authorize extensions of time subject to the procedures specified above.
20.60.020 Accessory Structures and Mechanical Equipment
A. Accessory Building - Yards. Where an accessory building, more than 6 feet in
height, is attached to the main building, it shall be made structurally a part of and
have a common wall with the main building or be connected to the main building by
a solid cover, a minimum of 4 feet wide, and shall comply in all respects with the
requirements of this code applicable to the main building. Unless so attached, such
an accessory building in a residential 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.
B. Accessory Buildings for Keeping of Animals - Yards. Accessory buildings used for
the keeping of chickens or other poultry or rabbits or other animals shall be not less
than 60 feet from the front property line nor less than 20 feet from any side or rear
property line.
02/08/07
Page 20.60-3
Site Regulations
C. Swimming Pools and Related Equipment. Any swimming pool, fish pond, or other
body of water which contains water 18 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 the Municipal Code is permitted
under the provisions of Chapter 20.10 and Section 20.60.030.
D. Underground Storage of Flammable Liquids. The underground storage of flammable
liquids shall be prohibited in any residential district, or residential portion of a
planned community or specific area plan district, in the City.
E. HVAC Equipment.
Building permits for heating, venting and air conditioning (HVAC)
equipment in or adjacent to residential areas shall be issued only where
installations can be shown by computation, based on the sound rating of the
proposed equipment, not to exceed an A -weighted Sound Pressure Level of
50 dBA or not to exceed an A -weighted Sound Pressure Level of 55 dBA and
be installed with a timing device that will deactivate the equipment during the
hours of 10:00 p.m. to 7:00 a.m.. The method of computation used shall be
that specified in "Standard Application of Sound Rated Outdoor Unitary
Equipment," Standard 275, Air-conditioning and Refrigeration Institute,
1984 or latest revision thereof.
2. In the event that HVAC equipment cannot meet the requirements set forth
above, then the exterior noise limit for such equipment may be raised to 65
dBA provided that the applicant obtains the written consent of all the owners
of the affected properties.
20.60.025 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.
20.60.030 Extensions Into Yards
A. Accessory Buildings and Structures and Plantings.
1. Fences, walls, hedges, uncovered decks, landings, patios, platforms, porches
and terraces and similar structures not more than 6 feet in height, may be
located within any required side yard to the rear of the front setback or within
any required rear yard other than those abutting an alley.
02/08/07
Page 20.60-4
Site Regulations
lA Accessory structures that include barbecues, freestanding fireplaces, water
features and fountains, fire pits that are in ground and are no more than 6 feet
in height, may be located within any required side yard to the rear of the front
setback or within any required rear yard other than those abutting an alley
subject to the following criteria:
L Maintain a minimum setback of 3 feet from the side property
line and a minimum setback of 5 feet from the rear property line;
ii. In the case of freestanding fireplaces or fire pits, shall be gas -
burning only, the burning of smoke producing combustibles is prohibited;
iii. In the case of water features and fountains, shall be allowed to
attach to conforming walls or fences and shall be limited to a maximum
height of 6 feet within side and rear yard setback, except where accessory
structure are further limited in height by other sections of the Zoning Code.
2. Where there is a difference of 6 feet or more in elevation between the
building sites of abutting lots, no fence, wall, accessory structure, or hedges
shall hereafter be constructed or grown in any yard area of the lower lot
adjacent to -the lot line of the higher lot to a height in excess of 3 feet above
the elevation of the building site of the higher lot. Where there is a difference
of less than 6 feet in elevation between building sites of abutting lots, the
Planning Director may review and approve an application or require the filing
of a modification permit for the construction of a fence, wall, accessory
structure, or hedges to be constructed or grown in any yard area of the lower
lot adjacent to the lot line of the higher lot to a height in excess of 6 feet
above the elevation of the building site of the lower lot.
Accessory buildings, including housing for mechanical equipment, not more
than 6 feet in height, and totaling no more than 150 square feet, may be
located within any required side yard to the rear of the front setback or within
any required rear yard other than those abutting an alley.
