HomeMy WebLinkAbout1657 - Recodifying Title 20ORDINANCE NO. 1657
AN ORDINANCE OF THE CITY OF NEWPORT
• BEACH AMENDING IN ITS ENTIRETY TITLE
20 OF THE NEWPORT BEACH MUNICIPAL
CODE, INCLUDING A REORDERING AND RE-
NUMBERING OF EXISTING CHAPTERS AND
SECTIONS WITH REVISIONS OF THE TEXT
FOR PURPOSES OF CLARIFICATION AND
MAKING NO SUBSTANTIVE CHANGES, AND
ADOPTING THE RECODIFIED TITLE 20
BY REFERENCE
WHEREAS, Title 20 of the Newport Beach Municipal
Code was originally adopted in 1949; and
WHEREAS, said Title 20 was recodified in 1966; and
WHEREAS, there have been no substantial revisions
to Title 20 since codification in 1966; and
WHEREAS, it is appropriate'to recodify Title 20 of
the Newport Beach Municipal Code, the Zoning Code, for ease
of use by members of the public.
NOW, THEREFORE, the City Council of the City of
Newport Beach does ordain as follows:
SECTION 1. Title 20, Planning and Zoning, of the
Newport Beach Municipal Code is amended in its entirety and
pursuant to the provisions of the Charter of the City of Newport
Beach, the City Council of the City of Newport Beach does hereby
adopt that certain Code entitled "Title 20, Planning and Zoning,
City of Newport Beach" dated January 15, 1976, three full copies
of which are printed as a Code in book form have been filed
in the office of the City Clerk on January 26 , 1976, and are
open to public inspection.
SECTION 2. This Ordinance shall be published once
in the official newspaper of the City, the same shall be effective
is
thirty (30) days after the date of its adoption.
• This Ordinance was introduced at a regular meeting
of.the City Council of the City of Newport Beach held on the
26th day of r , 1976, and was adopted on the 9th
day of FeAr+,nr3A , 1976, by the following vote, to wit:
ATTEST:
City, Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
CITY CLERK "T�EO rNE WPORT B
•
AYES, COUNCILMEN: McInnis, Dostal. Barrett,
Kuehn, Rvckoff. Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: Rogers
HRC:yz
1/20/76
•
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Chapters:
P L A N N I N G A N D Z O N I N G
Title 20
PLANNING AND ZONING
PART I: GENERAL PROVISIONS
20.01 Purpose of Title - Districts Designated
20.02 Height Limits
20.10
20.11
20.12
20.13
20.14
• 20.15
20.16
20.17
20.18
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
"8" Combining District
PART III: COMMERCIAL DISTRICTS
20.30
General Controls - Commercial Districts
20.31
A -P District
20.32
C -N District
20.33
Commercial - Residential District
20.34
C -0 District
20.35
C -1 District
20.36
C -2 District
PART IV: INDUSTRIAL DISTRICTS
20.40 General Controls - Industrial Districts
20.41 M -1 District
20.42 M -1 -A District
PART V: SPECIAL PLANNING DISTRICTS
is 20.50 Planned Residential Development
20.51 Planned Community District
20.52 Open Space District
20.53 "U" District
• Chapters:
PART VI: SPECIFIC AREA PLANS
20.60 Specific Plan District
20.61 Newport Shores Specific Area Plan
PART VII: SPECIAL USE REGULATIONS
20.70 Automobile Service Stations
20.71 Oil Wells
20.72 Drive -In and Outdoor Restaurants
PART VIII: ADMINISTRATION
20.80
Permits
20.81
Modifications Committee
20.82
Variances
20.83
Nonconforming Structures and Uses
20.84
Amendments
20.85
Appeals
20.86
Enforcement
20.87
Definitions
•
is
40
CLASSIFICATION EXPLANATION
A -P Professional Offices, Art Galleries, etc.
C -N Professional Offices, Retail Stores,
Neighborhood Commercial, etc.
C -R Retail or Personal Service Establishments,
residential uses in conjunction with permitted
commercial uses.
C -0 Multiple Residential, Hotel, Motel, Professional
Offices, and Retail Sales.
C -1 Professional Offices, Retail Stores (Light
Commercial), etc.
C -2 Professional Offices, Retail and Wholesale
Stores, etc.
M -1 Retail and Wholesale, Light Industrial.
M -1 -A Administrative and Professional - Light
Manufacturing.
PC Planned Community - Provides for Development
of Land, including various types of land uses
as coordinated comprehensive projects.
0 -S Open Space District.
U District Not Precisely Zoned - Any Use of
Land Requires Use Permit.
DISTRICTS
R -A
Single - Family;
Light Farming.
R -1
Single - Family.
R -1.5
Single - Family
Dwellings
or Duplexes.
R -2
Single - Family
Dwellings
or One Duplex.
R -3
Single- Family,
Duplexes
and Multiple Dwellings.
R -4
Single - Family
Dwellings,
Duplexes, Apartments,
Hotels, Motels.
A -P Professional Offices, Art Galleries, etc.
C -N Professional Offices, Retail Stores,
Neighborhood Commercial, etc.
C -R Retail or Personal Service Establishments,
residential uses in conjunction with permitted
commercial uses.
C -0 Multiple Residential, Hotel, Motel, Professional
Offices, and Retail Sales.
C -1 Professional Offices, Retail Stores (Light
Commercial), etc.
C -2 Professional Offices, Retail and Wholesale
Stores, etc.
M -1 Retail and Wholesale, Light Industrial.
M -1 -A Administrative and Professional - Light
Manufacturing.
PC Planned Community - Provides for Development
of Land, including various types of land uses
as coordinated comprehensive projects.
0 -S Open Space District.
U District Not Precisely Zoned - Any Use of
Land Requires Use Permit.
• CLASSIFICATION
B, B -1,
B -2, B -3
R
9
Pli�il
•
•
EXPLANATION
COMBINING DISTRICTS
Combining District for Residential Areas
Designating:
a.
Lot Area
b.
Lot Width
c.
Front yard
requirements
d.
Rear yard
requirements
e.
Side yard
requirements
f.
Maximum lot
coverage
Combining District for Commercial Areas
Designating Parking Requirements
Combining District - Less Restrictive
Designating Parking Requirements
Planned Residential Development - Completely
Planned, Large Scale, Residential Environment
Permitted in Any "R" District
•
•
PART I: GENERAL PROVISIONS
Chapters:
20.01 Purpose of Title - Districts Designated
20.02 Height Limits
•
•
P U R P O S E
D I S T R I C T S
O F T I T L E -
0 E S I G N A T E 0
Chapter 20.01
PURPOSE OF TITLE - DISTRICTS DESIGNATED
Sections:
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 .050
20.01 .055
20.01 .060
20.01 .065
20.01 .070
20.01 .075
20.01 .010
and cited as the
(1949 Code § 9112
Page 1
PURPOSE OF TITLE -
DISTRICTS DESIGNATED
Chapter 20.01
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.
Map Adopted by Reference.
Right -of -Way Boundaries.
Mapped Streets.
Mapped Streets - Exclusions.
Specific Plan Areas - Site Plan Review
Required.
Use Permit Required - Specific Plan Areas.
SHORT TITLE. This Title shall be known
Zoning Law of the City of Newport Beach.
.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
added by Ord. 635; December 12, 1950).
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 buildings and the height and bulk
of buildings are regulated. (1949 Code § 9101.1 added by
Ord. 635; December 12, 1950).
J
1
Page 2
PURPOSE OF TITLE -
DISTRICTS DESIGNAI
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 land be
used for any purpose, other than as permitted by and in
conformance with this Code and all other Ordinances, laws
and maps referred to therein. (1949 Code § 9101.2 added
by Ord. 635; December 12, 1950).
20.01.030 EFFECT AND INTENT OF TITLE. When inter-
preting and applying the provisions of this Title, it shall
be held to represent the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience
and general welfare. It is not intended by the adoption of
this Title to repeal or in any way to impair or interfere with
any existing provision of law of the City of Newport Beach,
or any rules, regulations or permits previously adopted or
issued or which shall be adopted or issued pursuant to law
relating to the erection, construction, establishment, moving,
alteration or enlargement of any legal building or improvement;
nor is it intended by this Title to interfere with or annul
any easement, covenant, or other agreement between parties;
provided, however, that in cases in which this Title imposes
greater restrictions than are imposed or required by other
easements, covenants or agreements, than in such cases the
provisions of this Title shall control. (1949 Code 4 9109.5
added by Ord. 952; March 27, 1961).
20.01.035 PERMIT OR LICENSE PROVISIONS NOT AFFECTED.
Nothing herein contained shall be deemed to repeal or amend
any ordinance of the City requiring a permit or license or
both to cover any business, trade or occupation. (1949 Code
§ 9110.1 added by Ord. 635; December 12, 1950).
20.01.040 DISTRICTS DESIGNATED. The several general
districts established are as follows:
Agricultural - Residential District or R -A District.
Single - Family Residential District or R -i District.
R -1.5 District.
Duplex Residential District or R -2 District.
Restricted Multiple - Family Residential District or R -3
District.
Multiple Residential District or R -4 District.
Administrative and Professional District or A -P District.
Neighborhood Commercial District or C -N District.
Commercial Residential District or C -R District.
C -0 District.
Light Commercial or C -1 District.
General Commercial District or C -2 District.
Page 3
PURPOSE OF TITLE -
DISTRICTS DESIGNATED
• 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. 1248 § 1; May 13, 1968: prior 1949 Code § 9102.0 added
by Ord. 635 and amended by Ord. 984; December 11, 1961).
20.01.045 SPECIAL DISTRICTS DESIGNATED. In addition
to the general districts established above, the following special
districts are established which, when combined with the above
general districts, establish additional special regulations:
Combining or " -B" District.
Combining or " -H" District.
Combining or " -Z" District.
Planned Residential Development
(1949 Code § 9102.1 added by Ord. 635; December 12, 1950 as
amended by Ord. 984; December 11, 1961).
•
20.01.050 MAP ADOPTED BY REFERENCE. The designations,
locations and boundaries of the districts established are
delineated upon the maps entitled "Districting Map for the
City of Newport Beach, California," dated November 27, 1950,
which maps and any additional maps subsequently adopted and
all notations and information thereon are hereby made a part
of this Title by reference. (1949 Code § 9102.2 added by
Ord. 635; December 12, 1950 as amended by Ord. 845; April 14,
1958).
20.01.055 RIGHT -OF -WAY BOUNDARIES. Any district
adjoining any right -of -way extends to the center of such
right -of -way. (1949 Code § 9102.3 added by Ord. 901; December
28, 1959).
C
Page 4
PURPOSE OF TITLE
DISTRICTS DESIGNAI
Chapter 20.01
20.01.060 MAPPED STREETS.
A. DEFINITIONS. For the purpose of this section the follow-
ing terms, phrases, words and their derivations shall have
the primary meanings given herein:
(1) "Applicant" shall mean any person applying for a
building permit within this City.
(2) "Building line" shall mean that certain line
established by the City Council as herein provided.
Within the area of a lot between such building line
and an abutting street right -of -way, no structure
shall be erected, constructed or maintained except
as set forth herein.
(3) "Building setback area" shall mean the area of a
lot between the building line and abutting street
right -of -way, extending the full width of such lot.
(4) "Gender." Any gender includes the other gender.
(5) "General plan" shall mean a general plan or
precise plan approved by the City Council in
accordance with applicable state law.
(6) "Lot" shall mean any lot, parcel or other real
property situated within the City.
(7) "Mapped street" shall mean a future street which
is laid out and delineated on the General Plan
of the City, and on a map of such size, scale
and detail that the precise alignment of such
street is ascertainable, and shall mean any local,
secondary, primary, or major street, whether
existing or proposed, shown on map entitled
"Master Plan, City of Newport Beach, California,
Street and Highway," adopted by City Council
Resolution No. 5224 on April 25, 1960, and all
amendments thereto heretofore adopted.
(8) "Notice of appeal" shall mean a written statement
filed on a prescribed form, appealing to the City
Council an action or decision of the Planning
Commission hereunder.
(9) "Written Notice" shall mean a notice in writing,
deposited in the United States mail, postage pre-
paid, addressed to the last known address of the
designated addressee.
Page 5
PURPOSE OF TITLE -
DISTRICTS DESIGNATE
• Chapter 20.01
(10) "Owner" shall mean any person entitled to the
use or possession of real property.
(11) "Person" shall mean any individual, firm, part-
nership, association, corporation, company or
organization of any kind, including public agencies.
(12) "Shall" and "may" mean mandatory and permissive,
respectively.
(13) "Singular" and "plural." The singular includes
the plural and the plural includes the singular.
(14) "Street" shall mean any street, highway, avenue,
boulevard, road, alley, right -of -way, lane, place,
square, walk or other public way which heretofore
has been, or may hereafter, be dedicated or other-
wise acquired by this city or other governmental
agency for public street purposes.
(15) "Structure" and "building" are synonymous and
• shall mean anything constructed or erected from
an assembly of materials or component parts and
which is attached or affixed to realty or which
is intended to rest other than temporarily there-
upon, or which is attached to something having a
fixed location on or below the ground.
(16) "Tenses." The present tense includes the past
and future tenses, and where applicable vice versa.
B. BUILDING LINES. Where a lot abuts a public street, a
building line is hereby established on said lot parallel to
the front lot line thereof and located, measured from the
existing center of said street, a distance equal to the
required depth of the front yard of said lot (as prescribed
by the zoning ordinance), plus a distance equal to 1/2 of
the ultimate width of said abutting street as such ultimate
width is shown on the General Plan.
C. PROTECTION OF RIGHTS -OF -WAY FOR FUTURE WIDENING OF
EXISTING STREETS AND FOR MAPPED STREETS.
(1) Establishment of future streets. In accordance
with applicable provisions of state law, the City
Council may designate and delineate mapped streets
and make the same as part of the General Plan.
. When any such mapped street has been so established,
no person shall construct, install or maintain any
structure within the right -of -way thereof, except
as hereinafter specifically provided.
Page 6
PURPOSE OF
• DISTRICTS
Chapter 20
(2) Building lines on partiall_y dedicated streets.
Where a lot or lots abut a street or streets upon
which there has been a previous determination by
the Planning Commission and City Council that
only a portion of the ultimate street width has
been acquired, the City Council shall determine
the precise ultimate street width and shall adopt
the same as a mapped street on the General Plan,
and thereafter such alignment shall be the basis
for the establishment of a building line, as
provided in Section 20.01.060 B hereof.
TITLE -
DESIGNATED
.O1
(3) Amendment of the General Plan. Proceedings to
amend the General Plan by the designation of mapped
streets for proposed widenings along any existing
street or portion thereof or for any future street
may be initiated by the Planning Commission, by
the City Council, or by any person filing a petition
therefor with the Planning Commission. The Planning
Commission shall thereupon process the matter as an
amendment to the General Plan.
• Upon receiving such a recommendation of the Planning
Commission and whenever the public peace, health,
safety, interest or welfare is found to so require,
the City Council may establish the proposed width of
such street or streets, and the alignment of such
future streets, and thereupon shall cause the General
Plan to be amended accordingly as provided by state
law.
D. BUILDING PERMITS; RESTRICTIONS. No building permit shall
be issued for the construction of any structure in any build-
ing setback area, or in the right -of -way of any mapped street.
Temporary structures such as walls, fences, signs or other
easily removable structures, involving a cost of not to exceed
One Thousand Dollars ($1,000), may be permitted in such area
with the approval of the Community Development Director.
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 hear-
is ing at which the applicant and other interested
persons shall be given the opportunity to be heard.
At least ten (10) days prior to the date fixed for
the hearing, the Planning Commission shall cause
notice of the time and place thereof to be mailed
Page 7
PURPOSE OF TITLE -
DISTRICTS DESIGNATED
• Chapter 20.01
by certified mail to the applicant and to any other
person requesting such notice.
The Planning Commission shall direct the issu-
ance of the requested building permit if it
finds either of the following facts to be true:
That the denial of the building permit, because
of the nature of the land or other unique circum-
stances, will cause substantial damage to the
applicant; or that, in balancing the interest
of the public in preserving the integrity of
mapped streets against the private interest of
the owner of the land in using his property,
it is determined that the issuance of the
building permit is required in the interests
of justice and equity.
b. The Planning Commission shall not direct the
issuance of the requested building permit if
it finds either of the following facts to be
true: That the applicant will not be sub-
stantially damaged by relocating the proposed
• structure on the lot elsewhere than in the
building setback area or in the mapped street;
or that, in balancing the interest of the
public in preserving the integrity of mapped
streets against the private interest of the
owner of the land in using his property, the
resulting loss and disadvantage to the public
would be unreasonable and disproportionate to
the private benefits the owner would accrue
from so using the property.
C. The Planning Commission may attach reasonable
conditions to its decision.
d. The applicant shall be given written notice
of the action taken by the Planning Commission.
(2) Appeals. Any person dissatisfied with the decision
of the Planning Commission may appeal such decision
to the City Council by filing a written notice of
appeal with the City Clerk within twenty -one (21)
days after the date of the mailing of the notice
of the decision of the Planning Commission. The
City Council shall set the matter before it within
thirty (30) days; and shall, at least ten (10) days
prior to the date fixed for the hearing, cause
written notice of the time and place thereof to be
given to the appellant, the applicant and to any
other person requesting the same. The procedure
before the City Council shall be the same as for
the Planning Commission, and the applicant and
Page 8
PURPOSE OF TITLE -
• DISTRICTS DESIGNATEI
Chapter 20.01
appellant shall be notified of the decision of the
City Council.
F. ACQUISITION. 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 after the date of the mail-
ing of the notice of the decision of the City Council,
demand that the City acquire, by eminent domain or other
available proceeding, the land belonging to the applicant
and located within the right -of -way of the mapped street.
Upon failure of the City Council, within six (6) months
thereafter, to commence such acquisition proceedings, or
thereafter with reasonable diligence to prosecute the same
to completion, the applicant may reapply for such building
permit and thereupon such building permit shall be issued.
The provisions of subsections E and F above shall not apply
where the dedication of the building setback area or right -
of -way of any mapped street has been required as a condition
of approval of a subdivision or use permit.
• G. EXISTING STRUCTURES; RETROACTIVITY. Structures existing
on building setback areas and in mapped streets on the
effective date of this section shall be deemed to be legal
nonconforming structures, subject to the regulations,
limitations, abatement and amortization provided in the
Zoning Law.
H. COMPLIANCE WITH OTHER LAW. This section shall not permit
the construction, erection, placing or maintenance of any
structure at any place where the same is prohibited by any
other law, regulation or ordinance.
I. The provisions of this section shall not apply to the
installation of underground public utility facilities except
to the extent that the location of such facilities shall be
approved by written permit from the City Engineer. (Ord.
1415 § 2, 1971: Ord. 1176 § 3, 1966: Ord. 932, 1960: 1949
Code § 9105.9(b)).
20.01.065 MAPPED STREETS - EXCLUSIONS. The herein-
after described portions of mapped streets as shown on that
map entitled "Master Plan, City of Newport Beach, California,
Street and Highway," adopted by City Council Resolution No.
5224, shall be excluded from the provisions of Section 20.01.060
unless hereafter so designated as mapped streets as provided
herein:
• (a) Balboa Boulevard between 45th and 32nd Streets.
(b) Balboa Boulevard between Alvarado Street and 6th Street.
(c) Newport Boulevard between 30th Street and McFadden
Place.
Page 9
PURPOSE OF TITLE -
DISTRICTS DESIGNATED
• Chapter 20.01
(d) Irvine Avenue between 16th Street and Cliff Drive.
(e) Marguerite Avenue between 5th Avenue and Ocean
Boulevard.
(Ord. 1176 § 4, 1966: Ord. 932, 1960: 1949 Code § 9105.9(c)).
20.01.070 SPECIFIC AREA PLAN AREAS - SITE PLAN REVIEW
REQUIRED.
A. PURPOSE. The City Council finds that developments in areas
designated for Specific Area Plans for which a Specific Area
Plan has not been adopted, may conflict with the existing or
contemplated character of said district, thereby precluding the
implementation of the General Plan policies and objectives. The
effect of this Section is to require Site Plan Review by the
Planning Commission for any proposed development, except as
provided in Sub - section C, within areas designated by the
General Plan for the development of Specific Area Plans to
insure that the project conforms to the objectives of the
General Plan.
B. GENERALLY. The City Council finds, determines and declares
• that the establishment of the Site Plan Review procedures
contained in this Section are necessary to preserve and promote
the health, safety, and general welfare of the community by
achieving the following purposes.
(1) To assure that development of properties in Specific
Area Plan areas will not preclude attainment of the
General Plan objectives and policies.
(2) To protect and preserve the value of properties and to
encourage high quality development thereof in Specific
Area Plan Areas where adverse effects will result from
inadequate and poorly planned landscaping and from
failure to preserve where feasible natural landscape
features, open spaces, and the like, and will result
in the impairment of the benefits of occupancy and use
of existing properties in such area.
(3) To ensure that the public benefits derived from
expenditures of public funds for improvement and
beautification of streets and public facilities within
Specific Area Plan areas shall be protected by the
exercise of reasonable controls over the layout and
site location characteristics of private buildings,
structures and open spaces.
• (4) To promote the maintenance of superior site location
characteristics adjoining certain thoroughfares of
city -wide importance to ensure that the community
benefits from the natural terrain, harbor and ocean,
and to preserve and stabilize the grounds adjoining
J
Page 10
PURPOSE OF TITLE -
DISTRICTS DESIGNATEI
Chapter 20.01
said thoroughfares, and to preserve and protect the
property values in said areas.
C. APPLICATION. Sit
prior to the issuance
to be constructed, or
remodeled to increase
square feet whichever
land use plan of the
Specific Area Plan, f
been adopted.
e Plan Review approval shall be obtained
of a Building Permit for any new building
existing building to be reconstructed or
the gross floor area by 50% or 2,500
is less, within an area designated on the
General Plan for the development of a
or which a Specific Area Plan has not
D. PLANS AND DIAGRAMS TO BE SUBMITTED. The following plans and
diagrams shall be submitted to the Planning Commission for
approval:
(1) A plot plan, drawn to scale, showing the arrangement
of buildings, driveways, pedestrian ways, off - street
parking and off - street loading areas, landscaped
areas, signs, fences and walks. The plot plan shall
show the location of entrances and exits, and the
direction of traffic flow into and out of off - street
parking and loading areas, the location of each parking
space and loading space, and areas for turning and
maneuvering vehicles. The plot plan shall indicate
how utility services and drainage are to be provided.
(2) A landscape plan, drawn to scale, showing the locations
of existing trees proposed to be removed and proposed
to be retained; and indicating the amount, type, and
location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
(3) Grading plans when necessary to ensure development
properly related to the site and to surrounding pro-
perties and structures.
(4) Scale drawings of exterior lighting showing size, loca-
tion, materials, intensity and relationship to adjacent
streets and properties.
(5) Architectural drawings, renderings or sketches, drawn
to scale, showing all elevations of the proposed build-
ings and structures as they will appear upon completion.
(6) Any other plans, diagrams, drawings or additional
information necessary to adequately consider the
proposed development and to determine compliance with
the purposes of this chapter.
E. FEE. The applicant shall pay a fee of $50.00 to the City
with each application for Site Plan Review under this chapter.
Page 11
PURPOSE OF TITLE -
DISTRICTS DESIGNATED
Chapter 20.01
•
F. STANDARDS. In addition to the general purposes set forth
in Sub- section 8, in order to carry out the purposes of this
chapter as established by said section, the site plan review
procedures established by this Section shall be applied according
to and in compliance with the following standards, when applicable:
(1) To ensure that sites subject to Site Plan Review under
the provisions of this chapter are graded and developed
with due regard for the aesthetic qualities of the
natural terrain, harbor, and landscape, and that trees
and shrubs are not indiscriminately destroyed;
(2) To ensure that buildings, structures and signs are
properly related to their sites and are in keeping with
the character of the neighborhood and surrounding sites
and are not detrimental to the orderly and harmonious
development of their surroundings and of the City;
(3) To ensure that open spaces, parking areas, pedestrian
walks, illumination and landscaping (including sufficient
irrigation facilities) are adequately related to the
site and are arranged to achieve a safe, efficient and
harmonious development, to accomplish the objectives
• as set forth in this Chapter;
(4) To ensure that sites are developed to achieve a harmon-
ious relationship with existing and proposed adjoining
developments;
(5) To ensure, when feasible, effective concealment of
electrical and similar mechanical equipment and trash
and storage areas;
(6) The Site Plan Review process shall endeavor to ensure
that proposed improvements will not impair the desir-
ability of investment or occupancy nearby; and origin-
ality in site planning and landscaping shall not be
suppressed;
(7) To ensure that the site plan and layout of the buildings,
parking areas, pedestrian and vehicular access ways, and
other site features gives proper consideration to the
functional aspects of the site development;
(8) To ensure that the proposed development is in keeping
with the desired character of the Specific Area Plan
area as identified by the General Plan;
• (9) To ensure that the proposed development is consistent
with the General Plan policies; and
(10) To ensure that the proposed development will not preclude
the attainment of the Specific Area Plan objectives
stated in the Land Use Element of the General Plan.
Page 12
PURPOSE OF
DISTRICTS D ESIGNATED
Chapter 20.01
• G. ACTION BY THE PLANNING COMMISSION. If all applicable standards
established by this Section are met, the Planning Commission shall
approve the development. Conditions may be applied when the pro-
posed development does not comply with applicable standards and
shall be such as to bring said development into conformity. If
the development is disapproved, the Commission shall specify the
standard or standards that are not met. Failure of the Commis-
sion to act within thirty (30) days from the date the drawings
are submitted shall be deemed an approval of the plans and
diagrams unless the applicant consents to an extension of time.
A Site Plan Review decision of the Planning Commission shall be
subject to review by the City Council either by appeal, or upon
its own motion, or upon the request of the Commission. The
action of the Commission on any Site Plan Review shall be final
and effective twenty -one (21) days following the Commission
action thereon unless, within the twenty -one (21) day appeal
period an appeal in writing has been filed by the applicant,
the Commission has requested a review of its decision, or
unless the City Council, not more than twenty -one (21) days after
the Commission action, on its own motion, elects to review and
act on the action of the Commission, unless the applicant con-
sents to an extension of time. The City Council may affirm,
• reverse or modify the decision. Such action by the City Council
shall be final.
H. APPEAL TO THE CITY COUNCIL. Any Site Plan Review decision
of the Commission may be appealed to the City Council by the
applicant at any time within twenty -one (21) days after the date
of the Commission decision. An appeal to the City Council shall
be taken by filing a letter of appeal in duplicate, with the
Department of Community Development. Such letter shall set forth
the grounds upon which the appeal is based.
I. ACTION BY THE CITY COUNCIL. An appeal shall be heard and
acted on by the City Council within thirty (30) days after the
Commission action, unless the applicant consents to an extension
of time. The City Council may affirm, reverse or modify the
decision of the Commission. Such action by the City Council
shall be final.
J. LAPSE OF SITE PLAN REVIEW APPROVAL. Site Plan Review approval
shall lapse and shall be void one year following the date upon
which the plans and diagrams were approved, as provided in this
Section, unless prior to the expiration of said one (1) year
period a building permit is issued and subsequently construction
is diligently pursued until completion, or unless an extension
of time is granted by either the Commission or City Council,
• whichever took the final action. (Ord. 1640 4 1, 1975)
Page 13
PURPOSE OF TITLE -
DISTRICTS DESIGNATED
Chapter 20.01
20.01.075 USE PERMIT REQUIRED - SPECIFIC PLAN AREAS.
A. PURPOSE. The City Council finds that development of office
buildings exceeding 5,000 square feet in floor area in areas
designated for Specific Area Plans for which a Specific Area
Plan has not been adopted may conflict with the existing or
contemplated character, appearance, use or design of said
district, thereby precluding the implementation of the General
Plan policies and objectives. The effect of this Section is to
require use permits for any proposed office building with a
gross floor area exceeding 5,000 square feet in said areas to
insure that the project conforms to the objectives of the
General Plan.
B. USE PERMIT REQUIRED. A Use Permit shall be obtained prior
to the issuance of a Building Permit for any new office building
exceeding 5,000 square feet gross floor area within an area
designated on the land use plan of the General Plan for the
development of a Specific Area Plan, for which a Specific Area
Plan has not been adopted.
C. CRITERIA FOR USE PERMIT. In addition to the provision of
Chapter 20.80 of this Code, in granting a Use Permit under this
is Section, the Planning Commission, or City Council, if the matter
is to be determined by the City Council shall find that:
(1) The proposed office building is in keeping with the
desired character of the specific plan area as identified
by the General Plan;
(2) The proposed building is consistent with the General
Plan policies; and
(3) The proposed use will not preclude the attainment of
the Specific Area Plan objectives stated in the Land
Use Element of the General Plan. (Ord. 1640 § 2, 1975)
•
H E I G H T L I M I T S
Chapter 20.02
HEIGHT LIMITS
Sections:
Page 14
HEIGHT LIMITS
Chapter 20.02
20.02.010 Intent and Purpose.
20.02,020 Effect of Chapter.
20.02.030 Height Limitation Zones.
20.02.035 Planned Community Districts.
20.02.040 Planning Commission or City Council Review.
20.02.050 Existing Structures and Permits.
20.02.060 Structural Appurtenances.
20.02.070 Fences, Walls, Plantings.
20.02,080 Church Exception.
' 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 design flexibility with City
review.
These regulations shall be reviewed and revised as necessary
following the adoption of the General Plan. (Ord. 1454 § 4
(part), 1972).
20.02.020 EFFECT OF CHAPTER. All Sections of this
Title shall be subject to the provisions of this Chapter.
(Ord. 1454 § 4 (part), 1972).
20.02.030 HEIGHT LIMITATION ZONES. In addition to
the development standards established in the various districts
there shall be five (5) height limitation zones within the
City. The designations, locations, and boundaries of these
height limitation zones shall be as shown on the "Official
Height Limitation Zones Map ", incorporated herein and made a
part hereof by this reference. In each height limitation zone
' the maximum permitted height shall be measured in accordance
with the definitions contained in Chapter 20.87.
A. 24/28 FOOT HEIGHT LIMITATION ZONE. In the 24128 Foot
Height Limitation Zone the height limit for any structure
Page 15
HEIGHT LIMITS
Chapter 20.02
• 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 LIMITATION ZONE. In the 28/32 Foot
Height Limitation Zone the maximum height limit shall be
28 feet; provided, however, that structures may exceed 28
feet up to a maximum of 32 feet in an adopted Planned Com-
munity District, or after the adoption of a Specific Area
Plan, or after the approval of a Use Permit. This height
limitation zone shall apply to all R -3 and R -4 Districts.
C. 26/35 FOOT HEIGHT LIMITATION ZONE. In the 26/35 Foot
Height Limitation Zone the height limit shall be 26 feet;
provided, however, that a structure may exceed 26 feet up
to a maximum of 35 feet after the adoption of a Planned
Community District, or after the adoption of a Specific
Area Plan, or after the approval of a Use Permit. This
height limitation zone shall apply to all Zone Districts,
other than R -A, R -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:
Beginning at the intersection of the westerly city boundary
of Newport Beach and the centerline of West Coast Highway
as established per Annexation No. 66 of the City of Newport
Beach; thence northerly, easterly and southerly along the
city boundary of Newport Beach to the northerly line of
Annexation No. 25 of said city being the northerly line of
West Coast Highway; thence easterly along said northerly
line of West Coast Highway to the westerly line of Annexa-
tion No. 55; thence northerly along said westerly line to a
line parallel with and 250' northerly (measured at right angles)
from the centerline of West Coast Highway; thence easterly
along said parallel line to an intersection with the south-
westerly prolongation of the centerline of Santa Ana Avenue;
thence northeasterly along said prolongation and along the
centerline of Santa Ana Avenue to the centerline of Avon
Street; thence easterly along the centerline of Avon Street
to the centerline of Riverside Avenue; thence southwesterly
along the centerline of Riverside Avenue to the centerline
of Avon Street; thence easterly along the centerline of Avon
Street and along a line parallel with and 375' northerly
(measured at right angle) from the centerline of West Coast
Highway to an intersection with the northwesterly boundary
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 of the northerly
line of Lot 1, Tract No. 1125; thence easterly along said
prolongation and along said northerly line to the northwest-
erly line of Upper Newport Bay as established per Superior
Page 16
HEIGHT LIMITS
• Chapter 20.02
Court Case No. 20436; thence northerly and easterly along
said line of Upper Newport Bay to Sta. 65 per Superior Court
Case No. 20436; thence easterly to a natural contour line
having an elevation of 25.00 ft. above Mean Sea Level;
thence easterly along said contour line to Jamboree Road;
thence southerly along Jamboree Road to Eastbluff Drive;
thence southwesterly along Eastbluff Drive to Backbay Drive
as described in the deed recorded in Book 6901, page 207
of Official Records of Orange County; thence westerly along
said Backbay Drive; thence westerly and southerly along Back -
bay Drive as described in the deed recorded in Book 1037,
page 269 of Official Records of Orange County to the north-
westerly prolongation of the northerly line of Tract No.
