HomeMy WebLinkAbout1731 - RECOMMEND ADOPTION OF CA TO REVISE DEFINITIONS, LAND USE CLASSIFCATIONS, AND REGULATIONS_GROUP OCCUPANCIESRESOLUTION NO. 1731
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
ADOPTION OF CODE AMENDMENT NO. 2007 -005
AMENDING TITLE 20 OF THE MUNICIPAL CODE TO
REVISE DEFINITIONS, LAND USE CLASSIFICATIONS,
AND REGULATIONS RELATING TO GROUP
OCCUPANCIES, TO CERTAIN ASSEMBLY USES IN
WEST NEWPORT AND BALBOA PENINSULA
COMMERCIAL DISTRICTS, AND TO USE PERMITS AND
AMORTIZATION PROVISIONS FOR ALL USES IN
RESIDENTIAL DISTRICTS (PA 2007 -112)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, on May 30, 2007, the City Council initiated an amendment to Title
20 of the City of Newport Beach Municipal Code to revise definitions, land use
classifications, and regulations relating to group occupancies; and
WHEREAS, a public hearing was held on June 21, 2007 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission at
this meeting. After consideration of testimony and documentation provided the Planning
Commission continued the public hearing with directions for further action; and
WHEREAS, continued public hearings were held on August 23, 2007 and on
September 20, 2007 in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, California. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting; and
WHEREAS, the Planning Commission finds as follows:
1. In 2006 the City of Newport Beach adopted a new General Plan and the
voters adopted a new Land Use Plan. The General Plan includes a vision
statement that provides a framework or vision for the City. The first vision
is to Preserve Community Character and provides that "We have
preserved our character as a beautiful, unique residential community with
diverse upland and coastal neighborhoods. We value our colorful past, the
high quality of life, and our community bonds. The successful balancing of
the needs of residents, businesses and visitors has been accomplished
with the recognition that Newport Beach is primarily a residential
community."
City of Newport Beach
Planning Commission Resolution No. 1731
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2. The City has received evidence of increasing numbers of residential care
facilities that do not house permanent residents and operate more like
institutional and boarding housing uses than as Single Housekeeping
Units. These uses are concentrated in residential zoning districts R -1.5, R-
2, and MFR. Uses such as parolee /probationer homes, group residential
uses, non - residential uses, and other uses are operating as businesses in
residentially zoned areas of the City. These uses and the business
operations engendered by these uses are changing the unique character
and balance of Newport Beach's residential neighborhoods, violating the
General Plan's vision that seeks to retain Newport Beach as primarily a
residential community, and in many cases placing incompatible uses in
residential neighborhoods, contrary to the policies in the City's Land Use
Element (Policies LU 1.1, LU 5.1.1, and LU 627).
3. Land Use Element Policy 6.2.7 provides that the City shall regulate
residential and day care facilities to the maximum extent allowed by federal
and state law to minimize impacts on residential neighborhoods.
4. In conformance with privacy rights under the California Constitution, the
City's Zoning Code does not limit the number of related or unrelated
persons, whether or not disabled, who choose to live together as a single
housekeeping unit, which is defined as a group of people who share
common facilities and household activities and have one rental agreement.
The City considers any single housekeeping unit to be a "family" for zoning
purposes.
5. In the R -1.5, R -2, and MFR Districts near the beach, where residential
care facilities are clustered, most properties are narrow, not more than 30
feet wide, with buildings set back only three feet from the property line,
resulting in neighboring windows less than six feet away from each other.
Only one arterial roadway, Balboa Blvd., exists in the area. Other roads
are only 30 feet wide, with alleys as narrow as 10 feet across. Because of
these crowded conditions, and to implement the City's Land Use Element
and to maintain the character of residential neighborhoods, the City does not
permit group residential units, such as boarding houses, dormitories,
fraternities, and sororities, to be located in residential zoning districts,
because such group residential uses are frequently transient and institutional
in nature and differ in character and create impacts on residential
neighborhoods from single housekeeping units.
6. To provide disabled persons with an equal opportunity to use and enjoy a
home in the City's residential zoning districts, and in recognition of the
services that may be required by the disabled, the City does allow group
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residential uses serving the disabled to be located in residential districts,
while prohibiting all other group residential uses.
7. The State of California requires that residential care facilities licensed to
serve six or fewer persons must be treated as a single family home for all
local zoning purposes, and the City does currently treat, and proposes to
continue to treat, these facilities as single family homes.
8. The City has received evidence that, in several instances, two or more
residential care facilities, which may each be licensed to serve six or fewer
persons, or which may be unlicensed, may in fact be operating in duplexes
and apartments in the same building or place or otherwise as integrated
components of the same residential care facility and serving a total of seven
or more persons, such as by providing housing in one facility and
recovery, treatment, meals, or other services in another residential facility,
or by designating one facility to provide recovery, treatment, meals, or
other services for several residences. If these integral facilities are not in
fact operating as residential care facilities serving six or fewer persons and
are serving seven or more persons, they are not in compliance with the
City's reasonable regulations applicable to residential care facilities serving
seven or more persons and are operating as commercial facilities providing
services to persons who are not residing in the dwelling unit, evading the
intent of California laws allowing facilities serving six or fewer persons in one
dwelling unit to be treated as single family homes; and the City desires
appropriate zoning amendments to ensure that small licensed and
unlicensed residential care facilities are in fact serving no more than six
persons.
9. The City's existing Zoning Code permits unlicensed residential care facilities
serving six or fewer disabled persons to be located in residential districts.
Citizens have reported an increasing number of unlicensed alcohol and drug
recovery facilities located in the City; at least 18 unlicensed facilities located
in the City have stated that they provide recovery (sometimes called "clean
and sober") services to recovering drug and alcohol users. However,
because no state statutes define recovery or "clean and sober' homes, the
actual nature of these facilities is not known. ADP has reported to the State
Legislature that it receives on average 125 complaints a year regarding
sober living homes, with many complaints indicating that unlicensed facilities
are offering addiction treatment services without the required license. State
law requires a license for any facility providing a service designed to
promote treatment and maintain recovery from alcohol or drug problems and
may include any one of the following: detoxification, group sessions,
individual sessions, educational sessions, and /or alcoholism or drug abuse
recovery or treatment planning (9 CCR Section 10501(5)). Many facilities
appear to be advertising such services but do not have a license.
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Planning Commission Resolution No. 1731
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10. City residents in response to a questionnaire have expressed concerns
regarding the impacts of recovery facilities on residential communities,
including, but not limited to, impacts on traffic and parking, conversion of
garages to other uses, more frequent trash collection, smoking in the
vicinity, exposing residents to secondhand smoke and creating litter from
cigarette butts, and excessive noise, fighting, and loud offensive language.
11. The City desires to maintain zoning provisions benefiting disabled persons
by allowing disabled persons to live in residential districts in residential care
facilities, while forbidding all other group homes in residential districts, but
desires to ensure that the uses are consistent with the residential character
of neighborhoods and are not detrimental to the public health and safety.
The City further desires to ensure that unlicensed residential care facilities
purporting to serve the disabled are operating in compliance with City, state,
and federal laws and regulations, and are certified by an appropriate
agency, if such certification is available. To achieve these purposes, all new
unlicensed residential care facilities in residential neighborhoods must obtain
a use permit. Further, larger residential care facilities are limited to
multifamily neighborhoods, whereas small residential care facilities are also
permitted in R -1.5 and R -2 neighborhoods.
12. To ensure that the City complies with federal and state law, the City desires
to adopt standards and procedures for granting a reasonable
accommodation to its zoning and land use policies where necessary to give
disabled persons an equal opportunity to use and enjoy a home, where such
an accommodation does not cause an undue financial or administrative
burden or fundamentally alter the purpose of the City's adopted policies.
13. In accordance with its policy of providing disabled persons with the
opportunity to enjoy a home in the City, as of April, 2007, according to
information available from the Department of Alcohol and Drug Prevention
(ADP), the City contained 2.63 licensed alcohol and drug treatment beds per
1,000 City residents, the highest ratio in Orange County, compared to an
Orange County average of 0.52 licensed beds per 1,000 City residents. It is
the policy of the state that each city shall permit and encourage the
development of sufficient numbers and types of alcoholism or drug abuse
recovery or treatment facilities as are commensurate with local need.
(California Health & Safety Code Section 11834.20.) Analysis by the City
demonstrates that, based on the 2003 -2004 National Survey on Drug Use
and Health, the City has approximately twice the licensed bed days needed
on an annual basis. Consistent with the policy of the State, the local need for
alcoholism and drug abuse recovery and treatment services has been met in
Newport Beach.
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Planning Commission Resolution No. 1731
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14. The loss of residential characteristics of a neighborhood in which residential
care facilities serving the disabled cluster has an adverse effect on the
welfare of the individuals receiving services from the facility and defeats the
purpose of community -based recovery. The American Planning
Association's Policy Guide on Community Residences, which supports
community residences, states that community residences should be
scattered throughout residential districts rather than being concentrated on
any single block or in any single neighborhood. If several residential care
facilities locate next to one another, or are placed on the same block, the
ability of the residential care facilities to achieve normalization and
community integration would be compromised. The existing social structure
of a neighborhood can accommodate no more than one or two residential
care facilities on a single block. The Departments of Justice and Housing
Urban Development have stated that a neighborhood composed largely of
residential care facilities could adversely affect individuals with disabilities
and would be inconsistent with the objective of integrating persons with
disabilities into the community. The California Research Bureau similarly
found that facilities should be scattered throughout residential districts, and
facilities so densely clustered as to recreate an institutional environment
would defeat the purpose of community -based care.
15. The City's Zoning Code permits a variety of conditional uses in addition to
residential care facilities in residential neighborhoods. These include
government offices, clubs and lodges, religious assembly, schools,
nurseries, and bed and breakfast inns. The City's Zoning Code does not
prevent overconcentration of these uses in residential neighborhoods. To
preserve the character of the City's residential neighborhoods and to ensure
that residential care facilities are located in neighborhoods where
normalization and community integration are possible, the City desires to
adopt policies limiting the overconcentration of all conditional uses in
residential neighborhoods and to require separation of conditional uses of
1,000 feet in residential areas characterized by nonstandard subdivisions,
substandard lot widths and areas, minimal setbacks, and narrow streets and
alleys. The City also desires to adopt specific criteria for the approval of such
uses relating to traffic, parking, hours of operation, etc. to ensure that they
do not cause adverse effects on nearby residents. Existing uses not
conforming to the provisions in the amended Zoning Code shall be required
to comply with the amended ordinance within approximately two years to
ensure that the City's goals in adopting these provisions are met.
16. The California Department of Corrections has reported that approximately
70 percent of persons on parole will be returned to prison each year
because they have either been convicted of new crimes or have violated the
conditions of their parole. Residences housing two or more parolees may
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pose a danger to the safety of the community and adjacent residents, and
the City does not intend to permit such residences.
17. Convalescent homes, hospitals, and SRO residential hotels are not
compatible with residential areas, no such facilities are located in residential
districts in the City, and the City does not desire to permit such facilities in
residential districts.
18. Services involving group assembly of seven or more persons, including
clubs and lodges and such uses as youth and senior centers, particularly if
they are operating in retail storefronts, are incompatible with the West
Newport and Balboa Peninsula's commercial areas, which are intended to
serve as pedestrian - oriented villages with a mixture of retail, visitor - serving,
and marine - oriented commercial uses.
19. On February 13, 2007, the City Council adopted Resolution No. 2007 -10
initiating an amendment to Title 20 of the Newport Beach Municipal Code to
revise land use classifications and definitions related to residential care
facilities.
20. On April 24, 2007, the City Council adopted Resolution No. 2007 -8,
imposing a moratorium on the establishment of new group residential uses
and directed the Planning Department, in cooperation with the City Attorney,
to analyze the extent of regulatory controls affecting group residential uses
and required in residential districts.
21. On May 30, 2007, the City Council adopted Ordinance No. 2007 -10,
extending the moratorium for a period of five months.
22. The code amendment is not is not subject to the California Environmental
Quality Act (CEQA) because:
A. The proposed code amendment will not result in a direct or
reasonably foreseeable indirect physical change in the environment
(Section 15060(c)(2) of the CEQA Guidelines).
B. The proposed code amendment modifies the procedures for review
of conditional uses in residential areas and establishes standards for
granting a reasonable accommodation, as required by the Fair
Housing Act. The code amendment also establishes specific
conditions related to the operation of small unlicensed residential
care facilities, requires use permits for all unlicensed residential care
facilities, and limits certain conditional uses in residential zoning
districts. The code amendment also limits land uses involving group
assembly in some commercial districts. None of these restrictions
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change the physical limitations applicable to properties (such as
height, setback, etc.) nor do they expand the uses permitted in any
zoning district. Rather, they are designed to apply standards to
certain uses to ensure that they will not cause significant physical
impacts. While a request for a reasonable accommodation could
conceivably involve a physical change to the environment, the
location and type of requests that will be made are not reasonably
foreseeable, and the ordinance provides that any such request that
involves a physical change must be accompanied by an application
for a discretionary permit if otherwise required, allowing the
environmental effects of the request to be reviewed. In addition, the
federal Fair Housing Act currently requires that the City consider
requests for reasonable accommodation, so that the addition of this
chapter to the Zoning Code merely establishes procedures for the
required review.
C. The code amendment is covered by the general rule that CEQA
applies only to projects that have the potential for causing a
significant effect on the environment (Section 15061(b)(3) of the
CEQA Guidelines).
NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned
findings, the Planning Commission hereby recommends that the City Council of the City
of Newport Beach adopt Code Amendment No. 2007 -005 to Title 20 of the Newport
Beach Municipal Code as provided in Exhibits A, B, C, D, and E.
BE IT FURTHER RESOLVED that the Planning Commission recommends that
the City Council and Special Counsel further investigate the following:
1. A procedure through which existing conditional uses in residential districts
that are nonconforming due to the lack of use permit and that do not meet
the minimum separation requirements can be abated.
2. Including facilities and services located in non - residential districts within the
definition of "integral facilities."
3. Current provisions for the licensing of businesses in residential district and
strengthening them were possible.
City of Newport Beach
Planning Commission Resolution No. 1731
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PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF SEPTEMBER 2007.
AYES: Eaton, Peotter, Cole, Hawkins,
McDaniel and Hillgren
NOES: Toerge
EXHIBIT A
Section 20.03.030 Definitions
Bedroom: An enclosed space in a structure that is designed such that it could be used for
sleeping purposes and meets the room dimension requirements of the most recent edition of the
Uniform Building Code, is not accessed directly from the garage, and has one or more windows.
Block: An area of land that is bounded on all sides by streets or by streets and a shoreline.
Blockface: The properties abutting on one side of a street and lying between the two nearest
intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right -
of-way, unsubdivided land, water - course, or city boundary.
Buildine: Any structure having a roof supported by columns or walls for the housing or
enclosure of persons, animals, chattels, or property of any kind.
Caliper: The thickness of trees as measured in inches, feet, etc. Trunk diameter for trees up to 4
inches shall be measured 6 inches above the soil line, and, all trees over 4 inches in diameter will
be measured 54 inches above the soil line.
Canopy: (See awning).
Facilities for Food Preparation. An area where food may be prepared which includes, but is not
limited to, any two or more of the following items, either individually or in combination: heating
appliances such as stoves, hot plates, microwave ovens, convection ovens and /or toaster ovens,
refrigeration appliances, sinks including the plumbing thereto with running water whether with
or without a disposal and may include a bathroom sink, cabinetry or shelving used for the storage
of pots, pans, dishes, glasses, eating utensils and/or food items.
Fair Housin¢ Laws: The Federal Fair Housing
California's Fair Employment and Housing Act,
and each Act's implementing regulations.
Act, the Americans with Disabilities Act, and
as each Act may be amended from time to time,
Family. One or more persons living together as a single housekeeping unit
Floor, Finished: The surface of a floor after the final installation or application of floor
coverings or other surfacing materials.
2007 -09 -20 PC —Exhibit A
Illumination, Indirect: Illumination by means only of light cast upon an opaque surface from a
concealed source.
Individual with a Disability: As more specifically defined under the fair housing laws, a person
who has a physical or mental impairment that limits one or more major life activities, a person
who is regarded as having that type of impairment, or a person who has a record of that type of
impairment, not including current, illegal use of a controlled substance.