4. Fences, walls, hedges, and accessory structures shall be limited to 3 feet in
height above natural grade in all required front yard setback areas (including
any required side yard between the front property line and the required front
setback line), except as provided below.
02/08/07
5. In Old Corona del Mar, West Newport,
and the Balboa Peninsula (as
delineated in Section 20.10.040) and
on Balboa Island, fences, walls,
uncovered accessory structures, and
hedges, except as noted below, shall be
limited to a height of 5 feet above the
natural grade in all required front yard
setbacks (the upper 3 feet of which
must be at least 40 percent open).
In addition, areas where the existing
grade is in excess of 2 feet in height
above the adjacent sidewalk (or curb
elevation where no sidewalk exists), a
maximum 2 foot high retaining wall
shall be permitted to be located at the
front property line. Any additional
maximum 3 foot high retaining walls .
shall be permitted a minimum distance
of2 feet from the face ofthe preceding
retaining wall with subsequent
retaining walls subject to the same limitation. A maximum 5 foot fence,
wall, uncovered accessory structure, orhedge(the upper 3 feet ofwhich must
be at least 40 percent open) shall be permitted atop the highest retaining wall
for safety purposes.
5-10.
Page 20.60-5
Site Regulations
6. Trellises and open patio covers with a projected footprint of 120 square feet
or less and are no more than 8 feet in overall height at its highest point, may
be located within any required side yard to the rear of the front setback or
within any required rear yard other than those abutting an alley subj ect to the
following criteria:
i. The covering of open construction (open beam and lattice or
similar construction, subject to determination by the Planning Department)
shall be more than 50% open to above and shall extending uniformally across
the entire structure, excepting required horizontal support beams.
ii. Only one such trellis or open patio structure encroachment is
permitted per building site.
iii. Maintain a minimum setback of 3 feet from the side property
line and a minimum setback of 5 feet from the rear property line (including
overhang).
7. Covered porches attached to or an extension of the primary building roof
structure with a projected footprint of 120 square feet or less (measured at the
02/08/07
Page 20.60-6
Site Regulations
drip line of the roof) shall be permitted within the front yard setback subject
to the following criteria:
i. Solid roofs projected footprint shall be located within the
center 50% of the front yard setback area or a minimum distance of 12 feet from the
side property lines, whichever distance is less.
ovoaro7
Page 20.60-7
Site Regulations
Exceptions:
a. Fences, walls, uncovered accessory structures, and hedges shall not
exceed a height of 3 feet above the natural grade in all required rear
yard setback areas abutting or adjacent to the waterfront of Newport
Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa
River (the Oxbow Loop), or the channels in West Newport.
b. Fences, walls, and hedges shall not exceed a height of 5 feet above
the natural grade in all required front yard setback areas adjacent to
North Bay Front and South Bay Front on Balboa Island and East Bay
Front on Little Balboa Island (the upper 2 feet, 6 inches of which
must be at least 40 percent open).
C. Finials or light fixtures, with maximum height of 16 inches, shall be
permitted on top of conforming pilasters or fences in the front yard
setback.
d. Arbor structures of open construction and without solid roofs with
projected footprint of 25 square feet or less shall be permitted within
the front yard setback and only when located within the center 50% of
the front yard setback area or 10 feet from the side property lines,
whichever distance is less. Only one arbor encroachment is permitted
per building site.
e. At street ends and within the adjacent side yard setback, vertically
oriented architectural features such as pilasters and columns or
similar structures at the second floor shall be limited to 6 inches and
on the ground floor shall be limited to 12 inches. Roof overhangs
shall be permitted to extend into the side yard setback a maximum of
18 inches at the ground floor and 12 inches at the second floor.
f.
