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HomeMy WebLinkAbout2004-1 - Approve Prezoning for "Area 7" and the Emerson Area Precedent to their Annexation to the City [CA 2003-006 and CA 2003-007]ORDINANCE 2004 -1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PREZONING FOR "AREA 7" AND THE EMERSON AREA PRECEDENT TO THEIR ANNEXATION TO THE CITY [CA 2003 -006 and CA 2003 -007] WHEREAS, the City Council of the City of Newport Beach has initiated actions to annex territory identified as "Area 7" and the "Emerson Area" to the City of Newport Beach and to detach a portion of Area 7 from the City of Costa Mesa; and WHEREAS, the California Government Code allows a city to prezone territory for the purpose of determining the zoning that will apply to such territory after annexation to the city; and WHEREAS, the California Government Code requires zoning to be consistent with a city's general plan designations on property; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City staff has completed Initial Studies, determined that the subject amendments and annexations will not have a significant effect on the environment, and accordingly prepared draft Negative Declarations for the amendments and annexations; and WHEREAS, on November 20, 2003, the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed prezonings and related items and forwarded them to the City Council with a recommendation of adoption; and WHEREAS, on January 13, 2004, the City Council of the City of Newport Beach held a public hearing regarding the proposed amendments and related items; and WHEREAS, the public was duly notified of the preceding public hearings. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: ENVIRONMENTAL REVIEW. 1. Pursuant to CEQA Guidelines Section 15063, Initial Studies have been prepared for the projects. After reviewing the Initial Studies and the draft Negative Declarations, designated by reference as Exhibits ND -1 and ND -2 of this Resolution as if completely contained herein, and all comments received during the public review process, the City Council determines that the projects will not have a significant impact upon the environment and accordingly adopts the Negative Declarations, reflecting the independent judgment of the City of Newport Beach. All records pertaining to this environmental determination are retained in the Planning Department of the City of Newport Beach. 2. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed projects will have the potential for any adverse effect on wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council hereby finds that any presumption of adverse impact has adequately been rebutted. Therefore, pursuant to Fish and Game Code Section 711.2 and Title 14, California Code of Regulations Section 753.5(a)(3), the City Council determines that the projects are not required to pay Fish and Game Department filing fees. SECTION 2: ZONING AMENDMENT. 1.. CA 2003 -006: Area 7. The City Council finds as follows with regard to CA 2003 -006, pertaining to Area 7: a. The proposed amendment to the Zoning Code text and the Districting Maps provides for permitted land use and development standards consistent with existing land uses and development in the area, which is almost completely developed. The amendment will thus provide for preservation of the area's character and living environment for residents and property owners, while avoiding the creation of nonconforming land uses and structures. b. The revised City Santa Ana Heights Specific Plan, a component of the zoning amendment, closely follows the provisions of the current County Specific Plan for the West Santa Ana Heights area, thus providing for continuity in land use regulation and avoiding the creation of nonconforming uses and structures. c. The amendment is consistent with the General Plan. 2 d. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the City Council hereby approves CA 2003- 006, consisting of the following: (1) Amendments to Title 20 (Zoning Code) of the Municipal Code, adding the "RMD" and "CN" Districts and making other changes as set forth in Exhibit ZA -1 attached hereto. (2) Amendment to applicable zoning Districting Maps, adding Area 7 and zoning the land therein as shown on Exhibit ZA -2 attached hereto, with the specification that the County- approved development plan for the area designated as "RMD -PRD" on the Exhibit shall be an integral part of the zoning for said area. (3) Amendment to Chapter 20.44 of the Zoning Code, the "Santa Ana Heights Specific Plan" (Specific Plan District #7). The amended Santa Ana Heights Specific Plan, distributed separately due to bulk, is hereby designated by reference as Exhibit ZA -3 of this Resolution as if fully set forth herein. 2. CA 2003 -007: Emerson Area. The City Council finds as follows with regard to CA 2003 -007, pertaining to the Emerson Area: a. The proposed amendment to the Zoning Code text and the Districting Maps provides for permitted land use and development standards consistent with existing land uses and development in the area, which is almost completely developed. The amendment will thus provide for preservation of the area's character and living environment for residents and property owners, while avoiding the creation of nonconforming land uses and structures. b. The amendment is consistent with the General Plan. c. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the City Council hereby approves CA 2003- 007, consisting of the following: 3 Amendment to the applicable zoning Districting Map, adding the Emerson Area and zoning the land therein as shown on Exhibit ZA -4 attached hereto. 3. The City Council hereby stipulates that the approval of the amendments set forth in this Resolution shall become effective only if the annexations described hereinabove are approved by the Orange County Local Agency Formation Commission. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on January 13, 2004 and adopted on January 27, 2004 by the following vote, to wit: ATTEST: 111.x_ CITY CLERK AYES, COUNCIL MEMBERS Heffernan, RosanskyY Adams, Bromberg, Webb, Nichols NOES, COUNCIL MEMBERS 73nne ABSENT COUNCIL MEMBERS None ABSTAIN COUNCIL MEMBERS Mayor Ridgeway I MAYOR EXHIBIT ZA -1: AMENDMENTS TO ZONING CODE TEXT RELATING TO AREA 7 Page 20.00 -1 General Provisions CHAPTER 20.00 GENERAL PROVISIONS Sections: 20.00.010 Title 20.00.015 Purpose 20.00.020 Establishment of Districts 20.00.025 Compliance Required 20.00.030 Effect and Intent 20.00.035 Permits or Licenses 20.00.040 Base Districts Designated 20.00.045 Overlay Districts Designated 20.00.050 Map Adopted by Reference 20.00.055 District Symbols 20.00.060 Illustrations 20.00.065 Rules for Interpretation 20.00.010 Title This title shall be known as the "City of Newport Beach Zoning Code" and referred to as the "Zoning Code." 20.00.015 Purpose This code is intended to promote the growth of the City ofNewport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic vitality of all districts within the City, and to assure the orderly and beneficial development of such areas. 20.00.020 Establishment of Districts The Zoning Code establishes zoning districts and regulations for the use of land and development of property for all the territory within the boundaries of the City. 20.00.025 Compliance Required No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this code and all other ordinances, laws and maps referred to therein. 