Integral Facilities. Two or more Residential Care Facilities (any combination of Small Licensed,
Small Nonlicensed, or General), as defined in Section 20.05.030, which may or may not be on a
single or contiguous parcels of land, that are under the control and management of the same
owner, operator, management company or licensee, including affiliates of such entities, and are
integral components of the same residential care facility, including, but not limited to, providing
housing in one residential care facility and recovery, treatment, meals or other services in another
residential care facility; by designating one residential care facility to provide recovery,
treatment, meals or other services for several residential care facilities; or by assigning staff to
serve more than one residential care facility located on the same site or within the same building.
As defined by State law, all alcohol or drug abuse recovery or treatment services within any one
place, site, or building shall be considered to be one residential care facility. Residential care
facilities that are eligible to be licensed as a single facility under State law shall be considered to
be integral facilities, regardless of the number of licenses actually held.
Kitchen: Any room or portion of a room designed, intended or used for the cooking or
preparation of food.
Nonconforming Structure: A structure that was lawfully erected, but which does not conform
with the property development regulations prescribed in the regulations for the district in which
the structure is located by reason of adoption or amendment of this code or by reason of
annexation of territory to the City. A structure shall not be considered to have been "lawfully
erected" and is an illegal structure if, at the time of construction or modification, it was
constructed or modified without required permits, including but not limited to permits required
by any federal, state, or local government agency.
Nonconforming Use: A use of a structure or land that was lawfully established and maintained,
but which does not conform with the use regulations or required conditions for the district in
which it is located by reason of adoption or amendment of this code or by reason of annexation
of territory to the City. A nonconforming use includes a use that was lawfully established and
maintained but is conditionally permitted in the district and has not obtained a use permit. A use
shall not be considered to have been "lawfully established and maintained" if it was established
without required permits or licenses or has been operated at any time without required permits or
2007 -09 -20 PC — Exhibit A
licenses. The required permits and licenses include, but are not limited to, those required by any
federal, state, or local government.
Shopping Center: A grouping of retail business and service uses on a single site with common
parking facilities.
Single Housekeeping Unit: The functional equivalent of a traditional family, whose members
are an interactive group of persons jointly occupying a single dwelling emit, including the joint
use of and responsibility for common areas, and sharing household activities and responsibilities
such as meals, chores. household maintenance, and expenses, and where, if the unit is rented, all
adult residents are parties to one written lease or rental agreement with joint responsibility for
payment of rent.
Single Ownership Holding record title, possession under a contract to purchase, or possession
under a lease, by a person, firm corporation, or partnership, individually, jointly, in common, or
in any other manner where the property is or will be under unitary or unified control.
Site: A parcel or adjoining parcels under single ownership or single control, considered a unit
for the purposes of development or other use.
Slope: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal
distance to vertical distance.
3 2007 -09 -20 PC — Exhibit A
Section 20.05.030 Residential Use Classifications
A. Boarding or Rooming House. A residence or dwelling unit, or part thereof,
wherein two or more rooms are rented under two or more separate written or oral
rental agreements, leases or subleases or combination thereof, whether or not the
owner, agent or rental manager resides within the residence.
B. Day Care, Limited. Non - residential, non - medical care and supervision of fourteen
or fewer persons on a less than twenty -four hour basis. This classification
includes, but is not limited to, nursery schools, preschools, and day care centers
for children (large and small family day care homes) and adults.
1. Large Family Child Care Homes. Day care facilities located in single -
family residences where an occupant of the residence provides care and
supervision for nine to fourteen children. Children under the age of 10
years who reside in the home count as children served by the day care
facility.
2. Small Family Child Care Homes. Day care facilities located in single -
family residences where an occupant of the residence provides care and
supervision for eight or fewer children. Children under the age of 10 years
who reside in the home count as children served by the day care facility.
C. Group Residential. Shared living quarters, occupied by two or more persons not
living together as a single housekeeping unit. This classification includes, without
limitation, boarding or rooming houses, dormitories, fraternities, sororities, and
private residential clubs, but excludes residential care facilities (general, small
licensed, and small nonlicensed) and residential hotels (see Single -Room
Occupancy (SRO) Residential Hotels, Section 20.05.050(EE)(4)).
D. Multifamily Residential. Three or more dwelling units on a site. This classifica-
tion includes mobile home and factory-built housing.
E. Parolee- Probationer Home. Any residential structure or unit, whether owned
and/or operated by an individual or a for -profit or nonprofit entity, which houses
two or more parolees - probationers unrelated by blood, marriage, or legal
adoption, in exchange for monetary or non - monetary consideration given and/or
paid by the parolee - probationer and/or any public or private entity or person on
behalf of the parolee — probationer. A parolee — probationer includes: A) any
individual who has been convicted of a federal crime, sentenced to a United States
prison, and received conditional and revocable release in the community under the
supervision of a federal parole officer; B) any individual who has served a term of
imprisonment in a State prison and who is serving a period of supervised
community custody, as defined in Penal Code Section 3000, and is under the
jurisdiction of the California Department of Corrections, Parole and Community
Services Division; C) an adult or juvenile sentenced to a term in the California
4 2007 -09 -20 PC — Exhibit A
Youth Authority and who has received conditional and revocable release in the
community under the supervision of a Youth Authority Parole Officer; or D) any
individual who has been convicted of a felony, sentenced to any correctional
facility, including County correctional facilities, and is under the jurisdiction of
any federal, state, or County parole or probation officer. For the purposes of this
paragraph, "felony" means a felony as defined by any California or United States
statute.
F. Residential Care Facilities, General. Any place, site or building, or groups of
places, sites or buildings, including integral facilities (as defined in Section
20.03.030), licensed or nonlicensed, in which seven or more individuals with a
disability reside who are not living together as a single housekeeping unit and
who have agreed to reside in the facility for 31 days or more, and in which every
person residing in the facility, excluding any licensee, members of the licensee's
family, or persons employed as facility staff, is an individual with a disability.
Facilities with persons residing in the facility who have not agreed to reside in the
facility for 31 days or more, excluding any licensee, members of the licensee's
family, or persons employed as facility staff, shall be classified as a Boarding or
Rooming House.
G. Residential Care Facilities, Small Licensed. State licensed facilities that provide
care, services, or treatment in a community residential setting for six or fewer
adults, children, or adults and children and which are required by State law to be
treated as a single housekeeping unit. for zoning purposes. Small licensed
residential care facilities shall be subject to all land use and property development
regulations applicable to single housekeeping units. This classification does not
include State - licensed facilities that provide care, services, or treatment in a
community residential setting for six or fewer adults, children, or adults and
children if such facilities operate as part of integral facilities, as defined in Section
20.03.030, when such integral facilities serve seven or more adults, children, or
adults and children (in such circumstances, the integral facilities are classified as
residential care facilities, general.)
H. Residential Care Facilities, Small Nonlicensed. Any place, site or building, or
groups of places, sites or buildings, which is not licensed by the State of
California and is not required by law to be licensed by the State, in which six or
fewer individuals with a disability reside who are not living together as a single
housekeeping unit and who have agreed to reside in the facility for 31 days or
more, and in which every person residing in the facility, excluding persons
employed as facility staff, is an individual with a disability. This classification
does not include nonlicensed facilities that serve six or fewer persons with a
disability if such facilities operate as part of integral facilities, as defined in
Section 20.03.030, when such integral facilities serve seven or more persons with
a disability (in such circumstances, the integral facilities are classified as
residential care facilities, general). Facilities with persons residing in the facility
who have not agreed to reside in the facility for 31 days or more, excluding any
5 2007 -09 -20 PC - Exhibit A
licensee, members of the licensee's family, or persons employed as facility staff,
shall be classified as a Boarding or Rooming House.
I. Single - Family Residential. "Single - Family Residential" means a building or
buildings containing one dwelling unit located on a single lot for occupancy by
one family. This classification includes mobile homes and factory built housing.
J. Two - Family Residential. "Two- Family Residential" means a building or
buildings containing two dwelling units located on a single lot, each unit limited
to occupancy by a single family. This classification includes mobile homes and
factory built housing.
Section 20.05.030 Public Semi - Public Land Use Classifications
[NOTE: The definition of Residential Care, General, now in this section is
eliminated]
6 2007 -09 -20 PC - Exhibit A
Section 20.10.020 (Residential Districts)
Section 20.10.020 Residential Districts: Land Use Regulations
The following schedule establishes the land uses defined in Chapter 20.05 as permitted or
conditionally permitted in residential districts, and includes special requirements, if any,
applicable to specific uses. The letter "P" designates use classifications permitted in residential
districts. The letter "L" designates use classifications subject to certain limitations prescribed
under the "Additional Use Regulations" which follows. The letters "UP" designate use
classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters
"PD/U" designate use classifications permitted on approval of a use permit issued by the
Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications
which are permitted when located on the site of another permitted use, but which require a use
permit when located on the site of a conditional use. Letters in parentheses in the "Additional
Regulations" column refer to "Additional Use Regulations" following the schedule. Where
letters in parentheses are opposite a use classification heading, referenced regulations shall apply
to all use classifications under the heading.
Residential Districts: Land Use Regulations
P = Permitted
UP = Use permit
PDIU = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulation
- -- = Not Permitted
RESIDENTIAL
DAY CARE, LIMITED
-LARGE FAMILY CHILD CARE HOMES
-SMALL FAMILY CHILD CARE HOMES
GROUP RESIDENTIAL
MULTI - FAMILY RESIDENTIAL
PAROLEE/PROBATIONER HOME
RESIDENTIAL CARE FACILITIES, GENERAL
RESIDENTIAL CARE FACILITIES, SMALL LICENSED
RESIDENTIAL CARE FACILITIES, SMALL
NONLICENSED
SINGLE FAMILY RESIDENTIAL
TWO - FAMILY RESIDENTIAL
PUBLICAND SEMI - PUBLIC
R -A R -1 R -1.5 R -2 MFR Additional
(A), (B),
(C), (PX
(Q), (R)
(N)
PD/U PD/U PD /U PD/U PD/U
P P P P P
- -- --- --- - -- ---
- P (D)
--- --- --- --- UP (0)
P P P P P (0)
- -- - -- UP UP UP (0)
P P P P P (D), (E�
(M)
P P P (D)
(A), (B),
(C), (Q),
7 2007 -09 -20 PC - Exhibit A
Residential Districts: Land Use Regulations
P = Permitted
UP Use permit
PD /U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
- -- = Not Permitted
R -A R -1 R -1.5 R -2 MFR Additional
Regulations
(R)
CEMETERIES - -- L -1 L -I L -1 L -1
CLUBS AND LODGES - -- L -2 L -2 L -2 L -2
DAY CARE, GENERAL
GOVERNMENT OFFICES
- -- UP UP UP UP (N)
- -- UP UP UP UP
PARK & RECREATION FACILITIES
UP
UP
UP
UP
UP
PUBLIC SAFETY FACILITIES
UP
UP
UP
UP
UP
RELIGIOUS ASSEMBLY
UP
UP
UP
UP
UP
SCHOOLS, PUBLIC AND PRIVATE
UP
UP
UP
UP
UP
UTILITIES, MAJOR
UP
UP
UP
UP
UP
UTILITIES, MINOR
P
P
P
P
P
COMMERCIAL USES
HORTICULTURE, LIMITED
NURSERIES
VEHICLE /EQUIPMENT SALES AND SERVICES
- COMMERCIAL PARKING FACILITY
VISITOR ACCOMMODATIONS
-BED & BREAKFAST INNS
AGRICULTURAL AND EXTRACTIVE USES
ANIMAL HUSBANDRY
CROP PRODUCTION
MINING AND PROCESSING
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
TEMPORARY USES
CIRCUSES AND CARNIVALS
(A), (B),
(C), (Q),
(R)
P- -- - -- --- ---
PD/U --- --- --- - --
- -- L -3 L -3 L -3 L -3
- -- - -- - -- UP UP (F)
(A), (B),
(C), (R)
PD/U --- --- — (G)
P- -- --- —
L-4 L-4 L -4 L -4 L -4 (H)
(A), (B),
(C), (R)
P/UP P/UP P /UP P/UP P/UP (1)
(A), (B),
(C), (R)
P P P P P (K)
$ 2007 -09 -20 PC — Exhibit A
Residential Districts: Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulationtl
- -- = Not Permitted
Residential Districts: Additional Land Use Regulations
L -1 20 acres minimum.
L -2 Limited to yacht clubs, use permit required.
L -3 Public or no fee private lots for automobiles may be permitted in any residential district
adjacent to any commercial or industrial district subject to the securing of a use permit in
each case.
L -4 See Chapter 20.81: Oil Wells.
L -5 Subject to the approval of the Planning Director.
(A) See Section 20.60.025: Relocatable Buildings.
(B) See Section 20.60.015: Temporary Structures and Uses.
(C) See Section 20.60.050: Outdoor Lighting.
(D) With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this
Code may be used for short term lodging purposes as defined in Chapter 5.95 of the
Municipal Code subject to the securing of:
A Business License pursuant to Chapter 5.04 of the Municipal Code.
2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of
the Municipal Code.
3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code.
9 2007 -09 -20 PC — Exhibit A
R -A
R -1
R -1.5
R -2
MFR
Additional
Regulations
COMMERCIAL FILMING, LIMITED
P
P
P
P
P
(K)
PERSONAL PROPERTY SALES
P
P
P
P
P
(L)
HELIPORTS, TEMPORARY
L -5
- --
- --
- --
L -5
(J)
REAL ESTATE OFFICES, TEMPORARY
L -5
L -5
L -5
L -5
L -5
(B)
Residential Districts: Additional Land Use Regulations
L -1 20 acres minimum.
L -2 Limited to yacht clubs, use permit required.
L -3 Public or no fee private lots for automobiles may be permitted in any residential district
adjacent to any commercial or industrial district subject to the securing of a use permit in
each case.
L -4 See Chapter 20.81: Oil Wells.
L -5 Subject to the approval of the Planning Director.
(A) See Section 20.60.025: Relocatable Buildings.
(B) See Section 20.60.015: Temporary Structures and Uses.
(C) See Section 20.60.050: Outdoor Lighting.
(D) With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this
Code may be used for short term lodging purposes as defined in Chapter 5.95 of the
Municipal Code subject to the securing of:
A Business License pursuant to Chapter 5.04 of the Municipal Code.
2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of
the Municipal Code.
3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code.
9 2007 -09 -20 PC — Exhibit A
(E) See Chapter 20.85: Accessory Dwelling Units.
(F) See Section 20.60.110: Bed and Breakfast Inns.
(G) Keening of Animals in the R -A District. The following regulations shall apply to the
keeping of animals in the R -A District:
Large Animals. The keeping of large animals (as defined in Section 20.030.030)
shall be subject to the following regulations:
a. Horses. One horse may be kept for each 10,000 square feet of lot area, up
to a maximum of 3 horses, provided the horse or horses are kept for
recreational purposes only. The keeping of 4 or more horses for
recreational uses shall require a use permit issued by the Planning
Director. The keeping of horses for commercial purposes shall require a
use permit issued by the Planning Commission.
b. Other Large Animals. Other large animals, including goats, sheep, pigs
and cows, may be kept on lots of 15,000 square feet or more and the
number shall not exceed 2 adult animals of any one species.
C. Total Number Permitted. The total number of large animals shall not
exceed 6.. Offspring are exempt until such time as they are weaned.
2. Domestic and Exotic Animals. The number of domestic and exotic animals (as
defined in Section 20.03.030) shall not exceed 6. Offspring are exempt up to the
age of 3 months. The keeping of 4 or more dogs over the age of three 3 months
shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code.
The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the
Municipal Code.
3. Small Animals. The number of small animals, other than domestic and exotic
animals (as defined in Section 20.03.030), shall not exceed 6. Offspring are
exempt up to the age of 3 months.
4. Control.
a. Domestic Animals. No such animals, except for cats, shall be permitted to
run at large, but shall be confined, at all times within a suitable enclosure
or otherwise under the control of the owner of the property.
b. Other Animals. No animal, other than domestic animals, shall. be
permitted to run at large, but shall be confined, at all times within a
suitable enclosure.