6. Required Sight Distances. Fences, walls, uncovered accessory structures, and
hedges shall be limited to 3 feet in height within any required front yard
setback area of up to a maximum of 10 feet, that is within 60 feet of the
intersection of two street rights ofway. A sight distance "triangle" shall also
be required for fences, walls, uncovered accessory structures, and hedges not
to exceed 3 feet in height, within any required side yard setback that is within
15 feet of the intersection of a street right of way and an alley, within 15 feet
of the intersection of two alleys, or within 5 feet of the corner of any
intersecting street right of way and a driveway. Elevations for construction
within required sight distance "triangles" shall be measured from the adjacent
top of curb height.
B. Architectural Features.
02/08/07
Page 20.60-8
Site Regulations
Roof overhangs, brackets, cornices, and eaves may project up to 2 feet, 6
inches 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. Any such features shall maintain a clearance above grade
vertically of at least 8 feet.
2. Decorative architectural features such as belt courses, ornamental moldings,
and pilasters may project up to 6 inches into any required setback.
C. Protective Railing. Protective railings around balconies and windows required by the
Building Code may project up to 6 inches into any required setback.
D. Planter boxes. Planter boxes, up to 6 feet in length, may project up to 6 inches into
any required setback.
E. Garages. hi residential districts, where 3 parking spaces are provided across the rear
of a lot less than 30 feet 10 inches wide,1 garage wall may proj ect 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 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.
F. Fireulaces and Chimneys. Fireplaces and chimneys not to exceed 8 feet in width,
may project to a distance of 2 feet into any required front or rear yard setback of 10
feet or more for any residential structure; 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 may project to a maximum
distance of 2 feet, 6 inches from any side yard setback line provided that such
encroachment must be at least 2 feet from any side property line.
G. Awnings, Canopies, Marquees, and Shades. Awnings, canopies, marquees, or shades
may project up to a maximum of 5 feet into required yards as follows:
Residential Districts:
Front: One half the depth of the required front yard
Side: 0 feet
Rear: 2'/s feet
Vertical Clearance: 6% feet above grade
RSC, APF, and RMC Districts:
02/08/07
Page 20.60-9
Site Regulations
Front: One half the depth of the required front yard
Side: 2 feet
Rear: One half the depth of the required rear yard
Vertical Clearance: 8 feet above grade.
All Other Commercial Districts:
Front: One half the depth of the required front yard
Side: 0 feet
Rear: 2'/z feet
Vertical Clearance: 5'/2 feet above grade
Any such projection from the building shall be supported entirely by the wall of the
building, and shall meet all requirements of the Building Code.
H. Building Location. Where no setback line is established by the provisions of this
code for the location of any building, all buildings shall be located an adequate
distance from all travel lanes to provide adequate space for the pedestrian and traffic
movements and the standing of vehicles which will be incidental to the use of such
building. The distance shall be designated by the Planning Commission.
I. Encroachments in Residential Rear Yard Setbacks Abutting Alleys. In residential
districts having alleys to the rear of lots or development sites, a second -story
projection will be permitted to encroach into the setback stipulated in Chapter 20. 10,
subject to the following conditions:
No projection may extend closer than T-6" to the center of any alley.
2. No projection may extend closer than 2'-6" to the rear property line.
3. That portion of the building which encroaches into the required rear yard
setback shall have a minimum ground clearance of 8'-0".
4. No encroachment will be permitted on lots having a depth exceeding 85 feet.
Bay Windows and Greenhouse Windows. Bay Windows and Greenhouse Windows
shall be permitted to extend into required yards subject to the following restrictions:
No more than 2 bay windows or greenhouse windows on a structure shall be
permitted to project into any one setback; and
2. Bay windows and greenhouse windows shall not to exceed 8 feet in width or
ovosiw
Page 20.60-10
Site Regulations
10 feet in height within the projection; and
3. Bay windows and greenhouse windows shall be cantilevered and shall not
extend to the ground; and
4. The interior surface of bay windows and greenhouse windows shall be
elevated a minimum of 18 inches above the adjacent finished floor surface at
the required building setback line; and
5. Bay windows and greenhouse windows shall be designed to preclude use as a
door or entry; and
ovo8im
Page 20.60-11
Site Regulations
6. Projection into required yards shall be limited as follows:
Required Yard
Permitted
Additional
Setback
Extension
Regulations
Front (4 feet to less than
16 in.