0127104 Pale 20.00 -2 General Provisions 20.00.030 Effect and Intent When interpreting and applying the provisions of this code, it shall be held to representthe minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by the adoption of this code to repeal or in any way to impair or interfere with any existing provision of law of the City ofNewport Beach, or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any legal building or improvement; nor is it intended by this code to interfere with or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this code imposes greater restrictions than are imposed or required by other easements, covenants or agreements, than in such cases the provisions of this code shall control. 20.00.035 Permits and Licenses Permits and Licenses Not Affected. Nothing herein contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license or both to cover any business, trade or occupation. Permit, License, Plan Check and Inspection Fees. The fee for each permit, license, plan check and inspection shall be established by resolution of the City Council. 20.00.040 Base Districts Designated A. The base zoning districts established are as follows: Residential- Agricultural (R -A) District Single - Family Residential (R -1) District Restricted Two Family Residential (R -1.5) District Two Family Residential (R -2) District Medium Density Residential (MDR) District Multi- Family Residential (MFR) District Retail Service Commercial (RSC) District Neighborhood Commercial (CN) District Administrative, Professional, & Financial Commercial (APF) District Recreational & Marine Commercial (RMC) District Manufacturing District (M -1) District Controlled Manufacturing (M -1 -A) District Industrial Business Park (IBP) District Government, Educational, and Institutional Facilities (GELF) District Open Space (OS) District Specific Plan (SP).District Planned Community (PC) District 0127/04 Paae 20.00 -3 General Provisions B. References to Classes of Base Districts. References to R districts refer to all residential districts; references to C districts refer to all commercial districts; and references to I districts refer to all industrial districts. References to residential, commercial and industrial districts also refer to the corresponding portions of mixed use districts, unless otherwise noted. 20.00.045 Overlay Districts Designated In addition to the base districts established above, the following overlay districts are established which, when combined with the above base districts, establish additional special regulations: Specific Plan (SP) Overlay District B Overlay District Mobile Home Park (MHP) Overlay District Residential (R) Overlay District Site Plan Review (SPR) Overlay District Planned Residential Development (PRD) Overlay District IS (IS) Overlay District Parking Management (PM) Overlay District 20.00.050 Map Adopted by Reference The designations, locations and boundaries of the zoning districts established by this code shall be shown upon the maps entitled 'Districting Map for the City of Newport Beach, California" Any additional maps subsequently adopted and all notations and information thereon are hereby made a part of this code by reference. 20.00.055 District Symbols In addition to the district designations established under Sections 20.00.040 and 20.00.045, the following symbols are established for the purpose of designating floor area limitations and residential densities. When these symbols are placed on the Districting Maps, the floor area and dwelling unit limitations as illustrated shall apply. The symbols and limitations shall be shown in the following manner: A. A number following the district symbol and enclosed by brackets shall designate the maximum floor area ratio permitted in relation to the buildable area of the site or the total number of square feet permitted for the area designated. Where the number of square feet, rather than floor area ratio is specified, the number of square feet shall be followed by the letters sf. Examples: "RSC [0.5]" shall indicate that a fixed floor area ratio of 0.5 is 01/27/04 Page 20.00 -4 General Provisions permitted, as provided under Section 20.63.040 (A). "RSC [0.5/.75]" shall indicate that a floor area ratio of 0.5 is permitted for Base FAR uses with a maximum floor area ratio of 0.75 permitted for Maximum FAR Uses, as provided under Section 20.63.040 (B). "RSC [5,200 sf]" shall indicate that a total of 5,200 square feet of development is permitted in the area specified. B. A number following the district symbol and enclosed by parentheses shall designate the minimum number of square feet of land area required for each dwelling unit or the total number of dwelling units permitted for the area designated. Where the number of dwelling units, rather than square feet of land area per unit, is specified, the number of units shall be followed by the letters du. Examples: "MFR (2178)" shall indicate that one dwelling unit is permitted for each 2,178 square feet of land area included in density calculations per Section 20.60.045; "MFR (28 du)" shall indicate that a total of 28 dwelling units are permitted in the area specified. C. Notwithstanding dwelling unit limitations defined on the Districting Maps enabled above, dwelling unit limits for senior citizen housing facilities (where residency.is limited to elderly persons) shall be as specified at the time a use permit is granted for a senior citizen housing facility. 20.00.060 Illustrations A. Authori . The Planning Commission, in accordance with City Council policy, may authorize the Planning Director to provide diagrams or images to assist in conveying the information contained in this code. B. Procedure. The Planning Commission shall approve the addition, modification or deletion of any diagram or image published in conjunction with the Zoning Code. C. Conflicts. In case of conflict between the Zoning Code text and any diagram or image published in conjunction with the Zoning Code, the text shall control. 20.00.065 Rules for Interpretation A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this code or its application to a specific site, the Planning Director shall 01/27/04 Page 20.00 -5 General Provisions determine the intent of the provision. B. Districting Man. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply: 1. District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line. 2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the districting map, unless the boundary location is indicated by dimensions printed on the map or established by reference. District boundaries shown as approximately following right -of -way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right -of -way or boundary lines. 4. District boundaries shown as lying with right -of -way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right -of -way or boundary lines. 5. District boundaries shown as approximately following the shoreline of the Pacific Ocean shall be construed to follow the mean high tide line. District boundaries shown as approximately following the waterfront of Newport Bay shall be construed to follow the bulkhead line. 7. Should any uncertainty remain as to the location of a district boundary or other feature shown on the districting map, the location shall be determined by the Planning Director. C. Appeals. An interpretation of the zoning regulations or districting map by the Planning Director may be appealed to the Planning Commission, as provided in Chapter 20.95. 