6230; thence easterly along the northerly line of said Tract
to the most easterly corner of Lot 83 of said Tract; thence
southwesterly along the southeasterly line of said Lot 83
to the centerline of Vista Del Playa; thence southerly
along Vista Del Playa to the centerline of Vista Del Oro;
thence in a southerly direction along the centerline of
Vista Del Oro to the westerly boundary of Tract No. 5877;
thence southerly and easterly along the boundary of said
Tract 5877 and easterly along the southerly boundary of Tract
• No. 5425 to Jamboree Road; thence southerly along Jamboree
Road to the northerly line of Tract No. 6947; thence westerly
along said northerly line and its westerly prolongation to
the last said Backbay Drive; thence southerly along Backbay
Drive to the northerly line of Parcel 2 per map recorded
in Book 17, page 3 of Parcel Maps; thence easterly along
said northerly line of Parcel 2 to the northwesterly line
of Jamboree Road; thence southwesterly along said north-
westerly line of Jamboree Road to the centerline of Backbay
Drive; thence northwesterly along said centerlfne to a line
parallel with and 100.00' northwesterly (measured at right
angles) from the northwesterly line of Jamboree Road; thence
southwesterly 700.00' along said parallel line; thence
westerly in a direct line to a point on a line 150.00 feet
south of Sta. 19 as established per Superior Court Case
No. 20436, said line being parallel with the centerline
of East Coast Highway; thence westerly along said parallel
line to a natural contour line having an elevation of 25
feet above Mean Sea Level; thence westerly and southerly
along said contour line having an elevation of 25.00 feet
above Mean Sea Level to the centerline of East Coast Highway;
thence continuing southerly and easterly along said contour
line to the centerline of Jamboree Road; thence southerly
and easterly along the centerline of Jamboree Road to the
centerline of Bayside Drive; thence southeasterly along the
• centerline of Bayside Drive to the centerline of Bayside
Place; thence southwesterly along the centerline of Bayside
Place to a natural contour line having an elevation of 25.00
feet above Mean Sea Level; thence southerly and easterly along
said contour line to the southerly boundary line of Tract No.
1116; thence southerly along said boundary line of Tract No.
Page 17
HEIGHT LIMITS
Chapter 20.02
• 1116 and along the southerly boundary line of Tract No. 3357
to the easterly city boundary of Newport Beach, as established
per Annexation No. 68; thence southwesterly, westerly and
northeasterly along the city boundary of Newport Beach to
the Point of Beginning.
D. 32/50 FOOT HEIGHT LIMITATION ZONE. In the 32/50 Foot
Height Limitation Zone the height limit for any structure
shall be 32 feet; provided, however, that a structure may
exceed 32 feet up to a maximum of 50 feet after the adoption
of a Planned Community District, or after the adoption of a
Specific Area Plan, or after the approval of a Use Permit.
This height limitation zone shall apply to all Zone Districts
other than R -A, R -1, R -1.5, R -2, R -3 and R -4 which have
boundaries not falling within the area above described as the
Shoreline Height Limitation Zone, or within the High -Rise
Height Limitation Zone.
E. HIGH RISE HEIGHT LIMITATION ZONE. In the High Rise Height
Limitation Zone the height limit for any structure shall not
exceed 375 feet. (Ord. 1493 § 1, 1973: Prior Ord. 1454 § 4,
1972).
20.02.035 PLANNED COMMUNITY DISTRICTS. In each
• Planned Community District established subsequent to the
adoption of Chapter 20.02, the height limits shall be established
as part of the Planned Community Development Plan; provided,
however, that in no event shall the development exceed the
height limits permitted in the height limitation zones as set
forth under Section 20.02.030 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 any zone shall find that each of the following
four points have been complied with:
(a) The increased building height would result in more
Public visual open space and views than is required
by the basic height limit in any zone. Particular
attention shall be given to the location of the struc-
ture on the lot, the percentage of ground cover, and
• the treatment of all setback and open areas.
(b) The increased building height would result in a more
desirable architectural treatment of the building and
a stronger and more appealing visual character of the
area than is required by the basic height limit in
any zone.
Page lg
HEIGHT LIMITS
Chapter 20.02
• (c) The increased building height would not result in
undesirable or abrupt scale relationships being
created between the structure and existing develop-
ments or public spaces. Particular attention shall
be given to the total bulk of the structure includ-
ing both horizontal and vertical dimensions.
(d) The structure shall have no more floor area than
could have been achieved without the Use Permit.
(Ord. 1454 § 4 (part), 1972).
20.02.050 EXISTING STRUCTURES AND PERMITS.
A. Structures which were in existence or under construction
on the effective date of this ordinance, and which do not
conform to these regulations may be continued or altered;
provided, that the changes do not result in a greater non-
conformity than was existing.
B• Structures for which building permits have been issued
or for which use permits have been issued, on the effective
date of this ordinance, and which do not conform to these
regulations, may be constructed according to the approved
plans.
• C. 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, that
a Use Permit shall be required for any structure which exceeds
the height limits established by this Chapter.
D. The use permit application fee shall be waived for any
single family home in the R -1 District which is replacing a
structure which was in existence on the effective date of
this Chapter. (Ord. 1454 9 4 (part), 1972).
20.02.060 STRUCTURAL APPURTENANCES. Chimneys, flag
poles, and vents shall be permitted in excess of height limits,
subject to the approval of the Planning Commission. (Ord. 1454
§ 4 (part), 1972).
20.02.070 FENCES, WALLS, PLANTINGS. No fence, wall,
hedge or screen planting of any kind shall hereafter be con-
structed or grown to exceed six feet in height within any
required side yard to the rear of the front line of any main
building or in any required rear yard nor to exceed three
feet in height in any required side yard between the front
property line and the required front setback line or in any
required front yard or within fifteen (15) feet of the corner
• of any intersecting street rights of way; provided, however,
that in cases where there is a difference of six (6) feet or
more in elevation between the building sites of abutting lots,
no fence, wall, hedge or screen planting shall hereafter be
constructed or grown in any yard area of the lower lot adjacent
to the lot line of the higher lot to a height in excess of
Page 19
HEIGHT LIMITS
Chapter 20.02
• three feet above the elevation of the building site of the
higher lot. Where lots or building sites are laid out or
planned to border a street and overlook a waterway, beach or
bluff, fences, when required as a protective device for a
swimming pool or when needed to protect against a hazardous
or unsafe condition existing because of topography, may be
permitted in excess of three (3) feet, but not to exceed five
(5) feet, in those front yards specified in Section 20.10.030
subject to first securing a use permit in each case.
The Planning Commission may by resolution, adopt such general
standards or conditions for its guidance as it deems necessary
to insure to the adjacent property owners the full use of their
land. (Ord. 1454 § 4 (part), 1972).
20.02.080 CHURCH EXCEPTION. Church structures used
for church purposes shall be exempt from the restrictions of
this Chapter, except that any such structure exceeding 35
feet in height shall require a use permit. (Ord. 1454 § 4
(part), 1972).
•
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Chapters:
20.10
20.11
20.12
20.13
20.14
20.15
20.16
20.17
20.18
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
Page 20
GENERAL CONTROLS
RESIDENTIAL
Chapter 20.10
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Chapter 20.10
GENERAL CONTROLS - RESIDENTIAL DISTRICTS
Sections:
20.10.010 Effect of Chapter.
20.10.015 Temporary Structures and Uses.
20.10.020 Uses Requiring Use Permit.
20.10.025 Extensions into Yards.
20.10.030 Accessory Buildings - Yards.
20.10.035 Swimming Pools - Yards - Equipment.
• 20.10.010 EFFECT OF CHAPTER. The general controls
contained in this Chapter shall apply to all developments in
Residential Districts.
20.10.015 TEMPORARY STRUCTURES AND USES. The Director
of Community Development may approve temporary signs and
temporary tract and sales offices for the first sale of struc-
tures 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.
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:
(a) Recreational establishments, including: circuses,
carnivals, amusement parks, fun zones, open air
theaters, race tracks, private recreation centers,
or other similar establishments.
(b) Parking lots. Public or no fee private parking
lots for automobiles may be permitted in any "R"
District adjacent to any "C" or "M" District subject
• to the securing of a Use Permit in each case.
(c) Institutions, cemeteries, public buildings, including:
churches, schools, hospitals, parks and playgrounds,
yacht clubs, cemeteries of 20 acres minimum,
mausoleums, crematories, public utilities, public
Page 21
GENERAL CONTROLS
RESIDENTIAL
• Chapter 20.10
and quasi - public buildings, senior citizen housing
facilities (where residency is limited to elderly
persons), and municipally- operated parking lots.
(d) Removal of earthen materials. No permit shall be
required for normal grading or landscaping on lots
of record.
(e) 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
district other than R -1 or R -2, no helicopter shall
land or take off and no heliport or helistop shall be
established unless a Use Permit shall first have
been secured for the establishment, maintenance, and
operation of such use.
The Director of Community Development 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 deter-
mines 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
apropPriate conditions to such approval. (1949 Code
5 3105.1(j) added by Ord. 635; Dec. 12, 1950; amended
by Ord. 1115, Jan. 25, 1965: Ord. 1127, May 10, 1965:
Ord. 1130, June 28, 1965).
(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 within any "R" District or closer than two
hundred feet to the boundary of any "R" District,
shall be lighted externally unless a use permit
shall first have been secured for the installation,
maintenance and operation of the lighting fixtures.
This provision shall not be construed so as to require
a use permit for lighting fixtures which are normally
incidental to the use of a residential structure.
(Ord. 1446; June 26, 1972).
20.10.025 EXTENSIONS INTO YARDS. A. ARCHITECTURAL
FEATURES. Architectural features such as cornices or eaves
may extend not exceeding 2;j feet into any required front or
rear yard setback; provided, however, that such architectural
features shall not project any closer than 2 feet from side
property line.
B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to
exceed 8 feet in width, constructed of incombustible material,
may encroach to a distance of 2 feet into any required front
Page 22
GENERAL CONTROLS
RESIDENTIAL
• Chapter 20.10
yard setback of 10 feet or more in any "R" District; provided,
that the fireplace and chimney must be located not less than
5 feet from any side yard setback line.
Fireplaces and chimneys not to exceed 9 feet in width, con-
structed of incombustible material, may encroach to a maximum
distance of 231 feet from any side yard setback line provided
that such encroachment must be at least 2 feet from any side
property line.
C. OPEN PORCHES AND LANDINGS. 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 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 6k
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.
Marquees, awnings or shades may project from the building into
the rear yard setback in any "R" District not to exceed 2�2 feet.
E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped
street has been established, required yards shall be measured
from said mapped street, and in no case shall the provisions
of this Title be construed as permitting any encroachment
upon any mapped street.
F. ABUTTING ALLEYS. In residential districts having alleys
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).
Alley Width Setback
15' or less 5'
15'1" to 19'11" 319"
20' or more 2'6"
• G. ENCROACHMENTS IN RESIDENTIAL REAR YARD SETBACKS ABUTTING
ALLEYS. In residential districts having alleys to the rear
of lots or building sites, a second -story projection will
be permitted to encroach into the setback stipulated in
Section 20.10.025 (F), subject to the following conditions:
r1
J
•
Page 23
GENERAL CONTROLS
RESIDENTIAL
Chapter 20.10
(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 of the building which encroaches into
the required rear yard setback shall have a minimum
ground clearance of 8'0 ".
(4) No encroachment will be permitted on lots having a
depth exceeding eighty -five feet.
(Ord. 1398 § 1; August 9, 1971: Ord. 1176 § 2; September 12,
1966: prior 1949 Code § 9105.4 (a -g) added by Ord. 635;
December 12, 1950 as amended by Ord. 1034; April 8, 1963).
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 at least
6 feet from any dwelling building existing or under construc-
tion on the same lot or any adjacent lot; provided, that in
any "R" District combined with any " -B" District the Planning
Commission may approve the location of the accessory building
on the front half of the lot and detached from the main
building without a variance, provided the location will not
be detrimental to adjoining property and further provided
that the Planning Commission approves of the elevation and
location of the accessory building.
A detached accessory building may be built to within 1 foot
of one of the side lot lines. Such accessory building shall
not be located within 5 feet of any alley or within 5 feet
of the sideline of any alley or within 5 feet of the sideline
of the front one -half of any adjacent lot, or, in the case of a
corner lot, shall not project beyond the front yard required or
existing on the adjacent lot. In the case of a lot abutting
on two or more streets, no building shall be erected closer to
the property line than the front yard setback established on
either street. In any case where the rears of lots normally
border streets and the fronts of the lots face a common walk-
way, the main structure and /or accessory buildings may be
constructed within 5 feet of the rear property line. In the
case of subdivisions where lots or building sites are laid
out or planned to border a street and overlook a waterway,
beach or bluff, the portion of such lots bordering the street
may be considered the rear yard for purposes of location,
construction or maintenance of main or accessory building,
provided, that all of the lots in a block conform to this
Page 24
GENERAL CONTROLS
RESIDENTIAL
Chapter 20.10
pattern. In all such cases, the required setback from the
street shall be a minimum of 5 feet and the normal front yard
requirements shall apply to the portion of such lots adjacent
to any waterway, beach or bluff, except that such front yards
may exceed the maximum of 35 feet permitted in residential
districts. (1949 Code 5 9105.4(h) added by Ord. 635; December
12, 1950 as amended by Ord. 1034; April 8, 1963).
20.10.035 SWIMMING POOLS - YAROS - 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 single family, duplex, multiple or apartment dwelling,
shall be at least 5 feet from any side or rear yard property
line and 10 feet from any front yard property line. No such
body of water shall be permitted in any required yard space
unless the enclosing fence required in Chapter 15.04 of this
Code is permitted under the provisions of Section 20.02.070.
Any pump, filter or heater installed to serve such body of
water shall be located not less than 5 feet from any side or
rear yard property line and in no event nearer than 10 feet
to any dwelling on adjoining properties. Any such pump,
' filter or heater shall not be considered an accessory building
so long as any required housing thereof does not exceed 6 feet
in height. Pumps may be operated only between the hours of
8 a.m, and 8 m. (1949 Code 5 9105.41 added by Ord. 924;
July 11, 19608.
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R E S I D E N T I A L D E V E L O P M E N T
— — — — — — — — — — — — — — — — — — — — — —
RI
Sections:
20.11 .010
20.11.020
20.11.030
20.11.040
Chapter 20.11
Page 25
RESIDENTIAL DEVELOP-
MENT STANDARDS
Chapter 20.11
S T A N D A R D S
:SIDENTIAL DEVELOPMENT STANDARDS
Effect of Chapter.
Building Height and Floor Area Limit.
Parking.
Open Space Options.
20.11.010 EFFECT OF CHAPTER. The residential
development standards contained in this Chapter shall apply
to all dwellings located in Residential Districts in Corona
del Mar, West Newport and the Balboa Peninsula as those areas
are more particularly described below. Dwellings in those
areas shall also be subject to all other provisions of this
Title. Where there is a conflict between this Chapter and
another provision of this Title, the provisions of this Chapter
shall be controlling.
A. The areas of Corona del Mar in which the provisions of
this Chapter shall be controlling are more particularly
described as follows:
That area commonly referred to as old Corona del Mar
generally bounded by Avocado Avenue, Pacific Coast Highway,
Fifth Avenue, the easterly boundary of the Corona del Mar
tract, the Pacific Ocean and the Harbor entrance; and more
specifically described as that area included in Annexation
N3 as described in Ordinance No. 252 of the City of
Newport Beach, approved on February 27, 1924.
B. The areas of West Newport and the Balboa Peninsula in which
the provisions of this Chapter shall be controlling are more
particularly described as follows:
That area commonly referred to as West Newport and the
Balboa Peninsula generally bounded by the Semeniuk Slough,
Pacific Coast Highway, the West Lido Channel, the Newport
Channel, the Main Channel, the Harbor Entrance, the Pacific
Ocean and the Santa Ana River, and more specifically
described as follows:
Beginning at the intersection of the westerly boundary of
the City of Newport Beach and the Mean High Tide Line of the
Pacific Ocean; thence proceeding northerly along said City
Page 26
RESIDENTIAL DEVELOP-
MENT STANDARDS
• Chapter 20.11
Boundary to the intersection of said Boundary with the
northerly right -of -way line of Pacific Coast Highway;
thence due East a distance of 1± foot to an intersection
with the City Boundary on the easterly side of that
certain one foot strip shown on Annex No. 21, Ordinance
No. 630, 10/31/1950; thence proceeding easterly, northerly,
easterly and southerly along said City Boundary to an
intersection with the northerly right -of -way line of
Pacific Coast Highway; thence proceeding southerly along
a perpendicular to said right -of -way line to the center-
line of Pacific Coast Highway; thence easterly along said
centerline to an intersection with the centerline of
Newport Boulevard; thence southerly along said centerline
of Newport Boulevard to an intersection with the southerly
Bulkhead of the Newport Island Channel, said point being
westerly of U. S. Bulkhead Station #126 on the U. S.
Bulkhead line; thence easterly to said U. S. Bulkhead
Station #126; thence continuing along the U. S. Bulkhead
Line to U. S. Bulkhead Station #114; thence northeasterly
in a straight line to U. S. Bulkhead Station #165; thence
northeasterly, easterly and southerly along the U. S.
• Bulkhead Line to U. S. Bulkhead Station #162; thence
southerly in a straight line to U. S. Bulkhead Station #113,
and thence proceeding along the U. S. Bulkhead to U. S.
Bulkhead Station #107; thence continuing southerly along
the prolongation of the U. S. Bulkhead Line to an inter-
section with the Mean High Tide Line; thence westerly and
northwesterly along said Mean High Tide Line to the point
of Beginning. (Ord. 1540 § 1 (part), 1974).
20.11.020 BUILDING HEIGHT AND FLOOR AREA LIMIT.
A. In the R -1 and R -2 Districts in the above -noted areas, the
total gross floor area, including basements, garages and carports,
but excluding decks, balconies or patios open on at least two
sides, contained in all buildings on a building site shall not
exceed two times the buildable area of the site. For dwellings,
the building height limit shall be 24/28 feet as specified in
Chapter 20.02. For accessory buildings, the building height
limit shall be fifteen feet.
B. In the R -3 and R -4 Districts in the above -noted areas, the
total gross floor area contained in all buildings on a building
site shall not exceed three times the buildable area of the
site; provided, however, that floor area devoted to parking within
a building or to decks, balconies or patios open on at least two
sides shall not be considered in determining the total floor area
allowed. The height limit in the R -3 District shall be 24/28 feet
• on the front one -half of the lot and 28/32 feet on the rear one -
half of the lot, except where in the opinion of the Planning
Commission differences in grade warrant individual considerations.
The height limit in the R -4 District shall be 28/32 feet as
specified in Chapter 20.02. (Ord. 1540 4 1 (part), 1974).
Page 27
RESIDENTIAL DEVELOP-
MENT STANDARDS
Chapter 20.11
•
20.11.030 PARKING. The parking requirements for the
above -noted areas shall be as follows:
A. In the R -1 District two spaces for any structure contain-
ing less than 2,000 square feet, exclusive of areas devoted to
parking or open space; three spaces for any structure containing
2,000 square feet or more, exclusive of areas devoted to parking
or open space.
B. In the R -2, R -3 and R -4 Districts three spaces for any
structure containing less than 2,400 square feet, exclusive of
areas devoted to parking or open space, plus one additional
space for each 600 square feet or portion thereof; provided,
however, that the standards contained in subsection A. above
shall apply to any single family dwelling in the R -2, R -3 or
R -4 Districts.
C. In addition to the above -noted parking standards the follow-
ing parking controls shall also apply:
1. For each dwelling unit there shall be a minimum of one
covered parking space.
is2. For each dwelling unit there shall be a minimum of one
independently accessible parking space.
3. Tandem parking up to a maximum of two cars in depth
shall be permitted.
4. Parking in one side yard shall be permitted; provided,
however, that structural encroachments shall not be
permitted.
5. Tandem parking and parking in a side yard shall not
both be permitted on the same lot. (Ord. 1540 § 1
(Part), 1974).
20.11.040 OPEN SPACE OPTION. In the R -1, R -2,
R -3 and R -4 Districts, in the above -noted areas, open space
shall be provided in addition to the required front yard
setback. This additional open space shall be a volume of
space equal to the buildable width of the lot, times the
basic height limit, times six feet. On an interior lot, this
space shall be provided in the first twelve feet behind the
required front yard setback. On a corner lot, this space
may be distributed between the first twelve feet behind the
required front yard setback and the first twelve feet behind
• the required exterior side yard setback. In the case of a
lot fronting on permanent open space, such as the ocean or
the bay, this space may be distributed anywhere behind the
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Page 28
RESIDENTIAL DEVELOP-
MENT STANDARDS
Chapter 20.11
required yard setback lines. Where a question arises as to
where the additional open space should be provided, such as
on a through lot or a lot with an unusual configuration, the
location of the open space shall be determined by the Director
of Community Development, following an investigation as to the
locations of existing structures on adjoining properties in
the neighborhood. This open space shall be open on at least
two sides and shall have a minimum dimension in any direction
of at least six feet and may be used for outdoor living area.
Roofs, balconies, decks, patios, cornices, and architectural
features may project into this area. This additional open
space may be provided on any level or combination of levels
and may extend across the entire front of the structure or any
portion thereof. (Ord. 1629 4 1, 1975: Ord. 1540 1 1 (part),
1974).
•
•
C
R- A D I S T R I C T
Chapter 20.12
R -A DISTRICT
Sections:
Page 29
R -A DISTRICT
Chapter 20.12
20.12.010 Effect of Chapter.
20.12.015 Uses Permitted.
20.12.020 Uses Requiring Use Permit.
20.12.025 Building Height Limit.
20.12.030 Site Area and Lot Width.
20.12.035 Site Area Coverage.
20.12.040 Yards.
20.12.045 Accessory Building Location.
20.12.050 Extensions Into Yards.
20.12.055 Accessory Buildings - Yards.
20.12.060 Swimming Pools - Yards - Equipment.
20.12.065 Changes in Yard Requirements.
20.12.075 Automobile Storage or Parking Space.
20.12.080 Parking Automobiles on Roofs.
20.12.010 EFFECT OF CHAPTER. The following regula-
tions shall apply in all R -A Districts, subject to the provi-
sions of Chapter 20.10.
20.12.015 USES PERMITTED. The following uses shall
be permitted in the R -A District:
(a) Single- family dwellings.
(b) Light farming, except commercial dairies, commercial
kennels, commercial rabbit, fox, goat or hog farms,
or commercial poultry ranches.
(c) Accessory uses normally incidental to a single
family dwelling or light farming. This is not to
be construed as permitting any commercial use.
(d) Temporary structures and uses. Regulations are as
specified in Section 20.10.015 of General Controls -
Residential Districts.
•
Page 30
R -A DISTRICT
Chapter 20.12
(e) One name or identification sign not exceeding 2
square feet in area and pertaining only to the
property, or the owner or occupant thereof, upon
which the sign is located.
(f) One unlighted sign, not exceeding 2 square feet
in area, to advertise the lease, rental or sale
of the property upon which it is located. Such
sign may show only the name, address and telephone
number of the owner, but shall not show the name,
address, telephone number, or any other descrip-
tion or identification of any person, firm or
corporation other than the owner of said property.
(g) In lieu of the sign mentioned in subsection (f)
above, one open house sign not exceeding 2 square
feet in area, which invites the general public to
inspect the premises for lease, rent or sale, shall
be permitted to be displayed, providing that at
the time said property is open for inspection and
the open house sign is displayed, the owner, his
tenant, or his agent is in attendance and present
on said property to display any such house or
• building thereon. Said open house sign shall only
be displayed on or from the property being leased,
rented or sold and shall not show the name, address,
telephone number, or any other description or identi-
fication of any person, firm or corporation other
than the owner of such property. (Ord. 1172 § 1;
August 8, 1966: prior 1949 Code §9103.01 added by
Ord. 635; December 12, 1950 and amended by 1158
§ 1; May 9, 1966).
20.12.020 USES REQUIRING USE PERMIT. The following
uses shall be permitted, subject to the securing of a Use Permit
in each case:
(a) Commercial nurseries.
(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 the General
Controls - Residential Districts.
20.12.025 BUILDING HEIGHT LIMIT. The building height
limit shall be as specified in Chapter 20.02. (Ord. 1454 § 5;
• September 11, 1972: prior 1949 Code § 9103.2 added by Ord. 635;
December 12, 1950).
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R -A DISTRICT
Chapter 20.12
20.12.030 SITE AREA AND LOT WIDTH. There shall be
a minimum building site area of 6,000 square feet and a minimum
lot width of 60 feet. In no case shall there be more than one
single - family dwelling on any one building site. 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.
20.12.035 SITE AREA COVERAGE. For aggregate building
coverage there shall be a maximum coverage of forty percent
(40 %) of building site area. (1949 Code § 9103.04 added by
Ord. 635; December 12, 1950).
20.12.040 YARDS. A. FRONT YARDS. The minimum
width required for front yards shall be 20 feet, except as
may be otherwise indicated on the Districting Maps.
B. SIDE YARDS. Each side yard shall be ten percent (10 %)
of the lot width, with a minimum of 3 feet and a maximum of
6 feet; provided, that the side yard on the rear one -half
of the street side of a corner lot, where there is reversed
frontage, shall not be less than the front yard required or
existent on the adjacent reversed frontage.
C. REAR YARDS. Each yard shall
with a minimum of 15 feet and a
4 9103.05 (a,b,c) added by Ord.
be 20 percent of the lot depth,
maximum of 25 feet. (1949 Code
635; December 12, 1950).
20.12.045 ACCESSORY BUILDING LOCATION. Accessory
buildings used for the keeping of chickens or other poultry
or rabbits or other animals shall be not less than 60 feet
from the front property line nor less than 20 feet from any
side or rear property line. (1949 Code § 9103.03 (d) added
by Ord. 635; December 12, 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 specified in 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 Plan-
is ning Commission may approve changes in the yard setback require-
ments applicable to any subdivision having five or more lots at
the time that it approves the final tract map for said subdivi-
sion. The applicant shall submit with his application an exact
•
Page 32
R -A DISTRICT
Chapter 20.12
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 according) . (1949 Code 9
9105.42, added by Ord. 1134; August 9, 1965 .
20.12.075 AUTOMOBILE PARKING OR STORAGE SPACE.
Accessible storage or parking space for the parking of auto-
mobiles off the street shall be provided in R -A Districts as
follows:
(a) Not less than two garage spaces for each single -
family dwelling.
(b) Not less than two garage spaces per family unit
in any residential "B" District.
Parking space required for other uses allowed in any "R"
District and not set forth above shall be determined by the
Planning Commission.
20.12.080 PARKING AUTOMOBILES ON ROOFS. Parking of
• automobiles on the roof of a building in any R -A District is
not permitted.
•
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•
R- 1 D I S T R I C T
Chapter 20.13
R -1 DISTRICT
Sections:
Page 33
R -1 DISTRICT
Chapter 20.13
20.13.010
Effect of Chapter.
20.13.015
Uses Permitted.
20.13.020
Uses Requiring Use Permit.
20.13.025
Building Height and Floor Area Limit.
20.13.030
Site Area and Lot Width.
20.13.035
Site Area Coverage.
20.13.040
Yards.
20.13.045
Extensions Into Yards.
20.13.050
Accessory Buildings - Yards.
20.13.055
Swimming Pools - Yards - Equipment.
20.13.060
Changes in Yard Requirements.
20.13.070
Automobile Storage or Parking Space.
20.13.075
Parking Automobiles on Roofs.
20.13.010 EFFECT OF CHAPTER. The following regulations
shall apply in all R -1 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, Residential Development Standards.
20.13.015 USES PERMITTED. The following uses shall
be permitted in the R -1 District:
(a) Single - family dwellings.
(b) Accessory uses normally incidental to single - family
dwellings. This is not to 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, equip-
ment or materials used in the conduct of any retail or
wholesale business.
(c) Temporary structures and uses. Regulations are as
specified in Section 20.10.015 of General Controls -
Residential Districts.
•
Page 34
R -1 DISTRICT
Chapter 20.13
(d) One name or identification sign not exceeding 2
square feet in area and pertaining only to the
property, or the owner or occupant thereof, upon
which the sign is located.
(e) One unlighted sign, not exceeding 2 square feet in
area, to advertise the lease, rental or sale of the
property upon which it is located. Such sign may
show only the name, address and telephone number of
the owner, but shall not show the name, address,
telephone number, or any other description or
identification of any person, firm or corporation
other than the owner of said property.
(f) In lieu of the sign mentioned in subsection (e)
above, one open house sign, not exceeding 2 square
feet in area, which invites the general public to
inspect the premises for lease, rent or sale,
shall be permitted to be displayed, provided that
at the time said property is open for inspection
and the open house sign is displayed, the owner,
his tenant, or his agent is in attendance and
• present on said property to display any such house
or building thereon. Said open house sign shall
only be displayed on or from the property being
leased, rented or sold and shall not show the name,
address, telephone number, or any other description
or identification of any person, firm or corporation
other than the owner of such property. (Ord. 1172
§ 2, August 8, 1966: prior 1949 Code § 9103.11 added
by Ord. 635; December 12, 1950 as amended by Ord.
845; April 14, 1958 and by Ord. 1158 § 2; May 9,
1966).
20.13.020 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 car-
ports contained in all buildings on a building site in an R -1
District shall not exceed two times the buildable area of the
site. No more than two livable stories shall be included
within a structure. For dwellings, the building height limit
shall be as specified in Chapter 20.02. For accessory build-
ings, the building height limit shall be 15 feet.
• For residential developments in those areas of the 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.
•
Page 35
R -1 DISTRICT
Chapter 20.13
20.13.030 SITE AREA AND LOT WIDTH. For each dwelling
there shall be a minimum of 5,000 square feet of area and a
minimum width of 50 feet on interior lots, a minimum of 6,000
square feet of area and minimum width of 60 feet on corner lots.
In no case shall there be more than one single - family dwelling
on any one building site. 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.
20.13.035 SITE AREA COVERAGE. The maximum building
site area permitted in the R -1 District shall be full coverage,
less required front, side and rear yards. (1949 § 9103.14
added by Ord. 635; December 12, 1950).
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 front property line.
For residential developments in those areas of the City known
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 40 feet wide or less, or 4 feet on lots
wider than 40 feet; provided, that the side yard on the rear
20 feet of the street side of a corner lot, where there is
reversed frontage, shall not be less than the front yard required
or existing on the adjacent reversed frontage.
C. REAR YARDS. The minimum width required for rear yards shall
be 10 feet. (1949 Code § 9103.15 added by Ord. 635; December 12,
1950 as amended by Ord. 845; April 14, 1958).
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 SWIMMING POOLS - YARDS - EQUIPMENT. Regula-
tions are as specified in Section 20.10.035 of General Controls -
Residential Districts.
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Page 36
R -1 DISTRICT
Chapter 20.13
20.13.060 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
9105.42, added by Ord. 1134; August 9, 1965).
20.13.070 AUTOMOBILE PARKING OR STORAGE SPACE.
Accessible storage or parking space for the parking of auto-
mobiles off the street shall be provided in R -1 Districts as
follows:
(a) Not less than two garage spaces for each single -
family dwelling.
(b) Not less than two garage spaces per family unit in
any residential "B" District.
Parking space required for
District and not set forth
Planning Commission.
other uses allowed in any R -1
above shall be determined by the
For residential developments in those areas of the City known
generally as West Newport, Balboa Peninsula, and Corona del Mar,
parking requirements are as specified in Section 20.11.030 of
Residential Development Standards.
20.13.075 PARKING AUTOMOBILES ON ROOFS. Parking of
automobiles on the roof of a building in any R -1 District is
not permitted.
E
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•
R- 1. 5 D I S T R I C T
Chapter 20.14
R -1.5 DISTRICT
Sections:
Page 37
R -1.5 DISTRICT
Chapter 20.14
20.14.010
Effect and Purpose of Chapter.
20.14.015
Uses Permitted.
20.14.020
Uses Requiring Use Permit.
20.14.025
Building Height and Floor Area Limit.
20.14.030
Site Area and Dwelling Area.
20.14.035
Buildable Area.
20.14.040
Yards.
20.14.045
Extensions Into Yards.
20.14.050
Accessory Buildings - Yards.
20.14.055
Swimming Pools - Yards - Equipment.
20.14.060
Changes in Yard Requirements.
20.14.070
Automobile Storage or Parking Space.
20.14.075
Parking Automobiles on Roofs.
20.14.010 EFFECT AND PURPOSE OF CHAPTER. The follow-
ing 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 - family units or duplexes with the total
gross floor area of all buildings limited to a maximum of 1.5
times the buildable area. (Ord. 1486 § 1, January 22, 1973:
Ord. 1451 § 1 (part), July 24, 1972).
20.14.015 USES PERMITTED. The following uses shall
be permitted in the R -1.5 District:
(a) One single - family dwelling.
(b) One duplex.
(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 retail or wholesale business.
(d) Temporary structures and uses. Regulations are as
specified in Section 20.10.015 of General Controls -
Residential Districts.
•
Page 38
R -1.5 DISTRICT
Chapter 20.14
(e) One name or identification sign not exceeding two
square feet in area and pertaining only to the
property, or the owner or occupant thereof, upon
which the sign is located.
(f) One unlighted sign, not exceeding two square feet
in area, to advertise the lease, rental or sale
of the property upon which it is located. Such
sign may show only the name, address and telephone
number of the owner, but shall not show the name,
address, telephone number, or any other description
or identification of any person, firm or corporation
other than the owner of said property.