10 ft.):
Front (10 ft. or more):
2 ft.
Side:
2 ft.
A minimum side
setback yard of feet
must be maintained;
limited to first floor
only.
Rear:
2 ft.
Not permitted when the
rear property line abuts
an alley.
Distance Between
2 ft.
Detached Structures:
K. Access to Dwellinlzs and Extensions into Yards Within Corona del Mar. Within the
area of Corona del Mar, as defined in Section 20.10.040 (A), on lots 30 or more feet
wide, a 4 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 3 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 for use of a first floor entrance. The requirements of
Us section are not intended to affect the buildable area of a lot.
L. Balconies -Front Yards Abutting East Ocean Front and West Ocean Front. Balconies
may project up to a maximum of 3 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 percent open. Balconies
constructed after November 23, 1994 shall be cantilevered such that no underlying
support is necessary. Roofs shall not be permitted in required front yard setbacks
except as provided in Section 20.60.030 (B). Patios and raised decks located on the
ground floor or lower level which project into required front yard setbacks shall be
constructed in accordance with Section 20.60.030 (A).
M. Limits on Encroachments. Total permitted front or rear yard setback encroachments,
including bay windows, greenhouse windows, and chimneys shall not exceed 50
percent of the buildable width of the lot.
02/08/07
Page 20.60-12
Site Regulations
20.60.040 Development on Substandard Lots and Across Property Lines
Provisions regulating development on substandard lots, development across property lines, and lot
mergers are contained in Title 19 (Subdivision Code).
20.60.045 Slopes and Submerged Lands
MFR District. The minimum land area may be established by the Districting Maps. For purposes of
determining the allowable number of units, areas which have a slope greater than 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.
Not withstanding any other provision of this section, at least 2 dwelling units may be permitted on
any lot or parcel in the MFR District which was 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.
20.60.050 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 residential district or closer than 200 feet to the
boundary of any residential 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 so as to require a use permit for lighting fixtures which are normally incidental
to the use of a residential structure.
20.60.055 Heliports and Helistops
No helicopter shall land or take off and no heliport or helistop shall be established in any R-1 or R-2
District. In any other zoning district, no helicopter shall land or take off and no heliport or helistop
shall be established unless a use permit shall first have been secured for the establishment,
maintenance, and operation of such use.
The Planning Director may approve temporary helistops in any zoning district of the City for a
period not to exceed 90 days for use in connection with major construction sites if he determines that
such helistops will not unduly interfere with the health, safety, and welfare of persons owning
property in the surrounding area and he may attach appropriate conditions to such approval.
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20.60.060 Plans and Drawings for Commercial and Industrial Districts
A. Applications for a use permits, variances, modification permits, or site plan review
for any building or structure in any commercial or industrial district, shall be
accompanied by architectural drawings or sketches and plot plans, all to a workable
scale, showing the elevation of the proposed building, or structure and proposed
landscape or other treatment of the grounds around such building or structure and
other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches
shall be considered by the Planning Director or Planning Commission in an endeavor
to provide that such buildings or structures and grounds be in keeping with the
character of the neighborhood and such as not to be detrimental to the orderly and
harmonious development of the City, or not to impair the desirability of investment
or occupation in the neighborhood.
B. Architectural Committee - Appointment and Membership. The Planning
Commission may appoint an Architectural Committee of 3 members, who may be
employees in the following departments: Planning and City Engineer.
C. Authority of Architectural Committee - Standards. The Architectural Committee
shall have authority to approve architectural sketches within the meaning of Section
20.60.060 (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 ofNewport Beach", shall be approved by the Planning Commission
and the City Council, and shall be on file in the Planning Department. The drawings
shall show desirable architectural standards, but are not designs which must be
copied in order to secure approval of plans.
D. Appeals. In case the applicant is not satisfied with the decision of the Architectural
Committee, the applicant may within 30 days after such action appeal in writing to
the Planning Commission. The Architectural Committee may, if it deems advisable,
refer any application for architectural approval to the Planning Commission for its
decision.
