HomeMy WebLinkAbout20190509_PC_Staff ReportCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 9, 2019
Agenda Item No. 5
SUBJECT: RMD Zoning Code Amendment (PA2019-065)
Zoning Code Amendment No. CA2019-003
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Liz Westmoreland, Assistant Planner
(949)644-3234, lwestmoreland@newportbeachca.gov
PROJECT SUMMARY
Following adoption of the City of Newport Beach’s (“City”) comprehensive 2010 Zoning
Code Update, City staff discovered that the name of the RMD Zone was inadvertently
changed from Medium Density Residential to Multiple Residential Detached. Additionally,
the provision allowing attached dwelling units was removed from the purpose description.
The proposed code amendment would correct these errors making the RMD Zoning
District consistent with the regulations in effect prior to 2010, which were consistent with
the provisions of the Orange County Zoning Code in effect when the area was annexed in
2008.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use
Limitations) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment; and
3)Adopt Resolution No. PC2019-012 recommending the City Council approve Zoning
Code Amendment No. CA2019-003 (Attachment No. PC 1).
1
INTENTIONALLY BLANK PAGE2
RMD Zoning Code Amendment (PA2019-065)
Planning Commission, May 9, 2019
Page 2
VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE RM (Multiple-Unit
Residential)
RMD (Multiple
Residential Detached)
Multi-unit condominiums,
apartments, and single-family
residences
NORTH RM and County of
Orange
SP-7 Santa Ana Heights
Specific Plan (Residential
Multiple Family) and
County of Orange
Santa Ana Country Club (Golf
Course)
SOUTH County of Orange R4 Suburban Multifamily
Residential
Mesa Drive and Single-
family/two-unit residences
EAST RM and OS (Open
Space)
SP-7 (Residential Multiple
Family) and Horticultural
Nursery
Apartment complexes and
commercial nurseries
WEST City of Costa Mesa and
County of Orange
(R2-MD: Multiple –Family
Residential, Medium
Density) and County of
Orange
Single-family residences and
Santa Ana Country Club (Golf
Course)
Costa Mesa
County of Orange
Newport Beach
3
INTENTIONALLY BLANK PAGE4
RMD Zoning Code Amendment (PA2019-065)
Planning Commission, May 9, 2019
Page 3
INTRODUCTION
Project Setting
The subject code amendment affects 16 lots on Santa Ana Avenue between Mesa
Drive and Orchard Drive in the West Santa Ana Heights area. The subject lots are
bordered by the Santa Ana Country Club golf course (within unincorporated Orange
County) to the north and west. The City of Costa Mesa is west of the subject lots,
across the intersection of Santa Ana Avenue and Mesa Drive. The Santa Ana Heights
Specific Plan (SP-7), which is within the City of Newport Beach, borders the subject lots
to the east and north.
Existing Pattern of Development
Existing development within the RMD zone consists of a mixture of attached apartments
and condominiums with a few detached single-family residential uses. Specifically, there
are seven detached single-family dwelling units, one detached two-unit development,
and approximately 156 attached dwelling units.
The seven detached residential developments are located at the southern end of the
RMD Zone (see Figures 1 and 2). Two detached single-family residences are located at
1501 Mesa Drive and 20462 Santa Ana Avenue. There are also five small footprint lots
along Savanna Lane and Mesa Drive with a detached single-family residence on each
lot.
The Santa Ana Cottages project (PA2016-069) located at 20452 Santa Ana Avenue
was approved by the City Council in 2017 for seven attached condominium units
contained within two buildings. The remaining seven lots in the RMD Zone contain
attached multi-unit residential apartments and condominiums as follows:
1.1551 – 1559 Mesa Drive – 5 dwelling units (d/u)
2.Chateau Gardens - 26 d/u
3.Promenade Court - 20 d/u
4.Newport Court – 19 d/u
5.Monticello West Apartments - 26 d/u
6.Country Club Gardens – 24 d/u
7.Newport Glen- 36 d/u
5
RMD Zoning Code Amendment (PA2019-065)
Planning Commission, May 9, 2019
Page 4
Figure 1 - Existing Development (Southern Extent)
Figure 2 – Existing Development (Northern Extent)
6
RMD Zoning Code Amendment (PA2019-065)
Planning Commission, May 9, 2019
Page 5
Background and Project Description
Annexation
The City annexed the West Santa Ana Heights (WSAH) area in January 2008. At the time
of annexation, the WSAH area included the following zoning designations (Attachment PC
2):
Santa Ana Heights Specific Plan (SP-7)
RMD (Residential Medium Density)
Nursery Overlay
The City incorporated the County of Orange’s RMD Zoning that existed at the time of
annexation with a purpose statement that read as follows (Attachment No. PC 3):
“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.”
2010 Comprehensive Zoning Code Update
The City’s General Plan was updated in 2006 prior to annexation. To implement the new
General Plan, the City comprehensively updated the Zoning Code in 2010. During the
Zoning Code Update, the name of the RMD Zoning District was inadvertently changed
from “Medium Density Residential” to “Multiple Residential Detached” and the purpose
was changed to read as follows:
“RMD (Multiple Residential Detached) Zoning District. The RMD
Zoning District is intended to provide for areas appropriate for multi-unit
residential developments exclusively containing detached dwelling
units.”
These changes would limit new construction to attached dwelling units; however, this
change was not intended. When the City Council approved the Santa Ana Cottages in
2017, an attached product, they made an interpretation that the detached description of
the RMD was in error.
Purpose of Code Amendment
Amending the Zoning designation is necessary to return historic property rights, and to
maintain the existing pattern of development within these RMD-zoned properties. Thus,
this code amendment will correct an unintended change from the 2010 Zoning Code
Update and allow these properties to maintain their existing functionality and/or remain
7
RMD Zoning Code Amendment (PA2019-065)
Planning Commission, May 9, 2019
Page 6
conforming uses. Redlined changes of the affected Zoning Code sections are included as
Exhibit A of Attachment No. PC 1.