(g) In lieu of the sign mentioned in subsection (f)
above, one open house sign not exceeding two
square feet in area, which invites the general
public to inspect the premises for lease, rent
or sale, shall be permitted to be displayed,
provided that at the time said property is open
for inspection and the open house sign is displayed,
the owner, his tenant, or his agent is in attend-
ance and present on said property to display any
such house or building thereon. Said open house
sign shall only be displayed on or from the property
being leased, rented or sold and shall not show
the name, address, telephone number, or any other
description or identification of any person, firm
or corporation other than the owner of such property.
(Ord. 1451 § 1 (part), July 24, 1972).
20.14.020 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.
20.14.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area, including basements, garages and carports,
contained in all buildings on a building site in an R -1.5 Dist-
rict shall not exceed 1.5 times the buildable area of the site.
No more than two livable stories shall be included within a
structure. For dwellings, the building height limit shall be
specified in Chapter 20.02. For accessory buildings, the
building height shall be fifteen (15) feet. (Ord. 1486 § 2,
January 22, 1973: Ord. 1451 § 1 (part), July 24, 1972; amended
by Ord. 1454 § 7, September 11, 1972).
• 20.14.030 SITE AREA AND DWELLING AREA. The minimum
building site area shall be five thousand (5,000) square feet.
On any building site of less than five thousand (5,000) square
feet which existed prior to the adoption of this ordinance, a
duplex may be constructed provided that there shall be not
less than one thousand (1,000) square feet of land area for
•
Page 39
R -1.5 DISTRICT
Chapter 20.14
each family unit. 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.
20.14.035 BUILDABLE AREA. The maximum building area
coverage permitted for aggregate buildings shall be full cover-
age, less required front, side and rear yards. The maximum
area of the building shall not exceed 1.5 times the buildable
area. (Ord. 1486 § 4, January 22, 1973: Ord. 1451 § 1 (part),
July 24, 1972).
20.14.040 YARDS. A. FRONT YARDS. The minimum
width required for front yards shall be twenty feet, with
a maximum of thirty -five feet permitted, except as may other-
wise be indicated on the districting maps. Distances shown
on districting maps are to be measured from the front lot
line.
B. SIDE YARDS. Each side yard shall not be less than three
feet wide on building site forty feet wide or less, or four
feet on lots wider than forty feet, provided that the side
yard on the rear twenty feet of the street side of a corner
lot, where there is reversed frontage, shall not be less than
the front yard required or existing on the adjacent reversed
frontage.
C. REAR YARDS. For rear yards, there shall be a minimum
requirement of ten feet.
D. BETWEEN DETACHED BUILDINGS. There shall be a minimum
of ten feet between detached buildings.
(Ord. 1451 § 1 (part), July 24, 1972).
20.14.045 EXTENSIONS INTO YARDS. Regulations are
as specified in Section 20.10.025 of General Controls - Residen-
tial Districts.
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.
20.14.060 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
I
Page 40
R -1.5 DISTRICT
Chapter 20.14
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 according) . (1949 Code §
9105.42, added by Ord. 1134; August 9, 1965.
20.14.070 AUTOMOBILE STORAGE OR PARKING SPACE.
Accessible storage or parking space for the parking of auto-
mobiles off the street shall be provided in the R -1.5 District
as follows:
(a) Not less than two garage spaces for each single -
family dwelling.
(b) Not less than one garage space for each family unit
in any duplex.
Parking space required for other uses allowed in the R -1.5
District and not set forth above shall be determined by the
Planning Commission.
20.14.075 PARKING AUTOMOBILES ON ROOFS. Parking of
automobiles on the roof of a building in any R -1.5 District
is not permitted.
Sections:
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
20.15.075
Page 41
R -2 DISTRICT
Chapter 20.15
R- 2 D I S T R I C T
Chapter 20.15
R -2 DISTRICT
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.
Accessory Buildings - Yards.
Swimming Pools - Yards - Equipment.
Changes in Yard Requirements.
Automobile Storage or Parking Space.
Parking Automobiles on Roofs.
20.15.010 EFFECT OF CHAPTER. The following regulations
shall apply in all R -2 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.
20.15.015 USES PERMITTED. The following uses shall
be permitted in the R -2 Districts:
(a) Single- family dwellings.
(b) Two detached single - family dwellings or one duplex.
(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 retail or wholesale business.
(d) Temporary structures and uses. Regulations are as
specified in Section 20.10.015 of General Controls -
Residential Districts.
Page 42
R -2 DISTRICT
Chapter 20.15
(e) One name or identification sign not exceeding 2
square feet in area and pertaining only to the
property, or the owner or occupant thereof, upon
which the sign is located.
(f) One unlighted sign, not exceeding 2 square feet in
area, to advertise the lease, rental or sale of the
property upon which it is located. Such sign may
show on'y the name, address and telephone number
of the owner, but shall not show the name, address,
telephone number, or any other description or
Identification of any person, firm or corporation
other than the owner of said property.
(g) In lieu of the sign mentioned in subsection (f)
above, one open house sign not exceeding 2 square
feet in area, which invites the general public to
inspect the premises for lease, rent or sale, shall
be permitted to be displayed, provided that at the time
said property is open for inspection and the open house
sign is displayed, the owner, his tenant, or his agent
is in attendance and present on said property to
' display any such house or building thereon. Said open
house sign shall only be displayed on or from the
property being leased, rented or sold and shall not
show the name, address, telephone number, or any
other description or identification of any person,
firm or corporation other than the owner of such
property. (Ord. 1172 § 3; August 8, 1966: prior
1949 Code § 9103.21 added by Ord. 635; December 12,
1950 as amended by Ord. 845; April 14, 1958 and by
Ord. 1158 § 3; May 9, 1966).
20.15.020 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.
20.15.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area, including basements, garages, and car-
ports contained in all buildings on a building site in an R -2
District shall not exceed two times the buildable area of the
site. No more than two livable stories shall be included
within a structure. For dwellings, the building height limit
shall be as specified in Chapter 20.02. For accessory buildings,
the building height limit shall be 15 feet.
' For residential developments in those areas of the 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.
Page 43
R -2 DISTRICT
Chapter 20.15
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 50
feet on interior lots, with a minimum of 6,000 square feet and
a minimum width of 60 feet on corner lots. In no case shall
there be more than two single - family dwellings or one duplex
on any one building site.
B. FAMILY UNIT IN ANY BUILDING. For each family unit in any
building, there shall be a minimum of 1,000 square feet of land
area.
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.
20.15.035 SITE AREA COVERAGE. The maximum building
site coverage permitted for aggregate buildings shall be full
coverage, less required front, side, and rear yards. (1949
Code § 9103.24 added by Ord. 635; December 12, 1950).
20.15.040 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 front property line.
For residential developments in those areas of the City known
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 not be less than 3 feet
wide on building site 40 feet wide or less, or 4 feet on lots
wider than 40 feet; provided, that the side yard on the rear
20 feet of the street side of a corner lot, where there is
reversed frontage, shall not be less than the front yard required
or existing on the adjacent reversed frontage.
C. REAR YARDS. For rear yards, there shall be minimum
requirement of 10 feet.
D. BETWEEN DETACHED BUILDINGS. Minimum 10 feet. (1949
Code § 9103.25 added by Ord. 635; December 12, 1950, as
amended by Ord. 845; April 14, 1958).
20.15.045 EXTENSIONS INTO YARDS. Regulations are as
• specified in Section 20.10.025 of General Controls - Residential
Districts.
20.15.050 ACCESSORY BUILDINGS - YARDS. Regulations
are as specified in Section 20.10.030 of General Controls -
Residential Districts.
•
r1
u
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Page 44
R -2 DISTRICT
Chapter 20.15
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 §
9105.42, added by Ord. 1134; August 9, 1965).
20.15.070 AUTOMOBILE STORAGE OR PARKING SPACE.
Accessible storage or parking space for the parking of auto-
mobiles off the street shall be provided in R -2 Districts as
follows:
(a) Not less than two garage spaces for each single -
family dwelling.
(b) Not less than one garage space for each family unit
in any duplex.
(c) Not less than two garage spaces per family unit in
any residential "B" District.
Parking space required for other uses allowed in any R -2 District
and not set forth above shall be determined by the Planning
Commission.
For residential developments in those areas of the City known
generally as West Newport, Balboa Peninsula, and Corona del Mar,
parking requirements are as specified in Section 20.11.030 of
Residential Development Standards.
20.15.075 PARKING AUTOMOBILES ON ROOFS. Parking of
automobiles on the roof of a building in any R -2 District is
not permitted.
is
Sections:
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
• 20.16.0
20.16.080 80
Page 45
R -3 DISTRICT
Chapter 20.16
R- 3 D I S T R I C T
Chapter 20.16
R -3 DISTRICT
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.
Swimming Pools - Yards - Equipment.
Changes in Yard Requirements.
Automobile Storage or Parking Space.
Parking Automobiles on Roofs.
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.
20.16.015 USES PERMITTED. The following uses shall
be permitted in the R -3 Districts.
(a) Single- family dwellings and duplexes.
(b) Multiple dwellings, apartment houses and dwelling
groups.
(c) Temporary structures and uses. Regulations are as
specified in Section 20.10.015 of General Controls -
Residential Districts.
(d) Name or identification signs, each not exceeding
2 square feet in area and pertaining only to the
• property or the owner or occupant thereof upon which
the sign is located.
Page 46
R -3 DISTRICT
Chapter 20.16
L J
(e)
Unlighted signs, not over 2 square feet in area,
to advertise the lease, rental or sale of the
property upon which they are located. Such signs
may show only the name address and telephone number
of the owner, but shall not show the name, address,
telephone number, or any other description or
identification of any person, firm or corporation
other than the owner of said property.
(f)
Open house signs, each not exceeding 2 square feet
in area, which invite the general public to inspect
the premises for lease, rent or sale, shall be
permitted to be displayed, provided that at the time
said property is open for inspection and the open
house signs are displayed, the owner, his tenant, or
his agent is in attendance and present on said pro-
perty to display any such house or building thereon.
Said open house signs shall only be displayed on or
from the property being leased, rented or sold and
shall not show the name, address, telephone number, or
any other description or identification of any person,
firm or corporation other than the owner of such
property. (Ord. 1172 § 4, August 8, 1966: prior
1949 Code § 9103.31 added by Ord. 635; December 12,
•
1950 as amended by Ord. 974; October 30, 1961 and by
Ord. 1158 § 4; May 9, 1966).
20.16.020
USES REQUIRING USE PERMIT. The following
uses shall
be permitted, subject to the securing of a use
permit in
each case:
(a)
Community centers, social halls, lodges, clubs, rest
homes, and motels.
(b) 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.
(c) Signs larger than six square feet and appurtenant
to any use. (1949 Code § 9103.32 added by Ord. 635;
December 12, 1950 as amended by Ord. 974; October 30,
1961).
20.16.025 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 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.
•
Page 47
R -3 DISTRICT
Chapter 20.16
20.16.030 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area contained in all buildings on a building
site in an R -3 District shall not exceed three times the build-
able area of the site; provided, however, that floor area
devoted to parking within a building shall not be considered
in determining the total floor area allowed; and provided,
further, that in no event shall any building exceed the height
limit specified in Chapter 20.02.
For residential developments in those areas of the 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 SITE AREA. A. BUILDING OR GROUP OF
BUILDINGS. For each building or group of buildings, there
shall be a minimum of 5,000 square feet of area and a minimum
width of 50 feet 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.
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.
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 minimum width
required for front yards shall be 20 feet and a maximum permitted
shall be 35 feet, except as may be otherwise indicated on the
Districting Maps. Distances shown on the Districting Maps are
to be measured from front property line.
For residential developments in those areas of the City known
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 not be less than 3 feet
wide on building sites 40 feet wide or less, or 4 feet on lots
• wider than 40 feet; provided, that the side yard on the rear
20 feet of the street side of a corner lot, where there is
reversed frontage, shall not be less than the front yard required
or existing on the adjacent reversed frontage.
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Ord 6 73 v f o' pf ro ye d l7 ed cha and Sad a t F
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•
•
Pi
Page 49
R -3 DISTRICT
Chapter 20.16
(d) Not less than one parking space for each two guest
rooms in any hotel.
(e) Not less than one garage space for each of the first
four family units, and two offstreet parking spaces,
one of which must be a garage space, for each addi-
tional family unit, in any dwelling group of more than
four family units.
(f) Not less than two garage spaces per family unit in
any residential "B" District.
Parking space required for
District and not set forth
Planning Commission.
other uses allowed in any R -3
above shall be determined by the
For residential developments in those areas of the City known
generally as West Newport, Balboa Peninsula, and Corona del Mar,
parking requirements are as specified in Section 20.11.030 of
Residential Development Standards.
20.16.080 PARKING AUTOMOBILES ON ROOFS. Parking of
automobiles on the roof of a building in any R -3 District is
not permitted.
E
r1
L J
L
Sections:
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
20.17.080
Page 50
R -4 DISTRICT
Chapter 20.17
R- 4 D I S T R I C T
Chapter 20.17
R -4 DISTRICT
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.
Swimming Pools - Yards - Equipment.
Changes in Yard Requirements.
Automobile Storage or Parking Space.
Parking Automobiles on Roofs.
20.17.010 EFFECT OF CHAPTER. The following regulations
shall apply 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.
20.17.015 USES PERMITTED. The following uses shall
be permitted in R -4 Districts:
(a) Single - family dwellings and duplexes.
(b) Multiple dwellings, apartment houses and dwelling
groups.
(c) Hotels,motels and rooming or boarding houses.
(d) Community centers, social halls, lodges and clubs.
(e) Temporary structures and uses. Regulations are as
specified in Section 20.10.015 of General Controls -
Residential Districts.
(f) Signs not over twelve square feet in area and
attached to the main building. (1949 Code §
9103.41 added by Ord. 635; December 12, 1950
as amended by Ord. 974; October 30, 1961).
is
Page 51
R -4 DISTRICT
Chapter 20.17
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 for the
convenience of the guests of hotels and motels
provided that all access shall be from a lobby,
patio or court yard, and further; provided, that
no advertising be visible from any street.
(c) Recreational establishments, parking lots, institu-
tions, cemeteries, public buildings, removal of
earthen materials, heliports and helistops, outdoor
lighting may be permitted as specified more partic-
ularly in Section 20.10.020 of General Controls -
Residential Districts.
(d) Signs larger than twelve square feet and appurt-
enant to any use. (1949 Code § 9103.42 added by
• Ord. 635; December 12, 1950 as amended by Ord.
974; October 30, 1961).
20.17.025 ACCESSORY USES. Accessory uses and build-
ings normally incidental to any of the above shall be permitted.
This shall not be construed as permitting any commercial use or
occupation, other than those specifically permitted, 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 LIMIT. The
total gross floor area contained in all buildings on a building
site in an R -4 District shall not exceed three times the build-
able area of the site; provided, however, that floor area
devoted to parking within a building shall not be considered
in determining the total floor area allowed; and provided,
further, that in no event shall any building exceed the height
limit specified in Chapter 20.02.
For residential developments in those areas of the 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.
J
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Page 52
R -4 DISTRICT
Chapter 20.17
20.17.035 SITE AREA. A. GENERAL. For each building
or group of buildings, there shall be a minimum of 5,000 square
feet of area and a minimum width of 50 feet on interior lots,
with a minimum of 6,000 square feet 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, the minimum lot area shall be 800 square
feet.
C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any
hotel or motel, the minimum lot area shall be 300 square feet.
D. 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.
20.17.040 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).
• 20.17.045 YARDS. A. FRONT YARDS. The minimum width
required for front yards shall be 20 feet and a maximum permitted
shall be 35 feet, except as may be otherwise indicated on the
Districting Maps. Distances shown on the Districting Maps are
to be measured from front property line.
For residential developments in those areas of the City known
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. For main buildings three stories or less in
height, a side yard on each side of the building equal in width
to eight percent of the average width of the lot shall be pro-
vided. Beginning with 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 excess
of 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, 1950 as amended by Ord. 974; October 30, 1961).
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 of General Controls -
Residential Districts.
•
Page 53
R -4 DISTRICT
Chapter 20.17
20.17.060 SWIMMING POOLS - YARDS - EQUIPMENT.
Regulations are as specified in Section 20.10.035 of General
Controls - 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 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
9105.42, added by Ord. 1134, August 9, 1965).
20.17.075 AUTOMOBILE STORAGE OR PARKING SPACE.
Accessible storage or parking space for the parking of auto-
mobiles off the street shall be provided in R -4 Districts as
follows:
(a)
Not less than two garage spaces for each single -
family dwelling.
•
(b)
Not less than one garage space for each family unit
in any duplex, triplex, or dwelling group of four
or less family units.
(c)
Not less than one garage space for each two guest
rooms in any rooming house.
(d)
Not less than one parking space for each two guest
rooms in any hotel.
(e)
Not less than one garage space for each of the first
four family units, and two offstreet parking spaces,
one of which must be a garage space, for each addi-
tional family unit, in any dwelling group of more
than four family units.
(f)
Not less than two garage spaces per family unit in
any residential "B" District.
Parking
space required for other uses allowed in any R -4 District
and not
set forth above shall be determined by the Planning
Commission.
For residential
developments in those areas of the City known
generally
as West Newport, Balboa Peninsula, and Corona del Mar,
•
parking
requirements are as specified in Section 20.11.030 of
Residential Development Standards.
Page 54
R -4 DISTRICT
Chapter 20.17
20.17.080 PARKING AUTOMOBILES ON ROOFS. Parking of
automobiles on the roof of a building in any R -4 District is
not permitted.
•
is
Page 55
" -B" DISTRICT
Chapter 20.18
"- B" D I S T R I C T
Chapter 20.18
" -B" DISTRICT
Sections:
20.18.010 Effect of Chapter.
20.18.020 Site Area.
20.18.030 Uncovered Rear Yard Area.
20.18.040 Slope Ratio Approval Required.
20.18.050 Site Area.
20.18.010 EFFECT OF CHAPTER. The following regula-
tions shall apply in lieu of building site area, yard and lot
width requirements in the respective districts where such
districts are combined with the " -B" District, and shall be
subject to the provisions of Chapter 20.10. All other pro-
visions of the respective districts shall apply. (1949 Code
9 9104.1 added by Ord. 635; December 12, 1950 as amended by
Ord. 845; April 14, 1958).
20.18.020 SITE AREA. The following minimum building
site area, lot sizes and setbacks shall be required and the
following maximum coverage shall be allowed in the respective
" -B" Districts:
COMBINING DESIGNATION B:
Building site area
6000
square feet.
Lot width
60
feet.
Lot length
80
feet.
Front yard
20
feet.
Rear yard
6
feet.
Side yard
6
feet.
Maximum coverage
60
percent.
COMBINING DESIGNATION B -1:
Building site area
7500
square feet.
Lot width
75
feet.
• Lot length
Front yard
90
15
feet.
feet.
Rear yard
1
feet.
Side yard
7
feet.
Maximum coverage
60
percent.
•
Page 56
" -B" DISTRICT
Chapter 20.18
COMBINING DESIGNATION B -2:
Building site area
10,000
square feet.
Lot width
90
feet.
Lot length
100
feet.
Front yard
15
feet.
Rear yard
10
feet.
Side yard
10
feet.
Maximum coverage
60
percent.
COMBINING DESIGNATION B -3:
Building site area 20,000 square feet.
Lot width 100 feet.
Lot length 150 feet.
Front yard 15 feet.
Rear yard 10 feet.
Side yard 10 feet.
Maximum coverage 60 percent.
COMBINING DESIGNATION B -4: As designated on zoning map;
provided, that no requirements be less than B -3 regulations.
• All setbacks on the street side of a corner lot shall not
be less than that required on existing or adjacent reversed
frontage when such exists. (1949 Code § 9104.11 added by
Ord. 635; December 12, 1950 as amended by Ord. 845; April
14, 1958).
20.18.030 UNCOVERED REAR YARD AREA. There shall
be a minimum of 750 square feet or rear yard land area
adjoining the main dwelling maintained uncovered. (1949
Code § 9104.11 -1 added by Ord. 845; April 14, 1958).
20.18.040 SLOPE RATIO APPROVAL REQUIRED. Any banks
graded or benched for building sites in " -B" Districts wherein
cuts are required, leaving banks or slopes of a greater grade
than a ratio of 3 to 1, shall be approved by the Planning
Commission prior to obtaining a building permit. (1949 Code
§ 9104.12 added by Ord. 635; December 12, 1950 as amended by
Ord. 845; April 14, 1958).
20.18.050 SITE AREA. The following minimum building
site area
shall be required for each family
unit (maximum
density permitted
in
R Districts
where combined
with
" -B"
District):
R
-2
R -3
R -4
B
3000
sq.
ft.
1500 sq.
ft.
1250
sq. ft.
B -1
3000
sq.
ft.
1500 sq.
ft.
1250
sq. ft.
B -2
3000
sq.
ft.
2000 sq.
ft.
1500
sq. ft.
B -3
3000
sq.
ft.
2000 sq.
ft.
1500
sq. ft.
(1949 Code
§ 9104.13
added
by
Ord. 635;
December 12,
1950 as
amended by
Ord. 845;
April
14,
1958).
•
•
C�
Chapters:
20.30
20.31
20.32
20.33
20.34
20.35
20.36
PART III: COMMERCIAL DISTRICTS
General Controls - Commercial Districts
A -P District
C -N District
Commercial - Residential District
C -0 District
C -1 District
C -2 District
0
Sections:
G E N E R A L C O N T R O L S -
- — — — — — — — — — — — — — — —
C O M M E R C I A L D I S T R I C T S
Chapter 20.30
GENERAL CONTROLS - COMMERCIAL DISTRICTS
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
Page 57
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
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.
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.
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 Develop-
ment or the Planning Commission may approve reasonable requests
for interim or temporary uses of land or buildings when said
uses are consistent with the City's General Plan and the health
safety, peace, comfort and general welfare of persons residing
or working in the neighborhood and not violative of any other
ordinances and regulations of the City.
B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The
Director of Community Development may authorize the temporary
use of structures and land in any Commercial 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.
Page 58
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The
Planning Commission may authorize the temporary use of structures
and land in any Commercial District for periods of time in excess
of 90 days subject to the securing of a use permit in each case.
In approving said use permit the Planning Commission may impose
whatever conditions they deem necessary to assure that the
purpose and intent of this Section is carried out and shall
establish a specific point in time when said permit is to be
terminated and the site restored.
D. TEMPORARY REAL ESTATE SIGNS AND STRUCTURES. The Director
of Community Development may approve temporary signs and
temporary tract and sales offices for the first sale of struc-
tures and /or lots in any district for a period of time not to
exceed one year following the recordation of the final sub-
division map.
E. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The
Director of Community Development and the Planning Commission
may authorize extensions of time subject to the procedures
specified above.
• (Ord. 1591 4 1, 1974; 1949 Code 9 9105.1(3) added by Ord. 1130;
1965).
20.30.020 USES REQUIRING USE PERMIT. The following
uses shall be permitted in any Commercial District subject to
the securing of a use permit.
(a) Recreational establishments, including: circuses,
carnivals, amusement parks, fun zones, open air
theaters, race tracks, private recreation centers,
or other similar establishments.
(b) 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
buildings, senior citizen housing facilities (where
residency is limited to elderly persons), and
municipally- operated parking lots.
(c) Parking automobiles on roofs.
(d) Removal of earthen materials. No permit shall be
required for normal grading or landscaping on lots
of record.
• (e) Heliports and helistops. 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, mainten-
ance, and operation of such use. The Community
Page 59
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
Development 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 heli-
stops 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.
(f) Outdoor lighting. No swimming pool, tennis court or
other use which, in the opinion of the Planning Com-
mission 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).
20.30.025 EXTENSIONS INTO YARDS. A. ARCHITECTURAL
FEATURES. Architectural features such as cornices or eaves
may extend not exceeding 2 -112 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 -112 feet from any side yard setback line provided that such
encroachment must be at least 2 feet from any side property line.
C. OPEN PORCHES AND LANDINGS. Open uncovered porches or land-
ings 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 build-
ing 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 -1/2 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.
Page 60
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
Marquees, awnings, or shades may project from the building into
the rear yard setback of a residential building not to exceed
2 -112 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. (Ord. 1398 § 1, August 9, 1971; Ord. 1176
9 2, September 12, 1966: prior 1949 Code § 9105.4(a -g) added
by Ord. 635; December 12, 1950 as amended by Ord. 1035, April
8, 1963).
20.30.030 AUTOMOBILE STORAGE OR PARKING SPACE FOR
COMMERCIAL USES. A. REQUIRED PARKING. Off- street parking
in accordance with the requirements of Section 20.30.035 entitled
"H" Combining District shall be required of all property in all
commercial zoning districts which has not previously been
included within a "Z" or "H" Combining District. All properties
in Commercial Districts which do not meet the requirements of
this Section shall be classified as nonconforming uses.
• B. NONCONFORMING USES. The provisions of Chapter 20.83
entitled "NONCONFORMING STRUCTURES AND USES" shall not be
applicable to structures and uses which are nonconforming
only because they do not comply with the parking requirements
set forth in Subsection A above, but instead the following
regulations shall be controlling:
(1) EXISTING USES AND STRUCTURES. The lawful use of land
or buildings or both in commercial zoning districts
which do not meet the parking requirements set forth
in Subsection A above, which use was in existence on
the effective date of this Section, may be continued
or changed to a use requiring the same of less on -site
parking without compliance with said requirements.
(2) REMODELING, REPAIRS OR ALTERATIONS. Any nonconforming
building may be repaired, altered or remodeled without
complying with the parking requirements set forth in
Subsection A of this Section.
(3) ENLARGEMENT. Whenever a nonconforming building or
use is enlarged by more than ten percent (10 %) of
its original gross area in any one -year period, the
property on which it is located shall be made to
comply with the parking requirements of Subsection A
• of this Section unless a waiver or reduction of said
requirement is authorized by use permit. When the
enlargement of an existing building or use constitutes
less than ten percent (10 %) of its original gross
area, the required parking shall be based only upon
the added gross area.
Page 61
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
(4) RESTORATION OF DAMAGED OR DESTROYED BUILDING. A
nonconforming building wholly or partially damaged
or destroyed by fire, explosion, earthquake, Act of
God, or other act beyond the control of the owner or
person in possession may be restored without the
necessity of complying with the requirements of
Section 20.30.030, provided that all of the follow-
ing conditions are met:
a. The restoration work is commenced within twelve
months after the damage or destruction occurs;
b. The building after restoration does not exceed
its original gross floor area as it existed
prior to the damage or destruction; and
c. The use of the building is not changed to a use
which requires more parking than the original
use as it existed prior to the damage or
destruction. (Ord. 1292 5 1; March 10, 1969).
• 20.30.035 "H" COMBINING DISTRICT. The following
regulations shall apply in all Commercial Districts with which
are combined "H" Districts, in addition to the regulations
hereinbefore specified therefor, 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).
A. USES PERMITTED. The following uses shall be permitted in
" -H" Districts:
All uses permitted in the respective districts with which the
" -H" District is combined, subject to approval as to design
of buildings and design and location of parking lot; except,
however, as provided in Sections 20.30.035 (B.) and 20.30.035
(C.). (1949 Code § 9104.21 (part) added by Ord. 635; December
12, 1950 as amended by Ord. 901; December 28, 1959).
B. OFF- STREET PARKING REQUIRED - SCHEDULE. Off- street parking
on the building site, or with City Council approval upon
recommendation of the Planning Commission, on a separate lot
from the building site or sites, shall be required in all
• districts with which the " -H" District is combined, according
to the following formula:
(1) Retail Stores: 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.
Page 62
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
(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 load-
ing 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 of serving food or beverages,
with the exception of kitchens, restrooms, offices
pertaining to the restaurant only, and food and
beverage service or storage areas.
Based on the following considerations, the Planning
Commission may increase or decrease the parking
• requirement for a restaurant within the range of
one space for each 30 to 50 square feet of net public
area:
I. The Physical Design characteristics of the
restaurant.
(a) The portion of net public area designated
for dining, cocktails, or dancing.
(b) The number of tables or seats, and their
arrangement.
(c) Other areas that should logically be
excluded from the determination of net
public area.
(d) The parking lot design, including the use
of small car spaces, tandem, and valet
parking.
(e) Availability of guest dock space for boats.
1I. The location of the restaurant.
• (a) In relation to other uses and the waterfront.
(b) Availability of off -site parking nearby.
(c) Amount of walk -in trade.
Page 63
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
(d) Parking problems in the area at times of
peak demand.
III. The operational characteristics of the
restaurant.
(a) Beer, wine, or full service bar.
(b) The use of live entertainment.
(c) The hours of operation.
If during the review of the Use Permit, the Planning
Commission uses any of the preceding considerations
as a basis for raising or lowering a restaurant's
parking requirement, the substance of such considera-
tions shall become conditions of the Use Permit and
a change to any of these conditions will require an
amendment to the Use Permit. When an amendment to
the Use Permit is required, the Planning Commission
may increase or decrease parking requirements within
the ranges noted above.
• (5) Public Assembly: One parking space for each five
seats.
(6) Theaters: One parking space for each five 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) Medical and Dental Office Buildings: One parking
space for each 250 square feet of gross floor area.
(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).
• 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(8.)(2), may be modified in
accordance with the following schedule:
•
r1
L_J
Page 64
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
PARKING POOL REQUIREMENT
1 to 500 spaces 1 space for each 250 square feet of
net floor area.
501 to 1500 spaces 1 space for each 250 square feet of
net floor area for the first 500
spaces, then 1 space for each 300
square feet of net floor area for
each additional space.
1501 spaces and over 1 space for each 285 square feet of
net floor area for the first 1500
spaces, then 1 space for each 350
square feet of net floor area for
each additional space.
(Ord. 1404 § 4, September 20, 1971).
D. OFF- STREET PARKING ON SEPARATE LOT. The Planning Commission
shall not recommend and the City Council shall not approve off -
street parking on a separate lot from the building site or sites
unless:
(1) Such lot is so located as to be useful in connection
with the proposed use or uses on the building site
or sites.
(2) Parking on such lot will not create undue traffic
hazards in the surrounding area.
(3) Such lot and the building site are in the same owner-
ship, or the owners of the building sites have a
common ownership in such lot, and the owner or owners
are entitled to the immediate possession and use
thereof (ownership of the off -site lot must be owner-
ship 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. Should a change in use or additional
use be proposed, the off - street parking regulations
applicable at the time shall apply. Such instruments
shall be recorded in the office of the County Recorder
and copies thereof filed with the Department of
Community Development. (1949 Code § 9104.21(b)
added by Ord. 635; December 12, 1950 as amended by
Ord. 901; December 28, 1959).
Page 65
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
E. BUILDING LOCATION. In case no building line is established
by the Street and Highway Plan of the Master Plan or by the
provisions of this Chapter for the street on which any building
will front, in any district with which an " -H" District is
combined, no such building shall be erected, constructed,
moved or structurally altered, so that the same shall be closer
to the line of such street than a distance to provide adequate
space for the traffic movements and the standing of vehicles
which will be incidental to the use of such building. Such
distance to be designated by the Planning Commission as a part
of the action on plans submitted with the application for a permit
for such building, as provided in Chapter 20.30. (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
any of the regulations specified in the "Z" District differ from
any of the corresponding regulations specified in 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 PERMITTED. The following uses shall be permitted in
" -Z" Districts:
All uses permitted in the respective districts with which the
" -Z" District is combined, subject to approval as to design of
building and design and location of parking lot; except, however,
as provided in Subsections B and C below. (1949 Code § 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 of the
Planning Commission, shall be required in all districts with
which the " -Z" District is combined, according to the following
formula:
(1) Retail and Wholesale Stores: One parking space for
each 350 square feet of gross floor area, and one
loading space for each 10,000 square feet of gross
floor area.
(2) Office Buildings (except where any portion is used
as a medical or dental office): One parking space
• for each 350 square feet of net floor area.
(3) Restaurants: One space for each 40 square feet of
net public area. "New Public Area" shall be defined
as the total area of the restaurant including patios,
balconies, and any outdoor areas capable of being
•
Page 66
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
used for the purpose of serving food or beverages,
with the exception of kitchens, restrooms, offices
pertaining to the restaurant only, and food and
beverage service or storage areas.
Based on the following considerations, the Planning
Commission may increase or decrease the parking
requirement for a restaurant within the range of one
space for each 30 to 50 square feet of net public area:
I. The Physical Design characteristics of the
restaurant.
(a) The portion of net public area designated
for dining, cocktails, or dancing.
(b) The number of tables or seats, and their
arrangement.
(c) Other areas that should logically be excluded
from the determination of net public area.
(d) The parking lot design, including the 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.
(b) Availability of off -site parking nearby.
(c) Amount of walk -in trade.
(d) Parking problems in the area at times of
peak demand.
III. The operational characteristics of the restaurant.
(a) Beer, wine, or full service bar.
(b) The use of live entertainment.
(c) The hours of operation.
• If during the review of the use permit, the Planning
Commission uses any of the preceding considerations
as a basis for raising or lowering a restaurant's
parking requirement, the substance of such considera-
tions shall become conditions of the Use Permit and
Page 67
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
a change to any of these conditions will require an
amendment to the use permit. When an amendment to
the use permit is required, the Planning Commission
may increase or decrease parking requirements within
the ranges noted above.
(4) Public Assembly: One parking space for each five
seats.
(5) Theaters: One parking space for each five seats.
(6) Hotels: One parking space for each two guest rooms.
(7) Hospitals: One parking space for each bed, and in
addition one parking space for each resident doctor
and one for each employee.
(8) 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.