0127/04 CHAPTER 20.10 RESIDENTIAL, DISTRICTS Sections: Pale 20.10 -1 Residential Districts 20.10.010 Specific Purposes 20.10.020 Residential Districts: Land Use Regulations 20.10.030 Residential Districts: Property Development Regulations 20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula 20.10.010 Specific Purposes Residential district regulations are intended to: A. Locate residential development in areas which are consistent with the General Plan and with standards of public health and safety established by the Municipal Code. B. Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects. C. Promote development of quality housing affordable by low- and moderate- income households by providing a density bonus for projects in which a portion of the units are affordable for such households. D. Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazards. E. Protect adjoining single - family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multi - family development. F. Achieve design compatibility with surrounding neighborhoods. G. Provide sites for public and semipublic land uses which complement residential development or which require a residential environment. H. Provide public services and facilities to accommodate planned population densities. 0127/04 Page 20.10 -2 Residential Districts Specific residential districts are as follows: Residential- A¢ricultural (—R� District. Provides areas for single family residential and light farming land uses. Single - Family Residential (R -1) District. Provides areas for single family residential land uses. Restricted Two Family Residential (R -1.5) District. Provides areas for single family and two family residential land uses with the total gross floor area of all buildings limited to a maximum floor area ratio of 1.5 times the buildable area. Two Family Residential (R -2) District. Provide areas for single family and two family residential land uses. Medium Density Residential (RMD) District. Provides for medium density residential development up to approximately 22 dwelling units per gross acre, including single - family (attached and detached), two - family, and multi - family. Multifamily Residential (MFR) District. Provides for medium -to -high density residential development up to approximately 36 dwelling units per gross acre, including single - family, (attached and detached), two - family, and multi - family. 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. oimroa Page 20.10 -3 Residential Districts Residential Districts: Laud Use Regulations P = Permitted UP = Use permit PD/U =Use permit issued by the Planning Director L = Limited (see Additional Use Rewlationsl — = Not Permitted PUBLICAND SEMI - PUBLIC CEMETERIES CLUBS AND LODGES CONVALESCENT FACILITIES DAY CARE, GENERAL GOVERNMENT OFFICES HOSPITALS PARK & RECREATION FACILITIES PUBLIC SAFETY FACILITIES RELIGIOUS ASSEMBLY RESIDENTIAL CARE, GENERAL SCHOOLS,PUBLIC ANDPRIVATE UTILITIES, MAJOR UTILITIES, MINOR COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -BED & BREAKFAST INNS -SRO RESIDENTIAL HOTELS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY (A), (B), (C) - -- R -A R -1 R -1.5 R -2 RMD MFR Additional L -2 L -2 L -2 L -2 - -- UP UP Regulations RESIDENTIAL UP — UP UP UP UP (A), (B), (C) DAY CARE, LIMITED P P P P P P UP GROUP RESIDENTIAL P - -- - -- - -- - -- — UP RESIDENTIAL CARE, LIMITED P P P P P P UP SINGLE FAMILY RESIDENTIAL P P P P P P (D), (E), (M) MULTI - FAMILY RESIDENTIAL — UP UP UP P P (D) TWO - FAMILY RESIDENTIAL — — P P P P (D) PUBLICAND SEMI - PUBLIC CEMETERIES CLUBS AND LODGES CONVALESCENT FACILITIES DAY CARE, GENERAL GOVERNMENT OFFICES HOSPITALS PARK & RECREATION FACILITIES PUBLIC SAFETY FACILITIES RELIGIOUS ASSEMBLY RESIDENTIAL CARE, GENERAL SCHOOLS,PUBLIC ANDPRIVATE UTILITIES, MAJOR UTILITIES, MINOR COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -BED & BREAKFAST INNS -SRO RESIDENTIAL HOTELS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY (A), (B), (C) - -- L -I L -I L -1 L -I L -1 - -- L -2 L -2 L -2 L -2 L -2 - -- UP UP UP UP UP — UP UP UP UP UP - -- UP UP UP UP UP -- UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP. UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP P P P P P P (A),(13),(C) P— - -- - -- - -- PD/U - -- - -- - -- - -- - -- - -- L -3 L -3 L -3 L -3 L -3 - -- - -- - -- UP UP (F) - -- - -- - -- - -- - -- UP (A), (B), (C) PD/U - -- --- — — (G) 0127/04 Residential Districts: Land Use Regulations P = Permitted UP = Use pemnit PD/U = Use pernit issued by the Planning Director L = Limited (see Additional Use Reeulationsl — = Not Permitted CROP PRODUCTION MINING AND PROCESSING ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES CIRCUSES AND CARNIVALS COMMERCIAL FILMING, LIMITED PERSONAL PROPERTY SALES HELIPORTS, TEMPORARY REAL ESTATE OFFICES, TEMPORARY Page 20.10 -4 Residential Districts R -A R -1 R -1.5 R -2 RMD MFR Additional P- -- --- - -- L-4 L -4 L -4 L -4 L-4 L4 (H) (A), (B), (C) P/UP P/UP P/UP P/UP P/UP P/UP (1) P P P P P P P P P P P P P P P L-5 — — L-5 L -5 L -5 L -5 L -5 Residential Districts: Additional Land Use Regulations (A), (B), (C) P (K) P (K) P (L) L -5 (J) L -5 (B) 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. 010104 Page 20.10 -5 Residential Districts (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: 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 20.60.110: Bed and Breakfast Inns. (G) Keeping of Animals in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: 1. 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. 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. 01¢7/04 Page 20.10 -6 Residential Districts 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. (H) See Chapter 20.81: Oil Wells. m 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. 20.10.030 Residential Districts: Property Development Regulations The following schedule prescribes development regulations for residential districts. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Residential Districts: Property Development Regulations Minimum Site Area per Unit (sq.ft.) Minimum Lot Area (sq. ft.) -Comer Lots (sq. ft.) Minimum Lot Width (ft.) -Comer Lots (ft.) R -A R -1 R -1.5 R -2 RMD MFR Additional Regulations - -- - -- 1,000 1,000 3,000 1,200 (A), (B) 87,120 5,000 5,000 5,000 5,000 5,000 (A) 87,120 6,000 5,000 6,000 6,000 6,000 (A) 125 50 50 -- 50 (A) 125 60 - -- 60 - -- 60 (A) 01/27104 Residential Districts: Property Development Regulations Minimum Yards: Front (ft.) Side (ft.) Comer Side (ft.) Rear (ft.) - Abutting an alley (ft.) Distance Between Detached Buildings Maximum Height (ft.) Maximum Floor Area Limit Maximum Coverage Required Open Space Off -Street Parking and Loading Page 20.10 -7 Residential Districts R -A R -1 R -1.5 R -2 RMD MFR Additional Regulations 20 20 20 20 20 5 3;4 3;4 3;4 5 5 3;4 3;4 3;4 5 5;25 10 10 10 25 - -- 2.00 1.50 100 - -- 40% Residential Districts: Additional Property Development Regulations (A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (B) See Section 20.60.045: Slopes and Submerged Lands. (C) See Section 20.60.030: Extensions Into Yards. 