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ORDINANCE NO. 1754
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 20.11 OF THE NEWPORT BEACH
MUNICIPAL CODE BY MAKING SAID CHAPTER
APPLICABLE ONLY TO R -1, R -3, AND R -4 DISTRICTS
AND AMENDING CHAPTER 20.15 OF THE NEWPORT
BEACH MUNICIPAL CODE BY AMENDING THE DEVELOP-
MENT STANDARDS IN THE R -2 DISTRICT
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Chapter 20.11.of the Newport Beach
Municipal Code is hereby amended to read as follows:
"CHAPTER 20.11
RESIDENTIAL DEVELOPMENT STANDARDS
Sections:
20.11.010 Effect of Chapter
20.11.020 Building Height and Floor Area Limit
20.11.030 Parking
20.11.040 Open Space Options
20.11.010 Effect of Chapter. The residential
development standards contained in this Chapter shall apply
to all dwellings located in the R -1, R -3, and R -4 Residential
Districts in Corona del Mar, West Newport and the Balboa
Peninsula as those areas are more particularly described below
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 provi-
sions 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 No. 3 as described in Ordinance No.
252 of the City of Newport Beach, approved on
February 27, 1924
(B) The areas of West Newport and the Balboa
Peninsula in which the provisions of this Chapter shall be
controlling are more particularly described as follows:
That area commonly referred to as West
Newport and the Balboa Peninsula generally
bounded by the Semeniuk Slough, Pacific Coast
Highway, the West Lido Channel, the Newport
Channel, the Main Channel, the Harbor entrance,
the Pacific Ocean and the Santa Ana River, and
more specifically described as follows:
Beginning at the intersection of the westerly
bounday of the City of Newport Beach and the
Mean High Tide Line of the Pacific Ocean; thence
proceeding northerly along said City 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 centerline 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 No. 126 on the
U.S. Bulkhead line; thence easterly to said U.S.
Bulkhead Station No. 126; thence continuing along
the U.S. Bulkhead Line to U.S. Bulkhead Station
No. 114; thence northeasterly in a straight line
to U.S. Bulkhead Station No. 165; thence north-
easterly, easterly and southerly along the U.S.
Bulkhead Line to U.S. Bulkhead Station No. 162; thence
southerly in a straight line to U.S. Bulkhead Station
No. 113 and thence proceeding along the U.S. Bulkhead
to U.S. Bulkhead Station No. 107; thence continuing
southerly along the prolongation of the U.S. Bulkhead
Line to an intersection with the Mean High Tide
Line; thence westerly and northwesterly along said
Mean High Tide Line to the point of beginning.
20.11.020. Building Height and Floor Area Limit.
(A) In the R -1 District 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.
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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 determin-
ing 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.
• 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 containing 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 -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 -3 or
R -4 Districts.
• (C) In addition to the above noted parking standards
the following parking controls shall also apply:
1. For each dwelling unit there shall be a
minimum of one covered parking space.
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2. For each dwelling unit there shall be a
minimum of one independently accessible parking
space.
3. Tandem parking up to a maximum of two cars
in depth shall be permitted.
4. Parking in one side yard shall be permitted;
provided, however, that structural encroachments
shall not be permitted.
5. Tandem parking and parking in a side yard
shall not both be permitted on the same lot.
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. In the case of a lot fronting on permanent
open space, such as the ocean or the bay, this space may be
distributed anywhere behind the required yard setback lines.
Where a question arises as to where the additional open space
should be provided, such as on a through lot or a lot with an
unusual configuration, the location of the open space shall
be determined by the Director of Community Development, follow-
ing 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
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or combination of levels and may extend across the entire
front of the structure or any portion thereof."
SECTION 2. Chapter 20.15 of the Newport Beach
Municipal Code is amended to read as follows:
"CHAPTER 20.15
R -2 District
Sections:
20.15.010
Effect of Chapter
20.15.015
Uses Permitted
20.15.020
Uses Requiring Use Permit
20.15.025
Building Height and Floor Area Limit.
20.15.030
Site Area and Lot Width
20.15.035
Site Area Coverage
20.15.040
Yards
20.15.045
Extensions Into Yards
20.15.050
Accessory Buildings - Yards,
20.15.055
Swimming Pools - Yards - Equipment
20.15.060
Changes in Yard Requirements
20.15.070
Automobile Storage or Parking Space
20.15.075
Parking Automobiles on Roofs
20.15.080
Open Space Option
•. 20.15.010 Effect of Chapter. The following regula-
tions shall apply in all R -2 Districts, subject to the provisions
of Chapter 20.10.
20.15.015 Uses Permitted. The following uses shall
be permitted in the R -2 Districts:
duplex.
(A) Single family dwellings.
(B) Two detached single - family dwellings or one
(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.
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(E) Signs in accordance with Chapter 20.06.
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
carports, but excluding decks, balconies or patios open on at
least two sides or open on one side and unroofed, contained
in all buildings on a building site in an R -2 District shall
not exceed two times the buildable area of the site, provided
that any required parking space whether open or covered shall
be included in the calculation of gross floor area for a
duplex. 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 15 feet.
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 sqaure
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.
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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.
(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 a
minimum requirement of 10 feet.
(D) Between Detached Buildings. Minimum 10 feet.
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.
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.
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20.15.070
Automobile Storage or Parking Space. Storage
or parking space for the parking of automobiles off the street shall
be provided in R -2 Districts as follows:
(A) Not less than two spaces for each single - family
dwelling containing less than 2,000 square feet, exclusive of areas
devoted to parking or open space; three spaces for any single family
dwelling containing 2,000 square feet or more, exclusive of areas
devoted to parking.or open space.
(B) Not less than three spaces for. any duplex.
(C) In addition to the above -noted parking standards
the following parking controls shall also apply:
1. For each dwelling unit there shall be a
minimum of one covered parking space.
2. For each dwelling unit there shall be a
minimum of one independently accessible parking
space.
3. Tandem parking up to a maximum of two
cars in depth shall be permitted.
• 4. Parking in one side yard shall be permitted;
provided, however, that structural encroachments
shall not be permitted.
5. Tandem parking and parking in a side yard
shall not both be permitted on the same lot.
Parking space required for other uses allowed in any R -2 District
and not set forth above shall be determined by the Planning
Commission.
20.15.075. Parking Automobiles on Roofs. Parking
of automobiles on the roof of a building in any R -2 District
is not permitted.
20.15.080. Open Space Option. Open space shall be
provided in addition to the required setbacks and separations
between detached structures. This additional open space shall
be a volume of space equal to the buildable width of the lot,
times the basic height limit, times six feet and may be
provided anywhere on the lot behind the required setback lines.
This open space shall be open on at least two sides and shall
have a minimum dimension in any direction of at least six feet
and may be used for outdoor living area. Roofs, balconies,
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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 structure or any portion thereof."
SECTION 3. This Ordinance shall be published once
in the official newspaper of the City, and the same shall be
effective 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
25th day of October , 1977, and was adopted on the
14th day of November , 1977 by the following vote, to
wit:
ATTEST:
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CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO FUS'=A!K-Xi
OATI DEC 11-1.977.
...V.:1/
CITY CLERK OF .Rl..O. N......_.. Y . ._._A..C._l..
F
AYES, COUNCILMEN: Dostal, Barrett, Kuehn,
McInnis, Rogers, Ryckoff, Williams
NOES, COUNCILMEN:
None
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IRC:yz
9/19/77
12/6/77