(9) Motels: One parking space for each guest unit.
• (10) Apartments: One parking space for each unit having
not more than one bedroom; otherwise two parking
spaces per unit.
(11) Medical and Dental Office Buildings: One parking
space for each 250 square feet of gross floor area.
(Ord. 1623 § 3, 1975; Ord. 1404 § 5, 1971).
C. OFF- STREET PARKING ON SEPARATE LOT. The Planning Commission
shall not recommend and the City Council shall not approve off -
street parking on a separate lot from the building site or sites
unless:
(1) Such lot is so located as to be useful in connection
with the proposed use or uses on the building site
or sites.
(2) Parking on such lot will not create undue traffic
hazards in the surrounding area.
(3) Such lot and the building site are in the same owner-
ship, or the owners of the building sites have a
common ownership in such lot, and the owner or owners
are entitled to the immediate possession and use thereof
• (ownership of the off -site lot must be ownership in
fee or a leasehold interest of a duration adequate to
serve all proposed uses on the building site or sites).
Page 68
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
(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. Should a change in use or additional
use be proposed, the off- street parking regulations
applicable at the time shall apply. Such instruments
shall be recorded in the office of the County Recorder
and copies thereof filed with the Department of
Community Development. (Ord. 913, 1960: 1949 Code
§ 9104.31 (b)).
D. 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. 9i3; 1960: 1949 Code § 9104.31(c)).
20.30.045 REQUIREMENTS FOR OFF- STREET PARKING.
A. APPLICABILITY. The requirements of this Section and any
off - street parking standards adopted by the City Council shall
apply to the following:
(1) All off - street parking lots and areas hereafter
developed which are required by this Title.
(2) All parking lots which are hereafter permitted
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 for
markings and other devices deemed necessary to protect patrons,
the traffic on adjoining streets and alleys, and property owners
in the vicinity.
Page 69
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
B. BOUNDARY WALL. Where the boundaries of parking lots or
parking areas adjoin property in an R -1 or R -2 District, a wall
shall be constructed along such boundaries in such a manner as
will provide protection to the public and owners and occupants
of adjoining property from noise, exhaust fumes, automobile
lights, and other similar sources of disturbance. Such wall
shall be constructed of solid masonry to a height of 3 feet
from the front of the property to a depth equal to the required
front yard setback established for adjoining property in a
residential district. The remaining portion of the wall shall
be 5 feet in height, the lower 4 feet of which must be of solid
masonry construction.
C. PLOT PLAN. A plot plan of any proposed parking lot or
parking area shall be submitted to the Building 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 Building Official shall endorse his written
approval on the plan and retain a copy thereof. If the proposed
plot plan does not meet the requirements of this Section, the
• Building Official shall return the plan to the applicant, together
with a written statement setting forth the deficiencies in the
plan, within ten calendar days after the submission of the plan
to the Building Official. 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 compliance
with the requirements of this Section impractical and will
result in hardship, the Planning Commission, upon application,
may waive such requirements of this Section and the off - street
parking standards as are necessary to permit development of
the parking lot or parking area so long as the waiver does
not create an unsafe condition or a condition which is detri-
mental to surrounding property. (1949 Code § 9105.51 added
by Ord. 1031; March 25, 1963).
20.30.050 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS.
A. In case an application is made for a permit for any building
or structure in any Commercial District, the application 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
Commission in an endeavor to provide that such buildings or
Page 70
GENERAL CONTROLS
COMMERCIAL
• Chapter 20.30
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.
(Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(a)).
B. ARCHITECTURAL COMMITTEE - APPOINTMENT AND MEMBERSHIP. The
Planning Commission may 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. AUTHORITY OF ARCHITECTURAL COMMITTEE - STANDARDS. The
Architectural Committee shall have authority to approve architec-
tural sketches within the meaning of Section 20.30.050 (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
is 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 thirty days after such action appeal in
writing to the Planning Commission. The Architectural Committee
may, if it deems advisable, refer any application for architec-
tural 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 appli-
cant 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 20.30.050 (A.)
until such drawings and sketches have been approved by the Plan-
ning 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: 1949 Code § 9105.6(f)).
•
•
A- P D I S T R I C T
Chapter 20.31
A -P DISTRICT
Sections:
Pagge 71
A -P DISTRICT
Chapter 20.31
20.31.010 Effect of Chapter.
20.31.015 Uses Permitted.
20.31.020 Uses Requiring Use Permit.
20.31.025 Building Height and Floor Area Limit.
20.31.030 Site Area.
20.31.035 Yards.
20.31.040 Extensions Into Yards.
20.31.050 Automobile Storage or Parking Space.
20.31.055 Requirements for Off- Street Parking.
20.31.065 Plans and Drawings for Commercial District.
• 20.31.010 EFFECT OF CHAPTER. The following regula-
tions apply in all A -P Districts and shall be subject to the
provisions of Chapter 20.30. (Ord. 1170 § 5 (part); July 25,
1966).
20.31.015 USES PERMITTED. The following uses shall
be permitted in A -P Districts.
(a) Professional offices, business offices, banks,
conservatories of art and music, art studios, art
galleries, community centers, social halls, lodges
and clubs, medical centers, physical, medical and
diagnostic laboratories, photography studios,
pharmacies for dispensing of drugs and medical
supplies only, and other uses which in the opinion
of the Planning Commission are of a similar nature.
(b) Accessory uses 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
accessory buildings shall be allowed only when
constructed concurrent with or subsequent to the
main building.
• (c) Temporary structures and uses. Regulations are
as specified in Section 20.30.015 of General Controls -
Commercial Districts.
Page 72
A -P DISTRICT
Chapter 20.31
(d) One non - flashing sign appurtenant to any use and
not over 35 square feet in area for each side (if
two sides are used). (Ord. 1170 § 5 (part); July
25, 1966) .
20.31.020 USES REQUIRING USE PERMIT. The following
uses shall be permitted subject to first securing a use permit
in each case:
(a) Dance studios, restaurants, outdoor restaurants,
retail sales and interior decorating studios.
(b) 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 20.30.020 of General Controls -
Commercial Districts.
20.31.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area contained in all buildings on a building
site in an A -P District shall not exceed two times the buildable
area of said site; provided, however, that floor area devoted
to parking within a building shall not be considered in determin-
ing the total floor area allowed; and provided, further, that in
no event shall any building exceed the height limit specified in
Chapter 20.02. (Ord. 1454 § 11, September 11, 1972: prior Ord.
1170 § 5 (part); July 25, 1960).
20.31.030 SITE AREA. The building site area required
shall be a minimum of 2,000 square feet. The minimum building
site frontage required shall be 25 feet. (Ord. 1170 § 5 (part);
July 25, 1966).
20.31.035 YARDS. A. FRONT YARDS. The minimum width
required for front yards shall be 15 feet; provided, however,
that where the frontage in a block is partially in an R District
the front yard shall be not less than that required in such R
District.
B. REAR YARDS. No rear yards shall be required, except where
the rear of a lot abuts on an R District, in which case the rear
yard shall be not less than 5 feet.
Rear yards abutting on alleys shall have a minimum width of
10 feet. (Ord. 1170 § 5 (part); July 25, 1966).
' 20.31.040 EXTENSIONS INTO YARDS. Regulations are as
specified in Section 20.30.025 of General Controls - Commercial
Districts.
Page 73
A -P DISTRICT
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 REQUIREMENTS FOR OFF- STREET PARKING.
Regulations are as specified in Section 20.30.045 of General
Controls - Commercial Districts.
20.31.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS.
Regulations are as specified in Section 20.30.050 of General
Controls - Commercial Districts.
•
0
•
•
•
C- N D I S T R I C T
Chapter 20.32
C -N DISTRICT
Sections:
Page 74
C -N DISTRICT
Chapter 20.32
20.32.010 Effect of Chapter.
20.32.015 Uses Permitted.
20.32.020 Uses Requiring Use Permit.
20.32.025 Building Height and Floor Area Limit.
20.32.030 Site Area.
20.32.035 Yards.
20.32.040 Extensions Into Yards.
20.32.050 Automobile Storage or Parking Space.
20.32.055 Requirements for Off- Street Parking.
20.32.065 Plans and Drawings for Commercial Districts.
20.32.010 EFFECT OF CHAPTER. The following regulations
shall apply in all C -N Districts, subject to the provisions of
Chapter 20.30. (Ord. 845 (part), 1958: 1949 Code § 9103.480).
20.32.015 USES PERMITTED. The following uses shall
be permitted in C -N Districts:
(a) Professional offices, community centers, social halls,
lodges and clubs.
(b) Retail stores and personal service establishments
within a building, including appliance stores,
bakeries (not wholesale), banks, barber shops,
beauty parlors, book stores, department stores,
drug stores, food shops, hardware stores, nurseries,
offices, radio stores, antique shops, shoe shops,
studios, tailor shops, and other uses which in the
opinion of the Planning Commission are of a similar
nature.
(c) Accessory uses 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 accessory buildings
shall be allowed only when constructed concurrent with
or subsequent to the main building.
(d) Temporary structures and uses. Regulations are as
specified in Section 20.30.015 of General Controls -
Commercial Districts.
•
•
1 0
(e) One non - flashing
use and not over
(if two sides are
Ord. 845 (part),
1623 § 4, 1975).
Page 75
C -N DISTRICT
Chapter 20.32
sign appurtenant to any permitted
35 square feet in area for each side
used). (Ord. 1016 (part), 1962:
1958: 1949 Code § 9103.481: Ord.
20.32.020 USES REQUIRING USE PERMIT. The following
uses shall be permitted subject to the securing of a use permit
in each case:
(a) Gasoline service stations, drive -in facilities,
restaurants and outdoor restaurants.
(b) 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 20.30.020 of General Controls
Commercial Districts.
(c) Non - flashing signs in excess of 35 square feet in
area; non - flashing signs not appurtenant to any
permitted use.
20.32.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area contained in all buildings on a building
site in a C -N District shall not exceed two times the buildable
area of said site; provided, however, that floor area devoted
to parking within a building shall not be considered in deter-
mining the total floor area allowed; and provided, further,
that in no event shall any building exceed the height specified
in Chapter 20.02. (Ord. 1454 § 12, 1972: prior Ord. 974 (part),
1961: Ord. 845 (part), 1958: 1949 Code § 9103.482).
20.32.030 SITE AREA. The
shall be a minimum of 2,000 square
frontage required shall be 25 feet.
Ord. 845 (part), 1958: 1949 Code §
building site area required
feet. Minimum building site
(Ord. 974 (part), 1961:
9103.483).
20.32.035 YARDS. Front yards shall have a minimum
width of 15 feet; provided, however, that where the frontage
in a block is partially in an R District, the front yard shall
be not less than that required in such R District. (Ord. 974
(part), 1961: Ord. 845 (part), 1958: 1949 Code § 9103.484).
20.32.040 EXTENSIONS INTO YARDS. Regulations are as
specified in Section 20.30.025 of General Controls - Commercial
Districts.
Page 76
C -N DISTRICT
Chapter 20.32
E
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.
•
Is
•
Page 77
C -R DISTRICT
Chapter 20.33
C O M M E R C I A L- R E S I D E N T I A L D I S T R I C T
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Sections:
Chapter 20.33
COMMERCIAL- RESIDENTIAL DISTRICT
20.33.010 Intent and Purpose.
20.33.015 Effect of Chapter.
20.33.020 Permitted Uses.
20.33.025 Uses Requiring Use Permit.
20.33.030 Development Standards.
20.33.035 Extensions Into Yards.
20.33.045 Requirements for Off- Street Parking.
20.33.050 Plans and Drawings for Commercial Districts.
20.33.010 INTENT AND PURPOSE. The purpose of these
regulations is to provide for a mixture of commercial and
• residential uses and to establish proper development standards
to ensure the harmonious mixture of such uses.
The intent of the District is to allow residential uses in
conjunction with commercial uses within a single development.
It is not the intent of this District to allow uses which are
purely residential in nature. (Ord. 1529 § 1 (part), 1973).
20.33.015 EFFECT OF CHAPTER. The following regula-
tions shall apply in all C -R Districts, subject to the provisions
of Chapter 20.30. (Ord. 1529 § 1 (part), 1973).
20.33.020 PERMITTED USES. In the C -R District the
following uses shall be permitted.
(a) Commercial uses limited to retail or personal service
es tab IIshments, handicraft establishments, professional
offices and other uses which, in the opinion of the
Planning Commission, are of a similar nature.
(b) Residential uses only in conjunction with permitted
commercial uses.
(c) Accessory uses normally incidental to commercial and
residential developments, where such uses do not alter
• the character of the premises in respect to their use
for purposes permitted in the district.
(d) Temporary structures and uses. Regulations are as
specified in Section 20.30.015 of General Controls -
Commercial Districts.
Page 78
C -R DISTRICT
Chapter 20.33
(e) Signs.
1. Commercial Uses: For commercial uses, signs
appurtenant to any use shall be permitted, provided
that the total square footage of signs on any
structure shall not exceed one (1) square foot for
each lineal foot of building frontage.
2. Residential Uses: For residential uses, the
following signs shall be permitted:
One unlighted sign, not exceeding two (2) square
feet in area, to advertise the lease, rental or
sale of the property upon which it is located.
Such sign may show only the name, address and
telephone number of the owner, but shall not
show the name, address, telephone number, or
any other description or identification of any
person, firm or corporation other than the owner
of said property. (Ord. 1556 § 1, 1974: Ord.
1529 § 1 (part), 1973).
20.33.025 USES REQUIRING USE PERMIT. The following
' uses shall be permitted subject to the securing of a use permit
in each case.
(a) Restaurants, outdoor restaurants, and outdoor sales.
(b) 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 20.30.020 of General Controls -
Commercial Districts.
20.33.030 DEVELOPMENT STANDARDS. A. DENSITY.
(1) The total gross floor area exclusive of parking area
in all structures on any site shall be limited to 1.5
times the buildable area.
(2) Mixed development. The commercial portion shall be
limited to a Floor Area Ratio of 1.0, and the residen-
tial development shall be limited to one residential
unit for each 2,000 square feet of lot area.
B. LOCATION OF COMMERCIAL PORTION. In mixed development, the
commercial shall be limited to the ground floor.
' C. HEIGHT. The height shall be as specified in the 26135 Foot
Height Limitation Zone.
J
Page 79
C -R DISTRICT
Chapter 20.33
0. YARDS.
(1) Front Yard. No front yard shall be required for the
commercial portion of any structure. A ten -foot front
yard setback shall be required for the residential
portion of any structure.
(2) Side Yard. No side yard shall be required.
(3) Rear Yard. A rear yard of ten feet shall be required.
E. PARKING - COMMERCIAL PORTION. Regulations are as specified
in Section 20.30.030 of General Controls - Commercial Districts.
F. PARKING - RESIDENTIAL PORTION. Accessible storage or parking
space for the parking of automobiles off the street shall be
provided as follows:
(1) Not less than two garage spaces for each single - family
dwelling.
(2) Not less than one garage space for each family unit
in any duplex, triplex or dwelling group of four or
less family units.
(3) Not less than one garage space for each two guest
rooms in any rooming house.
(4) Not less than one garage space for each of the first
four family units, and two off - street parking spaces,
one of which must be a garage space, for each additional
family unit, in any dwelling group of more than four
family units.
20.33.035 EXTENSIONS INTO YARDS. Regulations are as
specified in Section 20.30.025 of General Controls - Commercial
Districts.
20.33,045 REQUIREMENTS FOR OFF- STREET PARKING.
Regulations are as specified in Section 20.30.045 of General
Controls - Commercial Districts.
20.33.050 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS.
Regulations are as specified in Section 20.30.050 of General
Controls - Commercial Districts.
•
•
•
C- 0 D I S T R I C T
Chapter 20.34
C -0 DISTRICT
Sections:
Page 80
C -0 DISTRICT
Chapter 20.34
20.34.010
Effect of Chapter.
20.34.015
Uses Permitted.
20.34.020
Uses Requiring Use Permit.
20.34.025
Building Height and Floor Area Limit.
20.34.030
Site Area.
20.34.035
Yards.
20.34.040
Extensions Into Yards.
20.34.050
Automobile Storage or parking Space -
Residential Uses.
20.34.055
Automobile Storage or Parking Space -
Commercial Uses.
20.34.060
Requirements for Off- Street Parking.
20.34.065
Plans and Drawings for Commercial Districts.
20.34.010 EFFECT OF CHAPTER. The following regula-
tions shall apply in all C -0 Districts, subject to the provi-
sions of Chapter 20.30. (Ord. 913 (part), 1960: 1949 Code
§ 9103.490).
20.34.015 USES PERMITTED. The following uses shall
be permitted in C -0 Districts:
(a) Multiple dwellings or apartment houses, hotels,
motels, professional offices, clubs.
(b) Retail sales, and wholesale sales when combined with
retail sales of a similar nature; storage therefor
shall be within a building, except for boats.
(c) Accessory uses normally incidental to uses permitted
in the district.
(d) Temporary structures and uses. Regulations are as
specified in Section 20.30.015 of General Controls -
Commercial Districts.
(e) Signs appurtenant to any permitted use. (Ord. 913
(part), 1960: 1949 Code § 9103.491: Ord. 1623 § 6,
1975).
Page 81
C -0 DISTRICT
Chapter 20.34
•
20.34.030 USES REQUIRING USE PERMIT. The following
uses shall be permitted subject to the securing of a use permit
in each case:
(a) Light manufacturing, including repair of boats, and
other uses which in the opinion of the Planning
Commission are of similar nature.
(b) Gasoline service stations, drive -in facilities,
restaurants and outdoor restaurants.
(c) 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 20.30.020 of General Controls -
Commercial Districts.
(d) Signs, other than those appurtenant to any permitted
use. (Ord. 1505 § 5, 1973: Ord. 1380 § 3, 1971: Ord.
1016 (part), 1962: Ord. 913 (part), 1960: 1949 Code
§ 9103.492: Ord. 1623 § 7, 1975).
• 20.34.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area contained in all buildings on a building
site in the C -0 District shall not exceed three times the build-
able area of the site; provided, however, that floor area
devoted to parking within a building shall not be considered
in determining the total floor area allowed; and provided,
further, that in no event shall any building exceed the height
limit specified in Chapter 20.02. (Ord. 1454 § 13, September
11, 1972: prior Ord. 974 (part), 1961: Ord. 913 (part), 1960:
1949 Code § 9103.493').
20.34.030 SITE AREA. A. GENERAL. The Building Site
Area required shall be a minimum of 2,000 square feet. Minimum
building site frontage shall be 25 feet.
B. EACH FAMILY UNIT. For each family unit in any building or
group of buildings, the minimum lot area shall be 800 square
feet.
C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel
or motel, the minimum lot area shall be 300 square feet. (Ord.
974 (part), 1961: Ord. 913 (part), 1960: 1949 Code § 9103.494).
20.34.035 YARDS. A. FRONT YARDS. Except as may be
indicated on the Districting Maps, no front yards shall be
• required; provided, however, that where the frontage in a block
is partially in an R District, the front yard shall be the same
as required in such R District.
C7
Page 82
C -0 DISTRICT
Chapter 20.34
B. SIDE YARDS. For buildings in excess of three stories in
height, which are designed exclusively for uses other than
residential, there shall be a side yard on each side of the
building, beginning with the fourth story, of not less than
five feet. The side yards shall be increased in width a
distance equal to two percent of the average width of lot
for each story in excess of four. In no event, however,
shall a side yard of more than 25 feet be required.
For buildings designed to be used in whole or in part for
residential purposes, there shall be a side yard on each side
of the building, beginning with the first story used in whole
or in part for residential purposes, of not less 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 apply for
the side yard abutting the R District at the ground level for
all buildings.
• C. REAR YARDS. No rear yards shall be required, except where
the rear of a lot abuts on an R District, in which case the
rear yard shall be not less than five feet.
Rear yards abutting on alleys shall have a minimum width of
ten feet. (Ord. 1052 (part), 1963: Ord. 913 (part), 1960:
1949 Code S 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 - street parking
spaces, one of which must be a garage space for each
additional family unit, in any dwelling group of
more than four family units.
• 20.34.055 AUTOMOBILE STORAGE OR PARKING SPACE -
COMMERCIAL USES. Regulations are as specified in Section
20.30.030 of General Controls - Commercial Districts.
20.34.060 REQUIREMENTS
Regulations are as specified in
Controls - Commercial Districts.
Page 83
C -0 DISTRICT
Chapter 20.34
FOR OFF- STREET PARKING.
Section 20.30.045 of General
20.34.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS.
Regulations are as specified in Section 20.30.050 of General
Controls - Commercial Districts.
• C- 1 D I S T R I C T
Chapter 20.35
C -1 DISTRICT
Sections:
Page 84
C -1 DISTRICT
Chapter 20.35
20.35.010 Effect of Chapter.
20.35.015 Uses Permitted.
20.35.020 Uses Requiring Use Permit.
20.35.025 Building Height and Floor Area Limit.
20.35.030 Site Area.
20.35.035 Yards.
20.35.040 Extensions Into Yards.
20.35.045 Dwellings in C -1 Districts - Yards.
20.35.050 Automobile Storage or Parking Space.
20.35.055 Requirements for Off- Street Parking.
20.35.060 Plans and Drawings for Commercial Districts.
•
20.35.010 EFFECT OF CHAPTER. The following regula-
tions shall apply in all C -1 Districts, subject to the pro-
visions of Chapter 20.30. (Ord. 635 (part), 1950: 1949 Code
5 9103.5).
20.35.015 USES PERMITTED. The following uses shall
be permitted in C -1 Districts:
(a) Professional offices, community centers, social
halls, lodges and clubs.
(b) Retail stores and personal service establishments
within a building, including appliance stores,
bakeries (not wholesale), banks, barber shops,
beauty parlors, book stores, department stores,
drug stores, food shops, hardware stores, nurseries,
offices, radio stores, antique shops, shoe shops,
studios, tailor shops, and other uses which in the
opinion of the Planning Commission are of a similar
nature.
(c) Accessory uses 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
accessory buildings shall be allowed only when
constructed concurrent with or subsequent to the
main building.
•
Page 85
C -1 DISTRICT
Chapter 20.35
(d) Temporary structures and uses. Regulations are
as specified in Section 20.30.015 of General Controls -
Commercial Districts.
(e) Signs appurtenant to any permitted use. (Ord. 1016
(part), 1962: Ord. 635 (part), 1950: 1949 Code §
9103.51: Ord. 1623 § 8, 1975).
20.35.020 USES REQUIRING USE PERMIT. The following
uses shall be permitted subject to the securing of a use permit
in each case:
(a) Animal hospitals, auto sales and repair shops, boat
sales, gasoline service stations, marine service
stations, cleaning establishments, laundries, launder-
ettes, mortuaries, outdoor markets, restaurants, outdoor
drive -in and take -out restaurants, drive -in facilities,
wholesale stores, outdoor sales establishments, pet
shops, public garages, trailer courts, theaters, used
car sales lots, and other uses which in the opinion
of the Planning Commission are of a similar nature.
• (b) Handicraft enterprises, including the manufacturing
and repair of household furnishings, clothing,
ceramics, novelties and toys, and uses which in
the opinion of the Planning Commission are of a
similar nature.
(c) Hotels, motels, boarding houses and residential uses.
(d) 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 20.30.020 of General Controls
Commercial Districts.
(e) Signs, other than those appurtenant to any permitted
use, including billboards. (Ord. 1505 § 6, 1973:
Ord. 1380 § 4, 1971: Ord. 1016 (part), 1962: Ord.
635 (part), 1950: 1949 Code § 9103.52: Ord. 1623
§ 99 1975).
20.35.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area contained in all buildings on a buildable
site in a C -1 District shall not exceed two times the buildable
area of the site; provided, however, that floor area devoted to
parking within a building shall not be considered in determining
• the total floor area allowed; and provided, further, that in no
event shall any building exceed the height limit specified in
Chapter 20.02. (Ord. 1454 § 14, 1972: prior Ord. 974 (part),
1961: Ord. 635 (part), 1950: 1949 Code § 9103.53).
Page 86
C -1 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 5 9103.54).
20.35.035 YARDS. A. FRONT YARDS. No front yard
shall be required, except where the frontage in a block is
partially in an R District, in which case the front yard shall
be the same as required in such R District.
B. SIDE YARDS. No side yards shall be required, except where
the side of a lot abuts upon the side of a lot in an R District,
in which case the side yard shall be not less than 5 feet.
C. REAR YARDS. No rear yards shall be required, except where
the rear of a lot abuts on an R District, in which case the rear
yard shall be not less than 5 feet.
Rear yards abutting alleys shall have a minimum width of 10
feet.
D. RESIDENTIAL USES. Yard requirements for residential uses
• shall be established by Use Permit procedure. (Ord. 974 (part),
1961: Ord. 635 (part), 1950: 1949 Code 5 9103.55).
20.35.040 EXTENSIONS INTO YARDS. Regulations are as
specified in Section 20.30.025 of General Controls - Commercial
Districts.
20.35.045 DWELLINGS IN C -1 DISTRICTS - YARDS. Every
building or portion thereof which is designed or used for any
dwelling purpose in any C -1 District shall comply with the
requirements of such appropriate residential district as is
determined by the use to which such C -1 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 -1 District may be
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 D I S T R I C T
Chapter 20.36
C -2 DISTRICT
Sections:
Page 87
C -2 DISTRICT
Chapter 20.36
20.36.010
Effect of Chapter.
20.36.015
Intent and Purpose - Conditions.
20.36.020
Uses Permitted.
20.36.025
Uses Requiring Use Permit.
20.36.030
Building Height Limit.
20.36.035
Site Area.
20.36.040
Yards.
20.36.045
Extensions Into Yards.
20.36.050
Dwellings in C -2 Districts - Yards.
20.36.055
Automobile Storage or Parking Space.
20.36.060
Requirements for Off- Street Parking.
20.36.065
Plans and Drawings for Commercial Districts.
20.36.010 EFFECT OF CHAPTER. The following regula-
tions shall apply in all C -2 Districts, subject to the provi-
sions of Chapter 20.30. (Ord. 635 (part), 1960: 1949 Code
9103.6).
20.36.015 INTENT AND PURPOSE - CONDITIONS. Uses
permitted in the C -2 District shall be planned, developed and
operated in such a manner that noise, smoke, dust, odor and
waste of any kind is confined and /or purified so as to control
pollution of air, soil and water to meet the standards or
requirements of the Planning Commission, and in such a manner
to eliminate any detrimental effect to public health, safety
and welfare and be in harmony with objectives of the planning
of this City.
The Planning Commission may designate such conditions as it
deems necessary to secure the purposes of this section and may
require such guarantees and evidence that such conditions are
being or will be complied with. (Ord. 845 (part), 1958: 1949
Code 4 9103.60).
20.36.020 USES PERMITTED. The following uses shall
be permitted in the C -2 Districts:
• (a) Professional offices; community centers; social
halls and clubs.
•
Page 88
C -2 DISTRICT
Chapter 20.36
(b) Retail stores; wholesale stores; wholesale bakeries;
research laboratories and institutes; laundries; and
storage within a building.
(c) The following uses, when conducted within a building
or enclosed by a solid board or masonry fence at
least six feet in height in each case: Creameries;
bottling works; building material yards; contractors
yards; fuel yards; machine shops; storage of goods
and materials; and other uses which in the opinion
of the Planning Commission are of a similar nature.
(d) Accessory uses 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
accessory buildings shall be allowed only when
constructed concurrent with or subsequent to the
main building.
(e) Temporary structures and uses. Regulations are as
specified in Section 20.30.015 of General Controls -
Commercial Districts.
• (f) Signs appurtenant to any permitted use. (Ord. 1152
(part), 1966: Ord. 901 (part), 1959: Ord. 635 (part)
1949 Code § 9103.61).
20.36.025 USES REQUIRING USE PERMIT. Uses permitted,
subject to first securing a Use Permit in each case:
(a) Dry cleaning plants, lumber yards, light manufactur-
ing, including the manufacture and repair of boats,
clothing, novelties and toys, gasoline service
stations, drive -in facilities, restaurants, outdoor,
drive -in and take -out restaurants, and uses which in
the opinion of the Planning Commission are of a
similar nature.
(b) Hotels, motels, residential uses, trailer courts,
and houseboat marinas.
(c) 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 20.30.020 of General Controls
Commercial Districts.
(d) Signs, other than those appurtenant to any permitted
use. (Ord. 1505 § 7, 1973: Ord. 1380 § 5, 1971: Ord.
1152 (part), 1966: Ord. 1037 (part), 1963: Ord. 635
(part), 1950: 1949 Code 1 9103.62).
Page 89
C -2 DISTRICT
Chapter 20.36
20.36.030 BUILDING HEIGHT LIMIT. The building height
limit shall be as specified in Chapter 20.02. (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 minimum of 2,000 square feet.
Minimum building site frontage shall be 25 feet. (Ord. 635
(part), 1950: 1949 Code § 9103.64).
20.36.040 YARDS. A. FRONT YARDS. No front yards
shall be required, except where the frontage in a block is
partially in an R District, in which case the front yard shall
be the same as required in such R District.
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 DISTRICTS - YARDS. Every
building or portion thereof which is designed or used for any
dwelling purpose in any C -2 District 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.
•
•
•
Page 90
C -2 DISTRICT
Chapter 20.36
20.36.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS.
Regulations are as specified in Section 20.30.050 of General
Controls - Commercial Districts.
u
•
Chapters:
20.40
20.41
20.42
PART IV: INDUSTRIAL DISTRICTS
General Controls - Industrial Districts
M -1 District
M -1 -A District
Ll
•
G E N E R A L C O N T R O L S -
- — — — — — — — — — — — — — — —
I — — — — — — — — — — — — — — — — — — S
—
Chapter 20.40
GENERAL CONTROLS - INDUSTRIAL DISTRICTS
Sections:
Page 91
GENERAL CONTROLS
INDUSTRIAL
Chapter 20.40
20.40.010 Effect of Chapter.
20.40.015 Temporary Structures and Uses.
20.40.020 Uses Requiring Use Permit.
20.40.030 Requirements for Off- Street Parking.
20.40.035 Plans and Drawings for "M" Districts
20.40.010 EFFECT OF CHAPTER. The general controls
contained in this Chapter shall apply to all developments in
Industrial Districts.
20.40.015 TEMPORARY STRUCTURES AND USES. A. INTENT
AND PURPOSE. The intent and purpose of this Section is to
establish procedures whereby the Director of Community Develop-
ment or the Planning Commission may approve reasonable requests
for interim or temporary uses of land or buildings when said
uses are consistent with the City's General Plan and the health,
safety, peace, comfort and general welfare of persons residing
or working in the neighborhood and not violative of any other
ordinances and regulations of the City.
B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The
Director of Community Development may authorize the temporary
use of structures and land in any Industrial 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.
C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The
• Planning Commission may authorize the temporary use of structures
and land in any Industrial District for periods of time in excess
of 90 days subject to the securing of a use permit in each case.
In approving said use permit the Planning Commission may impose
Page 92
GENERAL CONTROLS
INDUSTRIAL
• Chapter 20.40
whatever conditions they deem necessary to assure that the
purpose and intent of this Section is carried out and shall
establish a specific point in time when said permit is to be
terminated and the site restored.
D. TEMPORARY REAL ESTATE SIGNS AND STRUCTURES. The Director
of Community Development may approve temporary signs and tempor-
ary tract and sales offices for the first sale of structures
and /or lots in any district for a period of time not to exceed
one year following the recordation of the final subdivision
map.
E. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The
Director of Community Development and the Planning Commission
may authorize extensions of time subject to the procedures
specified above.
(Ord. 1591 § 1, 1974; 1949 Code § 9105.10) added by Ord. 1130;
1965) .
20.40.020 USES REQUIRING USE PERMIT. The following
• uses shall be permitted in any industrial district subject to
the securing of a Use Permit:
(a) Recreational establishments, including: circuses,
carnivals, amusement parks, fun zones, open air
theaters, race tracks, private recreation centers,
or other similar establishments.
(b) 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
buildings, senior citizen housing facilities (where
residency is limited to elderly persons), and munici-
pally- operated parking lots.
(c) Parking automobiles on roofs.
(d) Removal of earthen materials. No permit shall be
required for normal grading or landscaping on lots
of record.
(e) Heliports and helistops. No helicopter shall land
or take off and no heliport or helistop shall be
established in any M District unless a Use Permit
shall first have been secured for the establishment,
• maintenance, and operation of such use. The Community
Development 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
Page 93
GENERAL CONTROLS
INDUSTRIAL
• Chapter 20.40
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.
(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 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).
20.40.030 REQUIREMENTS FOR OFF- STREET PARKING
A. APPLICABILITY. The requirements of this Section and any
off - street parking standards adopted by the City Council shall
apply to the following:
(1) All off - street parking lots and areas hereafter
developed which are required by this Title.
is (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 for
markings and other devices deemed necessary to 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, a
wall shall be constructed along such boundaries in such a
manner as will provide protection to the public and owners
and occupants of adjoining property from noise, exhaust fumes,
automobile lights, and other similar sources of disturbance.
Such wall shall be constructed of solid masonry to a height
of 3 feet from the front of the property to a depth equal to
the required front yard setback established for adjoining
property in a residential district. The remaining portion
of the wall shall be 6 feet in height, the lower 4 feet of
• which must be of solid masonry construction.