20 (C), (D), (E), (F), (H), (K) 3;4 (C), (D), (E), (G), (H) 3;4 (C), (D), (E), (G), (H) 10 (C), (D), (E), (E), (Q) m m (K), (1-) 1.75 (K), (M) (K),(0) (P) (D) See Section 20.60.020: Accessory Structures and Mechanical Equipment. (E) For All Property Development Regulations: In addition to the lot area, width, and other requirements set forth preceding, subdivisions shall comply with the provisions of Title 19 (Subdivision Code), as amended. (F) R -1, R -1.5, R -2, and MFR Districts. The minimum depth required for front yards shall be 20 feet, except as may be otherwise indicated on the Districting Maps. Distances shown onthe Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. 01/27/04 Pale 20.10 -8 Residential Districts (G) R -1. R -1.5, and R -2, Districts. Each side yard shall be not less than 3 feet wide on development sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. MFR District. Each side yard shall not be less than 3 feet wide on sites 40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet; and shall be equal in width to 8 percent of the average lot width for lots 50 feet or greater in width; provided that in no event shall a side yard wider than 25 feet be required; and provided further that the side yard on the rear 20 feet of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. i Comer Side Y Reversed Corner V/ Interior Lot CD Street Setback Lin ('X" F X T 0 m C CD 1 r o ° r 0 Diagram 20.10.030 (G): Setbacks on Reversed Frontages (I3) R -A District. All structures housing animals (i.e., corrals, stalls, pens, cages, doghouses) shall maintain the following setbacks: From Public Rights -of -Way Front 50 Side 20 Rear 20 From Another R -A District Property From Properties in Other Zoning Districts 25 25 In addition to the setbacks established above, all structures housing animals shall be located a minimum of 35 feet from any building used as a dwelling on adjacent properties. All animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, show grounds) may be located at the property line, however, shall maintain a 25 foot setback from 01/27/04 Page 20.10 -9 Residential Districts the front property line abutting a public right -of -way and a 10 foot setback from any side propert y line abutting a public right -of -way. (I) In residential districts having alleys to the rear of lots or development sites shall maintain the following setbacks from rear property line, clear of all obstructions, except as provided in Section 20.60.030 (A -6) and Section 20.60.030 (1): Allev Width Setback 15' or less 5' 15' -1" to 19' -11" 3' -9" 20' or more 0' Roll -up garage doors shall be required when garage door openings are located closer than 22 feet to alleys with widths of 20 feet or more. (J) R -1.5, R -2, RMD, and MFR Districts. 10 feet shall be maintained between buildings. This requirement shall not apply to buildings attached by a solid roof structure, a minimum of 4 feet wide. (K) R -1, R -2, and MFR Districts in Corona del Mar and R -1 District in West Newport, and the Balboa Peninsula. See Section 20.10.040: Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula. (L) See Chapter 20.65: Height Limits. (M) R -1, R -1.5, and R -2 Districts. The total gross floor area in all buildings and structures on a development site shall not exceed the following: R -1 District: 2 times the buildable area of the site. R -1.5 District: 1.5 times the buildable area of the site. R -2 District: 2 times the buildable area of the site. Exceptions. The following structures shall not be included in the calculation of the gross floor area: Covered parking spaces which are open on at least 2 sides, or open on one side and one end and which are not needed to meet off - street parking requirements for covered parking. 2. R -1.5 District. 200 square feet of floor area used for enclosed parking for two or more parking spaces. 01127104 Page 20.10 -10 Residential Districts 25 square feet of storage area adjacent to or a part of a parking space on a lot less than 32 feet wide; provided that no plumbing is located in said area, and provided that 3 parking spaces are provided side by side across one end ofthe lot. 4. Decks, balconies or patios open on at least 2 sides or open on one side and uncovered. MFR District. The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. Area considered to be a second Floor and the floor area will be calculated towards the maximum floor area limit. Living Room Kitchen Garage (Habitable) (Habitable) (Non - Habitable) (N) R -1, R -1.5, R -2, and MFR Districts. The maximum development site area permitted shall be full coverage, less required front, side and rear yards. (0) R -2 District. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required setback lines. This open space 01¢7/04 Page 20.10 -11 Residential Districts shall be open on at least 2 sides and shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. MFR District. An open space volume equal to 6 times the buildable area of the lot shall be provided in addition to any required setbacks. This open space shall be open on at least 2 sides, one of which may be the sky. Roofs, balconies, decks, patios, cornices, exterior stairways, and architectural features may project into this area. At least 50 percent of the required open space shall be open to the sky and open on at least 2 additional sides, except for eaves and architectural features which may project into areas otherwise open to the sky. Required open space shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and maybe used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. A minimum of 25 percent of the required open space shall be contiguous to the required front yard setback, and a minimum of 25 percent of the required open space shall be contiguous to the required rear yard setback. (P) See Chapter 20.66: Off - Street Parking and Loading. (Q) R -1, R -1.5, R -2, and MFR Districts. The minimum depth required for rear yards abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels of West Newport.shall be 10 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the rear property line, unless a different line is shown on the Districting Map. 20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula A. Applicability. The residential development standards contained in this section shall apply to all dwellings located in the R -1 and R -2 Districts in Corona del Mar, and in the R -1 District in West Newport and the Balboa Peninsula as those areas are more particularly described below. Dwellings in those areas shall also be subject to all other provisions of this code. Where there is a conflict between this chapter and another provision of this code, the provisions of this chapter shall be controlling. 