0 2007 -09 -20 PC - Exhibit A
(H) See Chapter 20.81: Oil Wells.
(I) See Section 20.60.100: Home Occupations in Residential Districts.
(J) See Section 20.60.055: Heliports and Helistops
(K) Special event permit required, see Chapter 5.10 of the Municipal Code.
(L) See Section 20.60.120: Personal Property Sales in Residential Districts.
(M) See Section 20.60.125: Design Standards for Mobile Homes on Individual Lots.
(N) See Section 20.60.130: Day Care Facilities for Children.
(0): Integral facilities, as defined in Section 20.03.030, serving seven or more adults, are
classified as residential care facilities, general. Residential care facilities, general, and
residential care facilities, small nonlicensed, would normally be prohibited in all
residential zones as a group residential use. To facilitate housing for persons with
disabilities, residential care facilities, general, may be permitted with a use permit in the
MFR zone, and residential care facilities, small nonlicensed, may be permitted with a use
permit in the R -1.5, R -2, and MFR zones.
(P): No residential use may offer or provide services to persons not residing on the site, unless
the City has approved a use permit allowing such use, or in compliance with Section
20.60.100: Home Occupations in Residential Districts.
(Q): Persons with disabilities may request a reasonable accommodation from the provisions of
the zoning ordinances under Chapter 20.98: Reasonable Accommodations.
(R): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code.
11 2007 -09 -20 PC —Exhibit A
Section 20.35.030 (Planned Community Districts)
20.35.030 PC District: Land Use Regulations
A. Existing Uses. Land uses existing at the time of establishment of a PC District
shall be permitted to continue as a nonconforming use, pursuant to Chapter 20.62:
Nonconforming Structures and Uses. 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 this code shall
be terminated prior to final approval of the development plan.
B. New Uses. No use, other than a use existing at the time of establishment of a PC
District, shall be permitted in a PC District except in accord with a valid PC
development plan. Any permitted or conditionally permitted use authorized by
this code and consistent with the General Plan land use designation or
designations for land within the PC District may be included in an approved PC
development plan.
Exceptions:
The Planning Director may approve temporary uses and structures
pursuant to Section 20.60.015: Temporary Structures and Uses.
2. Residential Care Facilities, Small Licensed, shall be permitted if
residential uses are otherwise permitted by the PC development plan.
Section 20.41.050 (Newport Shores)
20.41.050 Residential Development: Land Use Regulations
The following schedule establishes the land uses defined in Chapter 20.05 as permitted or
conditionally permitted in the Newport Shores Specific Plan District residential development
areas, and includes special requirements, if any, applicable to specific uses. The letter "P"
designates use classifications permitted in the Newport Shores Specific Plan District residential
development areas. The letter "L" designates use classifications subject to certain limitations
prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate
use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The
letters "PD/U" designate use classifications permitted on approval of a use permit issued by the
Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications
which are permitted when located on the site of another permitted use, but which require a use
permit when located on the site of a conditional use. Letters in parentheses in the "Additional
Regulations" column refer to "Additional Use Regulations" following the schedule. Where
letters in parentheses are opposite a use classification heading, referenced regulations shall apply
to all use classifications under the heading.
12 2007 -09 -20 PC - Exhibit A
Residential Development: Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use Permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
-- = Not Permitted
Residential Additional
Regulations
RESIDENTIAL (A), (B), (C), (H),
(J), (K), (L)
DAY CARE, LIMITED
(A), (B), (C), (L)
ACCESSORY STRUCTURES AND USES
-LARGE FAMILY CHILD CARE HOMES
PD/U
(A), (B), (C), (L)
-SMALL FAMILY CHILD CARE HOMES
P
REAL ESTATE OFFICES, TEMPORARY
GROUP RESIDENTIAL
- --
MULTI- FAMILY RESIDENTIAL
L -1
(D)
PAROLEEIPROBATIONER HOME
- --
RESIDENTIAL CARE FACILITIES, SMALL LICENSED
P
(I)
RESIDENTIAL CARE FACILITIES, SMALL NONLICENSED
UP
(I)
SINGLE FAMILY RESIDENTIAL
P
(D), (E)
TWO - FAMILY RESIDENTIAL
P
(D)
PUBLIC AND SEMI - PUBLIC (A), (B), (C), (K),
(L)
CLUBS AND LODGES UP
UTILITIES, MINOR P
ACCESSORY USES
(A), (B), (C), (L)
ACCESSORY STRUCTURES AND USES
P/UP (F)
TEMPORARY USES
(A), (B), (C), (L)
PERSONAL PROPERTY SALES
P (G)
REAL ESTATE OFFICES, TEMPORARY
L -2
Residential Development: Additional Land Use Regulations
L -1 Use permit required for multi - family residential uses 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.
13 2007 -09 -20 PC — Exhibit A
That in addition to the basic outdoor living space requirement of ten percent of the
buildable area, there will be additional outdoor living space.
L -2 Subject to the approval of the Planning Director.
(A) See Section 20.60.025: Relocatable Buildings.
(B) See Section 20.60.015.: Temporary Structures and Uses.
(C) See Section 20.60.050: Outdoor Lighting.
(D) Any dwelling unit otherwise permitted by this Code may be used for short term lodging
purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of:
1. A Business License pursuant to Chapter 5.04 of the Municipal Code.
2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of
the Municipal Code.
A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code.
(E) See Chapter 20.85: Accessory Dwelling Units.
(F) See Section 20.60.100: Home Occupations in Residential Districts.
(G) See Section 20.60.120: Personal Property Sales in Residential Districts.
(H) See Section 20.60.130: Day Care Facilities for Children.
(I) Integral facilities, as defined in Section 20.03.030, serving seven or more adults, are
classified as residential care facilities, general. Residential care facilities, general, and
residential care facilities, small nonlicensed, would normally be prohibited in all
residential zones as a group residential use. To facilitate housing for persons with
disabilities, residential care facilities, general, and residential care facilities, small
nonlicensed, may be permitted with a use permit.
(J) No residential use may offer or provide services to persons not residing on the site, unless
the City has approved a use permit allowing such use, or in compliance with Section
20.60.100: Home Occupations in Residential Districts.
(K) Persons with disabilities may request a reasonable accommodation from the provisions of
the zoning ordinances under Chapter 20.98: Reasonable Accommodations.
(L) All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code.
14 2007 -09 -20 PC — Exhibit A
Section 20.41.070 (Newport Shores)
20.41.070 Commercial Development: Land Use Regulations
The following schedule establishes the land uses defined in Chapter 20.05 as permitted or
conditionally permitted in commercial development areas, and includes special requirements, if
any, applicable to specific uses. The letter "P" designates use classifications permitted in
commercial development areas. The letter "L" designates use classifications subject to certain
limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP"
designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91.
The letters "PD/U" designate use classifications permitted on approval of a use permit issued by
the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use
classifications which are permitted when located on the site of another permitted use, but which
require a use permit when located on the site of a conditional use. Letters in parentheses in the
"Additional Regulations" column refer to "Additional Use Regulations" following the schedule.
Where letters in parentheses are opposite a use classification heading, referenced regulations
shall apply to all use classifications under the heading.
Commercial Development: Land Use Regulations
P Permitted
UP = Use Permit
PD/U = Use permit issued by the Planning Director
L — Limited (see Additional Use Regulations)
-- = Not Permitted
PUBLIC AND SEMI - PUBLIC
CLUBS AND LODGES
CULTURAL INSTITUTIONS
DAY CARE, GENERAL
RELIGIOUS ASSEMBLY
UTILITIES, MINOR
COMMERCIAL USES
ANIMAL SALES AND SERVICES
- ANIMAL BOARDING
- ANIMAL GROOMING
- ANIMAL HOSPITALS
- ANIMAL RETAIL SALES
ARTISTS' STUDIOS
BANKS /SAVINGS AND LOANS
-WITH DRIVE- UP/DRIVE THROUGH SERVICE
BUILDING MATERIALS AND SERVICES
CATERING SERVICES
COMMERCIAL RECREATION AND ENTERTAINMENT
Commercial Additional
(A), (B), (C)
(K)
P (K)
UP
L -I
P
(A), (B), (C)
PD/U
UP
PD/U
P (G)
P
UP
P
P
UP (G), (K)
15 2007 -09 -20 PC — Exhibit A
Commercial Development: Land Use Regulations
P = Permitted
UP = Use Permit
PD/U = Use Permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
-- = Not Permitted
MARINE SALES AND SERVICES
-BOAT RENTAL, AND SALES
Commercial
Additional
Regulations
EATING AND DRINKING ESTABLISHMENTS
UP
-FULL SERVICE, HIGH TURNOVER
UP
(D), (G), (K)
-FULL SERVICE, LOW TURNOVER
UP
(D), (G), (K)
-FULL SERVICE, SMALL SCALE
PD/U
(D), (G), (K)
-TAKE -OUT SERVICE
UP
(D), (G), (K)
-TAKE -OUT SERVICE, LIMITED
PD/U
(D), (G), (K)
- ACCESSORY
P
(D), (G), (K)
-BARS AND COCKTAIL LOUNGES
UP
(D), (G), (K)
FOOD AND BEVERAGE SALES
P
(K)
MARINE SALES AND SERVICES
-BOAT RENTAL, AND SALES
UP
- ENTERTAINMENT AND EXCURSION SERVICES
L -3
OFFICES. BUSINESS AND PROFESSIONAL
L -4
PERSONAL IMPROVEMENT SERVICES
PD/U
(G)
PERSONAL SERVICES
P
- MASSAGE ESTABLISHMENTS
UP
(E)
POSTAL SERVICES
P
PRINTING AND DUPLICATING SERVICES
P
RETAIL SALES
P
TRAVEL SERVICES
P
VEHICLE/EQUIPMENT SALES AND SERVICES
- SERVICE STATIONS
UP
(F), (K)
VISITOR ACCOMMODATIONS
-BED AND BREAKFAST INNS
PD/U
- HOTELS, MOTELS AND TIME - SHARES
UP
(H)
ACCESSORY USES
(A). (B), (C)
ACCESSORY STRUCTURES AND USES
P/UP
TEMPORARY USES (A). (B), (C)
CHRISTMAS TREE /PUMPKIN SALES L -2 (B)
OUTDOOR STORAGE & DISPLAY, TEMPORARY P (3)
REAL ESTATE OFFICES, TEMPORARY P (B)
L -I Limited to facilities occupying less then 5,000 square feet; use permit required.
16 2007 -09 -20 PC — Exhibit A
L -2 Subject to the approval of the Planning Director.
L -3 Permitted, provided operations have first secured a marine activities permit issued by the
Harbor Resources Director (see Chapter 17.10 of the Municipal Code).
L -4 Services involving the assembly or meetings of 7 or more persons are prohibited.
Section 20.43.050 (Cannery Village /McFadden Square - Commercial)
B. The following schedule establishes the land uses defined in Chapter 20.05 as
permitted or conditionally permitted in Cannery Village /McFadden Square
Specific Plan District, and includes special requirements, if any, applicable to
specific uses. The letter "P" designates use classifications permitted in Cannery
Village/McFadden Square Specific Plan District. The letter "L" designates use
classifications subject to certain limitations prescribed under the "Additional Use
Regulations" which follows. The letters "UP" designate use classifications
permitted on approval of a use permit, as provided in Chapter 20.91. The letters
"PD/U" designate use classifications permitted on approval of a use permit issued
by the Planning Director, as provided in Chapter 20.91. The letters "P/UP"
designate use classifications which are permitted when located on the site of
another permitted use, but which require a use permit when located on the site of
a conditional use. Letters in parentheses in the "Additional Regulations" column
refer to "Additional Use Regulations" following the schedule. Where letters in
parentheses are opposite a use classification heading, referenced regulations shall
apply to all use classifications under the heading.
Cannery Village/McFadden Square Specific Plan District:
Commercial Land Use Regulations
P Permitted
UP = Use permit
PD /U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
--
Not Permitted
17 2007 -09 -20 PC - Exhibit A
SR
RMC
RSC
Additional
Regulations
RESIDENTIAL
(A), (B), (C),
(D), (1), (P), (Q),
(R)
GROUP RESIDENTIAL
- --
- --
- --
SINGLE FAMILY RESIDENTIAL
L -1
L -1
L -1
(N)
MULTI - FAMILY RESIDENTIAL
L -1
L -1
L -1
(N)
PAROLEE/PROBATIONER HOME
- --
- --
- --
RESIDENTIAL CARE FACILITIES, GENERAL
L -10
L -10
L -10
(0)
RESIDENTIAL CARE FACILITIES, SMALL LICENSED
L -I
L -1
L -I
(0)
RESIDENTIAL CARE FACILITIES, SMALL NONLICENSED
L -10
L -10
L -10
(0)
17 2007 -09 -20 PC - Exhibit A
Cannery ViIlage/McFadden Square Specific PIan District:
Commercial Land Use Regulations
P = Permitted
UP = Use petit
PD/U = Use petit issued by the Planning Director
L = Limited (sce Additional Use Regulations)
• -•
Not Petitted
MARINE SALES AND SERVICES
SR
RMC
RSC
Additional
Regulations
TWO - FAMILY RESIDENTIAL
L -I
L -I
L -1
(N)
PUBLICAND SEMI - PUBLIC
(A), (B), (C), (I),
(Q), (R)
CLUBS AND LODGES
- --
- --
- --
CULTURAL INSTITUTIONS
UP
L -5
UP
(M)
DAY CARE, GENERAL
- --
- --
UP
GOVERNMENT OFFICES
- --
UP
UP
MARINAS
- --
P
- --
(E)
RELIGIOUS ASSEMBLY
- --
- --
UP
UTILITIES, MINOR
P
P
P
COMMERCIAL USES
(A), (B), (C), (I),
(Q), (R)
ANIMAL SALES AND SERVICES
- ANIMAL GROOMING
- --
UP
UP
- ANIMAL HOSPITALS
- --
UP
UP
- ANIMAL RETAIL SALES
- --
UP
UP
(J)
ARTISTS' STUDIOS
P
- --
—
BANKS /SAVINGS AND LOANS
P
L -7
P
CATERING SERVICES
P
P
P
COMMERCIAL RECREATION AND ENTERTAINMENT
- --
UP
UP
(J), (M)
EATING AND DRINKING ESTABLISHMENTS
UP
UP
UP
-FULL SERVICE, HIGH TURNOVER
UP
UP
UP
(F), (J), (M)
-FULL SERVICE, LOW TURNOVER
UP
UP
UP
(F), (J), (M)
-FULL SERVICE, SMALL SCALE
PD/U
PD /U
PD/U
(F), (J), (M)
- TAKE -OUT SERVICE
UP
UP
UP
(F), (J), (M)
- TAKE -OUT SERVICE, LIMITED
PD/U
PD /U
PD/U
(F), (J), (M)
- ACCESSORY
P
P
P
(F), (J), (M)
-BARS AND COCKTAIL LOUNGES
UP
UP
UP
(M)
FOOD AND BEVERAGE SALES
P
(M)
MARINE SALES AND SERVICES
-BOAT RENTAL AND SALES
- -- P - -- (E), (I)
-BOAT STORAGE
- -- P - -- (E), (I)
-BOAT YARDS
- -- P - -- (E), (I)
18 2007 -09 -20 PC — Exhibit A
Cannery Village/McFadden Square Specific Plan District:
Commercial Land Use Regulations
P = Permitted
UP = Use Permit
PD/U = Use Permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
-- = Not Permitted
INDUSTRIAL
INDUSTRY, CUSTOM
INDUSTRY, LIMITED
INDUSTRY, MARINE- RELATED
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
TEMPORARY USES
ANIMAL SHOWS
CHRISTMAS TREE/PUMPKIN SALES
CIRCUSES AND CARNIVALS
COMMERCIAL FILMING, LIMITED
FAIRS AND FESTIVALS
HELIPORTS, TEMPORARY
OUTDOOR STORAGE & DISPLAY, TEMPORARY
REAL ESTATE OFFICES, TEMPORARY
RECREATION AND ENTERTAINMENT EVENTS
TRADE FAIRS
(A). (B), (C), (1),
(R)
---
SR
RMC
RSC
Additional
L-7
---
(H)
- --
Regulations
- ENTERTAINMENT AND EXCURSION SERVICES
L -9
L -9
L -9
(E), (I)
- MARINE SERVICE STATION
- --
UP
- --
(E)
- RETAIL MARINE SALES
—
P
- --
L -8
OFFICES, BUSINESS AND PROFESSIONAL
L -2
L -4
L -2
---
PERSONAL IMPROVEMENT SERVICES
UP
L -5
UP
(I)
PERSONAL SERVICES
- --
L -7
P
(G)
-DRY CLEANERS
- --
- --
UP
- LIMITED
P
L -7
P
-SELF SERVICE LAUNDRIES
- --
- --
UP
RETAIL SALES
L -3
P
P
TRAVEL SERVICES
P
L -6
P
VISITOR ACCOMMODATIONS
-BED AND BREAKFAST INNS
PD/U
PD/U
PD/U
- HOTELS, MOTELS AND TIME - SHARES
UP
UP
UP
(K)
INDUSTRIAL
INDUSTRY, CUSTOM
INDUSTRY, LIMITED
INDUSTRY, MARINE- RELATED
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
TEMPORARY USES
ANIMAL SHOWS
CHRISTMAS TREE/PUMPKIN SALES
CIRCUSES AND CARNIVALS
COMMERCIAL FILMING, LIMITED
FAIRS AND FESTIVALS
HELIPORTS, TEMPORARY
OUTDOOR STORAGE & DISPLAY, TEMPORARY
REAL ESTATE OFFICES, TEMPORARY
RECREATION AND ENTERTAINMENT EVENTS
TRADE FAIRS
(A). (B), (C), (1),
(R)
---
L-7
---
(A), (B), (C), (R)
---
L-7
---
(H)
- --
UP
UP
(E)
(A), (B), (C), (R)
P/UP P/UP P/UP
19 2007 -09 -20 PC — Exhibit A
(A), (B), (C), (R)
P
P
P
(H)
L -8
L -8
L -8
(B)
P
P
P
(H)
P
P
P
(H)
P
P
P
(H)
L -8
L -8
L -8
(L)
P
---
P
(1)
L -8
L -8
L -8
(B)
P
P
P
(H)
P
P
P
(H)
19 2007 -09 -20 PC — Exhibit A
Cannery Village/McFadden Square Specific Plan District:
Additional Commercial Land Use Regulations
L -1 Limited to above the first floor, where the first floor is occupied by a permitted use or use
permitted with a use permit.