C. PLOT PLAN. A plot plan of any proposed parking lot or
parking area shall be submitted to the Community Development
Director for approval. The plot plan shall show the layout
of parking spaces, aisles, walls, and other requirements set
Page 94
GENERAL CONTROLS
INDUSTRIAL
• Chapter 20.40
forth in this Section and in the off - street parking standards.
If the proposed parking lot or parking area as shown on the plot
plan meet the requirements, the Director shall endorse his
written approval on the plan and retain a copy thereof. If
the proposed plot plan does not meet the requirements of this
Section, the Director shall return the plan to the applicant,
together with a written statement setting forth the deficiencies
in the plan, within ten calendar days after the submission of
the plan to the Director. The parking lot or parking area shall
be developed and 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 compliance
with the requirements of this Section impractical and will
result in hardship, the Planning Commission, upon application,
may waive such requirements of this Section and the off- street
parking standards as are necessary to permit development of
the parking lot or parking area so long as the waiver does
not create an unsafe condition or a condition which is detri-
mental to surrounding property. (1949 Code § 9105.51 added
by Ord. 1031; March 25, 1963).
• 20.40.035 PLANS AND DRAWINGS FOR "M" DISTRICTS.
A. In case an application is made for a permit for any building
or structure in any M District, the application shall be accom-
panied 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 Commis-
sion 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. (Ord. 845, 1958:
Ord. 635, 1950: 1949 Code § 9105.6(a)).
B. ARCHITECTURAL COMMITTEE - APPOINTMENT AND MEMBERSHIP. The
Planning Commission may 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. AUTHORITY OF ARCHITECTURAL COMMITTEE - STANDARDS. The
Architectural Committee shall have authority to approve architec-
tural 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,"
Page 95
GENERAL CONTROLS
INDUSTRIAL
• Chapter 20.40
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 thirty days after such action appeal in
writing to the Planning Commission. The Architectural Committee
may, if it deems advisable, refer any application for architec-
tural 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 Plan-
ning Commission or by the City Council in the event of appeal
from the Planning Commission, and all buildings, structures and
rounds shall be in accordance with the drawings and sketches.
Ord. 845, 1958: Ord. 635, 1950: 1949 Code § 9105.6(f)).
•
is
•
•
M- 1 D I S T R I C T
Chapter 20.41
M -1 DISTRICT
Sections:
Page 96
M -1 DISTRICT
Chapter 20.41
20.41.010
Effect of Chapter.
20.41.015
Intent and Purpose.
20.41.020
Uses Permitted.
20.41.025
Uses Requiring Use Permit.
20.41.030
Prohibited Uses.
20.41.035
Building Height and Floor Area Limit.
20.41.040
Yards.
20.41.050
Requirements for Off- Street Parking.
20.41.055
Dwellings in "M" Districts - Yards.
20.41.060
Plans and Drawings for "M" Districts.
20.41.010 EFFECT OF CHAPTER. The following regulations
shall apply in all M -1 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 -1 District shall be planned, developed and
operated in such a manner that noise, smoke, dust, odor and
waste of any kind is confined and /or purified so as to control
pollution of air, soil and water to meet the standards or
requirements of the Planning Commission, and in such a manner
to eliminate any detrimental effect to public health, safety
and welfare and be in harmony with objectives of the planning
of this City.
The Planning Commission may designate such conditions as it
deems necessary to secure the purposes of this section and may
require such guarantees and evidence that such conditions are
being or will be complied with. (Ord. 845 (part), 1958: 1949
Code § 9103.70).
20.41.020 USES PERMITTED. The following uses shall
be permitted in the M -1 Districts:
(a) Wholesale bakeries; creameries; bottling works;
building material yards; contractors yards; fuel
yards; machine shops; lumber yards; building and
repair of boats; research laboratories and insti-
tutes; instrument manufacturing; fabrication of
plastic products; furniture upholstering; storage,
Page 97
M -1 DISTRICT
Chapter 20.41
• including storage of cement and lime incidental to a
retail or wholesale business; manufacturing uses;
and any other uses which, in the opinion of the
Planning Commission are of similar nature, but under
the same limitations and restrictions specified in
sections governing same.
(b) Accessory uses and buildings where such uses or build-
ings are incidental to and do not alter the character
of the premises in respect to their use for purposes
permitted in the district. Such accessory buildings
shall be allowed only when constructed concurrent
with or subsequent to the main building.
(c) Temporary structures and uses. Regulations are as
specified in Section 20.40.015 of General Controls -
Industrial Districts.
(d) Signs appurtenant to any permitted use. (Ord. 1441
§ 1, 1972: prior Ord. 1152 (part), 1966: Ord. 635
(part), 1950: 1949 Code § 9103.71).
20.41.025 USES REQUIRING USE PERMIT. The following
• uses shall be permitted subject to the securing of a use permit
in each case:
(a) Gasoline service stations; houseboat marinas; and
fish smoking, curing or freezing.
(b) Professional offices, restaurants, outdoor, drive -in
and take -out restaurants.
(c) Commercial uses including but not limited to retail
and wholesale stores; cartography; bookbinding;
printing; lithography; editorial and designing;
laundries; dry cleaning plants; and any other uses
which in the opinion of the Planning Commission are
of a similar nature; provided, however, that the
following exceptions shall apply to structures and
uses which are in existence on the effective date
of this section:
1. The lawful use of land or buildings in the M -1
District which do not meet the requirements of
this subsection may be continued or changed to a
use which would require the same or less on -site
parking according to the standards established
in Section 20.30.035 without compliance with the
• requirements of this subsection.
Page 98
M -1 DISTRICT
Chapter 20.41
2. Any existing structure may be repaired, altered
or remodeled, without complying with the require-
ments of this subsection.
3. Any existing structure or use may be enlarged
by not more than 10% of its original gross area
in any one 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.
(e) Signs, other than those appurtenant to any permitted
use, including billboards. (Ord. 1505 § 8, 1973:
Ord. 1441 § 2, 1972: prior Ord. 1380 § 6, 1971: Ord.
1152 (part), 1965: Ord. 1037 (part), 1963: Ord. 635
(part), 1950: 1949 Code § 9103.72).
20.4T.030 PROHIBITED USES. The following uses are
• prohibited in M -1 Districts:
Autowrecking, fish canneries and /or reduction grinding and
processing plants; drilling for and /or removal of oil, gas,
or other hydrocarbon materials; distillation of bones; dumping,
disposal, incineration or reduction 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 slaugh-
ter of animals, refining of petroleum or its products, smelting
of iron, tin, zinc, or other ores; junk yards, hog raising, bag
manufacture or cleaning, blast furnace or boiler works, brew-
eries, 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), 1958: Ord. 635 (part), 1950: 1949 Code § 9103.73).
20.41.035 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area contained in all buildings on a building
site in an M -1 District shall not exceed three times the build-
able area of the site; provided, however, that floor area
devoted to parking within a building shall not be considered
in determining the total floor area allowed; and provided,
further, that in no event shall any building exceed the height
• limit specified in Chapter 20.02. (Ord. 1454 § 17, September
11, 1972: prior Ord. 974 (part), 1961: Ord. 635 (part), 1950:
1949 Code § 9103.74).
Page 99
M -1 DISTRICT
Chapter 20.41
•
20.41.040 YARDS. A. FRONT YARD. No front yard
shall be required, except where the frontage in a block is
partially in an R District, in which case the front yard shall
be the same as required in such R District.
B. SIDE YARD. No side yard shall be required, except where
the side of a lot abuts upon the side of a lot in an R District,
in which case the side yard shall be not less than 5 feet.
C. REAR YARD. No rear yard shall be required, except where
the rear of a lot abuts on an R District, in which case the
rear yard shall be not less than 10 feet wide.
Rear yards abutting on alleys shall have a minimum of 10 feet.
(Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code
4 9103.75).
20.41.050 REQUIREMENTS FOR OFF- STREET PARKING.
Regulations are as specified in Section 20.40.030 of General
Controls - Industrial Districts.
20.41.055 DWELLINGS IN "M" DISTRICTS - YARDS. Every
building or portion thereof which is designed or used for any
is dwelling purpose in any "M" District shall comply with the require-
ments of such appropriate residential district as is determined
by the use to which such "M" 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" District
may be applied to the ground floor only.
20.41.060 PLANS AND DRAWINGS FOR "M" DISTRICTS.
Regulations are as specified in Section 20.40.035 of General
Controls - Industrial Districts.
•
•
is
M- 1- A D I S T R I C T
Chapter 20.42
M -1 -A DISTRICT
Sections:
Page 100
M -1 -A DISTRICT
Chapter 20.42
20.42.010
Effect of Chapter.
20.42.015
Intent and Purpose.
20.42.020
Uses Permitted.
20.42.025
Uses Requiring Use Permit.
20.42.030
Floor Area.
20.42.035
Site Area.
20.42.040
Yards.
20.42.045
Off- Street Parking.
20.42.050
Manufacturing and Storage Areas.
20.42.055
Street Right -of -Way.
20.42.060
Requirements for Off- Street Parking.
20.42.065
Dwellings in "M" District - Yards.
20.42.070
Plans and Drawings for "M" Districts
20.42.010 EFFECT OF CHAPTER. The following regula-
tions shall apply in all M -1 -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 -1 -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 -1 -A District shall be planned, developed,
conducted and operated in such a manner that noise, smoke, dust,
odor and waste of any kind is confined and /or purified so as to
control pollution of air, soil or water to meet the standards
or requirements of the Planning Commission and in such a manner
as to eliminate any detrimental effect to the public health,
safety and welfare and be in harmony with the objectives of the
general planning.
B. CONDITIONS. The Planning Commission may designate such
• conditions as it deems necessary to fulfill the purpose of
this Chapter and may require such guarantee and evidence that
such conditions are being or will be complied with. (Ord. 804
(part), 1956: 1949 Code 9 9103.9(A,B)).
is
Page 101
M -1 -A DISTRICT
Chapter 20.42
20.42.020 USES PERMITTED. The following uses shall
be permitted in M -1 -A Districts:
(a) Administrative and professional offices; residences
for watchmen or custodians employed on site; employees
cafeterias or auditoriums; research laboratories and
institutes; wholesale stores; machine shops; light
manufacturing; furniture upholstering; electrical
and electronic products and instruments manufacturing;
cartography; bookbinding; printing and lithography;
fabrication of plastic products; storage warehouse,
excluding inflammable materials and truck terminals;
editorial and designing.
(b) Accessory uses and buildings where such uses or
buildings are incidental to and do not alter the
character of the premises in respect to their use for
purposes permitted in the district. Such accessory
buildings shall be allowed only when constructed
concurrent with or subsequent to the main building.
(c) Temporary structures and uses. Regulations are as
specified in Section 20.40.015 of General Controls -
• Industrial Districts.
(d) Signs appurtenant to any permitted use, located on
property of use. (Ord. 1152 (part), 1966: Ord. 901
(part), 1959: Ord. 804 (part), 1956: 1949 Code 5
9103.91).
20.42.025 USES REQUIRING USE PERMIT. The following
uses shall be permitted, subject to the securing of a Use Permit
in each case:
(a) Furniture manufacturing, assembling and construction
of paper products with finished paper stock, garment
manufacturing, building and repairing of boats within
a building, laundry and dry cleaning plants, gasoline
service stations, drive -in facilities, manufacture of
novelties, toys and small appliances, building material
yards, contractors yards, restaurants, outdoor, drive -
in, and take -out restaurants, medical and dental offices
and clinics, other uses which in the opinion of the
Planning Commission are comparable and similar in
character with the above uses.
(b) 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.
i
Page 102
M -1 -A DISTRICT
Chapter 20.42
20.42.030 FLOOR AREA. The total gross floor area
contained in all buildings on a building site in an M -1 -A
District shall not exceed three times the buildable area of
the site; provided, however, that floor area devoted to park-
ing within a building shall not be considered in determining
the total floor area allowed; and provided, further, that in
no event shall any building exceed the height limit specified
in Chapter 20.02. (Ord. 1454 § 18, September 11, 1972: rior
Ord. 974 (part), 1961: Ord. 804 (part), 1956: 1949 Code
9103.93).
20.42.035 SITE AREA. The buildin 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 pro-
perty line and extending across the property from the side
lines 15 feet deep, measured from the front property line,
shall be provided. The property front yard area shall be
• appropriately landscaped and maintained except for area required
for walkways and driveways for ingress and egress to the pro-
perty. The walkways and driveways shall not use more than
forty percent (40 %) of this front yard area.
C. SIDE YARDS. Building sites fronting on one street and
having a side property line adjacent to a side street shall
provide a yard area 15 feet wide, measured from the side pro-
perty line and extending from the front property line to the
rear property line. The side yard shall be appropriately
landscaped and maintained except for areas required for walk-
ways and driveways for ingress and egress to the property.
The walkways and driveways shall not use more than forty percent
(40 %) of this side yard area.
D. ZONE SEPARATION AREA. In cases where a street or alley
does not exist to separate this zone from any other more
restrictive zone, a zone separation area 10 feet wide and
extending the entire distance the zones adjoin each other
shall be provided. The zone separation area shall be appro-
priately landscaped and maintained. (Ord. 804 (part), 1956:
1949 Code 5 9103.95).
20.42.045 OFF- STREET PARKING. Off- street parking and
loading on the building site shall be required in M -1 -A Districts
according to the following formula:
(a) A minimum of one parking space shall be provided for
each 350 square feet of gross floor area in any
building.
Page 103
M -1 -A DISTRICT
Chapter 20.42
(b) Location and layout of off - street parking shall be
approved by the Architectural Control Committee.
(c) All loading and unloading operations and parking
of trucks shall be provided for and performed on
the premises. (1949 Code 4 9103.96 added by Ord.
804; November 13, 1956 as amended by Ord. 1025;
January 28, 1963).
20.42.050 MANUFACTURING AND STORAGE AREAS. All
manufacturing and fabrication operations shall be conducted
within buildings. All equipment and material storage areas
shall be screened by solid walls, fences, or by adequate
plantings of not less than 6 feet in height. (1949 Code
S 9103.97 added by Ord. 804; November 13, 1956).
20.42.055 STREET RIGHT -OF -NAY. All dedicated streets
within or bordering this M -1 -A District shall have a minimum
right -of -way 60 feet in width. (1949 Code § 9103.98 added by
Ord. 804; November 13, 1956).
20.42.060 REQUIREMENTS FOR OFF- STREET PARKING.
Regulations are as specified in Section 20.40.030 of General
' Controls - Industrial Districts.
20.42.065 DWELLINGS IN "M" DISTRICTS - YARDS. Every
building or portion thereof which is designed or used for any
dwelling purpose in any M -1 -A District shall comply with the
requirements of such appropriate residential district as is
determined by the use to which such 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 or manufacturing
purpose. The yard provisions specified for such M -1 -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.
•
•
PART V: SPECIAL PLANNING DISTRICTS
Chapters:
20.50 Planned Residential Development
20.51 Planned Community District
20.52 Open Space District
20.53 "U" District
•
•
is
P L A N N E D
Sections:
R R R I D R R T i L L
Chapter 20.50
Page 104
PLANNED RESIDENTIAL
DEVELOPMENT
Chapter 20.50
QEVEQQEtIfI
PLANNED RESIDENTIAL DEVELOPMENT
20. 50.010
20. 50.020
20. 50.030
20. 50.040
20. 50.050
20.50.060
20.50.070
20.50.080
20. 50.090
20. 50.100
20.50.110
20.50.120
20.50.130
20.50.140
20.50.150
20. 50.160
20. 50.170
Intent and Purpose.
Use Permit Required.
Application for Permit.
Application Contents.
Relocation of Structures in
Land Area Required.
Dwelling and Uses Permitted.
Perimeter of Public Streets
Conformance to Master Plan.
Maximum Building Coverage.
Common Area.
Partial Waiver.
Minimum Land Area Per Dwelling Unit.
Minimum Floor Area.
Building Height.
Yards and Open Spaces.
Off- Street Parking.
Reports from Fire and Public Works Departments.
Conformance Requisite to Building Permit
Issuance.
20.50.010 INTENT AND PURPOSE. A planned residential
development is a development planned and designed as a unit to
produce an environment of stable, desirable character not out
of harmony with its surrounding neighborhood and which meets
standards of density, open space, light and air, pedestrian
and vehicular access, and traffic circulation similar to the
regulations of this Title for the R Districts in which such
develo ment is to be located. (Ord. 955, 1961: 1949 Code §
9108. 1.
20.50.020 USE PERMIT REQUIRED. Planned residential
developments may be permitted in any R District when a Use
Permit is first secured for each such development. Such Use
Permit shall be subject to the regulations and requirements
of this Chapter and notwithstanding the provisions of Chapter
20.10 shall be processed in accordance with the terms of this
section. (1949 Code ! 9108.2(a) added by Ord. 955; April 10,
1961).
Page 105
PLANNED RESIDENTIAL
DEVELOPMENT
•
Chapter 20.50
20.50.030 APPLICATION FOR PERMIT. A. FEE. Any
application for a Use Permit under the provisions of this
chapter shall be accompanied by a fee of Seven Hundred Fifty
Dollars ($750).
B. PROCESSING. Such application shall be processed by the
Planning Commission and transmitted to the City Council with a
recommendation for its approval or disapproval and by any
conditions the Planning Commission feels should be imposed.
The City Council may approve, disapprove or refer the same
back to the Planning Commission for further processing. Any
such permit is subject to the final approval of the City Council.
(1949 Code § 9108.2(b,c) added by Ord. 935 and amended by Ord.
1272; September 10, 1968).
20.50.040 APPLICATION CONTENTS. An application for
a planned residential development shall be in the form of an
application for Use Permit and shall be accompanied by the
following information, maps and plans:
(a) A boundary survey map of the real property; a
tentative subdivision map may be substituted if
• the applicant proposes to subdivide the property.
(b) Topography of the development area and the proposed
finished grade shown in contour intervals of not to
exceed 2 feet upon request of the Planning Department.
(c) The gross land area of the development, the present
zoning classification thereof, and the zoning classi-
fication and land use of the area surrounding the
proposed development, including the location of
structures and other improvements.
(d) A general development plan with at least the follow-
ing details shown to scale and dimensioned:
1. Location of each existing and each proposed
structure in the development area, the use
or uses to be contained therein, the number
of stories, gross building and floor areas,
approximate location of entrances and loading
points thereof.
2. All streets, curb cuts, driving lanes, parking
areas, loading areas, public transportation
points, and illumination facilities for the
• same.
3. All pedestrian walks, malls and open areas for
the use of occupants and members of the public.
Page 106
PLANNED RESIDENTIAL
DEVELOPMENT
•
Chapter 20.50
4. Location and height of all walls, fences and
screen planting, including a detailed plan for
the landscaping of the development and the
method by which such landscaping is to be
accomplished.
5. Types of surfacing, such as paving, turfing or
gravel to be used at the various locations.
6. A grading plan of the area.
(e) Plans and elevations of one or more structures to
indicate architectural type and construction
standards.
(f) A verified petition for a change in zoning classi-
fication in accordance with Section 20.84.020, if such
change in zoning classification is required to make
such development conform to the Master Plan.
(g) Such other information as may be required by the
City to assist in the consideration of the proposed
• development. (1949 Code 9 9108.13 added by Ord. 955;
April 10, 1961).
20.50.050 RELOCATION OF STRUCTURES IN COMMON AREA.
After final approval of any Use Permit for a planned residential
development by the City Council, the Community Development Director
shall be authorized to approve the relocation of fences, walls,
swimming pools, community buildings, utility buildings and facil-
ities, and off - street parking areas located within an open space
or recreational lot provided for the use and benefit of the family
dwelling units in the development. (1949 Code S 9108.131 added
by Ord. 1114; January 26, 1965).
20.50.060 LAND AREA REQUIRED. A planned residential
development shall have sufficient land area to meet the
objectives set forth in Section 20.50.010. (1949 Code §
9108.3 added by Ord. 955; April 10, 1961).
20.50.070 DWELLING AND USES PERMITTED. A. R -1 DISTRICT.
Only single - family dwellings, and accessory uses and buildings
normally incidental thereto, shall be permitted in an R -1 District.
B. R -2 DISTRICT. Only single - family dwellings, two- family or
duplex dwellings, or any combination thereof, and accessory
uses and buildings normally incidental thereto, shall be
• permitted in R -2 Districts.
Page 107
PLANNED RESIDENTIAL
• DEVELOPMENT
Chapter 20.50
C. R -3 and R -4 DISTRICTS. Only single - family dwellings, two -
family or duplex dwellings, multiple or apartment dwellings,
or any combination thereof as approved by the Planning Commis-
sion, and accessory uses and buildings normally incidental
thereto, shall be permitted in an R -3 or R -4 District.
D. INSTITUTIONS AND SOCIAL ACTIVITIES. Community centers,
social halls, lodges, clubs, private recreational centers,
churches, schools, yacht clubs, and parks and playgrounds may
be permitted in a planned residential development in any R
district. All uses or buildings other than those specified
herein shall be prohibited. (1949 Code § 9108.4 added by
Ord. 955; April 10, 1961).
20.50.080 PERIMETER OF PUBLIC STREETS - PARTIAL WAIVER.
A planned residential development shall be bounded on all sides
by public streets.
A partial waiver of this requirement may be permitted when it
is found and determined that such partial waiver will not be
inconsistent with adequate standards of pedestrian and vehicular
access and traffic circulation for the development and for the
• area in which the development is located. (1949 Code § 9108.5
added by Ord. 955; April 10, 1961).
20.50.090 CONFORMANCE TO MASTER PLAN. All planned
residential developments shall conform to the Master Plan of
the City of Newport Beach, and no such development shall be
approved unless such development does conform to the Master
Plan. (1949 Code § 9108.6 added by Ord. 955; April 10, 1961).
20.50.100 MAXIMUM BUILDING COVERAGE. The maximum
building coverage for the development shall not exceed forty
percent (40 %) of the land area being developed, exclusive of
land area being set aside for the rights -of -way of public or
private streets and alleys. (1949 Code § 9108.7 added by
Ord. 635; December 12, 1950 as amended by Ord. 1001; May 14,
1962).
20.50.110 MINIMUM LAND AREA PER DWELLING UNIT. The
minimum land area for each family dwelling unit, exclusive of
land area being set aside for the rights -of -way of public or
private streets and alleys, shall be not less than that
required for the district or districts in which such develop-
ment is to be located. (1949 Code § 9108.8 added by Ord. 635;
December 12, 1950 as amended by Ord. 1001; May 14, 1962).
• 20.50.120 MINIMUM FLOOR AREA. There shall be a
minimum floor living area of 1,000 square feet for each family
dwelling unit in an R -1 or R -2 District, and there shall be a
minimum floor living area of 600 square feet for each family
Page 108
PLANNED RESIDENTIAL
DEVELOPMENT
Chapter 20.50
dwelling unit in an R -3 or R -4 District. Garage space shall
not be included in measuring this requirement. (1949 Code §
9108.9 added by Ord. 955; April 10, 1961).
20.50.130 BUILDING HEIGHT. The maximum building
heights shall be designated in the Use Permit, but shall in
no event exceed the building height limits specified in
Chapter 20.02. (Ord. 1454 § 21, September 11, 1972: prior
1949 Code § 9108.10 added by Ord. 955; April 10, 1961).
20.50.140 YARDS AND OPEN SPACES. The front and rear
yards and open spaces between buildings shall be designated in
the Use Permit. (1949 Code § 9108.11 added by Ord. 955;
April 10, 1961).
20.50.150 OFF - STREET PARKING. The off - street parking
requirements for each such development shall be as follows:
(a) Two covered parking spaces for each family dwelling
unit in the development.
(b) There shall also be required for the use of visitors
• and guests at least two additional parking spaces for
each family dwelling unit in the development. Such
parking spaces may be uncovered and shall be so
located as to-be accessible to such visitors and
guests. This requirement for additional parking
for visitors and guests shall be waived to the extent
that the Planning Commission determines that there is
an equivalent number of parking spaces available
to serve the project when on- street parking spaces
and parking spaces in private driveways are taken
into consideration.
(c) The required parking spaces or any portion thereof
may be grouped when it is found and determined that
such grouping or parking spaces and the location
thereof will be accessible and useful in connection
with the proposed dwelling units in the development.
(1949 Code § 9108.12 added by Ord. 635; December 12,
1960 as amended by Ord. 1114; January 25, 1965).
20.50.160 REPORTS FROM FIRE AND PUBLIC WORKS DEPART-
MENTS. The application and accompanying information, maps,
and plans shall be submitted to the Fire Department and Public
Works Department and written recommendations in connection
therewith shall be supplied by those departments before final
• action is taken on such development. (1949 Code § 9108.14
added by Ord. 955; April 10, 1961).
Page 109
PLANNED RESIDENTIP
DEVELOPMENT
Chapter 20.50
20.50.170 CONFORMANCE REQUISITE TO BUILDING PERMIT
ISSUANCE. The Department of Community Development shall insure
that a planned residential development is undertaken and
completed in conformance with the approved plans and the terms
and conditions of the Use Permit for such development. No
building permit shall be issued for any construction or develop-
ment which does not conform to such plans, terms, and conditions.
(1949 Code 4 9105.15 added by Ord. 955; April 10, 1961).
•
•
P L A N N E D
Sections:
C O M M U N I T Y
Chapter 20.51
Page 110
PLANNED COMMUNITY
DISTRICT
Chapter 20.51
D I S T R I C T
PLANNED COMMUNITY DISTRICT
20.51.010
Effect of Chapter.
20.51.015
Intent and Purpose.
20.51.020
General Requirements.
20.51.025
Uses Permitted.
20.51.027
Uses Requiring Use Permit.
20.51.030
Temporary Structures and Uses.
20.51.035
Application Procedure.
20.51.040
Development Plan.
20.51.045
Amendments to Development Plan.
20.51.050
Commencement of Construction.
20.51.055
Application for Use Permit Development.
20.51.060
Conformance Requisite to Building Permit
Issuance.
20.51.010 EFFECT 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).
2D.51.015 INTENT AND PURPOSE. The purpose of these
regulations is to provide for the classification and develop-
ment of parcels of land as coordinated, comprehensive projects
so as to take advantage of the superior environment which can
result from large -scale community planning.
The regulations of this district are intended to allow diversi-
fication of land uses as they relate to each other in a physical
and environmental arrangement while insuring substantial compli-
ance with the spirit, intent and provisions of this Code.
This district is designed to include various types of land uses,
such as single- family residential developments, multiple housing
• developments, professional and administrative areas, commercial
centers, industrial parks or any public or quasi - public use or
combination of uses, through the adoption of a Development Plan
and text materials which set forth land use relationships and
development standards. (Ord. 1523 § 1 (part), 1973: prior Ord.
1240 § 1 (part), 1968).
Pa 111
PLRNNED COMMUNITY
DISTRICT
' Chapter 20.51
20.51.020 GENERAL REQUIREMENTS. The following pro-
visions shall apply to all P -C Districts:
(a) The entire parcel for which an application for classi-
fication of land to P -C is filed must be within one
ownership, or the application must be made by or with the
written authorization for such action on behalf of all
property owners concerned, unless such action is initiated
by the City.
(b) P -C Districts shall be established, amended or removed
from the Districting Map of the City of Newport Beach
in the manner prescribed in Chapter 20.84, as amended,
and subject to appeal procedures as prescribed in
Chapter 20.85, as amended.
(c)
An application for a zone change to permit the establish-
ment of a P -C District pursuant to the provisions of
Chapter 20.84 of this Code shall include and be
accompanied by a Development Plan for the entire pro-
perty, as prescribed by Sections 20.51.060 and 20.51.070
of this Code; or an application may be initiated by
either the City Council or the Planning Commission, and
may be processed without a Development Plan, provided
'
that said plan shall be subsequently prepared, as pre-
scribed by Sections 20.51.050 and 20.51.060 of this Code,
and shall be adopted as prescribed in Chapter 20.84 of
this Code prior to the issuance of any permits for
development, expansion or redevelopment.
(d)
If ambiguity exists as to the specific dimensions or
extent of any designated area on the Development Plan,
the specific boundaries shall be set by the filing of
a legal description and map of the parcel proposed for
development in conjunction with the filing for construction
permits.
(e)
The Community Development Director, after reviewing the
application for a P -C District, shall determine if a
use permit application will be required for any part of
the application to be processed under the Development
Plan.
(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-
•
•
Page 112
PLANNED
DISTRICT
Chapter
COMMUNITY
20.51
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 6 1 (part),
1973: Ord. 1240 § 1 (part), 1968).
20.51.025 USES PERMITTED. The following use of land
shall be permitted in P -C Districts:
(a) Those land uses permitted by the City's General Plan
at or below a density or intensity prescribed by the
General Plan.
(b) Grading shall be permitted within a P -C District
outside of a sector of immediate development subject
to the securing of a grading permit.
(c) 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.
(d) Where existing land uses have
Use Permit prior to the adopt
said uses are to be retained,
or subsequently amended shall
Development Plan. (Ord. 1523
Ord. 1240 § 1 (part), 1968).
been established by a
ion of a P -C District and
the Use Permit as approved
constitute the required
§ 1 (part), 1973: prior
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.
(a) Recreational establishments, including: circuses,
carnivals, amusement parks, fun zones, open air
theaters, race tracks, private recreation centers,
or other similar establishments.
(b) 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 113
PLANNED COMMUNITY
DISTRICT
Chapter 20.51
buildings, senior citizens housing facilities (where
residency is limited to elderly persons), and
municipally- operated parking lots.
(c) Parking automobiles on roofs.
(d) Removal of earthen materials. No permit shall be
required for normal grading or landscaping on lots
of record.
(e) Heliports and helistops. No helicopter shall land or
take off and no heliport or helistop shall be establish-
ed in any P -C District unless a Use Permit shall first
have been secured for the establishment, maintenance,
and operation of such use. The Community Development
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.
(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 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).
20.51.030 TEMPORARY STRUCTURES AND USES. A. Intent
and Pur o_se�. The intent and purpose of this section is to
establish procedures whereby the Director of Community Develop-
ment or the Planning Commission may approve reasonable requests
for interim or temporary uses of land or buildings when said
uses are consistent with the City's General Plan and the health,
safety, peace, comfort and general welfare of persons residing
or working in the neighborhood and not violative of any other
ordinances and regulations of the City.
Page 114
PLANNED COMMUNITY
DISTRICT
Chapter 20.51
• B. Tem orar Uses and Structures Not to Exceed 90 Days. The
Director o 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 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 as such time as the use is terminated.
C. Temporary Uses and Structures in Excess of 90 Days. The
Planning Commission may authorize the temporary use of struc-
tures and land in any Planned Community District for periods
of time in excess of 90 days subject to the securing of a use
permit in each case. In approving said use permit the Planning
Commission may impose whatever conditions they deem necessary
to assure that the purpose and intent of this section is carried
out and shall establish a specific point in time when said permit
is to be terminated and the site restored.
D. Tem orar Real Estate Signs and Structures. The Director
of Commun ty Deve opment may approve temporary signs and tem-
porary tract and sales offices for the first sale of structures
and /or lots in any district for a period of time not to exceed
one year following the recordation of the final subdivision
map.
E. Extensions of Time for Temporary Uses and Structures. The
Director of Community Development and the Planning Commission
may authorize extensions of time subject to the procedures
specified above.
(Ord. 1591 § 1, 1974: 1949 Code § 9105.1(j) added by Ord.
1130; 1965).
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 Develop-
ment Director shall ascertain if the proposal complies with the
requirements of this Chapter and if the form and content is
sufficient to establish or amend a P -C District. The Community
Development Director shall advise the applicant of the suf-
ficiency or insufficiency of the proposal in order that the
application, when filed, may be complete and may correspond
to the General Plan of the City.
•
PLANNEDSCOMMUNITY
DISTRICT
• Chapter 20.51
Upon determination by the Community Development Director that the
application is sufficient as to form and content and meets the
requirements set forth in this Chapter, it may be filed, after
which it shall be set for public hearing before the Planning
Commission. Said application shall be accompanied by a filing
fee of Seven Hundred Fifty Dollars ($750.). When a Development
Plan is filed in conjunction with a P -C District for which no
previous Development Plan has been adopted, said Development Plan
shall also be accompanied by a filing fee of Seven Hundred Fifty
Dollars ($750.). Any subsequent amendment to the Development Plan,
or previously approved use permit which constitutes the Development
Plan, shall be accompanied by a filing fee of Two Hundred Dollars
($200.). Such application shall be processed by the Planning
Commission and transmitted to the City Council with any condi-
tions the Planning Commission determines should be imposed.
(Ord. 1523 § 1 (part), 1973: prior Ord. 1272 § 6, 1968: Ord.
1240 9 1 (part), 1968).
20.51.040 DEVELOPMENT PLAN. The Development Plan of a
proposed P -C District shall consist of maps, plans, reports,
schedules, development standards and schematic drawings and such
other documents deemed necessary by the Community Development
• Director in accordance with the requirements herein set forth:
(a) The Development Plan shall be submitted in a form
approved by the Community Development Director.
(b) Development of sectors within the P -C District may
be permitted subject to one of the following or any
combination thereof as set forth in the Development Plan:
1. The uses and requirements of any of the zoning
districts established by Title 20 of the Newport
Beach Municipal Code, as amended.
2. The uses and standards of development set forth in
the Development Plan. When additional or supplemental
maps, plans, reports, schedules, development standards
and schematic drawings, and such other documents are
not presented for the total project, sections may be
approved separately by plan review or use permit as
may be required by the Planning Commission.
3. Approval of a use permit by the Planning Commission
prior to development.