01m 104 Page 20.10 -12 Residential Districts The areas of Corona del Mar in which the provisions of this chapter shall be controlling are more particularly described as follows: That area commonly referred to as old Corona del Mar generally bounded by Avocado Avenue, Pacific Coast Highway, Fifth Avenue, the easterly boundary of the Corona del Mar tract, the Pacific Ocean and the Harbor entrance; and more specifically described as that area included in Annexation #3 as described in Ordinance No. 252 of the City of Newport Beach, approved on February 27, 1924. The areas of West Newport and the Balboa Peninsula in which the provisions of this chapter shall be controlling are more particularly described as follows: That area commonly referred to as West Newport and the Balboa Peninsula generally bounded by the Semeniuk Slough, Pacific Coast Highway, the West Lido Channel, the Newport Channel, the Main Channel, the Harbor Entrance, the Pacific Ocean and the Santa Ana River, and more specifically described as follows: Beginning at the intersection of the westerly boundary ofthe City ofNewport Beach and the Mean High Tide Line of the Pacific Ocean; thence proceeding northerly along said City Boundary to the intersection of said Boundary with the northerly right -of -way line of Pacific Coast Highway; thence due East a distance of 1" footto an intersection with the City Boundary on the easterly side of that certain I foot strip shown on Annex No. 21, Ordinance No. 630, 10/3111950; thence proceeding easterly, northerly, easterly and southerly along said City Boundary to an intersection with the northerly right -of -way line of Pacific Coast Highway; thence proceeding southerly along a perpendicular to said right -of -way line to the center -line of Pacific Coast Highway; thence easterly along said centerline to an intersection with the centerline ofNewport Boulevard; thence southerly along said centerline of Newport Boulevard to an intersection with the southerly Bulkhead of the Newport Island Channel, said point being westerly of U.S. Bulkhead Station #126 on the U.S. Bulkhead Line; thence easterly to said U.S. Bulkhead Station #126; thence continuing along the U.S. Bulkhead Line to U.S. Bulkhead Station 4114; thence northeasterly in a straight line to U.S. Bulkhead Station #162; thence southerly in a straight line to U.S. Bulkhead Station 4113, and thence proceeding along the U.S. Bulkhead to U.S. Bulkhead Station #107; thence continuing southerly along the prolongation ofthe U.S. Bulkhead Line to an intersection with the Mean High Tide Line; thence westerly and northwesterly along said Mean High Tide Line to the point of Beginning. B. Floor Area Limit In the R -1, R -2, and MFR Districts in the area designated as Old Corona del Mar, the total gross floor area (excluding those structures excepted under Section 20.10.030) shall not exceed 1.5 times the buildable area of the site. 2. Calculation. The gross floor area shall consist ofthe total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation 01/27/04 Page 20.10 -13 Residential Districts shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. 3. Pacific Drive - Buildable Area. For purposes of determining the buildable area for structures located on the bluff (southerly) side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue, a front yard setback of 10 feet shall be used (the setback for the location of all structures as designated on the Districting Maps shall be used). C. Open Space Option. In the R -1 and R -2 Districts as designated in this section, open space shall be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required yard setback lines. This open space shall be open on at least 2 sides and shall have a minimum dimension in any direction of at least 6 feet, except as indicated in this section, and maybe used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in any direction. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. D. Pacific Drive — Front Yard Setback. Front - loaded garages and carports on the bluff southerly side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue shall maintain a minimum front yard setback of 19 feet from the front property line. 0127104 CHAPTER 20.15 COMMERCIAL DISTRICTS Sections: Pale 20.15-1 Commercial Districts 20.15.010 Specific Purposes 20.15.020 Commercial Districts: Land Use Regulations 20.15.030 Commercial Districts: Property Development Regulations 20.15.040 Review of Plans 20.15.010 Specific Purposes The commercial districts regulations are intended to: A. Locate commercial development in areas which are consistent with the General Plan and provide office, retail commercial, and service commercial uses needed by residents of, and visitors to, the City and region. B. Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities. C. Create suitable environments for commercial uses consistent with the General Plan and protect them from the adverse effects of inharmonious uses. D. Minimize the impact of commercial development on adjacent residential districts. E. Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located. F. Ensure the provision of adequate off - street parking and loading facilities. G. Provide sites for public and semipublic uses needed to complement commercial development or compatible with a commercial environment. Specific commercial districts are as follows: Retail and Service Commercial (RSC) District. Provides areas which are predominantly retail in character but which allow some service office uses. Neighborhood Commercial (CN) District. Provides areas for retail and service uses to serve the needs of the surrounding neighborhood and local area. 01/27/04 Page 20.15 -2 Commercial Districts Recreational and Marine Commercial (RMC) District. Preserves and encourages uses with a marine commercial and visitor serving orientation in waterfront areas. Administrative, Professional, and Financial (APF) District. Provides areas which are predominantly offices, but which also accommodate support retail and service uses. 20.15.020 Commercial Districts: Land Use Regulations The following schedule establishes the land uses defined.in Chapter 20.05 as permitted or conditionally permitted in commercial districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in commercial 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. Commercial 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 01/27/04 RSC CN APF RMC Additional Regulations RESIDENTIAL (A), (B), (C), (D) DAY CARE, LIMITED P P P P PUBLICAND SEMI - PUBLIC (A), (B), (C), (D) CLUBS AND LODGES UP UP UP UP (P) -YACHT CLUB UP -- UP UP (E), (F), (P) CONVALESCENT FACILITIES — - -- PD/U -- CULTURAL INSTITUTIONS UP UP UP UP (P) DAY CARE, GENERAL; P P 1.11 L-3 EMERGENCY HEALTH CARE - -- - -- P - -- GOVERNMENT OFFICES P P P - -- HELIPORTS UP - -- UP UP (G) MARINAS P - -- P P (E), (F) PARK AND RECREATION FACILITIES P P P P PUBLIC SAFETY FACILITIES UP UP UP UP 01/27/04 Commercial Districts: Land Use Regulations P = Permitted UP = Use permit PD/U =Use permit issued by the Planning Director L = Limited (see Additional Use Reeulations) -- = Not Permitted Pale 20.15 -3 Commercial Districts RSC CN APF RMC RELIGIOUS ASSEMBLY L -I I L -1 l L -I I - -- RESIDENTIAL CARE, GENERAL UP - -- UP - -- SCHOOLS, PUBLIC AND PRIVATE - -- - -- UP - -- UTILITIES, MAJOR UP - -- UP UP UTILITIES, MINOR P P P P COMMERCIAL USES ADULT- ORIENTED BUSINESSES AMBULANCE SERVICES ANIMAL SALES AND SERVICES - ANIMAL GROOMING - ANIMAL HOSPITALS -ANIMAL RETAIL SALES ARTISTS' STUDIOS BANKS /SAVINGS AND LOANS -WITH DRIVE- THROUGH/DRIVE UP SERVICE BUILDING MATERIALS AND SERVICES CATERING SERVICES COMMERCIAL FILMING COMMERCIAL RECREATION AND ENTERTAINMENT COMMUNICATION FACILITIES EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER -FULL SERVICE, LOW TURNOVER -FULL SERVICE, SMALL SCALE -TAKE -OUT SERVICE -TAKE -OUT SERVICE, LIMITED - ACCESSORY -BARS AND COCKTAIL LOUNGES FOOD AND BEVERAGE SALES - CONVENIENCE MARKETS FUNERAL