L -2 Business and professional offices not providing services to the general public or not
ancillary to an otherwise permitted use, such as corporate offices, shall be permitted only
above the first floor; services involving the assembly or meetings of 7 or more persons
are prohibited.
L -3 Limited to businesses retailing in goods generally oriented to the casual pedestrian
shopper, including antiques, books, clothing, hand crafted items, hobby materials,
jewelry, stationary, and works of art. All other uses are subject to the approval of the
Planning Director for compatibility with the objectives of this district.
L -4 Marine- related facilities permitted as an incentive use; other facilities in this use
classification permitted when in conjunction with an incentive use under the provisions of
Section 20.60.080: Marine Incentive Uses; services involving the assembly or meetings
of 7 or more persons are prohibited.
L -5 Marine- related facilities permitted with a use permit as an incentive use; other facilities in
this use classification permitted with a use permit when in conjunction with an incentive
use under the provisions of Section 20.60.080: Marine Incentive Uses.
L -6 Permitted when in conjunction with an incentive use under the provisions of Section
20.60.080: Marine Incentive Uses.
L -7 Permitted with a use permit when in conjunction with an incentive use under the
provisions of Section 20.60.080: Marine Incentive Uses.
L -8 Subject to the approval of the Planning Director.
L -9 Permitted, provided operations have first secured a marine activities permit issued by the
Harbor Resources Director (see Chapter 17.10 of the Municipal Code).
L -10 Limited to above the first floor, where the first floor is occupied by a permitted use or use
permitted with a use permit; use permit required.
(A) See Section 20.60.025: Relocatable Buildings.
(B) See Section 20.60.015: Temporary Structures and Uses.
(C) See Section 20.60.050: Outdoor Lighting.
20 2007 -09 -20 PC - Exhibit A
(D) In areas designated for commercial or retail uses and subject to a variable floor area ratio,
residential uses are permitted on the second floor or above only. No residential uses shall
be permitted in the commercial area subject to a fixed floor area ratio, specifically the
shopping center located immediately southwesterly of the intersection of Newport
Boulevard and 32nd Street on Parcels 1, 2, and 3 of Record of Survey 35 -25 filed with
the Orange County Recorder.
(E) See Section 20.60.070: Waterfront Development Regulations and Section 20.60.080:
Marine Incentive Uses.
(F) See Chapter 20.72: Eating and Drinking Establishments.
(G) Independent massage establishments not permitted (See Chapter 20.87: Massage
Establishments).
(H) Special event permit required, see Chapter 5.10 of the Municipal Code.
(I) See Section 20.60.105: Outdoor Storage & Display.
(J) See Section 20.60.085: Uses Requiring City Manager Approval.
(K) See Chapter 20.84: Time Share Developments.
(L) See Section 20.60.055: Heliports and Helistops.
(M) See Chapter 20.89: Alcoholic Beverage Outlets.
(N) Any dwelling unit otherwise permitted by this Code may be used for short term lodging
purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of:
1. A Business License pursuant to Chapter 5.04 of the Municipal Code.
2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of
the Municipal Code.
3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code.
(0): Integral facilities, as defined in Section 20.03.030, serving seven or more adults, are
classified as residential care facilities, general. Residential care facilities, general, and
residential care facilities, small nonlicensed, would normally be prohibited in all
residential zones as a group residential use. To facilitate housing for persons with
disabilities, residential care facilities, general, and residential care facilities, small
nonlicensed, may be permitted with a use permit.
21 2007 -09 -20 PC - Exhibit A
(P): No residential use may offer or provide services to persons not residing on the site, unless
the City has approved a use permit allowing such use, or in compliance with Section
20.60.100: Home Occupations in Residential Districts.
(Q): Persons with disabilities may request a reasonable accommodation from the provisions of
the zoning ordinances under Chapter 20.98: Reasonable Accommodations.
(R): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code.
Section 20.43.060 (Cannery Village /McFadden Square - Residential)
20.43.060 Residential Land Use Regulations
A. Land Use Designations. The following residential land use designations are
established:
1. SP -6 (R -1) District.
2. SP -6 (R -2) District.
3. SP -6 (MFR) District.
These designations preserve the existing residential districts within the Cannery
Village/MeFadden Square Specific Plan District, and maintain the development
standards that have guided the orderly development of these districts.
The designations, locations and boundaries of these uses are delineated upon the map
entitled "Cannery Village/McFadden Square Specific Plan District, Land Use Plan Map ",
which map and all information and notations thereon are made a part of this section by
reference.
B. In the following schedule, the letter "P" designates use classifications permitted in
the Cannery Village /McFadden Square Specific Plan District residential areas.
The letter "L" designates use classifications subject to certain limitations
prescribed under the "Additional Use Regulations" which follows. The letters
"UP" designate use classifications permitted on approval of a use permit, as
provided in Chapter 20.91. The letters "P/UP" designate use classifications which
are permitted when located on the site of another permitted use, but which
require a use permit when located on the site of a conditional use. Letters in
parentheses in the "Additional Regulations" column refer to "Additional Use
Regulations" following the schedule. Where letters in parentheses are opposite a
use classification heading, referenced regulations shall apply to all use
classifications under the heading.
22 2007 -09 -20 PC — Exhibit A
Cannery Village/McFadden Square Specific Plan District:
Residential Land Use Regulations
RESIDENTIAL
DAY CARE, LIMITED
-LARGE FAMILY CHILD CARE HOMES
-SMALL FAMILY CHILD CARE HOMES
GROUP RESIDENTIAL
MULTI - FAMILY RESIDENTIAL
PAROLEE/PROBATIONER HOME
RESIDENTIAL CARE, GENERAL
RESIDENTIAL CARE FACILITY, SMALL LICENSED
RESIDENTIAL CARE FACILITY, SMALL NONLICENSED
SINGLE FAMILY RESIDENTIAL
TWO- FAMILY RESIDENTIAL
COMMERC IAL
VEHICLE /EQUIPMENT SALES AND SERVICES
- COMMERCIAL PARKING FACILITY
ACCESSORY USES
ACCESSORY STRUCTURES AND USES
R -I R -2 MFR Additional
PD/U PD/U
P P
P P
- -- UP
P P
P
UP UP
PD/U
P
P
UP
P
UP
P
UP
P/UP P/UP P /UP
Cannery Village/McFadden Square Specific Plan District:
Additional Residential Land Use Regulations
L -1 Permitted by right.
(A) See Section 20.60.025: Relocatable Buildings.
(B) See Section 20.60.015: Temporary Structures and Uses.
(C) See Section 20.60.050: Outdoor Lighting.
(D) See Section 20.60.130: Day Care Facilities for Children.
(A), (B), (C),
(G), (H), (1)
(D)
(E)
(F)
(F)
(F)
(E)
(E)
(A), (B), (C), (1)
(A), (B), (C), (1)
(E) With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this
Code may be used for short term lodging purposes as defined in Chapter 5.95 of the
Municipal Code subject to the securing of:
1. A Business License pursuant to Chapter 5.04 of the Municipal Code.
23
2007 -09 -20 PC — Exhibit A
2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of
the Municipal Code.
3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code
(F): Integral facilities, as defined in Section 20.03.030, serving seven or more adults, are
classified as residential care facilities, general. Residential care facilities, general, and
residential care facilities, small nonlicensed, would normally be prohibited in all
residential zones as a group residential use. To facilitate housing for persons with
disabilities, residential care facilities, general, may be permitted with a use permit in the
MFR zone, and residential care facilities, small nonlicensed, may be permitted with a use
permit in the R -2 and MFR zones.
(G): No residential use may offer or provide services to persons not residing on the site, unless
the City has approved a use permit allowing such use, or in compliance with Section
20.60.100: Home Occupations in Residential Districts.
(H): Persons with disabilities may request a reasonable accommodation from the provisions of
the zoning ordinances under Chapter 20.98: Reasonable Accommodations.
(1): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code.
Section 20.44.035 (Santa Ana Heights — REQ District)
B. Principal Uses Permitted.
The following principal uses are permitted
a. Single family detached dwellings or single family mobile homes
(one per building site).
b. Residential care facilities, small licensed.
C. Parks, playgrounds, and athletic fields (noncommercial).
d. Riding and hiking trails.
e. Small family child care homes (See Section 20.60.130: Day Care
Facilities of Children).
The following principal uses are permitted subject to the approval of a use
permit by the Planning Director per Chapter 20.91:
a. Communication transmitting, reception, or relay facilities.
b. Public /private utility buildings and structures.
C. Large family child care homes (See Section 20.60.130: Day Care
Facilities of Children).
24 2007 -09 -20 PC — Exhibit A
The following principal uses are permitted subject to the approval of a use
permit by the Planning Commission per Chapter 20.91:
a. Fire and police stations.
b. Churches, temples, and other places of worship.
C. Educational institutions.
d. Libraries.
e. Any other use which the Planning Commission finds consistent with
the purpose and intent of this district.
Section 20.44.040 (Santa Ana Heights - RSF District)
B. Principal Uses Permitted.
The following principal uses are permitted:
a. Single - family detached dwellings or single family mobile homes (one per
building site);
b. Residential care facilities, small licensed.
C. Parks, playgrounds, and athletic fields (noncommercial);
d. Riding and hiking trails.
e. Small family child care homes (See Section 20.60.130: Day Care Facilities
of Children).
2. The following principal uses are permitted subject to the approval of a use permit
by the Planning Director per Chapter 20.91:
a. Communication transmitting, reception, or relay facilities;
b. Public /private utility buildings and structures;
C. Large family child care homes (see Section 20.60.130 (Day Care Facilities
for Children)).
3. The following principal uses are permitted subject to the approval of a use permit
by the Planning Commission per Chapter 20.91:
a. Fire and police stations;
b. Churches, temples, and other places of worship;
C. Any other use which the Planning Commission finds consistent with the
purpose and intent of this district.
Section 20.45.030 (Central Balboa)
25 2007 -09 -20 PC — Exhibit A
B. The following schedule establishes the land uses defined in Chapter 20.05 as
permitted or conditionally permitted in Central Balboa Specific Plan District, and
includes special requirements, if any, applicable to specific uses. The letter "P"
designates use classifications permitted in Central Balboa. The letter "L"
designates use classifications subject to certain limitations prescribed under the
"Additional Use Regulations" which follows. The letters "UP" designate use
classifications permitted on approval of a use permit, as provided in Chapter
20.91. The letters "PD/U" designate use classifications permitted on approval of a
use permit issued by the Planning Director, as provided in Chapter 20.91. The
letters "P/UP" designate use classifications which are permitted when located on
the site of another permitted use, but which require a use permit when located on
the site of a conditional use. Letters in parentheses in the "Additional
Regulations" column refer to "Additional Use Regulations" following the
schedule. Where letters in parentheses are opposite a use classification heading,
referenced regulations shall apply to all use classifications under the heading.