(c) The Development Plan and any amendment thereto shall
include the following:
•I. The type and character of buildings or structures
and the number of dwelling units per gross acre
proposed for each residential area.
Page 116
PLANNED COMMUNITY
DISTRICT
• Chapter 20.51
2. A statement of the standards of population density
for the various proposed residential land uses.
3. The general location of school sites, recreational
areas and other public and quasi - public sites and
the approximate area of each.
4. The general location of major thoroughfares co-
ordinated 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 definitions and information concern-
is
ing requirements for building site coverage, build-
ing heights, building line designations, off - street
parking, vehicular access, signing, lighting,
storage, screening and landscaping, and any 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 process-
ing.
Any such plan is subject to the final approval of
the
City Council. (Ord. 1523 § 1 (part), 1973: prior
Ord.
•
1240 § 1 (part), 1968).
Page 117
PLANNED COMMUNITY
DISTRICT
• Chapter 20.51
20.51.045 AMENDMENTS TO DEVELOPMENT PLAN. All develop-
ment within the P -C District shall substantially comply with the
Development Plan and the City's General Plan as approved and adopt-
ed 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 Development
Plan. Notice of the time and place of the hearing shall
be given as prescribed in Section 20.84.030.
(b)
The Planning Commission may approve, approve with
modifications or disapprove a proposed amendment to any
•
part or element of the Development Plan. The approval
of the Planning Commission shall be signified by the
adoption of a resolution endorsed by the Chairman and
Secretary of the Commission. Said resolution shall
contain the findings and recommendations of the
Commission and shall be forwarded to the City Council
no later than forty -five (45) days after the first
published notice of the Planning Commission hearing,
unless such time limit is extended upon the mutual
agreement of the parties having an interest in the
proceedings. Failure of the Planning Commission to
take action on the proposed amendment or failure to
report within the time limit shall be deemed to be
approval of the proposed amendment by the Planning
Commission.
(c)
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 twenty -one (21)
days after such disapproval.
(d)
Following receipt of the Planning Commission resolution
approving the proposed amendment to any part or element
of the Development Plan, the City Council shall hold at
least one (1) public hearing on the proposed amendment
•
before taking any action thereon. Notice of the time
and place of the hearing shall be given as pre-
scribed in Section 20.84.030.
•
•
J
After the conclusion
Council may adopt or
or any part thereof,
deem to be advisable,
back to the Planning
recommendation.
of such hearing, the
reject the proposed
in such form as the
or the Council may
Commission for furth
Pa a 118
PLANNED COMMUNITY
DISTRICT
Chapter 20.51
City
amendment,
Council may
refer the matter
er study and
(e) No amendment to any part or element of the Development
Plan shall be deemed final until approved by the City
Council by adoption of a resolution setting forth full
particulars of the amendment. (Ord. 1551 § 2, 1974: prior
Ord. 1523 § 1 (part), 1973: Ord. 1415 § 5, 1971: Ord.
1240 § 1 (part), 1968).
20.51.050 COMMENCEMENT OF CONSTRUCTION. Building
construction shall not be commenced unless and until one of the
following alternatives has occurred:
(a) There has been recorded a final subdivision map for any
specific portion of the district designated on the
Development Plan as subject to the regulations of
other zoning districts established by Title 20 of
this Code. Said subdivision shall comply with the
provisions of Title 19 of this Code, as amended, and the
State Subdivision Map Act.
(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 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) of this 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 improve-
ments proposed for all streets, and general plan of
water, sewer and drainage systems.
J
PLANNED9COMMUNITY
DISTRICT
Chapter 20.51
(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.
(9) General location and design of automobile parking areas.
(h) Preliminary landscaping concept plan.
(i) Location of public or quasi - public buildings or areas,
including, but not limited to, schools, recreation
facilities, parking and service areas, if any.
(j) 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.
(1) 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.
(n) Other plans or information the Community Development
Director determines to be necessary to insure substan-
tial compliance with the intent of this Chapter.
(Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1
(part), 1968).
20.51.060 CONFORMANCE REQUISITE TO BUILDING PERMIT
ISSUANCE. The Community Development Department shall insure that
a P -C District development is undertaken and completed in con-
formance with the approved building plans and the terms and
conditions of the Development Plan or use permit for such develop-
ment. No building permit shall be issued for any construction
or development which does not conform to such plans, terms and
conditions. (Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1
(part), 1968).
•
Sections:
O P E N S P A C E D I S T R I C T
Chapter 20.52
Open Space District
Page 120
OS DISTRICT
Chapter 20.52
20.52.010 Intent and Purpose.
20.52.020 Effect of Chapter.
20.52.030 Establishment of OS Districts.
20.52.040 Uses Permitted.
20.52.050 Uses Requiring Use Permit.
20.52.060 Site Area.
20.52.070 Building Height.
20.52.010 INTENT AND PURPOSE. The OS District is
• intended to prohibit intensive urban development of those
areas of the City which are subject to hazards of flood,
erosion, geologic instability, earthquake faulting, and
fires; to assure permanent open space in and for public parks,
beaches, and recreation areas, marine and wildlife preserves,
land preserves, watershed areas, spreading grounds, and settl-
ing basins wherein development would adversely affect public
use and natural environmental benefits; and to allow for the
temporary preservation of agricultural and natural areas.
(Ord. 1485 4 1 (part), January 22, 1973).
20.52.020 EFFECT OF CHAPTER. All sections of this
Title shall be subject to the provisions of this Chapter.
(Ord. 1485 5 1 (part), January 22, 1913).
20.52.030 ESTABLISHMENT OF OS DISTRICTS. Land may
be placed in the OS District under the following conditions:
(a) Where land is in public ownership and in use as:
1. Public parks, schools, paseos, playgrounds,
beaches, marine and wildlife preserves.
2. Drainage or flood control channels, creeks,
rivers, or other water courses, watersheds,
• reservoirs.
3. Power transmission easements, or other public
utility corridors.
Page 121
OS DISTRICT
Chapter 20.52
(b) Where land is in public ownership and intended for
future use as:
1. Public parks, schools, paseos, playgrounds,
beaches, marine and wildlife preserves.
2. Public harbors or marinas.
(c) Public or privately owned land when the use of said
land would endanger the public health, safety or
general welfare including:
1. Areas where natural topography may be too steep
to build upon and /or where the grading or develop-
ment of the land would endanger public health or
safety due to unstable geologic conditions,
erosion or flooding.
2. Areas subject to severe seismic hazards, including
surface ruptures from faulting, ground shaking
and soil liquefaction.
3. Areas subject to flooding or inundation from storm
water or tidal movements.
4. Areas under airport takeoff and approach patterns.
5. Other privately owned land at the request of the
owner(s).
(d) Privately owned land upon formal agreement between
the owner(s) and the City:
1. Private parks, schools, paseos, playgrounds,
greenbelts, beaches, marinas, yacht clubs,
mooring facilities, and marine and wildlife
preserves.
2, Areas of unique natural beauty (natural landforms,
prominent features, landscapes, natural vistas),
available to public access and views.
3. Private golf courses, tennis clubs, aquatic parks,
and cemeteries.
(e) Private owned land upon formal agreement for a specific
period of time between the owner(s) and the City:
1. Land which is in agricultural or horticultural
use.
2. Land which is substantially in its natural state.
Page 122
OS DISTRICT
is Chapter 20.52
3. Land which is of particular historic, cultural,
or scientific value. (Ord. 1485 § 1 (part),
January 22, 1973).
20.52.040 USES PERMITTED. The following uses shall
be permitted in the OS Districts.
(a) Privately owned or public open recreation areas,
parks, schools, paseos, playgrounds, beaches, marine
and wildlife preserves, and such buildings and struc-
tures as related thereto, but permitting no commercial
recreational uses where an admission fee is charged,
except as permitted under Section 20.52.050 of this
Chapter.
(b) Agricultural and horticultural uses and such build-
ings and structures as related thereto subject to
the provisions of Section 20.52.050 of this Chapter.
(c) Public bicycle routes, hiking trails, and other
pedestrian ways.
• (d) Public Parking.
(e) Drainage channels, water courses, spreading grounds,
settling basins. (Ord. 1485 § 1 (part), January 22,
1973).
20.52.050 USES REQUIRING USE PERMIT. The following
uses shall be permitted subject to the securing of a Use Permit
in each case:
(a) Residential structures for a watchman or caretaker
and his family.
(b) Commercial recreational facilities and uses of an
open nature, such as golf courses or aquatic parks,
where an admission or use fee or club membership fee
is charged. (Ord. 1485 § 1 (part), January 22, 1973).
20.52.060 SITE AREA. No lot
area of less than one (1) acre, except
may permit a smaller lot or may rezone
OS -Open Space District upon the findin
will provide for an open area which is
public or a grou of property owners.
January 22, 1973.
shall be created with an
that the City Council
a smaller lot to the
g that such smaller lot
to be used by the general
(Ord. 1485 § 1 (part),
is 20.52.070 BUILDING HEIGHT. The building height limit
shall be as specified in Chapter 20.02. (Ord. 1485 § 1 (part),
January 22, 1973).
•
Sections:
20. 53.010
20.53.020
20. 53.030
U D I S T R I C T
Chapter 20.53
DISTRICT
Effect of Chapter.
Uses Permitted.
Building Height Limit
Page 123
U DISTRICT
Chapter 20.53
Site Area - Yards.
20.53.010 EFFECT OF CHAPTER. The following regula-
tions shall apply in all unclassified or U Districts. U Districts
shall include all of the incorporated area within the City not
precisely zoned or included in any zone or district as provided
• for under the zoning code of the City of Newport Beach. (1949
Code § 9103.8 added by Ord. 635; December 12, 1950 as amended
by Ord. 845; April 14, 1958).
20.53.020 USES PERMITTED. The following uses shall
be permitted in U Districts: All uses not otherwise prohibited
by law; provided, that a Use Permit shall first be secured for
any use to be established in any U District, except authorized
piers. (1949 Code § 9103.81 added by Ord. 635; December 12, 1950)
20.53.030 BUILDING HEIGHT LIMIT - SITE AREA - YARDS.
Building height limits, building site area required and yards
required shall be as specified in the Use Permit; provided,
however, that in no event shall any building exceed the height
limit specified in Chapter 20.02. (Ord. 1454 § 19, September
11, 1972: prior 1949 Code § 9103.82 added by Ord. 635; December
12, 1950).
•
•
•
Chapters:
20.60
20.61
PART VI: SPECIFIC AREA PLANS
Specific Plan District
Newport Shores Specific Area Plan
Page 124
SP DISTRICT
Chapter 20.60
• S P E C I F I C P L A N D I S T R I C T
Chapter 20.60
SPECIFIC PLAN DISTRICT
Sections:
20.60.010 Authority and Scope.
20.60.020 Effect of Chapter.
20.60.030 "SP" Combining District - Uses Permitted
and Development Standards.
20.60.040 "SP" Individual District - Uses Permitted
and Development Standards.
20.60.050 Adoption or Amendment of Specific Plans
and Application of the "SP" District.
20.60.010 AUTHORITY AND SCOPE. The Planning Commis-
sion may, or if so directed by the City Council shall, prepare
• specific plans based on the general plan and drafts of such
regulations, programs, and legislation as may in its judgment
be required for the systematic execution of the general plan
and the Planning Commission may recommend such plans and
measures to the City Council for adoption according to the
provisions of California Government Code Sections 65450 through
65550 which are incorporated herein by this reference as if
fully set forth.
Such specific plans may include:
(a) Regulations limiting the location of buildings and other
improvements with respect to existing or planned rights -of -way.
(b) Regulations of the use of land and buildings, the height
and bulk of buildings, and the open spaces about buildings.
(c) Street and highway naming and numbering plans in order
to establish the official names of streets and highways, to
remove conflicts, duplication and uncertainty among such names,
and to provide an orderly system for the numbering of buildings
and properties.
(d) Such other matters which will accomplish the purposes of
this chapter, including procedure for the administration of
• such regulations.
(e) Such other measures as may be required to insure the execu-
tion of the general plan. (Ord. 1500 § 1 (part), 1973).
Page 125
SP DISTRICT
Chapter 20.60
• 20.60.020 EFFECT OF CHAPTER. The following regula-
tions shall apply to all property within a District where the
District symbol is combined with the "SP" - Specific Plan
Symbol and all property within the "SP" - Specific Plan Dist-
rict, when applied as a separate district. In all cases the
"SP" symbol shall be followed by a number to designate the
Specific Plan (e.g.. SP1: Specific Plan Number 1) and the
development that shall be permitted subject to provisions of
the designated Specific Plan and the regulations of this
chapter. (Ord. 1500 § 1 (part), 1973).
20.60.030 "SP" COMBINING DISTRICT - USES PERMITTED
AND DEVELOPMENT STANDARDS. The "SP" symbol may be applied
as a combining district (e.g., CNH -SP) where the Specific
Plan regulations are intended to apply only to specific uses
and development of land. In these cases, where the Specific
Plan regulations may differ from the regulations of the base
district, the regulations of the Specific Plan shall apply.
(Ord. 1500 § 1 (part), 1973).
20.60.040 "SP" INDIVIDUAL DISTRICT - USES PERMITTED
AND DEVELOPMENT STANDARDS. Any use or development of property
within an "SP" District where the "SP" symbol is not combined
with another District shall be in compliance with the regula-
• tions of the referenced Specific Plan. (Ord. 1500 § 1 (part),
1973).
20.60.050 ADOPTION OR AMENDMENT OF SPECIFIC PLAN AND
APPLICATION OF THE "SP" DISTRICT. Specific Plans shall be
adopted and amended by ordinance pursuant to the provisions
of Chapter 20.84 of this Code. (Ord. 1500 § 1 (part), 1973).
•
•
•
S P E C I F I C P L A N j N E W P 0 R T
Sections:
20.61.010
20.61.020
20.61.030
20.61.040
20.61.050
20.61.060
Chapter 20.61
SPECIFIC PLAN (NEWPORT SHORES)
Establishment of Specific
Intent and Purpose.
Private Land Development.
Public Rights -of -Hay.
Residential Development.
Commercial Development.
Page 126
SPECIFIC PLAN
(NEWPORT SHORES)
Chapter 20.61
S H 0 R E S I
Plan (Newport Shores).
20.61.010 ESTABLISHMENT OF SPECIFIC PLAN (NEWPORT
SHORES). The following described real property in the City of
Newport Beach, County of Orange, State of California, to wit:
Lots 1 and 2, Block D; Lots 1 through 6, Block E; Lots
through 5, Block F; Lot 1, Block G; El Moro Tract,
recorded in Miscellaneous Maps, Book 8, Page 75;
Lots 4, 5, 6, and 7, Block 159; Lots 4 through 17,
Block 160; River Section, recorded in Miscellaneous
Maps, Book 4, Page 25;
Lots 3 through 14, Block
Lots 3 through 24, Block
Lots 3 through 14, Block
Lots 3 through 14, Block
Lots 3 through 14, Block
Lots 3 through 12, Block
Lots 3 and 4, Block 13;
Tract Addition, recorded
Page 25;
1;
3;
5;
7;
9;
11
_ot
in
Lots 3 through 14, Block 2;
Lots 3 through 14, Block 4;
Lots 3 through 14, Block 6;
Lots 3 through 14, Block 8;
Lots 3 through 14, Block 10;
Lots 3 through 6. Block 12;
3, Block 14; Seashore Colony
Miscellaneous Maps, Book 7,
Lots 1 through 5, Block 10; Tract No. 772, recorded in
Miscellaneous Maps, Book 23, Pages 5 and 6;
Vacated Olive Street north of West Coast Highway;
Vacated Sonora Street north of 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;
Page 127
SPECIFIC PLAN
(NEWPORT SHORES)
• Chapter 20.61
Vacated alley between Highland Street and Nordina Street
(vacated);
Vacated Nordina Street north of 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,
and
as shown on Districting Map No. 1 referred to in Section 20.01.050
of the Newport Beach Municipal Code, and by such reference made
a part of Title 20 of said Code, is hereby rezoned from the
C -1 -H and R -2 Districts to SP 4- Specific Plan District, and
said Districting Map No. 1 is 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
and is generally bounded by the Santa Ana 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 are established:
1. Residential Development
2. Commercial Development
The designations, locations, and boundaries of these uses are
delineated upon the plan entitled, "Newport Shores Specific Area
Plan - City of Newport Beach Specific Plan No. 4," which plan
and all information and notations thereon are hereby made a
part of this section by reference.
Whenever a building or structure is erected, reconstructed or
structurally altered in the subject area, all applicable sections
of the Municipal Code shall prevail except where there is a
conflict with this Ordinance, in which case the provisions of
this Specific Area Plan shall take precedence.
• Further, no building permit shall
unless the property owner agrees
ment of the existing and proposed
within the property, as indicated
in accordance with the standards
(Ord. 1497 § 1 (part), 1973).
be issued for any construction
to the dedication and improve -
rights -of -way adjacent to or
on the Specific Area Plan and
of the City of Newport Beach.
Page 128
SPECIFIC PLAN
(NEWPORT SHORES)
• Chapter 20.61
20.61.040 PUBLIC RIGHTS -OF -WAY. As indicated on
the Specific Area Plan map, it is intended that direct access
to all local streets except Orange, Fern, Highland, Prospect,
61st, and 60th be removed and that a one -way street system
be created on Colton, Grant, Lugonia, Walnut, and Cedar with
connecting "frontage streets" between. These "frontage streets"
shall be approximately 12 feet wide with 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 alley between 62nd
Street and 61st Street be vacated from Newport Shores Drive
South to the Coast Highway, provided that agreement on the use
of this right -of -way can be reached with the adjacent property
owners. Signalization and signing shall be provided as
• indicated 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 single residential 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
dwelling units shall find:
1. That the development will not be detrimental to or out
of character with the surrounding development.
2. That the development does not exceed the density,
height, and floor area limits established in this
section.
3. That in addition to the basic outdoor living space
requirement of ten percent of the buildable area,
there will be additional outdoor living space.
Page 129
SPECIFIC PLAN
(NEWPORT SHORES)
• Chapter 20.61
C. DENSITY LIMITATION. For each dwelling unit up to a maximum
of two units, there shall be a minimum of twelve hundred (1200)
square feet of lot area.
For each dwelling unit in excess of two units, there shall be
a minimum of fifteen hundred (1500) square feet provided that
a use permit is first secured for any development in excess
of two units.
D. BUILDING HEIGHT AND FLOOR AREA LIMIT.
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.
FLOOR AREA LIMIT. The total 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 area of at least ten percent of the buildable
area equally distributed between each dwelling unit. Said area
may be combined provided the combined area is accessible and
available for the use of each dwelling. Said area shall have
a minimum dimension of six (6) feet and may be in the form of
open land area, a deck, a balcony, a porch or patio. Said area
may be roofed but shall remain unenclosed on at least one side.
In no event shall said area be placed on the roof of the second
story.
F. YARDS.
FRONT YARDS. Front yards shall be a minimum of five
(5) feet.
SIDE YARDS. Each side yard shall not be less than
three (3) feet wide on building sites forty (40) feet
wide or less, or four (4) feet on sites wider than
forty (40) feet; provided, that the side yard on the
rear twenty (20) feet of the street side of a corner
lot, where there is reversed frontage, shall not be
less than the front yard required or existing on 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.
Page 130
SPECIFIC PLAN
(NEWPORT SHORES)
' Chapter 20.61
5. SETBACK FROM COAST HIGHWAY. Structures designed for
residential occupancy shall be located a minimum of
eighteen (18) feet from the Coast Highway right -of-
way.
G. AUTOMOBILE STORAGE OR PARKING SPACE. For each dwelling unit
there shall be a minimum of two covered parking spaces. On lots
less than fifty (50) feet in width 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 5 1 (part), 1973).
20.61.060 COMMERCIAL DEVELOPMENT. It is the intent
of this section to provide for a service commercial area that
will provide convenience goods and services to nearby residences.
A. USES PERMITTED. Retail stores 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, restaurants, antique
shops, shoe shops, studios, tailor shops, and other uses which
' in the opinion of the Planning Commission are of a similar
nature.
B. USES REQUIRING USE PERMIT. Gasoline service stations,
hotels, motels, drive -in facilities, pet shops, animal hos-
pitals, laundries, and laundrettes.
C. BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross
floor area contained in all buildings on a buildable site in
commercial areas shall not exceed two times the buildable area
of the site; provided, however, that floor area devoted to
parking within a building shall not be considered in determin-
ing the total floor area allowed, and provided, further, that
in no event shall any building exceed the height limit specified
in Section 20.02.030(C) of the Municipal Code.
D. SITE AREA. The Building Site Area required shall be a
minimum of 2,000 square feet. Minimum building site frontage
required shall be twenty -five (25) feet.
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 of a lot abuts upon the side of a lot
in a Residential Development Area, in which case the
•
is
•
Page 131
SPECIFIC PLAN
(NEWPORT SHORES)
Chapter 20.61
side yard shall be not less than five (5) feet.
3. REAR YARDS. No rear yards shall be required, except
where the rear of a lot abuts on a Residential
Development Area, in which case the rear yard shall
be not less than five (5) feet.
Rear yards abutting alleys shall have a minimum width
of ten (10) feet.
F. AUTOMOBILE STORAGE OR PARKING SPACE. Accessible storage
or space for the parking of automobiles off the street shall
be provided as set forth in Chapter 20.30.035 of the Municipal
Code. In addition ten percent of the paved parking area
shall be devoted to planting areas. Extensive use of trees
is encouraged. All planting areas shall have a minimum width
of three (3) feet. 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. 1497 § 1
(part), 1973).
•
NEWPORT SHORES SPECIFIC AREA PLAN
CITY OF NEWPORT BEACH _ SPECIFIC PLAN NO. 4 JUNE 49 1973
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•
•
•
PART VII: SPECIAL USE REGULATIONS
Chapters:
20.70 Automobile Service Stations
20.71 Oil Wells
20.72 Drive -In and Outdoor Restaurants
Page 132
AUTOMOBILE
SERVICE STATIONS
• Chapter 20.70
A U T O M O B I L E S E R V I C E S T A T I O N S
— — — — — — — — — — — — — — — — — —
Chapter 20.70
AUTOMOBILE SERVICE STATIONS
Sections:
20. 70.010 Intent.
20.70.020 Definitions.
20.70.030 Use Permit Required.
20.70.040 Application Contents.
20.70.050 Activities and Operations Permitted.
20.70.060 Development Standards for New Service Stations.
20.70.070 Existing Structures and Uses
20.70.080 Discontinued Use.
20. 70.090 Appeal.
• 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 ped-
estrian and vehicular traffic hazards and shall not be detri-
mental to the ordinary maintenance, development and redevelop-
ment of the surrounding area as reflected by the General Plan,
Zoning Regulations or specific plans approved by the City.
(Ord. 1411 § 3 (part), 1972).
20.70.020 DEFINITIONS. As used in this chapter,
the following terms shall have the meanings indicated:
(a) Automobile Service Station - The term "Automobile
Service Station" shall mean a retail place of
business engaged in the sale of fuel and servicing
of motor vehicles, including those activities and
operations as specified in Section 20.70.050, but
excluding major automobile repairs.
(b) Major Automobile Repairs - The term "Major Automobile
Repairs" shall mean any extensive work involving the
disassembly and /or overhaul of the engine, clutch,
transmission or differential. Also, body, frame and
• fender repair, painting, welding, upholstery work,
tire recapping, glass replacement or similar activities
shall be considered as major repair work. (Ord. 1411
§ 3 (part), 1972).
Page 133
AUTOMOBILE
SERVICE STATIONS
• Chapter 20.70
20.70.030 USE PERMIT REQUIRED. Automobile service
stations may be permitted in the C -N, C -0, C -1, C -2, M -1,
M -1 -A and U Districts, subject to the requirement of a use
permit for each development. The procedure governing the
issuance of all use permits for such developments shall be
governed by the provisions of this chapter and Chapter 20.80,
entitled "PERMITS." (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) A plot plan of the property, drawn to scale, showing
location of all buildings, canopies, on -site access
and drives, pump islands, storage facilities, plant-
ing areas, exterior lighting standards, signs, walls,
parking spaces, enclosed trash areas, curb cuts and
driveway approaches.
(b) Elevations, drawn to scale, including all building
and sign faces and materials, textures and colors.
• (c) A grading plan, indicating how the property is to
be graded and drained.
(d) A landscape and irrigation plan showing the size,
location and variety of plant materials to be used,
including the botanical and common plant names of
each, and the location, type and design of all
irrigation systems.
(e) Such other plans, drawings and information as the
Director of Community Development reasonably may
require. (Ord. 1411 § 3 (part), 1972).
20.70.050 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 an enclosed
building without the use of an open flame and in
such manner so as not to be a nuisance or of
detriment to the occupants of adjacent properties:
•
I. Changing of engine oil and filters.
2• Lubrication of motor vehicle chassis.
3. The cleaning of component parts.
4. Brake adjustment and replacement.
Page 134
AUTOMOBILE
• SERVICE STATIONS
Chapter 20.70
S. Automobile washing and polishing (not including
mechanical car wash).
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. The location and screening
of trailer storage shall be approved by the
Community Development 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 four
(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 which is visible from the street,
and are accessible on a twenty -four hour 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 servicing of air - conditioners.
12. The servicing of air pollution control devices.
13. Lamp adjustment.
• (c) Operating provisions shall include the following
restrictions:
1. Parking on site is prohibited except for such
vehicles as are in the process of being serviced,
those belonging to employees and service trucks
Page 135
AUTOMOBILE
SERVICE STATIONS
•
Chapter 20.70
owned by the 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 arked
for a period longer than twenty -four (24� hours
on the station site unless in the process of
being serviced. No vehicle shall be considered
to be in the process of being serviced for a
period longer than one (1) week.
3. Gasoline tanker trucks shall not obstruct the
public right -of -way during delivery. (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 sub-
sequent to the effective date of this ordinance and to remodel-
ing 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
• on the City Master Plan of Streets and Highways
unless the sites are part of or in conjunction with
developments such as shopping centers in residential
areas.
(b) Site Size - The site shall be of sufficient size and
configuration to satisfy all requirements for off -
street parking, setbacks, curb cuts, walls, land-
scaping and storage as provided in this chapter.
(c) Parking - A minimum of five (5) parking spaces for
each service bay shall be provided. All such parking
spaces shall be marked clearly and shall meet all
City codes and standards as to size and accessibility.
(d) Setbacks - All buildings shall be set back from interior
property lines a minimum of eighteen (18) feet and
exterior property lines a minimum of thirty (30) feet
except that pump islands may be located a minimum of
twenty (20) feet from all exterior property lines,
and pump island canopies may project to within five
(5) feet of exterior property lines.
On -site driveways all should be a minimum of twent
five (25) feet for two -way traffic or eighteen (18T-
• feet for one -way circulation.
Page 136
AUTOMOBILE
• SERVICE STATIONS
Chapter 20.70
(e) Access - Driveways shall be so designed and located
as to ensure a safe and efficient movement of traffic
on and off the site to and from the lane of traffic
nearest the curb. All driveways shall be located
and constructed according to the City of Newport
Beach Driveway Approach Policy.
Driveways for service stations which are developed
as part of or in conjunction with adjacent uses
shall be located as part of the total circulation
element of such adjacent uses.
Provisions for on -site stacking lanes shall be made.
(f) Utilities - All utilities shall be installed under-
ground within the exterior property lines of the
site.
(g) Drainage - All drainage to the street shall be by
underground structures to avoid drainage across
City walks or drive aprons, and shall be subject to
approval by the Director of Public Works.
• (h) Noise - Buzzers and amplified signaling bells are to
be located within the service station proper and
shall not generate noise beyond that of a normal
residential telephone ring when the service station
site abuts residentially -zoned property or property
used for residential purposes.
(i) Architectural Design - The siting and architectural
design of a service station building shall be, at
a minimum, compatible with existing or planned
improvements and the character of the area in which
it is to be located. Unique design concepts are
encouraged.
(j) Landscaping - At least fifteen (15) percent of the
site shall be landscaped with plant materials
designed to provide beautification and screening.
Planting areas shall include but not be limited
to the following:
1. Five -foot wide planters between driveway
approaches, separating pump islands 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 inter-
section.
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
1• One double -faced free - standing sign, not exceed-
ing a height of twenty -five (25) feet and an
area thirty -six (36) square feet for each side.
2. Two wall signs to be located on the exterior
• facades of the building and not exceeding ten
(10) square feet each.
Page 137
AUTOMOBILE
SERVICE STATIONS
•
Chapter 20.70
inside dimension of four (4) feet to any one
side of the planting area and containing at
least one fifteen (15) gallon tree of an
approved variety.
Plant materials shall be chosen for their screening
qualities, beauty and durability. Plantings shall
include a mixture of trees, shrubs and groundcovers.
City parkway areas shall be provided with ground -
cover and street trees as per City standards.
All planting areas shall be provided with a permanent
underground automatic sprinkler irrigation system of
a design suitable for the type and arrangement of
the plant materials selected.
Landscape planting and sprinkler irrigation plans
and specifications shall be submitted by the applicant
and approved by the Community Development Director
prior to the issuance of a building permit.
(k) Perimeter Walls - Service station sites shall be
•
separated from abutting residentially -zoned property
or property used for residential purposes by six -
foot high masonry walls utilizing materials similar
in color, module and texture to those utilized in
the building. Such walls shall be reduced to three
(3) feet in height within adjacent street setback
areas. Such walls need not be installed when building
wells or other acceptable walls already exist on such
property lines.
(1) Lighting - All lighting fixtures shall be located
so as to shield direct rays from adjoining properties.
Luminaires shall be of a low level, indirect diffused
type and shall not exceed a height of greater than
twenty (20) feet above finished grade.
(m) Permanent Exterior Signs - A maximum of seven (7)
permanent signs shall be permitted on any service
station site as follows:
1• One double -faced free - standing sign, not exceed-
ing a height of twenty -five (25) feet and an
area thirty -six (36) square feet for each side.
2. Two wall signs to be located on the exterior
• facades of the building and not exceeding ten
(10) square feet each.
No rotating, flashing, blinking or signing with
animation, flags, banners or other attention - attracting
devices shall be permitted on a permanent basis.
Attention- attracting devices may be permitted for
thirty (30) days, however, when connected with an
opening or change in ownership or management of a
service station.
(n) Rest Rooms - All rest rooms shall be located to the
side or rear of the building with all entrances
screened from public view by landscaping or a six
(6) foot high wall of materials in harmony with
those utilized in the building.
(o) Storage - All products and merchandise, except as
permitted in Section 20.70.050(b), shall be stored
within the main building.
(p) Dispensing Machines - Space shall be made inside the
building for any machines to be used for the dis-
pensing of soft drinks, candy, cigarettes, ice and
similar items.
•
Page 138
AUTOMOBILE
•
SERVICE STATIONS
Chapter 20.70
3.
One sign advertising the price of gas and not
exceeding eight (8) square feet. The sign
shall be of materials in harmony with those
utilized in the building.
4.
One sign identifying the operator of the
premises and address of the building, to be
located on the building and not exceeding a
total of six (6) square feet.
5.
All small signs advertising products for sale,
trading stamps, credit cards and the inspection
of pollution control devices, lamps and brakes,
as authorized by the State, shall be clustered
into not more than three (3) sign groupings
located on the building face and a total of
which shall not exceed twelve (12) square
feet in area, exclusive of the additional space
required for signs advertising State - authorized
services. The sign background shall be of
materials in harmony with those utilized in the
building.
6.
One double -faced sign, in a permanent frame,
not exceeding an area of twelve (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 permanent basis.
Attention- attracting devices may be permitted for
thirty (30) days, however, when connected with an
opening or change in ownership or management of a
service station.
(n) Rest Rooms - All rest rooms shall be located to the
side or rear of the building with all entrances
screened from public view by landscaping or a six
(6) foot high wall of materials in harmony with
those utilized in the building.
(o) Storage - All products and merchandise, except as
permitted in Section 20.70.050(b), shall be stored
within the main building.
(p) Dispensing Machines - Space shall be made inside the
building for any machines to be used for the dis-
pensing of soft drinks, candy, cigarettes, ice and
similar items.
•
Page 139
AUTOMOBILE
• SERVICE STATIONS
Chapter 20.70
(q) Additional Requirements - It shall be required as
a condition of a use permit that the grantee provide
the oil company, the property owner and /or lessee
each with a copy of the conditions embodied in the
permit, and receive a written receipt therefor, so
that there shall be no person operating the premises
who is not aware of the conditions of operation. If,
during any inspection of the premises, the City shall
find violations of the requirements of the use permit,
it shall notify both the oil company and the operator
of the station in order to assure compliance. (Ord.
1411 § 3 (part), 1972).
20.70.070 EXISTING STRUCTURES AND USES. The provisions
of Chapter 20.13 entitled 'Nonconforming Structures and Uses,'
shall be applicable to automobile service stations as defined
in this chapter, except as amended by the following regulations:
(a) Existing Uses - Cessation of Use - The lawful use
of land or building or both for the purpose of opera-
ting an automobile service station, which use is in
• existence on the effective date of this Chapter, may
be continued without compliance with the requirements
of a use permit provided that, if any such use shall
cease for a continuous period of six (6) months, such
use shall be considered abandoned and the Planning
Commission shall have the authority to require the
property owner to remove all existing structures
from the site or obtain a use permit pursuant to
Section 20.70.040 of this Chapter.