In case the applicant is not satisfied with the action of the Planning Commission, the
applicant may appeal to the City Council under the provisions of Chapter 20.95.
E. Approval of Plans Requisite to Permit Issuance. No permit shall be issued in any
case as provided in Section 20.60.060 (A) until such drawings and sketches have
been approved by the Planning Commission and all buildings, structures and grounds
shall be in accordance with the drawings and sketches.
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20.60.065 Residential Uses in Commercial and Industrial Districts
A. Dwellings in Commercial Districts. Residential uses shall be permitted only where
the commercial district is combined with the Residential Overlay (-R) District, in
compliance with Chapter 20.52.
B. Dwellings in M-1 and M-1-A Districts - Yards. Every building or portion thereof
which is designed or used for any dwelling purpose in any M-1 District shall comply
with the requirements of such appropriate residential district as is determined by the
use to which such M-1 and M-1-A 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 M-1 and M-1-A District may be
applied to the ground floor only.
20.60.070 Waterfront Development Regulations
A. Bulkheads. All bulkheads shall be constructed to an elevation of 9 feet above mean
low water(8.67 NAVD 88).
B. Bulkhead Setback: A minimum setback of 10 feet shall be maintained from the
bulkhead line.
C. Public Access to Bay Front. In approving a site plan review or granting a use permit
for development on a site with frontage along the bay, the Planning Commission
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 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 Recorder's Office in a manner satisfactory to the Public Works
Department.
D. 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 of a site plan review or use permit. Said pump -out facilities shall have
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Page 20.60-15
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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.
20.60.075 Drive -Through and Drive -Up Facilities
A. Definition. Any place of business which transacts any part or all of its business
directly with customers within a vehicle.
B. Use Permit Required. A use permit issued by the Planning Commission shall be
required for drive -through or drive -up facility.
20.60.080 Marine Incentive Uses
A. Purpose. These regulations encourage marine commercial uses by establishing a
system of incentives to property owners to maintain these uses.
B. Definition. Incentive uses are marine -related uses provided in the use classifications
Marinas, Marine -Related Industry, Marine Sales and Services, and Yacht Clubs.
When incentive uses occupy at least 40 percent of a site, as defined herein, may be
combined with non -incentive uses under the provisions of this section.
C. Site Area. For purposes of determining compliance with this section, "site" shall be
defined as the total land area within the established property line of a parcel,
including any portion underwater. 40 percent of this total area shall be devoted to an
incentive use as defined herein. For any permitted use bayward of the bulkhead, such
as boat slips or marine gas docks, any land used for required parking for such use
shall be included in the calculation of incentive uses 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 display areas in conjunction with
a yacht sales business shall be included in the calculation of incentive uses to
determine compliance with this section.
2. 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 this section.
Where a mixed -use development is proposed with any combination of
incentive uses and non -incentive uses, the area devoted to non -incentive uses
shall be subtracted from the total area of the development. 40 percent of the
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balance of the total development shall be devoted to an incentive use as
defined herein.
20.60.085 Uses Requiring City Manager Approval
in addition to the land use regulations specified by the Zoning Code, the following uses shall require
a permit approved by the City Manager:
A. Pawnbrokers, secondhand dealers, and junk dealers, pursuant to the provisions of
Chapter 5.20 of the Municipal Code.
B. Establishments providing entertainment where food or beverages are served and open
to the public, pursuant to the provisions of Chapter 5.28 of the Municipal Code.
C Establishments, where food and beverages are sold for consumption on the premises,
which allow or permit dances, which are open to the public without payment of an
admission fee, pursuant to the provisions of Chapter 5.32 of the Municipal Code.
D Establishments keeping, maintaining or possessing 1 or more pool tables or
amusement devices, pursuant to the provisions of Chapter 5.34 of the Municipal
Code.
E Commercial filming, pursuant to the provisions of Chapter 5.46 of the Municipal
Code.