Central Balboa: Land Use Regulations
P = Permided
UP — Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (See Additional Land Use Regulations)
- -- = Not Permitted
RSC RP R -2 MFR GEIF OS Additional
Regulations
RESIDENTIAL (A), (B), (C),
(M), (T), (U),
(V)
DAY CARE, LIMITED (Q)
-LARGE FAMILY CHILD HOMES
-SMALL FAMILY CHILD CARE HOMES
GROUP RESIDENTAL
MULTI - FAMILY RESIDENTIAL
PAROLEEIPROBATIONER HOME
RESIDENTIAL CARE FACILITIES,
GENERAL
RESIDENTIAL CARE FACILITIES, SMALL
LICENSED
RESIDENTIAL CARE FACILITIES, SMALL
NONLICENSED
SINGLE FAMILY RESIDENTIAL
TWO- FAMILY RESIDENTIAL
PUBLIC AND SEMI - PUBLIC
CLUBS AND LODGES
CONVALESCENT FACILITIES
CULTURAL INSTITUTIONS
- --
- --
PD/U
PD/U - --
- --
P
P - --
- --
L -1
P —
(R)
L -ll
- --
---
UP - --
- -- (S)
L -I
P
P
P —
(S)
L -ll
UP
UP
UP —
(S)
L -1
P
P
P - --
L -2 (R)
L -1
P
P
P
(R)
(A), (B), (C),
(M), (U), (V)
— - -- L -3 L -3 L -4 - -- (0)
UP UP - -- - -- - -- - -- (D)
- -- - -- - -- --- L4 - -- (0)
26
2007 -09 -20 PC — Exhibit A
Central Balboa: Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Land Use Regulations)
-- ° Not Permitted
27 2007 -09 -20 PC - Exhibit A
RSC
RP
R -2
MFR
GEIF
OS
Additional
- --
- ANIMAL GROOMING
PD/U - -- - --
- -- - -- - --
- ANIMAL HOSPITALS
UP - -- - --
- -- - -- - --
Regulations
DAY CARE, GENERAL
UP
- --
- --
- --
- --
- --
(D), (Q)
GOVERNMENT OFFICES
P
- --
- --
- --
L-4
- --
UP - -- - --
HELIPORTS
UP
UP
UP
UP
L-4
UP
(E)
HOSPITALS
- --
- --
- --
- --
L-4
- --
- -- - -- - -- (G), (H), (I), (0)
MARINAS
P
- --
- --
- --
- -- - -- - -- (G), (H), (I), (0)
UP
(F)
PARK AND RECREATION FACILITIES
P
L -3
L -3
L -3
- --
P
FOOD AND BEVERAGE SALES
PUBLIC SAFETY FACILITIES
UP
FUNERAL AND INTERNMENT SERVICES
- --
- --
L4
- --
- -- - -- - -- (D), (M)
RELIGIOUS ASSEMBLY
- --
- --
- --
- --
L4
- --
SCHOOLS, PUBLIC AND PRIVATE
- --
- --
- --
- --
L4
- --
UTILITIES, MAJOR
UP
UP
UP
UP
L4
UP
UTILITIES, MINOR
P
P
P
P
P
P
27 2007 -09 -20 PC - Exhibit A
(A), (B), (C),
COMMERCIAL USES
(M), (U), (V)
ANIMAL SALES AND SERVICES
- --
- ANIMAL GROOMING
PD/U - -- - --
- -- - -- - --
- ANIMAL HOSPITALS
UP - -- - --
- -- - -- - --
- ANIMAL RETAIL SALES
PD/U - -- - --
- -- - -- - --
ARTISTS' STUDIOS
P P - --
- -- - -- - -- (D), (G)
BANKS /SAVINGS AND LOANS
P - -- - --
- -- - -- - --
CATERING SERVICES
P UP - --
- -- - -- - -- (D)
COMMERCIAL FILMING
UP - -- - --
- -- - (G)
COMMERCIAL RECREATION AND
UP - -- - --
- -- - -- L -6 (G), (0)
ENTERTAINMENT
EATING AND DRINKING
ESTABLISHMENTS
-FULL SERVICE, HIGH TURNOVER
UP - -- - --
- -- - -- - -- (G), (H), (I), (0)
-FULL SERVICE, LOW TURNOVER
UP - -- - --
- -- - -- - -- (G), (H), (I), (0)
-FULL SERVICE, SMALL SCALE
PD/U - -- - --
- -- - -- - -- (G), (H), (I), (0)
- TAKE -OUT SERVICE
UP - -- - --
- -- - -- - -- (G), (H), (I), (0)
- TAKE -OUT SERVICE, LIMITED
PD/U - -- - --
- -- - -- - -- (G), (H), (I), (0)
- ACCESSORY
P - -- - --
- -- P - -- (G), (H), (I), (0)
-BARS AND COCKTAIL LOUNGES
UP - -- - --
- -- - -- - -- (G), (H), (I), (0)
FOOD AND BEVERAGE SALES
P - -- - --
- -- - -- - -- (0)
FUNERAL AND INTERNMENT SERVICES
UP - --
- -- - -- - --
MAINTENANCE AND REPAIR SERVICES
P P - --
- -- - -- - -- (D), (M)
MARINE SALES AND SERVICES
27 2007 -09 -20 PC - Exhibit A
Central Balboa: Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Land Use Regulations)
= Not Permitted
ACCESSORY USES
RSC
RP
R -2 MFR GEIF
OS Additional
(V)
ACCESSORY STRUCTURES AND USES
P/UP P /UP P/UP P /UP P/UP
- -- (L)
Regulations
-BOAT RENTAL, AND SALES
UP
- --
- -- - -- - --
- -- (F), (M)
- ENTERTAINMENT AND EXCURSION
L -10
- --
- -- - -- - --
- -- (F)
SERVICES
CIRCUSES AND CARNIVALS
P - -- - -- - -- P
P (K)
- MARINE SERVICE STATION
PD/U
- --
- -- - -- - --
- -- (F)
- RETAIL MARINE SALES
P
- --
- -- - -- - --
- --
NURSERIES
P
- --
- -- - -- - --
- --
OFFICES, BUSINESS AND PROCESSIONAL
L -12
L -12
- -- - -- —
(D)
PAWN SHOPS
P
- --
- -- - -- —
(G)
PERSONAL IMPROVEMENT SERVICES
PD/U
UP
- -- - -- - --
- -- (D), (G)
PERSONAL SERVICES
P
P
- -- - -- - --
- -- (D), (H)
-DRY CLEANERS
P
- --
- -- - -- - --
- --
-DRY CLEANERS (COLLECTION ONLY)
P
- --
- -- - -- - --
- --
- FORTUNE TELLING
P
P
- -- - -- - --
- -- (D)
-SELF SERVICE LAUNDRIES
UP
- --
- -- - -- - --
POSTAL SERVICES
P
P
- -- - -- - --
- -- (D)
PRINTING AND DUPLICATING SERVICES
P
P
- -- - -- - --
- -- (D)
RETAIL SALES
P
- --
— - --
- --
SECOND HAND APPLIANCES /CLOTHING
PD /U
- --
- -- - -- - --
- -- (G)
TRAVEL SERVICES
P
P
- -- - -- - --
- -- (D)
VEHICLEIEQUIPMENT SALES AND
SERVICES
- AUTOMOBILE RENTALS
L -7
- --
- -- - -- - --
- --
- COMMERCIAL PARKING FACILITY
PD /U
L -8
L -8 L -8 L4
- --
VISITOR ACCOMMODATIONS
-BED AND BREAKFAST INNS
PD/U
UP
UP UP - --
- --
- HOTELS, MOTELS AND TIME - SHARES
UP
---
- -- - -- - --
- -- (N)
-SRO RESIDENTIAL HOTELS
UP
- --
- -- UP - --
- --
ACCESSORY USES
(A), (B), (C),
(V)
ACCESSORY STRUCTURES AND USES
P/UP P /UP P/UP P /UP P/UP
- -- (L)
TEMPORARY USES
(A), (B), (C),
(V)
ANIMAL SHOWS
P - -- P
P (K)
CHRISTMAS TREE/PUMPKIN SALES
L -9 - -- - -- - -- - --
- -- (B)
CIRCUSES AND CARNIVALS
P - -- - -- - -- P
P (K)
28 2007 -09 -20 PC — Exhibit A
Central Balboa: Land Use Regulations
P = Permitted
UP — Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Land Use Resolutionsl
- -- = Not Permitted
Central Balboa Specific Plan: Additional Land Use Regulations
L -1 See Section 20.45.035 (B).
L -2 Permitted as a security guard or caretakers residence.
L -3 Limited to facilities developed as part of a residential development.
L -4 In GE1F and OS districts, approval of a use permit in accordance with the provisions of
Chapter 20.91 for the establishment of any new use permitted by this section, or any
expansion or changes in the operational characteristics of an existing use within this
zoning district, unless said use is owned and or operated by a governmental agency that is
exempted from the provisions of this section by constitutional or statutory law, and is
acting in its governmental capacity.
L -5 Limited to facilities occupying less then 5,000 square feet; use permit required.
L -6 Permitted with a use permit as part of a park or recreational facility.
L -7 Offices only, no vehicles stored on premises.
L -8 Permitted only when adjacent to a commercial district.
L -9 Subject to the approval of the Planning Director.
L -10 Permitted, provided operations have first secured a marine activities permit issued by the
Harbor Resources Director (see Chapter 17.10 of the Municipal Code).
29 2007 -09-20 PC — Exhibit A
RSC
RP R -2 MFR GEIF
OS
Additional
Regulations
COMMERCIAL FILMING, LIMITED
P
- -- - -- - -- P
P
(K)
FAIRS AND FESTIVALS
P
- -- - -- - -- P
P
(K)
PERSONAL PROPERTY SALES
- --
P P P - --
- --
(P)
OUTDOOR STORAGE, TEMPORARY
P
- -- - -- - -- - --
- --
(M)
REAL ESTATE OFFICES, TEMPORARY
L -9
L -9 L -9 L -9 —
RECREATION & ENTERTAINMENT
P
- -- - -- - -- P
P
(K)
EVENTS
TRADE FAIRS
P
- -- — — P
P
(K)
Central Balboa Specific Plan: Additional Land Use Regulations
L -1 See Section 20.45.035 (B).
L -2 Permitted as a security guard or caretakers residence.
L -3 Limited to facilities developed as part of a residential development.
L -4 In GE1F and OS districts, approval of a use permit in accordance with the provisions of
Chapter 20.91 for the establishment of any new use permitted by this section, or any
expansion or changes in the operational characteristics of an existing use within this
zoning district, unless said use is owned and or operated by a governmental agency that is
exempted from the provisions of this section by constitutional or statutory law, and is
acting in its governmental capacity.
L -5 Limited to facilities occupying less then 5,000 square feet; use permit required.
L -6 Permitted with a use permit as part of a park or recreational facility.
L -7 Offices only, no vehicles stored on premises.
L -8 Permitted only when adjacent to a commercial district.
L -9 Subject to the approval of the Planning Director.
L -10 Permitted, provided operations have first secured a marine activities permit issued by the
Harbor Resources Director (see Chapter 17.10 of the Municipal Code).
29 2007 -09-20 PC — Exhibit A
L -11 Limited to above the first floor, where the first floor is occupied by a permitted use or use
permitted with a use permit; use permit required.
L -12 Services involving the assembly or meetings of 7 or more persons are prohibited.
(A) See Section 20.60.025: Relocatable Buildings.
(B) See Section 20.60.015: Temporary Structures and Uses.
(C) See Section 20.60.050: Outdoor Lighting.
(D) Commercial uses shall be permitted in the SP -8 (RP) District subject to the following
provisions:
Commercial uses are permitted on the ground floor only and on the front 50
percent of the lot.
2. The commercial portion shall be limited to a floor area ratio of 0.25.
3. The total gross floor area for all structures on any site shall not exceed 2.00.
4. Off - street parking for commercial uses shall be as specified in Section 20.45.050
(F).
(E) See Section 20.60.055: Heliports and Helistops.
(F) See Section 20.60.070: Waterfront Development Regulations.
(G) See Section 20.60.085: Uses Requiring City Manager Approval.
(H) See Chapter 20.82: Eating and Drinking Establishments.
(1) In addition to the findings established in Chapter 20.82, the Planning Director or
Planning Commission, as the case may be, shall make the following findings in order to
approve a drive -in, take -out or small -scale eating and drinking establishment:
1. That the operator of the food service use will be responsible for the clean-up of all
on -site and off -site trash, garbage and litter generated by the use.
2. That the operator of the food service use has submitted a practical program for
monitoring and implementing the clean -up of site and adjacent areas.
(J) Independent massage establishments not permitted (See Chapter 20.87: Massage
Establishments).
30 2007 -09 -20 PC - Exhibit A
(K) Special event permit required, see Chapter 5.10 of the Municipal Code.
(L) See Section 20.60.100: Home Occupations in Residential Districts.
(M) See Section 20.60.105: Outdoor Storage & Display.
(N) See Chapter 20.84: Time Share Developments.
(0) See Chapter 20.89: Alcoholic Beverage Outlets.
(P) See Section 20.60.120: Personal Property Sales in Residential Districts.
(Q) See Section 20.60.130: Day Care Facilities for Children.
(R) Any dwelling unit otherwise permitted by this Code may be used for short term lodging
purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of
1. A Business License pursuant to Chapter 5.04 of the Municipal Code.
2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of
the Municipal Code.
3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code.
(S): Integral facilities, as defined in Section 20.03.030, serving seven or more adults, are
classified as residential care facilities, general. Residential care facilities, general, and
residential care facilities, small nonlicensed, would normally be prohibited in all
residential zones as a group residential use. To facilitate housing for persons with
disabilities, residential care facilities, general, may be permitted with a use permit in the
RSC and MFR zones, and residential care facilities, small nonlicensed, may be permitted
with a use permit in the RSC, R -P, R -2, and MFR zones.
(T): No residential use may offer or provide services to persons not residing on the site, unless
the City has approved a use permit allowing such use, or in compliance with Section
20.60.100: Home Occupations in Residential Districts.
(U): Persons with disabilities may request a reasonable accommodation from the provisions of
the zoning ordinances under Chapter 20.98: Reasonable Accommodations.
(V): All uses must obtain business licenses if required by Chapter 5.04 of the Municipal Code.
31 2007 -09 -20 PC - Exhibit A
CHAPTER 20.91
USE PERMITS AND VARIANCES
Sections:
Page 20.91 -1
Use Permits and Variances
20.91.010
Purpose
20.91.015
Use Permit or Variance Requisite to Other Permits
20.91.020
Application for Use Permit or Variance
20.91.025
Duties of the Planning Director and the Planning Commission
20.91.030
Notice and Public Hearing
20.91.035
Required Findings
20.91.040
Conditions of Approval
20.91.045
Effective Date
20.91.050
Expiration, Time Extension, Violation, Discontinuance, and Revocation
20.91.055
Amendments and New Applications
20.91.060
Rights of Appeal
20.91.010 Purpose
This article provides the flexibility in application of land use and development regulations necessary
to achieve the purposes of this code by establishing procedures for approval, conditional approval, or
disapproval of use permit and variance applications.
Use permits are required for use classifications typically having unusual site development features or
operating characteristics requiring special consideration so that they may be designed, located, and
operated compatibly with uses on adjoining properties and in the surrounding area.
Variances are intended to resolve practical difficulties or unnecessary physical hardships that may
result from the size, shape, or dimensions of a site or the location of existing structures thereon; from
geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from
street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted
with respect to property development regulations and performance standards, but do not extend to
land use regulations.
20.91.015 Use Permit or Variance Requisite to Other Permits
No building permit or certificate of occupancy shall be issued in any case where a use permit or
variance is required by the terms of this code unless and until such use permit or variance has been
granted by the Planning Director or the Planning Commission or by the affirmative vote of the City
2007-09 -20 PC - EXHIBIT B
Page 20.91 -2
Use Permits and Variances
Council on appeal or review and then only in accordance with the terms and conditions of the use
permit or variance granted.
20.91.020 Application for Use Permit or Variance
An application for a use permit or variance shall be filed in a manner consistent with the
requirements contained in Chapter 20.90, Application Filing and Fees. If the application is for a use
permit in a Residential District (Chapter 20.10) or in an area where residential uses are provided for
in Planned Community Districts or Specific Plan Districts, the application shall be accompanied by
the additional information specified in Chapter 20.91A.
20.91.025 Duties of the Planning Director and the Planning Commission
A. Authority. The Planning Commission shall approve, conditionally approve, or
disapprove applications for use permits or variances, unless the authority for an
administrative decision on a use permit is specifically assigned to the Planning
Director in the individual chapters of this code.
Exception. The City Council shall have final decision - making authority on
the applications for use permits and variances filed concurrently with
amendments to the general plan, zoning code, or a planned community
development plan or with a development agreement.
B. Rendering of Decision. After the conclusion of the hearing on any application for a
use permit or variance, the Planning Commission shall render a decision within
thirty -five (35) days. Where the authority for an administrative decision on a use
permit is assigned to the Planning Director, the Planning Director shall render a
decision within fourteen (14) days of the acceptance of a completed application.
C. Report to the Planning Commission and City Council. The Planning Director shall
report the discussion of the Planning Commission on a use permit or variance to the
City Council at the next regular meeting or within 5 days of the decision, whichever
occurs first. Upon rendering a decision on a use permit, the Planning Director shall
report to the Planning Commission and the City Council at the next regular meeting
or within 5 days of the decision, whichever occurs first.
D. Notice of Decision. Upon the rendering of a decision on a use permit by the Planning
Director, a notice of the decision shall be mailed to the applicant and all owners and
occupants of property within 300 feet of the boundaries of the site.
2007 -09 -20 PC - EXHIBIT B
Page 20.91 -3
Use Permits and Variances
20.91.030 Notice and Public Hearing
A. Public Hearings. The Planning Commission shall hold a public hearing on an
application for a use permit or variance. Public hearings are not required for
applications where the authority for an administrative decision on a use permit is
assigned to the Planning Director.
B. Timing of Hearings. A public hearing shall be held on all use permit and variance
applications, except as otherwise provided in this chapter, within sixty (60) days after
the acceptance of a completed application.
C. Required Notice. Notice of a public hearing or an administrative decision shall be
given as follows:
Mailed or Delivered Notice.
a. Residential Districts. At least 10 days prior to the hearing or an
administrative decision, notice shall be mailed to the applicant and all
owners and occupants of property within 300 feet of the boundaries of
the site, as shown on the last equalized assessment roll or,
alternatively, from such other records as contain more recent
addresses.
b. Nonresidential Districts. At least 10 days prior to the hearing or an
administrative decision, notice shall be mailed to the applicant and all
owners of property within 300 feet, excluding intervening rights -of-
way and waterways, of the boundaries of the site, as shown on the last
equalized assessment roll or, alternatively, from such other records as
contain more recent addresses.
Notice To Occupants. Notice to occupants shall be accomplished by
mailing notice to each property address within 300 feet of the
boundaries of the site with notice addressed to "occupant." It shall be
the responsibility of the applicant to obtain and provideto the City the
names and addresses of owners and property addresses within 300
feet of the boundaries of the site as required by this section.
2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places
on or close to the property at least 10 days prior to the hearing or the
administrative decision.