(b) Restoration of Damaged or Destroyed Building - Any
building in use as an automobile service station on
the effective date of this Chapter which is damaged
or destroyed by fire, explosion, earthquake or other
act, to an extent of seventy -five (75) percent of the
appraised value thereof, according to the assessment
by the assessor for the fiscal year during which such
destruction occurred, may not be restored without the
requirement of a use permit.
(c) Maintenance, Repairs and Structural Alterations -
Maintenance, repairs and structural alterations can
be made to any building in use as a gasoline service
station on the effective date of this Chapter pro-
vided that such maintenance, repair or structural
alteration does not exceed, in any consecutive
• twelve (12) month period, fifteen (15) percent of
the value of the improvements as determined by the
assessed valuation. Structural alterations exceeding
fifteen (15) percent of the appraised value will
require a use permit.
Page 140
AUTOMOBILE
• SERVICE STATIONS
Chapter 20.70
(d) Remodeling or Rebuilding - Any service station
being remodeled or rebuilt to an extent requiring a
use permit shall be designed so as to comply as
nearly as possible with the standards for service
stations on new sites set forth in Section 20.70.060;
taking into consideration size of the property, loca-
tion of the existing structure, and other similar
constraints. (Ord. 1411 § 3 (part), 1972).
20.70.080 DISCONTINUED USE. Notwithstanding anything
to the contrary in this Chapter, if any service station is
abandoned for a period of six (6) consecutive months, the
Planning Commission, after public hearing, shall have the
authority to revoke the use permit and may require the pro-
perty owner to remove all existing structures from the site.
(Ord. 1411 § 3 (part), 1972).
20.70.090 APPEAL. A. INITIATION OF APPEAL. In case
the automobile service station operator is not satisfied with
the action of the Community Development Director in any case
requiring the Director's approval, he may appeal in writing to
is 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 of the Newport Beach Municipal
Code.
B. DECISION. Upon receiving Notice of Appeal to the Planning
Commission, the written findings of the Director of Community
Development shall be submitted to the Planning Commission
together with all maps, letters, exhibits, and other documentary
evidence considered by the Director of Community Development in
reaching his decision. The Planning Commission shall render its
decision within thirty (30) days after the hearing of the appeal.
C. APPEAL TO THE CITY COUNCIL.
satisfied with the action of the
appeal, he may within twenty -one
to the City Council, as provided
Newport Beach Municipal Code dea
§ 3 (part), 1972).
is
In case an applicant is not
Planning Commission on his
(21) days appeal in writing
in Chapter 20.85 of the
ling with appeals. (Ord. 1411
O I L W E L L S
Chapter 20.71
OIL WELLS
Sections:
Page 141
OIL WELLS
Chapter 20.71
20.71.010 Drilling Restricted - Designated Area.
20.71.020 Election Required for Permitted Area
Alteration - Intent and Purpose.
20.71.030 Fire Prevention.
20.71.040 Creating Nuisance Prohibited.
20.71.050 Watchman Required.
20.71.010 DRILLING RESTRICTED - 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.
That the area in the City in which slant drilling or sub-
terranean 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 pro-
longations of the southeasterly Tine of 53rd Street, as 53rd
Street is laid out and shown upon a map of Ocean Front Tract,
recorded in Book 4, Page 12 of 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. (1949 Code 5 9124).
Page 142
OIL WELLS
• Chapter 20.71
20.71.020 ELECTION REQUIRED FOR PERMITTED AREA
ALTERATION - INTENT AND PURPOSE. Any proposed change in or
expansion of the 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 to the qualified
electors of the City of Newport Beach for approval or disapproval.
If a majority of the qualified electors vote in favor of such a
question, then and only then shall the City Council have the
power to act on such question. This section shall apply only
to the boundaries of the City of Newport Beach as they exist on
April 13, 1954, together with any territory in the process of
annexation on said date. This section shall not apply retro-
actively to any drilling operation or contract entered into
prior to the effective date of this section.
It is specifically declared that it is the intention of this
section that it shall apply solely to the question of a change
in or expansion of the area in which slant or subterranean
drilling is permitted and shall not apply to any other question
involving the drilling for or production of oil, gas or other
hydrocarbon substances within or under the City of Newport
Beach, or its tide and submerged lands. (1949 Code § 9124.1
• added by Ord. 715; 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, and who continues such operation, shall
conduct the same so as to prevent fire hereby or therefrom
which may endanger, injure or destroy the roperty 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 enjoy-
ment by others of their property.
No person shall permit any of the 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 permit
or allow a standing derrick or other oil 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 9 9128).
•
•
Page 143
DRIVE IN AND
OUTDOOR RESTAURANTS
Chapter 20.72
D R I V E I N A N D O U T D O O R R E S T A U R A N T S
Chapter 20.72
DRIVE IN AND OUTDOOR RESTAURANTS
Sections:
20.72.010
Definitions.
20.72.020
Use Permit Required.
20.72.030
Application Contents.
20.72.040
Site.
20.72.050
Setbacks.
20.72.060
Parking and Traffic Control.
20.72.070
Walls.
20.72.080
Landscaping.
20.72.090
Lighting.
20.72.100
Signing.
20. 72.110
Utilities.
20.72.120
Storage.
20.72.130
Modification or Waiver of Requirements.
20.72.140
Additional Requirements.
20.72.150
Nonconforming Structures and Uses.
20.72.010 DEFINITIONS. As used in this chapter the
following terms shall have the meanings indicated:
DRIVE IN AND TAKE OUT RESTAURANT. The terms "drive -in,"
"walk -up" and "take out" restaurants shall mean a place of
business which sells food products or 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
either on the premises or in the immediate vicinity.
• 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
Page 144
DRIVE IN AND
OUTDOOR RESTAURANT'.
' Chapter 20.72
consumption of, such food products or beverages out -of -doors
other than on an incidental basis. (Ord. 1505 § 10, 1973:
Ord. 1266 § 2, 1968: prior Ord. 1202 § 3 (part), 1967).
20.72.020 USE PERMIT REQUIRED. Outdoor, drive -in
and take -out restaurants may be permitted in the C -1, C -2,
M -1, M -1 -A and U Districts, and outdoor restaurants may be
permitted in the A -P, C -N and C -0 Districts, subject to the
requirement of a Use Permit for each development. The pro-
cedure governing the issuance of all Use Permits for such
developments shall be governed by the provisions of this
chapter and Chapter 20.80 entitled "PERMITS "; provided,
however, that to the extent that there is any inconsistency
or conflict between the provisions of such chapters, the
provisions of this chapter shall be controlling. (Ord. 1505
§ 11, 1973: Ord. 1202 § 3 (part), 1967).
20.72.030 APPLICATION CONTENTS. An application for
an outdoor, drive in or take out restaurant shall be in the
form of a Use Permit application and shall be accompanied by
the following information, maps and plans:
' (a) A plot plan of the property drawn to scale showing
the location of all buildings, storage facilities,
planting areas, signs, outside eating areas, walls,
parking areas, and curb cuts.
(b) A floor plan of any building delineating all interior
floor space and indicating its proposed use.
(c) A parking layout and traffic plan showing all parking
spaces, aisles, access points and directional signs
and markings.
(d) A grading plan indicating how the property is to be
graded and drained.
(e) Elevations including all building and sign faces
and materiels.
(f) Such other plans, drawings and information as the
Planning Director may reasonably require.. (Ord.
1202 1 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).
L
E
•
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DRIVE IN AND
OUTDOOR RESTAURANTS
Chapter 20.72
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. PARKING.
Off- street on -site parking shall be provided as follows:
(1) One parking space for each employee on duty, the number
of such spaces to be based upon peak employment; and
(2) One parking space for each 50 square feet of gross
floor area contained within a building.
All parking areas shall meet the City of Newport Beach Off -
Street Parking Standards.
B. CURB CUTS. The size and location of curb cuts for drive-
ways shall be determined by standards on file in the Department
of Public Works.
C. CIRCULATION. Parking areas and driveways shall be arranged
so that a free flow of vehicular traffic and adequate site
clearances are permitted at all times. 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 addition to the other required parking
and driveway areas. (Ord. 1201 § 3 (part); February 14, 1967).
20.72.070 WALLS. 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 yard
setback area or within 15 feet of the corner of any inter-
secting street or alley right of way. Walls 3 feet in height
shall be erected between on site parking areas and public
rights of way. (Ord. 1202 § 3 (part); February 14, 1967).
20.72.080 LANDSCAPING. Not less than 10 percent of
the total site area shall be devoted to landscaped planting
areas, including:
(a) A planting area within a width of 3 or more feet
between street side property lines and walls screen-
ing parking facilities.
(b) A planting area with a width of 3 or more feet
adjacent to interior property lines.
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DRIVE IN AND
• OUTDOOR RESTAURANTS
Chapter 20.72
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
watering. (Ord. 1202 4 3 (part); February 14, 1967).
20.72.090 LIGHTING. All parking areas shall be
illuminated by lighting with a 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 reflec-
tion 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. 1202
9 3 (part), 1967).
20.72.100 SIGNING. Signs shall be subject to the
following restrictions:
(a) 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.
(b) The total area of all signs on the site shall not
exceed 2 square feet for each lineal foot of
property on a street. In the case of corner lots
or double frontage lots only one street frontage may
be used to determine the maximum allowable sign area.
(c) All signs shall be mounted flat against a building
and shall be limited in size to 50 square feet each,
except that one free standing sign not to exceed
100 square feet shall be permitted. (Ord. 1202 9
3 (part), 1967).
20.72.110 UTILITIES. All utility services on the
restaurant site shall be installed underground. (Ord. 1202
9 3 (part), 1967).
20.72.120 STORAGE. A. SUPPLY STORAGE. All facilities
for 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 4 3 (part), 1967).
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DRIVE IN AND
OUTDOOR RESTAURANTS
• Chapter 20,72
20.72,130 MODIFICATION OR WAIVER OF REQUIREMENTS.
The Planning Commission shall have the right to modify or
waive any of the foregoing conditions if such modification or
waiver will achieve substantially the same results and will
in no way be detrimental to adjacent properties or improvements
than will the strict compliance with said conditions. (Ord.
1202 § 3 (part), 1967).
20.72.140 ADDITIONAL REQUIREMENTS. 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 objectives of the
Master Plan of the City. (Ord. 1202 § 3 (part), 1967).
20,72.150 NONCONFORMING STRUCTURES AND USES. The
provisions of Chapter 20.83 entitled "Nonconforming Structures
and Uses" shall not be applicable to drive in, take out, and
outdoor restaurants as defined in this chapter, but instead
the following regulations shall be controlling:
(a) Existing Uses - Cessation of Use. The lawful use of
land or buildings or both for the purpose of a drive
• in, take out, or outdoor restaurant, which use was
in existence on the effective date of this chapter,
may be continued without compliance with the require-
ment of a use permit; provided that, if any such use
shall cease for a continuous period of nine (9) months,
such use shall be considered abandoned and may not be
revived unless a Use Permit shall be first obtained.
(b) Restoration of Damaged or Destroyed Building. Any
building in use as a drive in, take out, or outdoor
restaurant on the effective date of this chapter
which is damaged or destroyed by fire, explosion,
earthquake, or other act to an extent of more than
ninety percent (90 %) of its appraised value at the
time of the damage, as fixed by the General Appraisal
Company of Los Angeles, California, or other equally
responsible firm, or to an extent of one hundred
percent (100 %) of the appraised value thereof accord-
ing to the assessment by the assessor for the fiscal
year during which such destruction occurs, may be
restored without the requirement of a Use Permit
provided that the restoration work is completed
within one (1) year following the date on which the
damage or destruction occurs.
• (c) Maintenance, Repairs, and Structural Alterations.
Maintenance, repairs, and structural alterations can
be made to any building in use as a drive in, take
out, or outdoor restaurant on the effective date of
this Chapter without the requirement of a Use Permit.
(Ord. 1202 § 3 (part), 1967).
•
•
PART VIII: ADMINISTRATION
Chapters:
20.80 Permits
20.81 Modifications Committee
20.82 Variances
20.83 Nonconforming Structures and Uses
20.84 Amendments
20.85 Appeals
20.86 Enforcement
20.87 Definitions
Page 148
PERMITS
Chapter 20.80
•
P E R M I T S
Chapter 20.80
WAYWIwi
Sections:
20.80.010 Zoning Permit Required.
20.80.020 Use Permits.
20.80.030 Application for Use Permit - Fee.
20.80.050 Public Hearings.
20.80.060 Action by Commission, Director or
City Council.
20.80.070 Use Permit Appeal.
20.80.075 Right of Review by City Council.
20.80.080 Use Permit Requisite to Other Permits.
20.80.090 Revocation of Permits or Variances.
• 20.80.010 ZONING PERMIT REQUIRED. Zoning Permits
shall be required for all buildings and structures herein-
after erected, constructed, altered, repaired, or moved
within or into any district established by this Title, and
for the use of vacant land or for a change in the character
of the use of land, within any district established by this
Title. Such permit may be a part of the building permit
and shall be issued by the Building Inspector prior to any
construction. (Ord. 635 (part), 1960: 1949 Code § 9106.1,
§ 9106.11).
20.80.020 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. Applica-
tions for Use Permits shall be filed in the office of the
Community Development Department in writing on forms prescribed
by the Director, and shall be accompanied by a fee of Two Hundred
Twenty Five Dollars ($225.00) and by plans and elevations
necessary to show the detail of the proposed building or use.
• Application for a Use Permit may be made by the owner, lessee,
or agent of the owner of the property affected. The applica-
tion shall be signed by the recorded owner or the lessee or
Page 149
PERMITS
• Chapter 20.80
may be signed by an agent of the owner if written authorization
from the record owner is filed with the application. (Ord. 1611
1, 1975: Ord. 1396 § 1, 1971: Ord. 1272 § 1, 1968: Ord. 1059
(part), 1963: Ord. 635 (part), 1950: 1949 Code § 9106.21: Ord.
1566 § 1, 1974).
20.80.050 PUBLIC HEARINGS. A. DISCRETIONARY. No
public hearings need be held in connection with the grant or
denial of an application for a Use Permit; provided that the
Planning Commission may in its discretion hold such public
hearings as it deems advisable.
B. NOTICE. When it is deemed advisable to hold a public
hearing, notice of such hearing shall be mailed not less than
ten (10) days before the hearing date, postage prepaid, using
addresses from the last equalized assessment roll or, alter-
natively, from such other records as contain more recent
addresses, to owners of property within a radius of three
hundred (300) feet of the exterior boundaries of the subject
property. In addition, notice of such hearings shall be
posted in not less than two conspicuous places on or close
to the property at least ten (10) days prior to the hearing.
• If any properties included within the radius referred to above
are located outside the limits of the City of Newport Beach,
then the mailed notice need not be given to those property
owners; but in lieu thereof, the Planning Commission may
cause written notice of such hearing to be given to the
Planning Commission of any city in which such properties are
located, or to the Orange County Planning Commission in such
cases where such properties lie within the unincorporated
portion of the County.
C. CONTINUANCE. Upon the date set for a public hearing before
the Planning Commission or an appeal before the City Council,
the Planning Commission or the City Council may continue the
hearing to another date without giving further notice thereof
if the date of the continued hearing is announced in open
meeting. (Ord. 1465 § 1, 1972: Ord. 1396 § 3, 1971: Ord.
7059 (part), 1963: Ord. 635 (part), 1950: 7949 Code § 9106.23).
20.80.060 ACTION BY COMMISSION OR CITY COUNCIL.
A. FINDINGS. In order to grant any Use Permit, the Planning
Commission or the City Council in acting on appeals or review-
ing any decision of the Planning Commission shall find that the
establishment, maintenance or operation of the use or building
applied for will not, under the circumstances of the particular
case, be detrimental to the health, safety, peace, morals,
• comfort and general welfare of persons residing or working in
the neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood
or the general welfare of the City.
Page 150
PERMITS
Chapter 20.80
•
B. IMPOSITION OF CONDITIONS. The Planning Commission or the
City Council in acting on appeals or in reviewing any decision
of the Planning Commission may impose such conditions in
connection with the granting of a Use Permit as they deem
necessary to secure the purposes of this Title and may require
guarantees and evidence that such conditions are being or will
be complied with. Such conditions may include requirements
for off - street parking facilities as determined in each case.
In the event of an appeal to the City Council from a decision
of the Planning Commission granting or denying a Use Permit,
the Planning Commission shall file with the City Council
prior to the hearing of the appeal written findings setting
forth the reasons for the decision.
C. RENDERING OF DECISION. After the conclusion of the hearing
on any application for a Use Permit, the Planning Commission
shall render a decision within 35 days. Use Permits shall
not become effective for 21 days after being granted, and in
the event an appeal is filed or if the City Council shall
exercise its right to review any such decision, the permit
shall not become effective unless and until a decision granting
the Use Permit is made by the City Council. The granting of
• any Use Permit pursuant to the provisions of this Title is
hereby declared to be an administration function, the authority
and responsibility for performing which is imposed upon the
Planning Commission, and the action thereon by the Planning
Commission shall be final and conclusive, except in the event
of an appeal or an exercise of its right of review by the City
Council. (Ord. 1396 § 4, 1971: Ord. 1057 (part), 1963: Ord.
635 (part), 1950: 1949 Code § 9106.24).
20.80.070 USE PERMIT APPEAL. A. INITIOTION OF APPEAL.
In case the applicant or any other person is not satisfied with
the action of the Planning Commission, he may appeal in writing
to the City Council by filing a notice of appeal with the City
Clerk within 21 days following said action. Said notice of
appeal shall be accompanied by a fee of Seventy -Five Dollars
($75.00).
B. DATE - NOTICE. The City Clerk shall set a date for public
hearing and give notice in the manner prescribed in Section
20.80.050. The City Clerk shall notify the appealing party
of the date set for the appeal and shall also notify the
Planning Commission if the appeal is from a decision of the
Planning Commission. Upon receiving notice of appeal to the
City Council, the Community Development Director shall submit
a written report of the Planning Commission proceedings to
• the City Council, together with all maps, letters, exhibits,
and other documentary evidence considered by the Planning
Commission in reaching a decision.
Page 151
PERMITS
is Chapter 20.80
C. DECISION. The City Council shall render its decision
within 30 days after the close of such hearing. (Ord. 1396
§ 5, 1971: Ord. 1272 (part), 1968: Ord. 1059 (part), 1963:
Ord. 635 (part), 1950: 1949 Code § 9106.24).
20.80.075 RIGHT OF REVIEW BY CITY COUNCIL. The
City Council, on its own motion, adopted by four affirmative
votes,may elect to review any decision of the Planning Commis-
sion granting a Use Permit. The City Council's right of review
may be exercised at any time prior to the expiration of 21 days
from the date on which the Planning Commission renders its
decision. In any Use Permit proceeding in which the City
Council exercises its right of review, the City Clerk shall
set a date for public hearing and give notice in the manner
specified in Section 20.80.050. The City Clerk shall also
give notice of the time and date set for the hearing to the
applicant and the Planning Commission. Upon receiving notice
of the City Council review proceeding, the Community Develop-
ment Director shall submit a written report of the Planning
Commission proceedings together with all maps, letters,
exhibits, and other documentary evidence considered by the
Planning Commission in reaching a decision. (Ord. 1396 § 6,
• 1971).
20.80.080 USE PERMIT REQUISITE TO OTHER PERMITS.
No building or zoning permit or certificate of occupancy shall
be issued in any case where a Use Permit is required by the
terms of this Title unless and until such Use Permit has been
granted by the Planning Commission or by the affirmative vote
of the City Council on appeal or review and then only in
accordance with the terms and conditions of the Use Permit
granted. (Ord. 1396 § 7, 1971: Ord. 1059 (part), 1950: 1949
Code § 9106.25).
20.80.090 REVOCATION OF PERMITS OR VARIANCES.
A. DURATION. Any zoning permit, use permit, or variance
granted in accordance with the terms of this Title shall be
revoked if not used within 1� years from the date of approval
unless, on approval, the Planning Commission specifies or
has specified a different period of time.
B. VIOLATION OF TERMS. Any zoning permit, use permit, or
variance granted in accordance with the terms of this Title
may be revoked if any of the conditions or terms of such permit
or variance are violated, or if any law or ordinance is violated
in connection therewith.
•
•
•
L
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PERMITS
Chapter 20.80
C. HEARING. The Planning Commission shall hold a hearing on
any proposed revocation after giving written notice to the
permittee at least ten days prior to the hearing, and shall
submit its recommendations to the City Council. The City
Council shall act thereon within 60 days after receipt of the
recommendation of the Planning Commission. (Ord. 845 (part),
1958: Ord. 635 (part), 1950: 1949 Code 14 9106.41, 9106.42
and 9106.43).
Page 153
MODIFICATIONS
COMMITTEE
• Chapter 20.81
M O D I F I C A T I O N S C O M M I T T E E
Chapter 20.81
MODIFICATIONS COMMITTEE
Sections:
20.81.010 Modifications Committee.
20.81.020 Powers and Duties.
20.81.030 Hearings.
20.81.040 Notices.
20.81.050 Applications.
20.81.060 Action by Committee.
20.81.070 Appeal.
20.81.080 Referral to Planning Commission.
20.81.090 Revocation of Modification Approvals.
20.81.100 Administrative Act.
• 20.81.010 MODIFICATIONS COMMITTEE. A Modifications
Committee consisting of three members is hereby established
for the purpose of passing upon requests for reasonable use
of property not permissible under existing regulations. The
Modifications Committee shall have authority to grant, subject
to appeal to the Planning Commission under provisions of this
Title, modifications as provided herein. The Committee shall
be composed of the following members: the Community Develop-
ment Director or his designated representative; the Public
Works Director or his designated representative; and the
Building Division Supervisor or his designated representative.
The Community Development Director shall act as chairman and
staff members shall be assigned to aid the Committee as
necessary. (Ord. 1480 § 1, December 18, 1972: Ord. 1378 § 1,
1971: Ord. 1268 5 1 (part), 1968).
20.81.020 POWERS AND DUTIES. Whenever a strict
interpretation of the provisions of Title 20 of this Code, or
its application to any specific case or situation would pre-
clude a reasonable use of property not otherwise permissible
under existing regulations, the Modifications Committee may
grant approval of such modifications relating to: required
building setbacks in front, side or rear yards; heights of
• walls, hedges or fences; distances between buildings; area
and height of signs; structural appurtenances or projections
which encroach into front, side or rear yards; size or loca-
tion of parking spaces or access to parking spaces; swimming
pool and swimming pool equipment encroachments; roof parking
Page 154
MODIFICATIONS
COMMITTEE
• Chapter 20.81
of automobiles; minor modifications and improvements to non-
conforming buildings; and such items as may be subsequently
set forth by the Planning Commission resolution, subject to a
confirming resolution by the City Council. The Modifications
Committee shall also pass upon all requests to extend existing
use permits which have been approved by the Planning Commission
and exercised by the applicant. (Ord. 1268 § 1 (part), 1968).
20.81.030 HEARINGS. The Modifications Committee
shall hold one or more regular meetings each month and may
hold special meetings as necessary. Upon the receipt, in
proper form, of any application filed pursuant to this chapter,
a time and place for a public hearing shall be fixed, to be
held not less than ten (10) days nor more than thirty (30)
days thereafter. Upon the date set for the public hearing
before the Modifications Committee, the Committee may continue
the hearing to another date without giving further notice
thereof if the date of the continued hearing is announced in
open meeting. (Ord. 1268 § 1 (part), 1968).
20.81.040 NOTICE. Notice of such hearing shall be
mailed not less than ten (10) days before the hearing date,
• postage prepaid, using addresses from the last equalized
assessment roll or, alternatively, from such other records
as contain more recent addresses, to owners of property within
a radius of one hundred (100) feet of the exterior boundaries
of the subject property. In addition, notice of such hearing
shall be posted in not less than two conspicuous places on or
close to the property at least ten (10) days prior to the
hearing.
If any properties included within the radius referred to above
are located outside the limits of the City of Newport Beach,
the mailed notice need not be given to those property owners;
but in lieu thereof, the Modification Committee may cause
written notice of such hearing to be given to the Planning
Commission of any city in which such properties are located,
or to the Orange County Planning Commission in such cases
where such properties lie within the unincorporated portion
of the County. (Ord. 1465 § 2, September 25, 1972: Ord.
1268 § 1 (part), 1968).
20.81.050 APPLICATIONS. A. PROCEDURE. Application
for a modification shall be made in writing to the Community
Development Department on forms provided by the City. Applica-
tions filed pursuant to this section shall be numbered con-
secutively in order of their filing and shall become a part
of permanent official records of the City, and there shall
• be attached thereto copies of all notices and actions pertain-
ing thereto. Application for modification may be made by the
Page 155
MODIFICATIONS
COMMITTEE
• Chapter 20.81
owner, lessee or agent of the owner of the property affected.
The application shall be signed by either the record owner,
the lessee or an agent of the owner, if written authorization
from the record owner is filed with the application.
B. INFORMATION REQUIRED. An application for a modification
shall be accompanied by the following:
(1) Plot plans showing all property lines, structures, parking,
driveways, other major improvements or facilities and
landscaped areas.
(2) Elevations of all proposed structures.
(3) Other plans such as floor plans as may be required by the
Community Development Director to assure a proper considera-
tion of the application.
C. FEES. Before receiving any application for a modification, the
City shall, for purposes of defraying the expenditures incidental
to the proceedings described herein, charge and collect a fee of
Eighty -Five Dollars ($85.00) for each application. (Ord.1611 5 2,
1975:Ord.1566 12,1974:Ord.1502 § 1,1973:Ord.1268 5 l(part),1968).
• 20.81.060 ACTION BY COMMITTEE. A. INVESTIGATION.
The Modifications Committee shall cause to be made, by its
own members or its respective staffs, such investigation of
facts bearing upon such application as will serve to provide
all information necessary to assure that the action on each
application is consistent with the intent of this section and
sound planning practices.
B. FINDINGS. In order to grant relief to an applicant through
a modification, the Committee shall find that the establishment,
maintenance or operation of the use of the property or building
will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, comfort and general
welfare of persons residing or working in the neighborhood of
such proposed use or be detrimental or injurious to property
and improvements in the neighborhood or the general welfare
of the City and further that the proposed modification is
consistent with the legislative intent of Title 20 of this
Code.
C. IMPOSITION OF CONDITIONS. The Modifications Committee may
impose such conditions in connection with the granting of a
modification as they deem necessary to secure the purposes of
this title and may require guarantees and evidence that such
conditions are being or will be complied with.
Page 156
MODIFICATIONS
COMMITTEE
' Chapter 20.81
D. RENDERING OF DECISION. After the conclusion of the hearing
on any application for a modification, the Committee shall
render a decision within fifteen (15) days unless otherwise
stipulated by the applicant and the Committee. No permit or
license shall be issued for any use or property modification
until the decision shall have become final by reason of the
expiration of time to make an appeal, which for purposes of
modifications shall be seven (7) calendar days after the date
of the Committee's decision. In the event an appeal is filed,
the modification shall not become effective unless and until
a decision is made by the Planning Commission on such appeal.
E. NOTICE. The Modifications Committee shall set forth in
writing the findings upon which the decision is made. A
copy of said findings shall be mailed by first class mail
to the applicant and any other interested person who makes
request during the public hearing. A copy shall also be posted
on the official notice board of City Hall until such time as
the decision has become final and copies shall also be directed
to the Secretary of the Planning Commission and the City
Council. (Ord. 1502 5 2, 1973: Ord. 1268 § 1 (part), 1968).
20.81.070 APPEAL. A. INITIATION OF APPEAL. In
' case the applicant or any other interested person is not
satisfied with the action of the Modifications Committee, he
may appeal in writing to the Planning Commission by filing a
notice of appeal with the Secretary of the Planning Commission
within seven (7) calendar days following the decision of the
Committee.
B. FEE. To partially defray the administrative costs of the
City, the Notice of Appeal shall be accompanied by a fee of
One Hundred Dollars ($100.00).
C. DATE - NOTICE. The Planning Commission shall set a date
for public hearing and give notice in the same manner as pre-
scribed in Section 20.81.040. Upon receiving Notice of Appeal
to the Planning Commission, the written findings of the
Modifications Committee shall be submitted to the Planning
Commission together with all maps, letters, exhibits, and other
documentary evidence considered by the Modifications Committee
in reaching a decision.
D. DECISION. The Planning Commission shall render its decision
within thirty (30) days after the filing of such appeal.
E. APPEAL TO CITY COUNCIL.
' (1) In case the applicant or any other person is not
satisfied with the action of the Planning Commission,
he may appeal in writing to the City Council by fil-
ing a notice of appeal with the City Clerk within 21
Page 157
MODIFICATIONS
COMMITTEE
. Chapter 20.81
days following said action. Said notice of appeal
shall be accompanied by a fee of Seventy -Five Dollars
($75.00).
(2) DATE - NOTICE. The City Clerk shall set a date for
public hearing and give notice in the same manner as
prescribed in Section 20.81.040. The City Clerk
shall notify the appealing party of the date set for
the appeal and shall also notify the Planning Commis-
sion. Upon receiving notice of appeal to the City
Council, the Community Development Director shall
submit a written report of the Planning Commission
proceedings to the City Council, together with all
maps, letters, exhibits, and other documentary
evidence considered by the Planning Commission in
reaching a decision.
(3) DECISION. The City Council shall render its decision
within 30 days after the close of such hearing.
F. RIGHT OF REVIEW BY CITY COUNCIL OR PLANNING COMMISSION.
The Planning Commission or City Council, on their own motions,
adopted by four affirmative votes, may elect to review any
• decisions of the Modifications Committee approving an appli-
cation for a modification. The City Council on its own motion,
adopted by four affirmative votes, may also elect to review any
decisions of the Planning Commission approving an application
for a modification. In the case of a decision from the Modifi-
cations Committee, the Planning Commission's or City Council's
right of review may be initiated at any time prior to the
expiration of seven (7) days from the date on which the
Modifications Committee renders its decision. Said review
may be initiated by any member of the Planning Commission
or the City Council by notification to the Director of Com-
munity Development. The Director of Community Development
will thereafter impose a temporary stay of the Modifications
Committee's action until such time as the Planning Commission
or City Council shall meet and decide to exercise their right
of review by four affirmative votes. In the case of a deci-
sion from the Planning Commission, the City Council's right
of review may be initiated at any time prior to the expiration
of 21 days from the date on which the Planning Commission
renders its decision. In any application for a modification
proceeding in which the City Council exercises its right of
review, the City Clerk shall set a date for public hearing
and give notice in the manner specified in Section 20.81.070E(2).
The City Clerk shall also give written notice of the time and
date set for the hearing to the applicant and the Planning
• Commission. Upon receiving notice of the City Council review
proceeding, the Community Development Director shall submit a
written report of the Planning Commission proceedings together
with all maps, letters, exhibits, and other documentary evidence
considered by the Planning Commission in reaching a decision.
(Ord. 1502 § 3, 1973: Ord. 1464 § 1, 1972: Ord. 1268 4 1 (part),
1968).
Page 158
MODIFICATIONS
COMMITTEE
• Chapter 20.81
20.81.080 REFERRAL TO PLANNING COMMISSION. In the
event the Modifications Committee determines that an applica-
tion should properly be heard by the Planning Commission, it
may refer the matter to the Planning Commission for hearing
and original determination on the merits. The procedure for
notice and hearings held by the Planning Commission on such
applications shall be in accordance with the same provisions
as set forth in this chapter. (Ord. 1502 § 4, 1973: Ord.
1268 § 1 (part), 1968).
20.81.090 REVOCATION OF MODIFICATION APPROVALS.
A. DURATION. Any modification granted in accordance with
the terms of this title shall be automatically revoked if
not used within six (6) months from the date of approval,
unless, on approval, the Modifications Committee specifies
or has specified a different period of time. Upon a written
request for an extension of time, the Committee may extend
the duration of the modification for such additional time as
may be necessary.
B. VIOLATION OF TERMS. Any modification approval granted
in accordance with the terms of this title may be revoked if
any of the conditions or terms of such modification are violated,
• or if any law or ordinance is violated in connection therewith.
C. HEARING. The Modifications Committee shall hold a hearing
on any proposed revocation for violation of the terms and
conditions of such modification after giving written notice
to the permittee at least ten (10) days prior to the hearing.
(Ord. 1268 § 1 (part), 1968).
20.81.100 ADMINISTRATIVE ACT. The granting of any
modification, when conforming to the provisions of this title,
is hereby declared to be an administrative function, the
authority and responsibility for performing which is imposed
upon the Modifications Committee and the Community Development
Director and the action thereon by the Modifications Committee
or Community Development Director shall be construed as admin-
istrative acts performed for the purpose of assuring that the
intent and purpose of this title shall apply in special cases,
as provided in this section, and shall not be construed as
amendments to the provisions of this title or the zonin map
of the City. (Ord. 1502 § 5, 1973: Ord. 1268 § 1 (part , 1968).
•
•
•
•
V A R I A N C E S
Chapter 20.82
VARIANCES
Sections:
Page 159
VARIANCES
Chapter 20.82
20.82.010 Policy.
20.82.020 Application.
20.82.030 Delegation of Authority to Community
Development Director.
20.82.040 Public Hearings.
20.82.050 Action by Commission, Director or City Council.
20.82.060 Appeal.
20.82.010 POLICY. Where practical difficulties,
unnecessary hardships and results inconsistent with the general
purpose of this Title may result from the strict application of
certain provisions thereof, variance may be granted as provided
in this Chapter. (1949 Code 9 9106.3 added by Ord. 635;
December 12, 1950).