20.60.090 Recyclable Materials
A. Purpose. This section establishes a comprehensive set of regulations and guidelines
regarding the requirement for specific areas for collecting and loading recyclable
materials in certain developments in the City of Newport Beach.
B. Definitions. For the purposes of this subsection, the following definitions shall
apply:
Develoument Proiect. Development project shall mean any of the following:
a. A project for which a building permit is required for a new
commercial, industrial or institutional building, marina, or residential
building having 5 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 5 or more living units.
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Page 20.60-17
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b. Any new public facility where solid waste is collected and loaded and
any improvements to that part of a public facility used for collecting
and loading solid waste.
C. 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 50 percent or more.
2. hnnrovement. A physical change which adds to the value of a facility,
prolongs its useful life, or adapts it to new uses, excluding repairs, which do
not substantially extend the life of the facility.
Floor area of a marina. The space dedicated to the docking or mooring of
marine vessels.
4. Public Facility. Any building, structure, or outdoor recreation area owned by
a local agency.
Recycling Area (Areas for Recycling). 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.
B. Applicability.
1. All development projects for which a building permit is issued on or after
March 1, 1995, shall be required to provide adequate, accessible, and
convenient recycling areas for collecting and loading recyclable materials.
2. For purposes of this chapter, recycling areas for collection and recycling of
commingled recyclable and non -recyclable materials which are transported to
a mixed waste processing and material recovery facility are deemed to be
adequate, accessible, and convenient.
C. 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 by the 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 area in 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 only required to serve the
needs of the living units which utilize the solid waste collection and loading
area.
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Page 20.60-18
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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.
4. Recycling areas shall be secured to prevent the theft of recyclable materials
while allowing authorized persons access for 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
solid waste haulees collection vehicles and shall provide minimum clearance
for vehicles utilized by the solid waste haulers.
7. The design and construction of recycling areas shall meet all applicable
zoning setback requirements and shall not be located in any area required to
be constructed or maintained unencumbered, according to any applicable
federal, state, or local laws relating to fire, access, building, transportation,
circulation, or safety.
8. Any recycling areas shall be located to be convenient to persons who deposit,
collect, and load the recyclable materials. Whenever feasible, areas for
collecting and loading recyclable materials should be adjacent to, or
developed in conjunction with, the solid waste collection areas.
9. A sign clearly identifying all recycling and solid waste collection and loading
areas and the materials accepted therein should be posted adjacent to all
points of direct access to the recycling area.
10. All areas for loading and collecting recyclable materials are subject to review
by the Planning and/or Building Departments.
20.60.095 Residential Property Maintenance
Lots located in residential districts shall be maintained in such a manner to prevent unsafe or
unsightly conditions including:
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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 from a public street, alley, sidewalk or other public right-of-
way.
B. Private driveways or walkways which, due to deterioration or lack of maintenance,
create a hazard to pedestrians.
C. The outdoor storage of large 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 person in charge of the property.
20.60.100 Home Occupations in Residential Districts
A. Intent and Purpose. This section permits a home occupation as an accessory use if it
is compatible with the residential character of the neighborhood in which it is located
and is conducted so as not to disturb or cause discomfort or annoyance to any
reasonable person of normal sensitivity residing in the area.
B. Required Conditions. Home occupations shall comply with the following
regulations.
Any home occupation use shall be confined to the principal residence of the
individual so engaged, shall be excluded from any yard or accessory building,
and shall be clearly incidental and subordinate to the primary residential use.
2. No alteration shall be made in either the internal or external structural form of
the residential building or the external appearance for purposes of any home
occupation. The removal of partitions or floors or parts thereof, shall be
construed as an alteration of the external or internal structural form and is,
therefore, prohibited.
3. No evidence of any home occupation shall be visible from off the lot where it
is conducted.
4. Employees of a home occupation shall be limited to permanent residents of
the dwelling unit. This restriction would not apply to independent contractors
who make occasional or periodic visits to the site of the home occupation.
No storage of equipment or materials used in a home occupation shall be
outside the principal residence.
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