3. Published Notice. Notice shall be published in at least one newspaper of
general circulation within the City, at least 10 days prior to the hearing.
2007 -09 -20 PC - EXHIBIT B
Page 20.91 -4
Use Permits and Variances
D. Contents of Notice. The notice of public hearing or of the decision of the Planning
Director shall contain:
A description of the location of the project site and the purpose of the
application;
A statement of the time, place, and purpose of the public hearing or of the
purpose of the administrative decision;
A reference to application materials on file for detailed information;
A statement that any interested person or authorized agent may appear and be
heard at the public hearing or their rights of appeal in case of administrative
decisions.
E. Continuance. Upon the date set for a public hearing before the Planning
Commission, the Planning Commission may continue the hearing to another date
without giving further notice thereof ifthe date of the continued hearing is announced
in open meeting.
20.91.035 Required Findings
The Planning Commission or the Planning Director, as the case may be, shall approve or
conditionally approve an application for a use permit or variance if, on the basis of the application,
plans, materials, and testimony submitted, the Planning Commission or the Planning Director finds:
A. For Use Permits.
That the proposed location of the use is in accord with the objectives of this
code and the purposes of the district in which the site is located.
2. That the proposed location of the use permit and the proposed conditions
under which it would be operated or maintained will be consistent with the
General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort, or
welfare of persons residing or working in or adjacent to the neighborhood of
such use; and will not be detrimental to the properties or improvements in the
vicinity or to the general welfare of the city.
That the proposed use will corirply with the provisions of this code, including
any specific condition required for the proposed use in the district in which it
would be located.
2007 -09 -20 PC - EXHIBIT B
Page 20.91 -5
Use Permits and Variances
4. If the use is proposed within a Residential District (Chapter 20.10) or in an
area where residential uses are provided for in Planned Community Districts
or Specific Plan Districts, the use is consistent with the purposes specified in
Chapter 20.91A and conforms to all requirements of that Chapter.
B. For Variances.
That because of special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application ofthis
code deprives such property of privileges enjoyed by other property in the
vicinity and under identical zoning classification.
2. That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
3. That the granting of the application is consistent with the purposes of this
code and will not constitute a grant of special privilege inconsistent with the
limitations on other properties in the vicinity and in the same zoning district.
4. That the granting of such application will not, under the circumstances ofthe
particular case, materially affect adversely the health or safety of persons
residing or working in the neighborhood of the property of the applicant 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.
20.91.040 Conditions of Approval
The Planning Commission or the Planning Director, as the case may be, may impose such conditions
in connection with the granting of a use permit or variance as they deem necessary to secure the
purposes of this code and may require guarantees and evidence that such conditions are being or will
be complied with, including but not limited to management and operations plans. Such conditions
may include, but are not limited to, requirements for off - street parking facilities and prohibitions
against assembly uses as determined in each case.
20.91.045 Effective Date
Use permits and variances shall not become effective for fourteen (14) days after being granted, and
in the event an appeal is filed or if the Planning Commission or the City Council shall exercise its
right to review any such decision under the provisions of Chapter 20.95, the permit shall not
become effective unless and until a decision granting the use permit, or variance is made by the
Planning Commission or the City Council.
200709 -20 PC - EXHIBrr B
Page 20.91 -6
Use Permits and Variances
20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation
A. Expiration. Any use permit or variance granted in accordance with the terms of this
code shall expire within twenty -four (24) months from the effective date of approval
or at an alternative time specified as a condition of approval unless:
A grading permit has been issued and grading has been substantially
completed; or
2. A building permit has been issued and construction has commenced; or
3. A certificate of occupancy has been issued; or
4. The use is established; or
A time extension has been granted.
In cases where a coastal permit is required, the time period shall not begin until the
effective date of approval of the coastal permit.
B. Time Extension. The Planning Director may grant a time extension for a use permit
or variance for a period or periods not to exceed three years. An application for a
time extension shall be made in writing to the Planning Director no less than thirty
(30) days or more than ninety (90) days prior to the expiration date.
C. Violation of Terms. Any use permit or variance granted in accordance with the terms
of this code may be revoked if any of the conditions or terms of such use permit, or
variance are violated, or if any law or ordinance is violated in connection therewith.
D. Discontinuance. A use permit or variance shall lapse if the exercise of rights granted
by it is discontinued for one hundred eighty (180) consecutive days.
E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96:
Enforcement.
20.91.055 Amendments and New Applications
A. Amendments. A request for changes in conditions of approval of a use permit or
variance or a change to plans that would affect a condition of approval shall be
treated as a new application. The Planning Director may waive the requirement for a
new application if the changes are minor, do not involve substantial alterations or
additions to the plan or the conditions of approval, and are consistent with the intent
of the original approval.
2007 -09 -20 PC - EXHIBIT B
Page 20.91 -7
Use Permits and Variances
B. New Applications. If an application for a use permit or variance is disapproved, no
new application for the same, or substantially the same, use permit or variance shall
be filed within one year of the date of denial of the initial application unless the
denial is made without prejudice.
20.91.060 Rights of Appeal
A. Appeals. Decisions of the Planning Director may be appealed to the Planning
Commission and decisions of the Planning Commission may be appealed to the City
Council.
B. Procedures. Procedures for appeals shall be as prescribed by Chapter 20.95: Appeals.
2007 -09 -20 PC -EXHIBIT B
Chapter 20.98
Reasonable Accommodation
Sections:
Page 20.98 -1
Reasonable Accommodation
20.98.010
Purpose.
20.98.015
Review Authority.
20.98.020
Application for a Reasonable Accommodation.
20.98.025
Decision.
20.98.030
Expiration, Time Extension, Violation, Discontinuance, and Revocation.
20.98.035
Amendments.
20.98.010 Purpose
In compliance with federal and state fair housing laws, it is the City's policy to provide
reasonable accommodation in its zoning and land use regulations, policies, and practices when
needed to provide an individual with a disability an equal opportunity to use and enjoy a
residence or to avoid discrimination on the basis of disability.
20.98.015 Review Authority
The Planning Commission shall approve, conditionally approve, or deny all applications for a
reasonable accommodation. If the project for which the request for reasonable accommodation is
made requires another discretionary permit or approval, then the Planning Commission shall, to
the maximum extent feasible, hear the other discretionary permit or approval at the same time as
the request for reasonable accommodation.
20.98.020 Application for Reasonable Accommodation
A. Procedure.
Applicant. A request for reasonable accommodation may be made by any
person with a disability, their representative, or a developer or provider of
housing for individuals with a disability. A reasonable accommodation
may be approved only for the benefit of individuals with a disability.
2. Application. An application for a reasonable accommodation from a
zoning regulation, policy or practice, including conditions of approval for,
or denial of, a discretionary permit, shall be made on a form provided by
the Planning Department. No fee shall be required for a request for
reasonable accommodation, but if the project requires another
discretionary permit, then the prescribed fee shall be paid for all other
discretionary permits.
2007 -09 -20 PC - EXHIBIT C
Page 20.98 -2
Reasonable Accommodation
3. Other Discretionary Permits. if the project for which the request for
reasonable accommodation is made requires another discretionary permit
or approval, then the applicant shall, to the maximum extent feasible, file
the request for reasonable accommodation together with the application
for the other discretionary permit or approval.
B. Required Submittals. In addition to materials required under other applicable
provisions of this Code, an application for reasonable accommodation shall
include the following:
1. Documentation that the applicant is an individual with a disability or is
applying on behalf of an individual with a disability, or is a developer or
provider of housing for an individual with a disability.
2. The specific exception or modification to the Zoning Code provision,
policy, or practice requested by the applicant, and documentation that such
exception or modification is necessary to provide the individual with a
disability an equal opportunity to use and enjoy the residence.
3. Documentation that such exception or modification is necessary to provide
the individual with a disability an equal opportunity to use and enjoy the
residence.
4. Any other information that the Planning Director reasonably concludes is
necessary to determine the findings required by Section 20.98.025.B can
be made, so long as any request for information regarding the disability of
the individuals benefited complies with fair housing law protections and
the privacy rights of the individuals affected.
20.98.025 Decision
A. Planning Commission Action. The Planning Commission shall issue a written
determination to approve, conditionally approve, or deny a request for reasonable
accommodation in compliance with Section 20.98.025.B The reasonable
accommodation request shall be heard with, and subject to, the notice, review,
approval and appeal procedures prescribed for any other discretionary permit. If
no other discretionary permit is required, the reasonable accommodation request
shall be subject to the notice and review procedures prescribed in Section
20.91.030 and the appeal procedures prescribed in Section 20.91.060.
B. Findings. The written decision to approve, conditionally approve, or deny a
request for reasonable accommodation shall be based on the following findings
required for approval of a reasonable accommodation:
2007 -09 -20 PC - EXI QnIT C
Page 20.98 -3
Reasonable Accommodation
that the housing, which is the subject of the request for reasonable
accommodation, will be used by an individual with a disability protected
under the fair housing laws;
2. that the requested accommodation is necessary to make housing available
to an individual with a disability protected under the fair housing laws;
3. that the requested accommodation would not impose an undue financial or
administrative burden on the City as "undue financial or administrative
burden" is defined in fair housing laws and interpretive case law; and
4. that the requested accommodation would not require a fundamental
alteration in the nature of the City's zoning program, as "fundamental
alteration" is defined in fair housing laws and interpretive case law.
In making these findings, the decision -maker may approve alternative reasonable
accommodations which provide an equivalent level of benefit to the applicant.
C. The City may consider, but is not limited to, the following factors in determining
whether the requested accommodation would require a fundamental alteration in
the nature of the City's zoning program:
In the case of a determination involving a single - family dwelling, whether
the disabled individuals would constitute a single housekeeping unit if
they were not disabled.
2. Whether the accommodation would result in a fundamental change in the
character of the neighborhood or the physical character of the structure.
Whether the accommodation would significantly increase traffic or result
in insufficient parking.
D. Coastal Zone Properties. For housing located in the Coastal Zone, a request for
reasonable accommodation under this section may be approved by the City if it is
consistent with the requisite findings set forth in 20.98.025.13, with Chapter 3 of
the California Coastal Act of 1976, and with the Interpretative Guidelines for
Coastal Planning and Permits as established by the California Coastal
Commission dated February 11, 1977, and any subsequent amendments, and the
Local Coastal Program.
Where a request for reasonable accommodation is consistent with 20.98.025.13 but
is not consistent with all of the other regulations identified in the paragraph above,
the City may approve the request for reasonable accommodation if the City finds:
2007 -09 -20 PC - EXHIBIT C
Page 20.98 -4
Reasonable Accommodation
that the requested reasonable accommodation is consistent, to the
maximum extent feasible, with the regulations identified in this
subsection; and,
2. that there are no feasible alternative means for providing a reasonable
accommodation that would provide greater consistency with the
regulations identified in this subsection.
For the purposes of this Paragraph D, "feasible" means capable of being
accomplished in a successful manner within a reasonable period of time, taking
into account economic, environmental, legal, social, and technological factors.
E. Rules While Decision is Pending. While a request for reasonable accommodation
is pending, all laws and regulations otherwise applicable to the property that is the
subject of the request shall remain in full force and effect.
F. Effective Date. No permit or license shall be issued for any reasonable
accommodation until the decision shall have become final by reason of the
expiration of time to make an appeal. In the event an appeal is filed, the
reasonable accommodation shall not become effective unless and until a decision
is made by the City Council on such appeal, under the provisions of Chapter
20.95. 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.
20.98.030 Expiration, Time Extension, Violation, Discontinuance, and Revocation
A. Expiration. Any reasonable accommodation approved in accordance with the
terms of this code shall expire within twenty -four (24) months from the effective
date of approval or at an alternative time specified as a condition of approval
unless:
A building permit has been issued and construction has commenced;
2. A certificate of occupancy has been issued;
3. The use is established; or
4. A time extension has been granted.
In cases where a coastal permit is required, the time period shall not begin until
the effective date of approval of the coastal permit.
B. Time Extension. The Planning Commission may approve a time extension for a
reasonable accommodation for good cause for a period or periods not to exceed
three years. An application for a time extension shall be made in writing to the
2007 -09-20 PC - EXHIBIT C
Page 20.98 -5
Reasonable Accommodation
Zoning Administrator no less than thirty (30) days or more than ninety (90) days
prior to the expiration date.
C. Notice. Notice of the Planning Commissions decision on a time extension shall
be provided as specified in Section 20.91.030.C. All written decisions shall give
notice of the right to appeal and to request reasonable accommodation in the
appeals process as set forth in Paragraph D below.
D. Appeal of Determination. A time extension for a reasonable accommodation shall
be final unless appealed to the City Council within 14 calendar days of the date of
mailing of the determination. An appeal shall be made in writing and shall be
noticed and heard pursuant to the procedures established in Chapter 20.95 of this
Code.
E. Violation of Terms. Any reasonable accommodation approved in accordance
with the terms of this code may be revoked if any of the conditions or terms of
such reasonable accommodation are violated, or if any law or ordinance is
violated in connection therewith.
F. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights
granted by it is discontinued for one hundred eighty (180) consecutive days. If
the persons initially occupying a residence vacate, the reasonable accommodation
shall remain in effect only if the Zoning Administrator determines that (1) the
modification is physically integrated into the residential structure and cannot
easily be removed or altered to comply with the Code or (2) the accommodation is
to be used by another individual with a disability. The Zoning Administrator may
request the applicant or his /her successor in interest to the property to provide
documentation that subsequent occupants are persons with disabilities. Failure to
provide such documentation within ten (10) days of the date of a request by the
City shall constitute grounds for discontinuance by the City of a previously
approved reasonable accommodation.
G. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96:
Enforcement.
20.98.035 Amendments
A request for changes in conditions of approval of a reasonable accommodation, or a change to
plans that would affect a condition of approval shall be treated as a new application. The Zoning
Administrator may waive the requirement for a new application if the changes are minor, do not
involve substantial alterations or addition to the plan or the conditions of approval, and are
consistent with the intent of the original approval.
2007 -09 -20 PC - EXHIBIT C
Page 20.62 -1
Nonconforming
Structures and Uses
CHAPTER 20.62
NONCONFORMING STRUCTURES AND USES
Sections:
20.62.010
Purpose
20.62.020
Applicability
20.62.030
Determination of Nonconformity
20.62.040
Nonconforming Structures
20.62.050
Nonconforming Uses
20.62.060
Nonconforming Parking
20.62.065
Landmark Buildings
20.62.070
Restoration of Damage or Destruction
20.62.080
Termination of Nonconforming Status
20.62.090
Abatement
20.62.100
Rights of Appeal
20.62.010 Purpose
Nonconforming uses, structures, and parking are inconsistent with a coherent zoning plan and the
established standards and regulations set forth in this Title. This chapter establishes procedures for
the continuance or abatement of existing structures and uses that do not conform to the provisions of
the Zoning Code, especially in residential zoning districts, and which may be adverse to the general
welfare of persons and property and detrimental to the orderly development of the City as envisioned
by the goals and policies of the General Plan. The purpose of these provisions is to:
A. Bring nonconforming uses and structures into conformance with the development
standards set forth in the City's Zoning Code.
B. Reduce the occurrence and limit the extent of nonconformance of nonconforming
uses and structures, especially in residential zoning districts.
C. Phase out certain nonconforming uses and structures in accordance with the
abatement periods set forth below, without infringing upon the constitutional rights
of property owners.
2007 -09 -20 PC - Exhibit D
Page 20.62 -2
Nonconforming
Structures and Uses
20.62.020 Applicability
Uses, buildings, structures or lots that become nonconforming due to reclassification, ordinance
changes, or annexations may be continued, subject to the provisions of this chapter.
20.62.030 Determination of Nonconformity
A. The Planning Director shall determine the nonconformity of any use, building, struc-
ture, or lot.
B. Any use found to have been lawfully established and maintained, but which does not
conform with the use regulations or required conditions for the district in which it is
located by reason of adoption or amendment of this code or by reason of annexation
of territory to the City, shall be deemed to be a nonconforming use. A nonconforming
use includes a use that was lawfully established and maintained but is conditionally
permitted in the district and has not obtained a use permit. A use shall not be
considered to have been "lawfully established and maintained" and is an illegal use if
it was established or operated without required permits and licenses, including but
not limited to permits and licenses required by any federal, state, or local government
agency.