20.82.020 APPLICATION. A. FILING - FEE. Applications
for variances shall be made in writing and filed in the office
of the Planning Department on forms prescribed by the Commission
and shall be accompanied by a filing fee of Two Hundred Twenty
Five Dollars ($225.00).
B. APPLICANT. Application for a variance may be made by the
owner, lessee, or agent of the owner of the property affected.
The application shall be signed by the record owner, lessee,
or may be signed by an agent of the owner if written authoriza-
tion from the record owner is filed with the application.
C. EVIDENCE. The application shall, in addition, be accompanied
by a statement, plans and evidence showing:
(1) That there are exceptional or extraordinary circumstances
applying to the land, building or use referred to in the
application, which circumstances or conditions do not apply
generally to land, buildings and /or uses in the same
district.
(2) That the granting of the application is necessary for the
preservation and enjoyment of substantial property rights
of the applicant.
Page 160
VARIANCES
Chapter 20.82
• (3) That the granting of such application will not, under the
circumstances of the particular case, materially affect
adversely the health or safety of persons residing or
working in the neighborhood of the property of the appli-
cant and will not under the circumstances of the particular
case be materially detrimental to the public welfare or
injurious to property or improvements in the neighborhood.
(1949 Code § 9106.31 added by Ord. 635; and amended by
Ord. 1059 and Ord. 1272; September 10, 1968: Ord. 1566
§ 3, 1974).
20.82.030 DELEGATION OF AUTHORITY TO COMMUNITY
DEVELOPMENT DIRECTOR. A. DELEGATION BY RESOLUTION. The
Planning Commission may delegate authority to act on any specific
class of variance. Such delegation of authority shall be made
by formal 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 Develop-
ment may in his discretion decline to act on any application for
• a variance over which he has been granted jurisdiction and may
refer the application to the Planning Commission for its
decision. (1949 Code § 9106.32 added by Ord. 1059; September
23, 1963) .
20.82.040 PUBLIC HEARINGS. A. REQUIRED NOTICE. A
public hearing shall be held on all variances, except as other-
wise provided in this Chapter, within sixty (60) days after
filing of the application; provided, however, that public
hearings need not be held on applications over which juris-
diction has been delegated to the Director of Community Develop-
ment. Notice of such hearing shall be mailed not less than ten
(10) days before the hearing date, postage prepaid, using
addresses from the last equalized assessment roll or, alter-
natively, from such other records as contain more recent
addresses, to owners of property within a radius of three
hundred (300) feet of the exterior boundaries of the subject
property. In addition, notice of such hearing shall be
posted in not less than two cons icuous 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. 1465 § 3,
September 25, 1972: Ord. 1059, 1963: Ord. 635, 1950: 1949
Code §§ 9106.32, 9106.33).
•
Page 161
VARIANCES
Chapter 20.82
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 Community Development
Director or the City Council in acting on appeals, shall be
that the applicant has established the grounds for variance
set forth in this Chapter.
B. CONDITIONS. The Planning Commission, Community Development
Director, or City Council in acting on appeals, may designate
such conditions in connection with the granting of a variance
as they deem necessary to secure the purposes of this Title,
and may require such guarantees and evidence that such conditions
are being or will be complied with. Such conditions may include
requirements for off - street parking facilities as determined in
each case.
C. RENDERING OF DECISION. After the conclusion of the hearing
on any application for a variance, the Planning Commission or
the Community Development Director shall render a decision
within 35 days following the close of the hearing on the appli-
cation. A variance shall not become effective for 21 days
after being granted, and in the event an appeal is filed, the
• variance shall not become effective unless and until a decision
granting the variance is made by the City Council on such appeal.
The granting of any variance, when conforming to the provisions
of this Title, is hereby declared to be an administrative
function, the authority and responsibility for performing
which is imposed upon the Planning Commission and Community
Development Director and the action thereon by the Planning
Commission or Community Development Director shall be final
and conclusive except in the event of an appeal as hereinafter
provided. (Ord. 1415 5 3, 1971: Ord. 1059, 1963: Ord. 635,
1950: 1949 Code H 9106.33, 9106.34).
20.82.060 APPEAL. A. INITIATION OF APPEAL. In case
the applicant or any person, firm or corporation is not satis-
fied with the action of the Planning Commission or the Community
Development Director, he may appeal to the City Council by
filing a written notice of appeal with the City Clerk within
twenty -one (21) days after the decision is made. Said notice
of appeal shall be accompanied by a fee of Seventy -Five Dollars
($75).
B. DATE - NOTICE. The City Clerk shall set a date for public
hearing of the appeal and give notice as required in Section
20.82.040. The City Clerk shall notify the appealing party
of the date set for the appeal and shall also notify the
• Planning Commission if the appeal is from a decision of the
Planning Commission, or the Community Development Director if
the appeal is from a decision of the Community Development
Director. Upon receiving notice of an appeal to the City
•
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VARIANCES
Chapter 20.82
Council, the written findings of the Planning Commission or
the Community Development Director shall be submitted to the
City Council, together with all maps, letters, exhibits and
other documentary evidence considered by the Planning Commis-
sion or the Community Development Director in reaching a
decision.
C. DECISION. The City Council shall render its decision
within 60 days after the filing of such appeal. (Ord. 1415
§ 4, 1971: Ord. 1272, 1968: Ord. 1059, 1963: Ord. 635, 1950:
1949 Code it 9106.34, 9106.35).
•
•
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N O N C O N F O R M I N G S T R U C T U R E S
Chapter 20.83
NONCONFORMING STRUCTURES AND USES
Sections:
Page 163
NONCONFORMING
STRUCTURES & USES
Chapter 20.83
A N 0 U S E S
20.83.010
Prior Use of Land.
20.83.020
Prior Use of Buildings.
20.83.030
Extension Throughout Building of
Nonconforming Use.
20.83.040
Change of Nonconforming Use.
20.83.050
Cessation of Nonconforming Use.
20.83.060
Restoration of Damaged or Destroyed
Building.
20.83.070
Maintenance and Repairs.
20.83.080
Prior Plans, Construction or Designated Use.
20.83.090
Exempt Nonconforming Buildings.
20.83.010 PRIOR USE OF LAND. The lawful use of land
existing at the time of the adoption of this Title, although
such use does not conform to the regulations herein specified
for the district in which such land is located, may be continued,
provided that no such use shall be enlarged or increased, nor
be extended to occupy a greater area than that occupied by such
use at the time of the adoption of this Title, and that if any
such use ceases, the subsequent use of such land shall be in
conformity to the regulations specified by this Title, for the
district in which such land is located. (Ord. 635, 1950: 1949
Code § 9105.7(a)).
20.83.020 PRIOR USE OF BUILDINGS. The lawful use of
buildings existing at the time of the adoption of this Title
may be continued, although such use does not conform to the
regulations specified for the district in which such buildings
are located. (Ord. 635, 1950: 1949 Code § 9105.7(b)).
20.83.030 EXTENSION THROUGHOUT BUILDING OF NONCONFORM-
ING USE. The nonconforming use of a portion of a building may
be extended throughout the building; provided, that in each
case a Use Permit shall first be obtained. (Ord. 635, 1950:
1949 Code § 9105.7(c)).
Page 164
NONCONFORMING
STRUCTURES & USES
• Chapter 20.83
20.83.040 CHANGE OF NONCONFORMING USE. The non-
conforming use of a building may be changed to a use of the
same or more restricted nature; provided, that in each case
a Use Permit shall first be obtained. (Ord. 635, 1950: 1949
Code § 9105.7(d)).
20.83.050 CESSATION OF NONCONFORMING USE. If the
nonconforming use of a building ceases for a continuous period
of six months, it shall be considered abandoned and shall
thereafter be used only in accordance with the regulations
for the District in which it is located. (Ord. 635 (part),
1950: 1949 Code § 9105.7(e)).
20.83.060 RESTORATION OF DAMAGED OR DESTROYED BUILD-
ING. A nonconforming building damaged or destroyed by fire,
explosion, earthquake, or other act to an extent of more than
ninety percent (90 %) of its appraised value at the time of the
damage, as fixed by the General Appraisal Company of Los Angeles,
California, or other equally responsible firm, or to an extent
of one hundred percent (100 %) of the appraised value thereof
according to the assessment by the Assessor for the fiscal
year during which such destruction occurs, may be restored
only if a Use Permit is first obtained in each case. (Ord.
635 (part), 1950: 1949 Code § 9105.7(f)).
20.83.070 MAINTENANCE AND REPAIRS. Ordinary main-
tenance and repairs may be made to any nonconforming building,
providing no structural alterations are made and provided that
such work does not exceed fifteen percent (15 %) of the appraised
value in any one year period. Other repairs or alterations may
be permitted provided that a Use Permit shall first be secured
in each case. (Ord. 635 (part), 1950: 1949 Code § 9105.7(g)).
20.83.080 PRIOR PLANS, CONSTRUCTION OR DESIGNATED
USE. Nothing contained in this title shall be deemed to
require any change in the plans, construction or designated
use of any building for which a building permit has properly
been issued, in accordance with the provisions of ordinances
then effective, and upon which actual construction has been
started prior to the effective date of this Title, provided,
that in all such cases actual construction shall be diligently
carried on until completion of the building. (Ord. 635 (part),
1950: 1949 Code § 9105.7(h)).
20.83.090 EXEMPT NONCONFORMING BUILDINGS. The
following types of nonconforming buildings are exempt from
the requirement of a Use Permit for certain repairs, altera-
tions or additions as provided in Section 20.83.070.
Page 165
NONCONFORMING
• STRUCTURES USES
Chapter 20.83
(a) Buildings located in R -1 -B, R -2 -B, R -3 -8, and R -4 -B
Districts which are nonconforming only because
amendments of this Title have changed side yard
requirements subsequent to the original construction
of such buildings. Such nonconforming side yards
may be continued in the construction of additions.
(b) Buildings which are nonconforming only because
amendments of this Title have changed the dimensions
of required parking or garage spaces from 8 feet by
20 feet to 9 feet by 20 feet subsequently to the
original construction of the building; provided that
the building together with any proposed addition will
conform to existing provisions of this Title with
regard to the number of required parking or garage
spaces.
Such repairs, alterations or additions must comply
with all requirements of this Title in effect on
the date the application for a building permit is
filed, except as otherwise provided in this section.
(Ord. 1076 (part), 1964: Ord. 909 (part), 1960: 1949
• Code 5 9105.8).
0
0
Sections:
A M E N D M E N T S
Chapter 20.84
AMENDMENTS
Page 166
AMENDMENTS
Chapter 20.84
20.84.010 Method of Amendment.
20.84.020 Initiation.
20.84.030 Public Hearings.
20.84.040 Action by Planning Commission.
20.84.050 Action by City Council.
20.84.060 Right of Review by City Council.
20.84.010 METHOD OF AMENDMENT. This Title may be
amended by changing the boundaries of districts or by changing
• any other provisions thereof whenever the public necessity and
convenience and the general welfare require such amendment by
following the procedure of this Chapter. (Ord. 635, 1950:
1949 Code § 9106.5).
20.84.020 INITIATION. An amendment may be initiated
by:
(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 of Three Hundred
Thirty Five Dollars ($335.00), no part of which shall
be returnable to the petitioner.
(b) Resolution of intention of the City Council.
(c) Resolution of intention of the Planning Commission.
(Ord. 1272 § 7, 1968: Ord. 1011, 1962: Ord. 635, 1950:
1949 Code § 9106.51: Ord. 1566 § 4, 1974:Ord.1611 § 4,1975.
20.84.030 PUBLIC HEARINGS. A. REQUIRED - NOTICE.
The Planning Commission shall 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 circulation
within the City at least ten (10) days prior to the first of
•
such hearings.
Page 167
AMENDMENTS
Chapter 20.84
B. NOTICE TO NEIGHBORING PROPERTY OWNERS. In case the
proposed amendment consists of a change of the boundaries of
any district so as to reclassify any property from any district
to any other district, the Planning Commission shall cause
additional notice of such hearing to be mailed not less than
ten (10) days before the hearing date, postage prepaid, using
addresses from the last equalized assessment roll or, alter-
natively, from such other records as contain more recent ad-
dresses, to owners of property within a radius of three hundred
(300) feet of the exterior boundaries of the subject property.
In addition, notice of such hearing shall be posted in not less
than two conspicuous places on or close to the property at
least ten (10) days prior to the hearing.
If any properties Included within the radius referred to above
are located outside the limits of the City of Newport Beach,
the mailed notice need not be given to those property owners;
but in lieu thereof, the Planning Commission may cause written
notice of such hearing to be given to the Planning Commission
of any city in which such properties are located or to the
Orange County Planning Commission in such cases where such
properties lie within the unincorporated portion of the
County. (Ord. 1465 § 4, September 25, 1972: Prior Ord. 845,
1958: Ord. 635, 1950: 1949 Code § 9106.52).
20.84.040 ACTION BY PLANNING COMMISSION. Following
the hearing provided for by Section 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 no later than ninety (90) days after the first published
notice of the Planning Commission hearing, unless such time
limit is extended upon the mutual agreement of the parties
having an interest in the proceedings. Failure of the Planning
Commission to take action on the proposed amendment or failure
to report within the time limit shall be deemed to be approval
of the proposed amendment by the 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 twenty -one (21) days after such
disapproval. (Ord. 1415 § 6, 1971: Ord. 937, 1960: Ord. 635,
1950: 1949 Code § 9106.53).
20.84.050 ACTION BY CITY COUNCIL. Upon receipt of
such report from the Planning Commission, or upon the expiration
of the time limit prescribed in Section 20.84.040, or upon the
filing of any appeal, the City Council shall set the matter
for one public hearing giving notice thereof as prescribed in
Section 20.84.030.
Page 168
AMENDMENTS
Chapter 20.84
•
Notice shall also be given to the Planning Commission of such
appeal, and the Planning Commission shall submit a report of
its findings and recommendations to the City Council 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 of Seventy -Five Dollars ($75).
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 expira-
tion of the time limit prescribed in Section 20.84.040, or
within sixty days after the filing of any appeal. (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 Commis-
Sion, may be reviewed by the City Council on its own motion,
adopted by four affirmative votes. The City Council's right
to review may be exercised at any time prior to the expiration
of 21 days from the date on which the Planning Commission
renders its decision. In any amendment proceeding in which
the City Council 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 City Clerk shall also
give written notice to the Planning Commission and to the
Community Development Department. Upon receiving notice of the
City Council review proceeding, the Community Development
Director shall submit a written report of the Planning Commis-
sion's proceedings, together with all maps, letters, exhibits
and other documentary evidence considered by the Planning
Commission in reaching its decision. (Ord. 1548 § 2, 1974:
Ord. 1414 § 1, 1971).
•
Page 169
APPEALS
• Chapter 20.85
A P P E A L S
Chapter 20.85
APPEALSI
Sections:
20.85.010 Appeal Procedure.
20.85.010 APPEAL PROCEDURE. A. AUTHORITY OF COMMIS-
SION. The Planning Commission shall have 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
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.
•
C. NOTICE TO COMMISSION. Notice shall be given to the Planning
Commission of such appeal and the Planning Commission shall
submit a report to the City Council setting forth the reason
for action taken by the Commission or shall be represented at
the Council meeting at the time the matter is heard.
D. RENDERING OF DECISION. The City Council shall render its
decision within thirty (30) days after the filing of such
appeal. (Ord. 1415 § 7, 1971: Ord. 1059, 1963: Ord. 635,
1950: 1949 Code §§ 9106.35, 9106.36).
1. Use permit appeal - See Chapter 20.80.
Variance appeal - See Chapter 20.82.
Appeal on amendments - See Chapter 20.84.
C
is
•
E N F O R C E M E N T
Chapter 20.86
ENFORCEMENT
Sections:
Page 170
ENFORCEMENT
Chapter 20.86
20.86.010 Responsibility for Enforcement.
20.86.020 Penalty for Violations.
20.86.030 Declaration of Nuisance - Abatement.
20.86.040 Effect of Remedies.
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 provi-
sions of this Title pertaining to the creation, construction,
reconstruction, moving, conversion, alteration or addition
to any building or structure. (Ord. 635, 1950: 1949 Code §
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 by both such fine and imprisonment.
Such person, firm or corporation shall be deemed to be guilty
of a separate offense for each and every day during 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 § 9109.2).
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Page 171
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 and the
same is hereby declared to be unlawful and a public nuisance;
and the City Attorney shall, upon order of the City Council,
immediately commence action or proceedings for the 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 to the provisions of this Title. (Ord. 635, 1950:
1949 Code § 9109.3).
20.86.040 EFFECT OF REMEDIES. The remedies provided
for herein are cumulative and not restrictive. (Ord. 635,
1950: 1949 Code § 9109.4).
•
•
•
D E F I N I T I O N S
Chapter 20.87
DEFINITIONS
Sections:
Page 172
DEFINITIONS
Chapter 20.87
20.87.010
Effect of Chapter.
20.87.020
Alley.
20.87.030
Automobile Court (Motels).
20.87.032
Automobile Service Station.
20.87.035
Basement.
20.87.040
Boarding House.
20.87.050
Buildable Area.
20.87.060
Building.
20.87.070
Building, Accessory.
20.87.080
Building, Main.
20.87.090
Building Site.
20.87.100
Business, Retail.
20.87.110
Business, Wholesale.
20.87.120
Combining District.
20.87.130
District.
20.87.135
Drive -In and Take Out Restaurant.
20.87.136
Drive -In Facilities.
20.87.140
Dwelling Unit.
20.87.150
Dwelling, Single - Family.
20.87.160
Dwelling, Two - Family Or Duplex.
20.87.170
Dwelling, Multiple.
20.87.180
Family.
20.87.182
Floor Area, Gross.
20.87.184
Floor Area, Net.
20.87.190
Garage Space.
20.87.200
Grade.
20.87.205
Height of Building.
20.87.207
Helicopter.
20.87.208
Heliport or Helistop.
20.87.210
Hotel.
20.87.220
Junk Yard.
20.87.225
Major Automobile Repairs.
20.87.230
Nonconforming Use.
20.87.235
Outdoor Restaurant.
20.87.240
Parking Area.
20.87.250
Parking Lot.
20.87.260
Parking Space.
20.87.265
Restaurant.
20.87.270
Reversed Frontage.
20.87.280
Rooming or Boarding House.
20.87.285
Story.
20.87.290
Street.
20.87.300
Street Line.
•
20.87. 310
20.87,320
20.87. 330
20.87,340
20.87. 350
20.87,360
20,87. 370
20.87, 380
20.87. 390
Structure.
Structural Alterations.
Trailer Court.
Use.
Use - accessory.
Yard.
Yard - Front.
Yard - Rear.
Yard - Side.
Paye 173
DEFINITIONS
Chapter 20.87
20.87,010 EFFECT OF CHAPTER. For the purpose of
this Title, certain terms used herein shall have the meaning
assigned to them by this chapter, (Ord. 635 (part), 1950:
1949 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). The term
• "automobile court (motels)" shall mean a group of two or
more detached or semi- detached buildings containing guest
rooms or apartments, with automobile storage space serving
such rooms or apartments provided in connection therewith,
which group is designed and used primarily for the accommoda-
tion of transient automobile travelers. (Ord. 635 (part),
1950: 1949 Code § 9107.12).
20.87.032 AUTOMOBILE SERVICE STATION. The term
"Automobile Service Station" shall mean a retail place of
business engaged in the servicing of motor vehicles, including
those activities and operations as specified in Section 20.70.050,
but excluding major automobile repairs. (Ord. 1411 § 1, 1972).
20.87.035 BASEMENT. The term "basement" shall mean
that portion of a building between floor and ceiling, which
is partly below and partly above grade as defined in this
Chapter, but so located that the vertical distance from the
floor below is less than the vertical distance from grade to
ceiling. (Ord. 1115 (part, 1965: 1949 Code § 9107.121).
20.87.040 BOARDING HOUSE. The term "boarding house"
shall mean a dwelling other than a hotel where lodging or
lodging and meals for three or more persons is provided for
compensation. (Ord. 635 (part), 1950: 1949 Code § 9107.13).
0
Page 174
DEFINITIONS
Chapter 20.87
20.87.050 BUILDABLE AREA. The term "buildable
area" shall mean the area of a building site, excluding any
basic minimum side, front and rear yard spaces, required
for 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 shelter or housing of any
person, animal or chattel. (Ord. 635 (part), 1950: 1949
Code § 9107.14).
20.87.070 BUILDING, ACCESSORY. The term "accessory
building" shall mean a subordinate building, the use of which
is incidental to that of the main building on the same lot
and /or building site. (Ord. 635 (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 of the lot and /or building site on which it is situated.
(Ord. 635 (part), 1950: 1949 Code § 9107.16).
• 20.87.090 BUILDING SITE. The term "building site"
shall mean a lot or parcel of land, in single or joint owner-
ship, and occupied or to be occupied by a main building and
accessory buildings, or by a dwelling group and its accessory
buildings, together with such open spaces as are required by
the terms of this Title, and having its principal frontage on
a street, road, highway, waterway or ocean front. Where said
building site is comprised of more than one subdivided lot or
fraction thereof, no new construction, or alterations to a
single family dwelling or duplex in excess of $5,000.00 in
any one -year period shall be permitted until such time as the
owner of said lots or portions thereof has caused to be
executed and recorded a covenant and agreement to hold pro-
perty as a single parcel and building site, which shall have
been approved by the City Attorney as to form and the Community
Development Director as to content, guaranteeing that said
lots or fractions thereof will be held and used as a single
parcel or building site. In the case of all other forms of
development, no new construction, or alterations to existing
structures in excess of $5,000.00 in any one -year period shall
be permitted until such time as said lots or fractions thereof
have been resubdivided into a single parcel or building site.
(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 the retail sale of any article, sub-
stance, or commodity for profit or livelihood, conducted
within a building but not including the sale of lumber or
other building materials or the sale of used or secondhand
goods or materials of any kind. (Ord. 635 (part), 1950:
1949 Code 4 9107.18).
•
Page 175
DEFINITIONS
Chapter 20.87
20.87.110 BUSINESS, WHOLESALE. The term "whole-
sale business" shall mean the wholesale handling of any
article, substance or commodity for profit or livelihood,
but not including the handling of lumber or other building
materials, or the open storage or sale of any material or
commodity, and not including the processing or manufacture
of any product or substance. (Ord. 635 (part), 1950: 1949
Code ! 9107.19).
20.87.120 COMBINING DISTRICT. The term "combining
district" shall mean any district in which the general
district regulations are combined with those of a "B" or
"H" District for the purpose of adding additional special
regulations, i.e. R -1 combined with "B" (R -1 -B) increases
the area and yard requirements. C -1 combined with "H"
(C -1 -H) adds the additional requirement of off - street park-
ing. (Ord. 635 (part), 1950: 1949 Code § 9107.20).
20.87.130 DISTRICT. The term "district" shall mean
a portion of the City within which certain uses of land and
buildings are permitted or prohibited and within which certain
yards and other open spaces are required and certain height
• limits are established for buildings, all as set forth and
specified in this Title. (Ord. 635 (part), 1950: 1949
Code § 9107.21).
20.87.135 DRIVE -IN AND TAKE OUT RESTAURANT. The
terms "drive -in ", "walk -up" and "take out" restaurants shall
mean a place of business which sells food products or bever-
ages and which:
1. Delivers such food products or beverages to
customers outside of the building in which they are pre-
pared by means of a service window, counter or similar
method or device, or
2. Delivers such food products or beverages to
customers within a building which is designed in such a
manner that a majority of the customers will remove such
food products or beverages from the building for consump-
tion either on the premises or in the immediate vicinity.
(Ord. 1266 § 1; August 19, 1968: prior Ord. 1202 § 1;
February 14, 1967).
20.87. 136 DRIVE -IN FACILITIES. The term "drive -
in facility" shall mean any place of business, excluding
gasoline service stations and drive -in restaurants, which
transacts any part or all of its business directly with
customers within a vehicle. (Ord. 1380 § 1, 1971).
• 20.87.140 DWELLING UNIT. The term "dwelling
unit" shall mean a building or portion of a building used
to house not more than one family. (Ord. 1579 B 1, 1974:
Ord. 635 (part), 1950: 1949 Code § 9107.22).
Page 176
DEFINITIONS
Chapter 20.87
' 20.87.150 DWELLING, 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 9 9107.24).
20.87.170 DWELLING, MULTIPLE. The term "multiple
dwelling" shall mean a building or group of associated
buildings each of which contains 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. The term "family" shall mean
(1) an individual or two or more persons related by blood,
marriage or adoption; or (2) a group of not more than four
persons who are not related by blood, marriage or adoption;
or (3) a combined group of related and unrelated persons
' where the total number of related and unrelated persons
does not exceed four, living together as a single housekeep-
ing unit in a dwelling unit. (Ord. 1579 § 5, 1974: Ord.
1173 § 1, 1966: Ord. 635 (part), 1950: 1949 Code § 9107.26).
20.87.182 FLOOR AREA, GROSS. "Gross Floor Area"
is the area included within the surrounding exterior walls
of a building or portion thereof, exclusive of vent shafts
and courts. The floor area of a building, or portion thereof,
not provided with surrounding exterior walls shall be the
usable area under the horizontal projection of the roof or
floor above. (Ord. 1404 § 1, 1971).
20.87.184 FLOOR AREA, NET. "Net Floor Area" is
the area included within the surrounding walls of a building,
exclusive of vent shafts, elevator shafts, stairways, exterior
corridors or balconies, rooms containing only mechanical and
electrical equipment used for service of the building, utility
shafts and parking. (Ord. 1404 9 2, 1971).
20.87.190 GARAGE SPACE. The term "garage space"
shall mean an accessible and usable covered space of not less
than 9 feet clear width, inside measurements, by 20 feet, clear
length, inside measurements, for the parking of automobiles
off the street, such space to be located on the lot so as to
meet the requirements of this Title for any accessory building.
Any such garage space to be so located on the front one -half
of a lot shall have side walls, roof, and an operating garage
door for access of automobiles. (Ord. 845 (part), 1958:
1949 Code 9 9107.27).
Page 177
DEFINITIONS
Chapter 20.87
•
20.87.200 GRADE. For the purpose of measuring
height, the grade shall be natural grade unless the Planning
Commission approves a grading plan or map, or a grading permit
has been issued on or before the effective date of this ordin-
ance (October 12, 1972), under which circumstances grade shall
be finished grade as shown on the plan or map so approved or
on the plan for which the permit was issued. In a case where
natural grade or finished grade as referred to herein is, in
the judgment of the Planning Commission, inappropriate or
unworkable for the purpose of measuring height, the Planning
Commission shall establish grade in such a way as to insure
that the intent or purpose of Chapter 20.02 is fulfilled.
(Ord. 1454 (part), 1972: Ord. 1404 § 2, 1971).
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 measuared to the average
height of the roof, but that no part of the roof shall extend
more than five (5) feet above the permitted height in the
height limitation zone. (Ord. 1454 (part), 1972; Ord. 1115,
1965: Ord. 635, 1950: 1949 Code § 9107.28).
• 20.87.207 HELICOPTER. The term "helicopter" shall
mean any rotocraft which depends principally for its support
and motion in the air upon lift generated by one or more rotors
that rotate on substantially vertical axes. (Ord. 1127, 1965:
1949 Code § 9107.281).
20.87,208 HELIPORT OR HELISTOP. The term "heliport"
or "helistop" shall mean any area designed, used or intended
to be used for the landing or taking off of helicopters,
including all appurtenant areas, buildings and facilities.
(Ord. 1227, 1965: 1949 Code § 9107.282).
20.87.210 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
individuals for 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 "junk yard" shall
mean the use of more than one hundred square feet of the area
of any lot or the use of any portion of that half of any lot,
which half adjoins any street, for the storage of junk,
• including scrap metals or other scrap materials or for the
dismantling or "wrecking" of automobiles or other vehicles,
or machinery whether for sale or storage. (Ord. 635, 1950:
1949 Code § 9107.30).
•
Page 178
DEFINITIONS
Chapter 20.87
20.87.225 MAJOR AUTOMOBILE REPAIRS. The term
"Major Automobile Repairs" shall mean any extensive work
involving the disassembly and /or overhaul of the engine,
clutch, transmission or differential. Also, body, frame
and fender repair, painting, welding, upholstery work, tire
recapping, glass replacement or similar activities shall be
considered as major repair work (Ord. 1411 § 2, 1972).
20.87.230 NONCONFORMING USE. The term "nonconforming
use" shall mean a use that does not conform to the regulations
for the district in which it is situated. (Ord. 635, 1950:
1949 Code § 9107.31).
20.87.235 OUTDOOR RESTAURANT. The term "outdoor
restaurant" shall mean a place of business which sells or
serves food products or beverages for consumption on the
premises where such place of business is located, and which
provides for, or permits consumption of, such food products
or beverages out -of -doors other than on an incidental basis.
(Ord. 1505 § 2, 1973: Ord. 1202 § 2, 1967).
20.87.240 PARKING AREA. The term "parking area"
shall mean an off - street parking area containing fewer than
• five spaces. (Ord. 1031, 1963: 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. The term "parking space"
shall mean an accessible and usable off - street parkin 9 space.
(Ord. 1031, 1963: Ord. 635, 1950: 1949 Code § 9107.32).
20.87.265 RESTAURANT. The term "restaurant" shall
mean a place of business which sells or serves food products
or beverages for consumption on the premises within a building
consisting 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. (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 of the corner lot and fronting on the street
which intersects the street upon which the corner lot fronts
and /or which faces the street upon which the side of a corner
lot abuts. (Ord. 635, 1950: 1949 Code § 9107.33).
20.87.280 ROOMING OR BOARDING HOUSE. The term
"rooming or boarding house" shall mean a dwelling other than a
hotel where lodging and /or meals for three or more persons are
provided for compensation. (Ord. 635, 1965: 1949 Code § 9107.34).
Page 179
DEFINITIONS
Chapter 20.87
•
20.87.285 STORY. The term "story" shall mean that
portion of a building included between the upper surface of any
floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building includ-
ed between the upper surface of the topmost floor and the ceiling
or roof above. If the finished floor level directly above a
basement, cellar or unused underfloor space is more than 6 feet
above grade as defined herein for more than 50 percent of the
total perimeter or is more than 12 feet above grade as defined
herein at any point, such basement, cellar or unused underfloor
space shall be considered as a story. (Ord. 1481 § 1,1972:
Ord. 1173 § 1, 1966: Ord. 1115, 1965: 1949 Code § 9107.341).
20.87.290 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, road, and any other thorough-
fare except an alley as defined herein. (Ord. 635, 1950:
1949 Code § 9107.35).
20.87.300 STREET LINE. The term "street line" shall
mean the boundary line between a street and property. (Ord.
• 635, 1950: 1949 Code § 9107.36).
20.87.310 STRUCTURE. The term "structure" shall mean
anything constructed or erected, the use of which required
location on the ground or attachment to something having
location on the ground. (1949 Code § 9107.37 added by Ord.
635; December 12, 1950).
20.87.320 STRUCTURAL ALTERATIONS. The term "structural
alterations" shall mean any change in the supporting members of
a building, such as bearing walls, columns, beams or girders.
(1949 Code § 9107.38 added by Ord. 635; December 12, 1950).
20.87.330 TRAILER COURT. The term "trailer court"
shall mean land or premises used or intended to be used, let
or rented for occupancy by or of trailers or movable dwellings,
rooms or sleeping quarters of any kind. (1949 Code § 9107.39
added by Ord. 635; December 12, 1950).
20.87.340 USE. The term "use" shall mean the purpose
for which land or premises of a building thereon is designed,
arranged, or intended or for which it is or may be occupied or
maintained. (1949 Code § 9107.40 added by Ord. 635; December
12, 1950).
0
Page 180
DEFINITIONS
Chapter 20.87
20.87.350 USE - ACCESSORY. The term "use- accessory"
shall mean a use incidental and accessory to the principal
use of a lot or a building located on the same lot. (1949
Code § 9107.41 added by Ord. 635; December 12, 1950).
20.87.360 YARD. The term "yard" shall mean an
open space other than a court on the same lot with a building,
which open space is unoccupied and unobstructed from the
ground upward, except as otherwise permitted. (1949 Code
5 9107.42 added by Ord. 635; December 12, 1950).
20.87.370 YARD - FRONT. The term "front yard" shall
mean a yard extending across the front of the lot between the
inner side yard lines and measured from the front property line
of the lot; provided, that if any official plan line has been
established for the side of the street upon which the front
of the lot faces, then such yard shall be measured from such
official plan line. (1949 Code 9 9107.43 added by Ord. 635;
December 12, 1950 as amended by Ord. 932; August 8, 1960).
• 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 property line of the lot; provided, that
if any official plan line has been established for the side
of the street upon which the rear of the lot faces, then such
yard shall be measured from such official plan line. (1949
Code § 9107.44 added by Ord. 635; December 12, 1950 as amended
by Ord. 932; August 8, 1960).
20.87.390 YARD - SIDE. The term "side yard" shall
mean a yard extending from the front property line of the lot
to the rear yard and measured from the side property line of
the lot; provided, that if any official plan line has been
established for the side of the street upon which the side
of the lot faces, then such yard shall be measured from such
official plan line. (1949 Code § 9107.45 added by Ord. 635;
December 12, 1950 as amended by Ord. 932; August 8, 1960).