AND INTERNMENT SERVICES LABORATORIES MAINTENANCE AND REPAIR SERVICES MARINE SALES AND SERVICES -BOAT CHARTER, RENTAL, AND SALES P- -- - -- P L-4 — — Additional Regulations (A), (B), (C), (D) (H), (1) PD/U PD/U PD/U - -- UP UP UP -- PD/U PD/U -- P P P P (1) P P P L -3 UP UP UP L -3 P--- --- - -- P P P P UP UP UP UP (1) UP UP UP UP (1), (P) P P P L -3 UP PD/U UP UP (1), (J), (P) UP PD/U UP UP (1), (J), (P) PD/U PD/U PD/U PD/U (1), (J), (P) UP PD/U UP UP (1), (J), (P) PD/U PD/U PD/U PD/U (1), (J), (P) P P P P (1), (J), (P) UP UP UP UP (1), (J), (P) P P -- — (P) P P L -I P (P) UP - -- UP L -3 P — P L -3 P P P L -3 (D) UP - -- --- UP (D), (E), (F) 01/27104 Commercial 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 - BOATSTORAGE -BOAT YARDS - MARINE SERVICE STATION - RETAIL MARINE SALES NURSERIES OFFICES, BUSINESS AND PROFESSIONAL PAWN SHOPS PERSONAL IMPROVEMENT SERVICES - HEALTH/FITNESS CLUBS PERSONAL SERVICES -DRY CLEANERS -DRY CLEANERS (COLLECTION ONLY) - FORTUNE TELLING - MASSAGE ESTABLISHMENTS -SELF SERVICE LAUNDRIES POSTAL SERVICES PRINTING AND DUPLICATING SERVICES RESEARCH AND DEVELOPMENT SERVICES RETAIL SALES - LIMITED - PHARMACIES AND MEDICAL SUPPLIES SECOND HAND APPLIANCES /CLOTHING SWAP MEETS, RECURRING TRAVEL SERVICES VEHICLE/EQUIPMENT SALES AND SERVICES - AUTOMOBILE WASHING - COMMERCIAL PARKING FACILITY - SERVICE STATIONS - VEHICLE/EQUIPMENT REPAIR - VEHICLE/EQUIP RENTALS (OFFICE ONLY) - VEHICLE/EQUIPMENT RENTALS - VEHICLE/EQUIPMENT SALES - LIMITED - VEHICLE STORAGE Page 20.15 -4 Commercial Districts RSC CN APF RMC Additional Regulations P (D), (E), (F) - -- - -- – L -6 (D), (E), (F) PD/U - -- - -- PD/U (E), (F) P - -- L -I P (E), (F) P- -- --- - -- P P P L -3 P - -- - -- - -- (I) PD/U PD/U PD/U PD/U (I) PD/U PD/U PD/U PD/U P P L -1 L -3 P P L -1 L -3 P P L -1 L -3 P P P L -3 L -7 L-7 L -7 L -8 P P - -- L -3' P P P L -3 P P P L -3 P P P P P P L -I L -9 P P L -1 L -9 P P L -1 L -3 L-5 L -5 L -5 L -5 (n UP - -- - -- - -- (1) P P P L -3 UP - -- L -12 L -12 PD/U - -- PD/U PD/U UP - -- UP UP (K), (P) UP L -12 - -- P - -- P L -2 UP — L -12 L -3 UP - -- L -12 PD/U – L -12 - -- L -12 – L -12 - -- 0127104 Pale 20.15 -5 Commercial Districts Commercial Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Reeulationsl -- = Not Permitted 113FAI E RSC CN APF RMC Additional Regulations VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U - -- PD/U PD/U - HOTELS, MOTELS AND TIME - SHARES UP - -- UP UP (0) -RV PARKS UP - -- - -- UP -SRO RESIDENTIAL HOTELS UP - -- UP - -- WAREHOUSING AND STORAGE, LIMITED -- - -- UP - -- (L) WAREHOUSING AND STORAGE, SELF - -- - -- UP (L) SERVICE INDUSTRIAL (A), (B), (C), (D) INDUSTRY, CUSTOM - LIMITED UP - -- — INDUSTRY, LIMITED - SMALL-SCALE UP - -- - -- - -- INDUSTRY, MARINE- RELATED - -- - -- — UP (E) STORAGE AND DISTRIBUTION - -- - -- PD/U - -- (L) AGRICULTURAL AND EXTRACTIVE USES (A), (B), (C) MINING AND PROCESSING L -10 - -- L -10 L -10 M ACCESSORY USES (A), (B), (C) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP P/UP TEMPORARY USES (A), (B), (C) ANIMAL SHOWS P — P P (N) CHRISTMAS TREE/PUMPKIN SALES L -5 L -5 L -5 L -5 (B) CIRCUSES AND CARNIVALS P - -- P P (N) COMMERCIAL FILMING, LIMITED P P P P (N) FAIRS AND FESTIVALS P P P P (N) HELIPORTS, TEMPORARY L -5 - -- L -5 L -5 (G) OUTDOOR STORAGE & DISPLAY, P P - -- P (D) TEMPORARY REAL ESTATE OFFICES, TEMPORARY L -5 L -5 L -5 L -5 (B) RECREATION AND ENTERTAINMENT P P P P (I) EVENTS TRADE FAIRS P P P P (N) 113FAI E Page 20.15-6 Commercial Districts Commercial Districts: Additional Land Use Regulations L -1 Permitted as an accessory use and may be permitted as an ancillary use on a property separate from the principal use upon the finding by the Planning Director that the use remains subordinate to and serve the principal use pursuant to the definition contained in Chapter 20.03. L -2 Permitted when in conjunction with an incentive use under the provisions Section 20.60.080: Marine Incentive Uses. L -3 Permitted with a use permit when in conjunction with an incentive use under the provisions of this Section 20.60.080: Marine Incentive Uses. L-4 Use permit required if located within 1,000 feet of a R district or the boundaries of a site occupied by a public or private school or park and recreation facility. Conditions may be imposed in approving such a permit to limit vehicle speeds and sirens. L -5 Subject to the approval of the Planning Director. L -6 Boat haul -out, boat repair, and dry boat storage permitted; boat building permitted with a use permit. L -7 See Chapter 20.87: Massage Establishments. L -8 See Chapter 20.87: Massage Establishments; permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L -9 Hardware stores, shoe stores, specialty shops, and general retail sales permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L -10 Limited to the removal of earthen material. No permit shall be required for normal grading or landscaping on lots of record. L -11 Limited to facilities occupying less than 5,000 square feet; use permit required. L -12 Permitted as an ancillary use with a use permit. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. [orrbIDEI Pale 20.15 -7 Commercial Districts (C) See Section 20.60.050: Outdoor Lighting. (D) See Section 20.60.105: Outdoor Storage & Display (E) See Section 20.60.080: Marine Incentive Uses. (F) See Section 20.60.070: Waterfront Development Regulations. (G) See Section 20.60.055: Heliports and Helistops (H) See Chapter 20.88: Adult- Oriented Businesses. (1) See Section 20.60.085: Uses Requiring City Manager Approval. (J) See Chapter 20.82: Eating and Drinking Establishments. (K) See Chapter 20.80: Automobile Service Stations. (L) Limited to areas specifically permitted by the General Plan. (M) See Chapter 20.81: Oil Wells. (l) Special event permit required, see Chapter 5.10 of the Municipal Code. (0) See Chapter 20.84: Time Share Developments. (P) See Chapter 20.89: Alcoholic Beverage Outlets. 20.15.030 Commercial Districts: Properly Development Regulations The following schedule prescribes development regulations for commercial districts. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Commercial Districts: Property Development Regulations RSC CN APF RMC Additional Regulations (A), (0 Minimum Lot Area (s q. ft. ) 2,000 10,000 2,000 2,000 ), C -Comer Lots (s q. ft.) Minimum Lot Width (ft.) 25 25 25 (B) Comer Lots (ft.) 0127104 Page 20.15 -8 Commercial Districts Commercial Districts: Property Development Regulations RSC CN APF RMC Additional Regulations Minimum Yards: Front (ft.) 20 15 -- C D (E) Side (ft. ) - -- -- — (C), (D), (F) - Abutting an R District (ft.) 5 20 5 5 I(C), (D), (F Rear (ft.) -- - -- --- -- I(C), (D) --Abutting an R District (ft.) 5 20 5 5 C, -Abutting an alley (ft. ) 10 20 10 10 I(C), (D Bulkhead Setback 10 - -- 10 10 Maximum Height (ft. Maximum Floor Area Limit (G Off - Street Parking and Loading (H) Commercial Districts: Additional Property Development Regulations (A) See Section 20.60.060: Plans and Drawings for Commercial and Industrial Districts. (B) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (C) See Section 20.60.065: Residential Uses in Commercial and Industrial Districts. (D) See Section 20.60.030: Extensions Into Yards. (E) APF District. A 15 foot front yard setback shall be maintained on all property located in the APF District, except where otherwise specified on the Districting Maps. (F) See Chapter 20.65: Height Limits. (G) See Chapter 20.63: Floor Area Ratios and Building Bulk. (H) See Chapter 20.66: Off - Street Parking and Loading. (I) For All Property Development Regulations: In addition to the lot area, width, and other requirements set forth preceding, subdivisions shall comply with the provisions of Title 19 (Subdivision Code), as amended. 