C. Any structure or building that was lawfully erected, but which does not conform with
the property development regulations prescribed in the regulations for the district in
which the structure is located by reason of adoption or amendment of this code or by
reason of annexation of territory to the City, shall be deemed to be a legal
nonconforming structure. A building or structure shall not be considered to have been
"lawfully erected" and is an illegal structure if it was constructed without required
permits, including but not limited to permits required by any federal, state, or local
government agency.
D. When a use or structure does not conform with the use regulations or required
conditions for the district in which it is located, the property owner or person
asserting that it is a nonconforming use or a nonconforming structure has the burden
to provide sufficient documentation to the Planning Director that the use or structure
was lawfully established, maintained, and erected and is nonconforming by reason of
adoption or amendment of this code or by reason of annexation of territory to the
City.
E. A use or structure that was not lawfully established, maintained, or erected is contrary
to the provisions of this code and the City shall commence an action or proceedings
for the abatement and removal of the use or structure pursuant to the provisions of
Chapter 20.96.
2007 -09 -20 PC — Exhibit D
Page 20.62 -3
Nonconforming
Structures and Uses
20.62.040 Nonconforming Structures
A. Maintenance and Repairs. Ordinary maintenance and repairs maybe made to legal
nonconforming structures. No structural alterations shall be made which would
prolong the life of the supporting members of a structure, except as provided in this
section.
B. Interior Alterations. Changes to interior partitions or other nonstructural
improvements and repairs may be made to a legal nonconforming structure, provided
that the cost of the desired improvement or repair shall not exceed 50 percent of the
replacement cost of the nonconforming structure, as determined by the Building
Director, over any consecutive 12 month period.
C. Structural Alterations. Structural elements of a legal nonconforming structure may
be modified or repaired subject to the following provision:
Alteration of up to 25 percent of the structural elements within any 12 month
period may be permitted by right.
Alteration of up to 50 percent of the structural elements within any 12 month
period may be permitted upon the approval of a modification permit.
Alteration of up to 75 percent of the structural elements within any 12 month
period may be permitted upon the approval of a use permit by the Planning
Director, subject to the findings and provisions contained in Section
20.62.040 (F).
D. Additions. Structures legally nonconforming for reasons other than for parking, open
space, floor area, or building bulk, maybe enlarged, extended or expanded subject to
the following provisions:
A increase of up to 25 percent of the gross floor area within any 12 month
period may be permitted by right.
An increase of up to 50 percent of the gross floor area within any 12 month
period may be permitted upon the approval of a modification permit.
An increase of up to 75 percent of the gross floor area within any 12 month
period may be permitted upon the approval of a use permit by the Planning
Director, subject to the following findings and provisions contained in
Section 20.62.040 (F).
2007 -09 -20 PC — Exhibit D
Page 20.62 -4
Nonconforming
Structures and Uses
No addition shall cause an increase in the structure's inconsistency with the
regulations of the Zoning Code.
E. Exceptions. The provisions of this section shall not apply to the following
circumstances:
Seismic Retrofits. Alterations to a structure required to comply with the
minimum provisions of Chapter 15.07, "Earthquake Hazard Reduction," and
California Government Code Section 8875.
2. Public Health & Safety. Structural elements of a legal nonconforming
structure may be modified or repaired if the Building Director determines that
such modification or repair is immediately necessary to protect the health and
safety of the public or occupants of the nonconforming structure, or adjacent
property and the cost does not exceed 50 percent of the replacement cost of
the legal nonconforming structure, as determined by the Building Director.
3. Nonconforming Parking. Structures which are nonconforming due to off -
street parking and loading requirements shall be subject to the provisions of
Section 20.62.060.
F. Required Findings. A use permit required for the alteration of a nonconforming
structure may be approved only if the following findings are made in addition to
those findings specified in Chapter 20.91.
1. The cost of the improvements to be made is minor in comparison to the value
of the existing nonconforming condition.
2. The cost of correcting the nonconforming condition would exceed the cost of
the other alterations proposed.
3. Retention of the nonconforming condition is necessary to maintain reasonable
use of the structure.
4. The alteration does not increase the structure's inconsistency with the
regulations of the Zoning Code.
20.62.050 Nonconforming Uses
A. Expansion, Increase and Intensification of Nonconformine Uses. In nonresidential
2007-09 -20 PC — Exhibit D
Page 20.62 -5
Nonconforming
Structures and Uses
districts, and in areas where residential uses are not provided for in Planned
Community Districts or Specific Plan Districts, a use normally permitted by right or
by the approval of a use permit, but which is nonconforming by virtue of the required
conditions of the district in which it is located, may be expanded, increased or
intensified by way of a change in operational characteristics upon the approval of a
use permit.
Exception: The use of a Landmark Building (see Section 20.62.065) may be
changed, expanded, increased or intensified and structural alterations maybe
made without obtaining a use permit required by this Section or the
provisions of Section 20.82 subject to compliance with the provisions of
Section 20.62.065.
B. Change of Nonconforming Use. A nonconforming nonresidential use may be
changed to a conforming use provided that the requirements of Chapter 20.63 (Floor
Area Ratios and Building Bulk) are satisfied and the change does not create or
increase a deficiency in code required off - street parking. A nonconforming
residential use maybe altered to reduce the number of dwelling units provided there
is no increase in gross square footage and the provisions of Chapter 20.86: Low and
Moderate Income Housing within the Coastal Zone, are satisfied. In nonresidential
zoning districts, and in areas where residential uses are not provided for in Planned
Community Districts or Specific Plan Districts, a nonconforming use may be changed
to a use of a similar nature provided no intensification or enlargement of the
nonconforming use occurs, unless a use permit is granted as provided in Subsection
A above, and provided that the new use is no less compatible with the surrounding
area.
20.62.060 Nonconforming Parking
A. Residential Uses. Where residential uses are nonconforming only because they do
not conform to the off - street parking requirements of this code, the following
alterations are permitted:
Number of Spaces
a. Residential development having less than 2 parking spaces per
dwelling unit:
(1) Repair and maintenance, interior alterations, and structural
alterations, as provided for in Section 20.62.040 (A -C).
2007 -09 -20 PC — Exhibit D
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Nonconforming
Structures and Uses
(2) Minor additions to existing buildings, such as the construction
of bathrooms, closets and hallways, or the expansion of
existing rooms, subject to the floor area limits of Section
20.62.0.040 (D -1 —D3).
(3) Addition of a new room provided that there is no net increase
in the number of habitable rooms, upon the approval of a
modification permit, subject to the floor area limits of Section
20.62.0.040 (D -1— D -3).
b. Residential development having at least 2 parking spaces per
dwelling unit maybe altered or expanded as provided in Subsection
A -1 -a, except that:
(1) The approval of a modification permit shall not be required
for the addition of a new room provided that there is no net
increase in the number of habitable rooms.
(2) Additional rooms may be added upon the approval of a
modification permit.
2. Size of Parkine Spaces.
a. No discretionary approvals shall be required for the alteration or
expansion of buildings which are nonconforming only because
amendments to this code have changed the dimensions of required
parking spaces subsequent to the original construction ofthe building,
provided that the building and any proposed addition shall conform to
current provisions of this code with regard to the number of required
parking spaces.
b. Where the dimensions of required parking spaces do not meet
provisions of Subsection A -2 -a, above, or current standards, alteration
of the structure may be permitted only upon the approval of a
modification permit.
3. Covered and Enclosed Parkin e.
Residential development having less than the required number of enclosed
parking spaces:
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Page 20.62 -7
Nonconforming
Structures and Uses
a. Repair and maintenance, interior alterations, and structural
alterations, as provided for in Section 20.62.040 (A -C).
b. Minor additions to existing buildings, such as the construction of
bathrooms, closets and hallways, or the expansion of existing rooms,
subject to the floor area limits of Section 20.62.0.040 (D).
C. Addition of a new room provided that there is no net increase in the
number of habitable rooms, upon the approval of a modification
permit, subject to the floor area limits of Section 20.62.0.040 (D).
B. Nonresidential Uses. Where nonresidential structures and uses are nonconforming
only because they do not provide the number of parking spaces required by this code,
the following shall be controlling:
Continuation or Change. Nonconforming structures and uses in
nonresidential zoning districts, and in areas where residential uses are not
provided for in Planned Community Districts or Specific Plan Districts, may
be continued or changed to a use requiring the same or less on -site parking,
consistent with all other provisions of this code.
2. Repair and maintenance, interior alterations, and structural alterations, as
provided for in Section 20.62.040 (A -C).
Enlargement or Intensification.
a. More Than 10% Increase
The nonconforming structure or use may be enlarged by more than 10
percent of its original gross floor area, or onsite uses may be
intensified such that code required parking would increase by more
than 10 percent, in any 12 month period, only if all code required
parking is provided, unless a waiver or reduction of the parking
requirement is authorized by use permit approved by the Planning
Director.
b. Less Than 10% Increase
A nonconforming structure or use may be enlarged by less than 10
percent of its original gross floor area or intensified to generate less
than a 10 percent increase in code required parking, upon the
2007 -09 -20 PC - Exhibit D
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Nonconforming
Structures and Uses
provision of code required parking attributable to the enlargement or
intensification.
4. Removal. All nonconforming rights with regard to parking shall be lost for
any non - accessory building which is demolished.
20.62.065 Landmark Buildings
A. Purpose. To preserve historic structures, encourage their adaptive reuse, and
revitalize the older commercial areas in which they are located by granting relief
from restrictions on nonconforming uses and structures in this Chapter while
maintaining the principal use and minimizing impacts on the surrounding area.
B. Applicability. The following types of buildings are recognized as having importance
to the history and architecture of the City of Newport Beach and are collectively
designated as Landmark Buildings:
1. Landmark Theaters. The term Landmark Theaters shall mean any building
constructed for use as a cinema or theater that (a) was constructed on or
before December 12, 1950; (b) has a single screen or stage; and (c) was
designed to seat more than 300 people.
2. Landmark Structure. The term Landmark Structure shall mean any building
listed on the National Register of Historic Places, constructed prior to
December 12, 1950.
C. Exemptions. The principal use of a Landmark Building may be modified,
maintained, altered, increased or intensified by way of a change in operational
characteristics without obtaining a use permit required by Section 20.62.050 (A) or
the provisions of Section 20.82, subject to compliance with the conditions of
Subsection (D) and irrespective of whether the principal use has been inactive for any
period of time since inception. An accessory use may be initiated, or intensified by
way of a change in operational characteristics, in a Landmark Building without
obtaining a use permit required by Section 20.62.050 (A) or Section 20.82 subject to
compliance with the conditions of Subsection (D). Structural alterations may be
made to a Landmark Building without obtaining a use permit pursuant to Section
20.62.040(C) subject to compliance with the conditions of Subsection (D). For
purposes of this Section the term accessory use shall mean any use that is permitted
as a matter of right or pursuant to a use permit in the zoning district in which the
Landmark Building is located. For purposes of this Section, the term principal use
shall mean, in the case of a Landmark Theatre, the (i) display of motion pictures; and
2007 -09 -20 PC— Exhibit D
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Nonconforming
Structures and Uses
(ii) any similar entertainment use that occurred on a regular basis within the structure
from its inception to January 1, 2003. In the case of a Landmark Structure, the term
principal use shall be the use that occupied the greatest amount of floor area as of
January 1, 2003.
D. Conditions. The exemptions specified in Subsection C are applicable on the
following conditions.
Any new use that is initiated. and any use that is intensified by way of a
change in operational characteristics, is accessory and remains subordinate to
the then current and ongoing principal use of the Landmark Building.
2. The principal use of the Landmark Building occupies, at all times, no less
than seventy percent (70 %) of the of the gross floor area of the Landmark
Building.
3. A use permit is issued pursuant to the provisions of Chapter20.89 (Alcoholic
Beverage Outlets) prior to the initiation of any accessory use that involves the
sale or consumption of alcoholic beverages.
4. Any permit required by any other titles (other than Title 20) of the Municipal
Code has been issued prior to the initiation or intensification (by way of a
change in operational characteristics) of any accessory use of the Landmark
Building.
Any accessory use in any Landmark Theater is conducted between the hours
of 8:00 a.m. and 12:00 a.m.
6. The required off - street parking of all uses after any additions, intensification,
modification or expansion (including credit for reductions in off - street
parking resulting from the elimination of accessory uses existing on January
1, 2003) is less than the required off - street parking for the principal and
accessory uses prior to any additions, intensification, modification or
expansion.
7. The facade and/or exterior architectural features of the Landmark Building
are not substantially altered or are restored to original condition and the
exterior walls of the Landmark Building remain in substantially the same
location as they existed on January 1, 2003.
2007 -09 -20 PC— Exhibit D
Page 20.62 -10
Nonconforming
Structures and Uses
20.62.070 Restoration of Damage or Destruction
A. Nonconforming Use. A nonconforming use occupying land, a building, or portion
thereof which is otherwise conforming and damaged or destroyed by fire, explosion,
earthquake, or other disaster may be reestablished, provided that restoration work is
commenced within 12 months after the damage or destruction occurs and is pursued
diligently to completion, and provided that an abatement period for the use has not
been established pursuant to Section 20.62.090.
B. Nonconforming Structure or Parking
1. Determination of Replacement Value. The replacement value ofthe structure
shall be determined by the Building Director. However, the Building
Director shall accept the appraised replacement value of the structure as
determined by an independent, licensed appraiser retained by the property
owner, should the property owner choose to do so. The replacement value of
the structure shall be in excess of the building foundation at the time of the
damage.
Up To 90 % Damage or Destruction.
a. General Provisions. A nonconforming structure, which is partially
destroyed by fire, explosion, earthquake, or other disaster, may be
repaired or restored as a matter of right if the cost of the repair or
restoration is less than 90 percent of the replacement value of the
structure. The rights conferred by this section are contingent upon
diligent application for a building permit after the damage or partial
destruction occurs and diligent pursuit of repairs to completion.
b. Special Provisions. Notwithstanding the provisions of subparagraph
a, where a structure is nonconforming due to an encroachment into a
setback or into the required distance between buildings, and the
encroachment is more than 90 percent destroyed, a modification
permit shall be required for replacement or repair of the
encroachment.
When a structure is nonconforming due to excessive height, bulk,
gross floor area, or lack of open space, and the nonconforming
condition is more than 90 percent destroyed, the nonconforming
condition may be restored only after approval of a use permit
approved by the Planning Director pursuant to Chapter 20.91 with the
2007-09 -20 PC - exhibit D
Page 20.62.11
Nonconforming
Structures and Uses
following additional findings, subject to the limitations in Subsection
D below:
(1) That replacement ofthe nonconforming condition is necessary
to maintain reasonable use of the structure or individual
condominium unit.
(2) That replacement of the nonconforming condition is necessary
to preserve a substantial property right.
3. Greater Than 90% Destruction. If a nonconforming structure is damaged or
destroyed by fire, explosion, earthquake, or other disaster to an extent of
more than 90 percent of its replacement value, then the nonconformity may
be restored only if a use permit is first approved by the Planning Director
provided application for the use permit is made within 12 months after the
damage or destruction occurs and the following findings are made in addition
to those findings required in accordance with Chapter 20.91 subject to the
limitations in Subsection D below:
a. That replacement of the nonconforming condition is necessary to
maintain reasonable use of the property or individual condominium
unit.
b. That replacement of the nonconforming condition is necessary to
preserve a substantial property right.
Removal of Portions of the Structure Not Destroyed or Damaged. If a
nonconforming structure is damaged or destroyed by fire, explosion,
earthquake, or other disaster to an extent of more than 50 percent of its
replacement value, then a maximum additional 20 percent of the structure
may be removed and replaced if necessary to pursue restoration of the
structure. Any additional portions of the structure may be removed and
replaced, only upon the approval of a use permit by the Planning Director and
subject to the following findings in addition to those findings required in
accordance with Chapter 20.91.
a. That substantial additional expense would be created by the necessity
of working around the additional portion of the structure to be
removed when repairing the damaged or destroyed portion.
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Nonconforming
Structures and Uses
b. That replacement of the nonconforming portion of the structure which
was voluntarily removed is necessary to preserve a substantial
property right; or that the rebuilt portion of the structure will more
nearly conform to the provisions of this code.
C. Aging and Deterioration. The provisions of this section shall not be construed to
permit replacement of nonconforming conditions in structures undergoing
renovation, remodel, or reconstruction, structures damaged by ongoing natural
processes such as dry rot or termites or structure which have deteriorated due to age.
D. Condominium Units. When a use permit is required for replacement or repair of any
condominium units which are damaged or destroyed by fire earthquake, explosion, or
other disaster, no reduction in the number of units shall be required. The replacement
units shall be permitted to be equivalent in size and location to the units which were
damaged or destroyed.
20.62.080 Termination of Nonconforming Status
A. Unless otherwise provided in this chapter, a nonconforming use must cease
operations and cannot be reestablished when one or more of the following events
occur:
The nonconforming use remains inactive for 180 consecutive days, except as
provided in Subsection B, below.
2. The nonconforming use is converted to a conforming use.
The nonconforming use is enlarged, extended, expanded or in any other
manner changed to increase its inconsistency with the regulations of this
code.
4. The abatement period expires as set forth in Section 20.62.090.
B. Exceptions.
In nonresidential zoning districts, and in areas where residential uses are not
provided for in Planned Community Districts or Specific Plan Districts, a
nonconforming use which has been inactive for 180 days or more may be
reestablished, subject to the approval of the Planning Director upon finding
that:
2007 -09 -20 PC - Exhibit D
Page 20.62 -13
Nonconforming
Structures and Uses
a. The use is normally permitted, either by right or by the approval of a
use permit, and is nonconforming only by virtue of the required
conditions of the district in which it is located; and
b. The property or structure where the nonconforming use was located
contains a substantial investment in the structural design, equipment,
or fixtures that are unique to and necessary for the operation of the
former use; and
C. The property owner has made a good faith effort to reestablish the use
and has maintained the property in a manner to prevent unsafe or
unsightly condition during the period of inactivity.
2. A nonconforming use that has been inactive for 180 days or more may be
reestablished when located within a Landmark Building, pursuant to the
requirements of Section 20.62.065.
C. Abatement. Whenever the Planning Director finds that any of the conditions set forth
in Subsection A exist, the Planning Director shall issue a written order of abatement
as specified in Section 20.62.090.F of this chapter.
20.62.090 Abatement
A. Time Periods for Abatement. Nonconforming uses shall be abated and terminated
upon the expiration of the periods of time set forth below.
1. Nonconforming Use of Land When No Structure Is Involved. In any district,
the nonconforming use of land not involving a structure shall be abated
within one year following approval of an inventory containing the use
pursuant to Section 20.62.090.13; or within one year after the Planning
Commission completes proceedings for the abatement of the use pursuant to
Section 20.62.090.E.
2. Nonconforming Use of Land Involving a Structure.
a. In Residential Districts (Chapter 20.10) or in an area where
residential uses are provided for in Planned Community Districts or
Specific Plan Districts, a nonconforming use of land involving a
structure shall be discontinued within two years following approval of
an inventory containing the use pursuant to Section 20.62.090.B.
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Nonconforming
Structures and Uses
Exception: Multi - Family Residential uses and Two - Family
Residential uses located in Residential Districts (Chapter 20.10), and
in areas where residential uses are provided for in Planned
Community Districts or Specific Plan Districts, which are
nonconforming only in terms of their density or parking or their use
as Multi- Family Residential or Two - Family Residential shall not be
subject to abatement.
b. In nonresidential districts, and in areas where residential uses are not
provided for in Planned Community Districts or Specific Plan
Districts, the nonconforming uses of land wherein a structure is
involved shall be discontinued within ten years after the Planning
Commission completes proceedings for the abatement of the use
pursuant to Section 20.62.090.D.
C. Notwithstanding the above, any maximum abatement periods
specified in Planned Community Districts or Specific Plan Districts
shall be as shown in the specific plan or development plan.
Exception: No abatement period will be set for the use of a Landmark
Building (see Section 20.62.065), which may be changed, expanded,
increased or intensified and structural alterations may be made subject to
compliance with the provisions of Section 20.62.065.
B. Procedures for Abatement of Uses in Residential Districts. The following procedures
shall be followed prior to any abatement of nonconforming uses in Residential
Districts (Chapter 20.10) and in areas where residential uses are provided for in
Planned Community Districts or Specific Plan Districts:
Inventorv. Within one hundred twenty (120) days of the effective date of any
ordinance that causes an existing use to become nonconforming or which
imposes an abatement period on existing uses, the Planning Director shall
begin to identify and inventory all nonconforming uses subject to abatement
in Residential Districts (Chapter 20.10) and in areas where residential uses
are provided for in Planned Community Districts and Specific Plan Districts.
The inventory shall be completed in a timely manner.
2. Notice of Inventory. Following completion of all or part of the inventory, the
City shall send written notice, by first class mail, to the owners of all
properties, as shown on the last equalized assessment roll, identified by the
inventory as nonconforming uses subject to abatement. Occupants shall also
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Nonconforming
Structures and Uses
be notified as specified in Section 20.91.030.C. Within 45 days of the mailing
of the written notice, any property owner, occupant, or authorized agent may
submit a complete application to the Planning Director demonstrating thatthe
use conforms with the use regulations and required conditions for the district
in which it is located. The Planning Director shall make a determination no
more than 90 days after receiving a complete application. The Director shall
modify the inventory as required.
3. Planning Commission Hearing. The Planning Commission shall consider, at
a public hearing, whether the uses identified in the inventory are
nonconforming and so subject to abatement. Notice shall be provided to all
owners and occupants of property within 300 feet of those properties
identified as nonconforming, as specified in Section 20.91.030.C. The
Commission shall approve, approve with changes, or disapprove the
inventory of nonconforming uses subject to abatement.
4. Further Notice to Owners. Within 14 days following approval of the
inventory of uses subject to abatement, the City shall send written notice, by
first class mail, to the owners of all properties, as shown on the last equalized
assessment roll, identified in the approved inventory as nonconforming uses
subject to abatement. The written notice shall describe the abatement period
and the procedures for requesting an extension of the abatement period. If any
existing uses may become conforming upon the approval of a use permit, the
written notice shall describe the procedures for applying for a use permit.
C. Extension of Abatement Period.
Purpose. A property owner may request an extension ofthe abatement period
to amortize the property owners investment to avoid an unconstitutional
taking of property. The City will evaluate evidence of economic hardship
arising from abatement, the nonconformity's impact on the community, and
other factors that may affect the length of the abatement period required to
avoid an unconstitutional taking.
2. Application Requirements. The owner of property subject to an abatement
period, or his authorized agent, may file an application for extension of the
abatement period no later than 180 days prior to the expiration of the
abatement period set forth in this chapter. The application shall be filed in a
manner consistent with the requirements contained in Chapter 20.90, and
shall include the following additional information:
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Nonconforming
Structures and Uses
a. The length of the requested extension of the abatement period.
b. Evidence in support of the findings included in Section 20.62.090.C.4
below.
3. Notice and Hearing; Planning Commission Action. The Planning
Commission shall review the application for an extension at a public hearing.
Notice shall be provided to all owners and occupants of property within 300
feet of the property, as specified in Section 20.91.030.C. The Planning
Commission, by resolution, shall approve, conditionally approve, or deny the
request for an extension to the abatement period. The resolution shall include
findings of fact, as required by Section 20.62.090.C.4 below.
Findinp, s. In reviewing an application for an extension to the abatement
period, the Planning Commission shall grant an extension only as required to
avoid an unconstitutional taking of property. The Commission shall consider:
a. The length of the abatement period in relation to the owner's
investment in the use, including, but not limited to, the cost of the
property and improvements, the length and remaining term of the
lease under which the use is maintained, structural alterations or en-
largements, and the installation of major equipment prior to the date
of nonconformity;
b. The length of time the use was operating prior to the date of
nonconformity;
C. The suitability of the structure for an alternative use;
d. Harm to the public if the use remains beyond the abatement period;
and
e. The cost and feasibility of relocating the use to another site.
f. Other evidence relevant to the determination of whether an extension
of the abatement period is required to avoid an unconstitutional
taking of property.
Notice to Owner. The Secretary of the Planning Commission shall formally
notify the owner of nonconforming property of the action of the Commission
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Nonconforming
Structures and Uses
by mailing the owner a copy of the resolution not later than 10 days following
the date of its adoption by the Planning Commission.
D. Establishment of Abatement Period in Nonresidential Districts.
Planning Commission Action. Where the Planning Commission determines
that the orderly termination of a nonconforming use in a nonresidential
district, or in areas where residential uses are not provided for in Planned
Community Districts or Specific Plan Districts, is necessary to promote the
health, safety, and general welfare and to comply with the provisions of the
Zoning Code and goals and policies of the General Plan, it shall establish a
ten -year abatement period pursuant to Subsection A.2.
2. Notice and Hearing. Notice and hearing shall be provided as specified in
Subsection C above. If the owner desires a longer abatement period, the
owner may present evidence as may relate to the case. Following the hearing,
the Planning Commission shall establish or refuse to establish an abatement
period. If the Commission decides to establish an abatement period, it shall
follow the procedures specified in Subsection C above.
E. Nonconforming Uses Requiring Only a Use Permit To Become Conforming.
Annlication for a Use Permit. If a use is deemed nonconforming solely
because the Municipal Code was amended to require a use permit for that
use, the property owner, occupant, or authorized agent for the use may
submit a complete application for a use permit within one year following
approval of an inventory containing the use pursuant to Section
20.62.090.13.
2. No Extension of Abatement Period. The filing of an application for a use
permit will not extend any abatement period prescribed in Section
20.62.090.A.
F. Order of Abatement.
I. Order of Abatement. Whenever the Planning Director finds that any of the
conditions set forth in Section 20.62.080.A exist, the Director shall issue a
written order of abatement and shall give notice given to the property owners
and all persons in possession of the property. Unless the nonconformity has
been previously abated, the owner and/or person in possession shall comply
within the time and in the manner stated in the order.
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Nonconforming
Structures and Uses
Enforcement. The City shall be authorized to enforce the provisions of this
Chapter by civil action, utilization of the procedures in Chapter 20.96, or any
other proceeding or method permitted by law or equity.
20.62.100 Rights of Appeal
A. AA7peals. Decisions of the Planning Director or the Zoning Administrator may be
appealed to the Planning Commission and decisions of the Planning Commission
may be appealed to the City Council.
B. Procedures. Procedures for appeals shall be as prescribed by Chapter 20.95: Appeals.
2007 -09 -20 PC - Exhibit D
Page 20.91 A -1
Use Permits in Residential Zones
CHAPTER 20.91A
USE PERMITS IN RESIDENTIAL DISTRICTS
Sections:
20.91A.010
Purpose
20.91A.020
Application Contents
20.91A.030
Development and Operational Regulations
20.91A.040
Required Findings
20.91A.010 Specific
Purposes
The specific purposes of this chapter are:
A. To promote the public health, safety, and welfare and to implement the goals and
policies of the Newport Beach General Plan by ensuring that conditional uses in
residential neighborhoods do not change the character of such neighborhoods as
primarily residential communities.
B. To protect residential neighborhoods with nonstandard subdivisions, areas with
substandard lot widths and areas, minimal setbacks, and narrow streets and alleys,
from an overconcentration of conditional uses that have greater impacts on residential
areas with nonstandard development patterns and which have greater impacts than
those envisioned at the time of the original subdivision and development.
C. To protect and further the recovery and integration of the disabled, including those
receiving treatment and counseling in connection with dependency recovery, the City
seeks to avoid and to ameliorate overconcentration of residential care facilities so that
such facilities are dispersed throughout the community and are not congregated or
overconcentrated in any particular area.
20.91A.020 Application Contents
In addition to the application requirements contained in Chapter 20.90, Application Filing and Fees,
an application for a use permit in a Residential District (Chapter 20.10), or in an area where
residential uses are provided for in Planned Community Districts or Specific Plan Districts, shall be
accompanied by the following information and plans:
A. Required Information.
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Page 20.91 A -2
Use Permits in Residential Zones
Facility Users. Number and types of users of the facility (including staff,
clients, visitors, students, etc., as appropriate).
Operational Characteristics. Hours of operation, types of activities, and
typical attendance at activities.
2. Transportation and Parking. Availability of public transportation; expected
parking demand and vehicular use, including bicycles and other non -
motorized vehicles; means used to transport facility users; and probably
routes used on a regular basis to off -site facilities, including those outside the
City of Newport Beach.
B. Required Plans. Location map showing all conditional uses within three blocks,
including property addresses; site plan showing uses and structures on adjacent
parcels.
C. Operations and Management Plan. Operations and management plan to ensure
compliance with state and local law; and rules of conduct for all users of the site. if
the use permit is for a residential facility, such as a residential care facility or a bed
and breakfast inn, also indicate the number of residents per bedroom, maximum
number of occupants, typical length of stay, and any guest or client rules of conduct.
20.91A.030 Development and Operational Regulations
A. Separation of Conditional Uses.
To preserve the character of residential neighborhoods, no conditional use
shall be located within 75 feet of another conditional use, measured from
the exterior property lines of both uses, except that, within the area
included in the Nonstandard Subdivision Map (incorporated herein as Map
20.91A), no conditional uses shall be located within 1000 feet of another
conditional use, measured from the exterior property lines of both uses.
2. The provisions of this Paragraph A shall not apply to the approval of a use
permit for an existing nonconforming use which is nonconforming only by
lack of a use permit.
B. Maximum Occupancy. There may be no more than 2 residents per bedroom, plus
1 additional resident.
C. Outdoor Smoking. No staff, clients, guests, or any other users of the site may
smoke in an outdoor area within 15 feet of the property lines of the site.
D. Management and Operation. The property shall be operated in compliance with
applicable state and local law and in conformance with the management and
2007 -09 -20 PC — Exhibit E
Page 20-91A-3
Use Permits in Residential Zones
operating plan and rules of conduct submitted as part of the application for a use
permit. The operator shall obtain a business license for the use if required by the
City.
E. Nonlicensed Residential Care Facilities to be Occupied by Individuals with
Disabilities. The standards listed below shall be applied to all nonlicensed
residential care facilities serving individuals with disabilities, to ensure that these
facilities are operating in a manner that is consistent with state and federal law and
with established standards, and that the operators do not have a pattern or practice
of operating similar facilities in violation of state or local law:
The facility shall not be required to be licensed by the State of California,
and owners, managers, operators, and residents shall not provide onsite
any services which would require licensure of the facility under California
law.
2. The facility shall receive any certification specific to the type of facility
that is available from a governmental agency or qualified nonprofit
organization, including, without limitation, certification by Orange County
under its Adult Alcohol and Drug Sober Living Facilities Certification
Program for cooperative living arrangements providing an alcohol- and
drug -free environment for persons recovering from alcoholism or drug
abuse, or both.
The names of all persons and entities with an ownership or leasehold
interest in the facility, or who will participate in operation of the facility,
shall be disclosed in writing to the City, and such persons and entities shall
not have a pattern or practice of operating similar facilities in violation of
state or local law.
The operator of the residential facility shall provide a list of the addresses
of all similar facilities in the State of California owned or operated by the
operator and shall certify under penalty of perjury that none of such
facilities have been found by state or local authorities to be operating in
violation of state or local law. The Zoning Administrator shall verify such
information.
20.91A.040 Findings
In addition to the findings required by Section 20.91.035, the Planning Commission shall make the
following findings before approving or conditionally approving an application for a use permit in a
Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned
Community Districts or Specific Plan Districts:
A. The use conforms to all applicable provisions of Section 20.91A.030.
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Page 20.91A -4
Use Permits in Residential Zones
B. The project includes sufficient on -site parking for the use, and traffic and
transportation impacts have been mitigated to a level of insignificance.
C. The property and existing structures are physically suited to accommodate the use.
D. The use will be compatible with the character of the surrounding neighborhood,
and the addition of the use will not change the residential character of the
neighborhood, such as by creating an overconcentration of non - residential uses in
the vicinity of the proposed use. The provisions of this Paragraph D regarding
overconcentration shall not apply to the approval of a use permit for an existing
nonconforming use which is nonconforming only by lack of a use permit.
2007 -09 -20 PC —Exhibit E