01/27/04 Page 20.15 -9 Commercial Districts (J) In the CN District, for side and rear yards abutting a street the setback shall be 20 feet from the ultimate right -of -way line. 20.15.040 Review of Plans See Section 20.60.060: Plans and Drawings for Commercial and Industrial Districts. 01/27/04 Page 20.65 -1 Height Limits CHAPTER 20.65 HEIGHT LIMITS Sections: 20.65.010 Purpose 20.65.020 Effect of Chapter 20.65.030 Measurement of Height 20.65.040 Height Limitation Zones 20.65.050 Planned Community Districts 20.65.055 Required Findings to Exceed Height Limits 20.65.060 Existing Structures and Permits 20.65.070 Exceptions to Height Limits 20.65.080 Airport Height Limits 20.65.010 Purpose A. This chapter establishes regulations on the height of buildings throughout the Cityin order to ensure that the unique character and scale of Newport Beach is preserved. B. This chapter creates 5 height limitation zones which govern building height but allow design flexibility with City review. C. These regulations shall be reviewed and revised as necessary. 20.65.020 Effect of Chapter All sections of this code shall be subject to the provisions of this chapter. 20.65.030 Measurement of Height A. Height of Structure. The height of a structure shall be the vertical distance between the highest point of the structure and the grade directly below. In determining the height of a sloped roof, the measurement shall be the vertical distance between the grade and the midpoint of the roof plane, as measured from the ridge of the roof to where the wall plate intersects the roof plane, provided that no part of the roof shall extend more than 5 feet above the permitted height in the height limitation zone. 01/27/04 Gmde Page 20.65 -2 Height Limits B. Grade. For the purpose of measuring height, the grade shall be the unaltered natural vertical location of the ground surface unless one of the following applies: 1. At the time of subdivision, the City has approved a grading plan or map, under which circumstances grade shall be finished grade as shown on the plan or map so approved. For sites that were developed without or prior to the requirement for a grading plan or map, the Planning Department shall exercise its best efforts to determine the location of grade for the purpose of measuring height. In so doing, the Planning Department shall use existing on -site elevations and contours, as well as the elevations and contours of adjoining and nearby properties to determine the natural profile of the site. In cases where retaining walls have been constructed or filled surfaces have been used for the purpose of measuring height prior to October 12, 1972, the finished grade established in conjunction with the filled condition shall be used for the measurement of height. Under no circumstances shall height be measured from excavated surfaces such as basements and wine cellars which have been used to artificially lower the ground surface. 2. Flood Hazard Areas. The height shall be measured from the finished floor of any portion of the principal building where habitable space is required to be elevated to the elevation established by the Flood Insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. 3. Establishment of Grade. In a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of this chapter is fulfilled. The establishment of grade by ota7roa Page 20.65 -3 Height Limits the Planning Commission shall require the approval of a site plan review which shall be obtained in accordance with Chapter 20.92. In order to establish grade, the Planning Commission shall make the following findings in addition to those required by Chapter 20.92: a. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. b. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. C. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. d. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. 20.65.040 Height Limitation Zones In addition to the development standards established in the various districts, there shall be 5 height limitation zones within the City. The designations, locations, and boundaries of these height limitation zones shall be as shown on the "Height Limitation Zones" map, incorporated herein and made apart hereof by this reference. In each height limitation zone the maximum permitted height shall be measured in accordance with the definitions contained in this chapter. A. 24/28 Foot Height Limitation Zone. In the 24/28 Foot Height Limitation Zone the height limit for any structure shall be 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 28 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all R -1, R -1.5, R -2, and OS Districts. B. 28/32 Foot Hei¢ht Limitation Zone. In the 28/32 Foot Height Limitation Zone the maximum height limit shall be 28 feet; provided, however, that structures may exceed 28 feet up to a maximum of 32 feet in an adopted planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all MFR and RMD Districts. 01127/04 Page 20.65 -4 Height Limits C. 26/35 Foot Height Limitation Zone. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, that a structure may exceed 26 feet up to a maximum of 35 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts, other than R -1, R -1.5, R -2, MFR and OS Districts, within the area known as the Shoreline Height Limitation Zone established by Ordinance 92 -3 and shown on the Height Limitation Zones map. D. 32/50 Foot Height Limitation Zone. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be 32 feet; provided, however, that a structure may exceed 32 feet up to a maximum of 50 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts, other than the R -1, R -1.5, R -2, MFR, RMD, and OS Districts, which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High -Rise Height Limitation Zone. E. High Rise Height Limitation Zone. In the High Rise Height Limitation Zone the height limit for any structure shall not exceed 375 feet. 20.65.050 Planned Community Districts In each planned community district established subsequent to the adoption this chapter, the height limits shall be established as part of the planned community development plan; provided, however, that in no event shall the development exceed the height limits permitted in the height limitation zones as set forth under Section 20.65.040 and as designated below: 24/28 FOOT HEIGHT LMTATION ZONE. Upper Newport Bay Planned Community as established by Ordinance No. 1537 adopted December 17,. 1973 (Amendment No. 409). 20.65.055 Required Findings to Exceed Height Limits The Planning Commission or City Council in approving any planned community district, any specific plan, or in granting any use permit for structures in excess of the basic height limit in any district shall find that each of the following four points have been complied with: A. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. B. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is 0127/04 Pale 20.65 -5 Height Limits required by the basic height limit in any zone. C. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. D. The structure shall have no more floor area than could have been achieved without the use permit. 20.65.060 Existing Structures and Permits A. The use permit application fee shall be waived for any single family home in the R -1 District which is replacing a structure which was in existence on the effective date of this chapter (October 11, 1972). B. Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in existence or under construction on the effective date of this chapter (October 11, 1972) may be changed provided such change does not result in a roof height above top of curb and provided further that the roof height does not exceed the height limit established by the 24/28 Height Limitation Zone. For purposes of this chapter, the top of curb height limitation shall be established by a horizontal plane created by the extension of the top of curb line across each site located on the bluff side of Ocean Boulevard. Where a question arises as to the interpretation of this code, the Planning Director shall review and render a decision. New structures may be constructed on vacant sites subject to the same criteria. 20.65.070 Exceptions to Height Limits A. Architectural Features and Solar Equipment. Architectural features such as, but not limited to, cupolas, weathervanes, open protective railings for stairways, and other decorative roof -top features of an open nature, and solar equipment, but excluding parapet walls, may be permitted in excess of permitted height limits subject to the approval of a modification permit. B. Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened mechanical equipment, totaling no more than 25 square feet, shall be permitted to up to 5 feet in excess of the height limits. C. Chimneys and Vents. Chimneys and vents shall be permitted in excess of height limits to the minimum extent required by the Uniform Building Code plus an additional 12 inches for the provision of spark arrestor apparatus or architectural features of a decorative screening nature. Any such structures orfeatures exceeding the Uniform Building Code requirements shall be subject to the following criteria: 01127/04 Pale 20.65 -6 Height Limits That the overall dimensions of the chimney shall be limited to a maximum width of 2 feet by a maximum length of 4 feet for any portion of the structure which exceeds the Uniform Building Code requirements. 2. That the allowance for the additional 12 inches shall be solely for the incorporation of a spark arrestor as required by the manufacturer or for the incorporation of an architectural screening or treatment. All chimneys and vents exceeding the minimum height required by the Uniform Building Code, with the exception of an additional 12 inches for spark arrestor apparatus or architectural features of a decorative screening nature, shall be subject to the approval of a modification permit. D. Skylights and Roof Windows. The terms skylights and roof windows shall be interchangeable and shall be permitted in excess of the average height permitted in the Height Limitation Zones only as indicated in the following. However, in no case shall any portion of any such skylight or roof window structure exceed the maximum ridge height allowed for any roof in the Height Limitation Zone in which the structure is located. Any such skylight or roof window which is openable shall not be permitted under this section, except those which slide open within the same plane as the frame of the structure, or open to the interior of the building only. Any such structure or feature shall be limited as follows: L When mounting on a flat roof structure, the maximum height measured at the highest point of the proposed skylight or roof window, in a plane parallel to the plane of the roof structure, shall not exceed an elevation of 6 inches above the average roof height as provided by the Height Limitation Zone, or 6 inches above the finished surface of a conforming roof structure, whichever is less. 2. When mounting on a sloping roof structure, the maximum height measured at the highest point of the proposed skylight or roof window, in a plane parallel to the plane of the roof structure, shall not exceed an elevation of 6 inches above the finished surface of the conforming roof structure. That in the areas of the City where a Height Limitation Zone is superseded by more restrictive height limitations or by a discretionary approval of the Planning Commission or the City Council, this section shall not be applied. E. Flag Poles. Flag poles shall be permitted in the 24/28 and the 28/32 Foot Height Limitation Zones not to exceed a height of 35 feet. Flagpoles shall be permitted in the 26/35 and the 32/50 Foot Height Limitation Zones not to exceed a height of 50 feet. All other flag poles in excess of the height limits noted above may be permitted subject to the approval of the Planning Commission. F. Boat Cranes. Boat cranes used in conjunction with an approved marine - oriented use may be permitted to exceed the basic height limit applicable to the district in which it oirz7ro4 Pale 20.65 -7 Height Limits is located, up to a maximum operating height of 70 feet, subject to the approval of the Planning Commission. G. Churches. Church structures used for church purposes shall be exempt from the restrictions ofthis chapter, exceptthat any such structure exceeding 35 feet in height shall require a use permit. 20.65.080 Airport Height Limits Any project which requires a notice of construction or alteration by the Federal Aviation Admin- istration Regulations Part 77 shall require FAA compliance, and the applicant shall submit a copy of the FAA application to the Airport Land Use Commission (ALUC) and provide the City with FAA and ALUC responses. If the ALUC requests review of the project, then the project shall be submitted to the commission by the City. Commission determination shall be referred to the City within 60 calendar days from the date of referral of the application to the ALUC, and shall be considered before the City takes any action on the project. If the Commission fails to refer the determination within that period, the proposed project shall be deemed consistent with the Airport Environs Land Use Plan (AELUP). oimroa MEN Page 20.65 -8 Height Limits 0127104 EXHIBIT ZA -2: ADDITION OF AREA 7 ZONING TO DISTRICTING MAPS 30 AND 67 EXHIBIT ZA -3: ADOPTION OF AMENDED SANTA ANA HEIGHTS SPECIFIC PLAN BY REFERENCE (ZONING CODE CHAPTER 20.44, ENTITLED "SPECIFIC PLAN #7, SANTA ANA HEIGHTS") [Amended Specific Plan text distributed separately due to bulk. Available for public inspection at the City of Newport Beach Planning Department, 3300 Newport Boulevard, 949 - 644 - 3200.] STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2004 -1 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of January 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols Noes: None Absent: None Abstain: Mayor Ridgeway IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of January 2004. &yl'l 4 1 _ City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2004 -1 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: January 31, 2004. In witness whereof, I have hereunto subscribed my name this day of �t f U111F1 City Clerk City of Newport Beach, California