The Planning Commission initiated the code amendment on March 21, 2019, pursuant
to Section 20.66.020 (Initiation of Amendment) of the Newport Beach Municipal Code.
DISCUSSION
Analysis
General Plan
The subject properties have a General Plan land use designation of Multiple-Unit
Residential (RM) (Attachment No. PC 4). This land use designation is intended to provide
primarily for multi-family residential development containing attached or detached dwelling
units. Thus, development is not limited by the General Plan to exclusively detached
dwelling units.
The City’s General Plan contains another multi-unit designation, Multiple-Unit Residential
Detached (RM-D), which specifically allows for multiple unit residential uses that
exclusively contain detached units. There are several detached condominium
developments in Newport Coast as well as detached single-family residences on Bay
Island that fall within this land use designation. However, the subject properties are not
located within the RM-D General Plan designation and therefore not restricted to detached
units. Had the RM-D land use category been applied to the subject properties, this would
have demonstrated that the 2010 change to the RM-D zone was intentional. Therefore, the
absence of applying the RM-D General Plan land use category to the subject lots suggests
the 2010 change was unintentional.
Local Coastal Plan and Zoning Code
The subject zoning district is not located within the coastal zone.
There are miscellaneous clues that indicate the RMD naming and purpose changes
were made in error. For example:
The Comprehensive Zoning Code Update Summary of Change document from
October 2010, highlights notable changes to the zoning code as part of the 2010
update. The summary of Part 2 (Zoning Districts, Allowable Land Uses and
Zoning District Standards) states that the boundaries and uses of existing
residentially-zoned properties remained unchanged, although the names of the
various residential zones were altered. These changes to residential zone names
were discussed in the summary. However, no changes to the RMD zone were
proposed or discussed (Attachment No. PC 5).
8
RMD Zoning Code Amendment (PA2019-065)
Planning Commission, May 9, 2019
Page 7
The Zoning Code Table 2-1 (Allowed Uses and Permit Requirements) indicates
the allowed uses for each residential zone and the associated permit
requirements. According to Table 2-1 (Attachment No. PC 6), the RMD Zone
includes allowances for Single-Unit Dwellings Attached, Single-Unit Dwellings –
Detached, Multi-Unit Dwellings, and Two-Unit Dwellings. Therefore, pursuant to
the allowed use table, attached units are permitted within the RMD Zone.
Language related to the purpose of the zoning district and the title itself are the
only areas in the Zoning Code that limit RMD development to exclusively
attached units.
Summary
In summary, the RMD Zoning District title and purpose were inadvertently changed as
part of the Comprehensive Zoning Code Update of 2010 , and this amendment seeks to
correct the error. Furthermore, if the amendment is not approved, the existing attached
developments that characterize the predominate type of development in the RMD zone,
would become non-conforming and future development would consist of exclusively
detached dwelling units.
Alternatives
The Planning Commission has the option to recommend alternative changes to the
Zoning Code.
Environmental Review
This action is not subject to the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
This action would also be considered exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use
Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential to have a significant effect on the environment. The
Class 5 exemption allows minor alterations in land use limitations in areas with an average
slope of less than twenty percent (20%), which do not result in any changes in land use or
density. The proposed amendment seeks to clarify a clerical error in the Zoning Code.
Additionally, the lots affected by this amendment have an average slope of less than
twenty percent (20%), multi-unit residential use will continue to be allowed, and the
9
RMD Zoning Code Amendment (PA2019-065)
Planning Commission, May 9, 2019
Page 8
maximum number of dwelling units currently identified in the general plan and zoning
districts will remain the same.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the sites (excluding intervening rights-of-way and
waterways) and posted throughout the subject area at least 10 days before the
scheduled meeting, consistent with the provisions of the Municipal Code. Additionally,
the item appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
Prepared by: Submitted by:
______________________________
Liz Westmoreland, Assistant Planner James Campbell, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Excerpt from Prior Version of the Zoning Code
PC 3 Pre-Annexation Zoning Map
PC 4 General Plan Designation Map (Statistical Area J6)
PC 5 Excerpt from Zoning Code Update Summary of Change
PC 6 Zoning Code Table 2-1
10
Attachment No. PC 1
Draft Resolution with Findings and
Conditions
11
INTENTIONALLY BLANK PAGE12
RESOLUTION NO. PC2019-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE
CITY COUNCIL OF NEWPORT BEACH APPROVE NEWPORT
BEACH MUNICIPAL CODE AMENDMENT NO. CA2019-003 TO
RENAME THE MULTIPLE RESIDENTIAL DETACHED (RMD)
ZONING DISTRICT AS MEDIUM DENSITY RESIDENTIAL AND
INCLUDE REFERENCE TO ATTACHED DWELLING UNITS
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The City of Newport Beach’s (“City”) comprehensive 2010 Zoning Code Update included
the Medium Density Residential Zoning District (“RMD”) which allowed for attached, as
well as detached, dwelling units in districts zoned Medium Density Residential.
2. Following the adoption of the 2010 Zoning Code Update, City staff discovered that the
Medium Density Residential zoning designation was inadvertently identified as Multiple
Residential Detached and the language allowing attached dwelling units was also
inadvertently removed from the description.
3. Pursuant to Newport Beach Municipal Code (“NBMC”) Section 20.66.020, the Planning
Commission initiated an NBMC amendment on March 21, 2019, to correct the error so that
the RMD Zoning District is identified as Medium Density Residential and include reference
to “attached units” (as well as detached units) consistent with the legislative intent and
historic pattern of development in the RMD Zoning District.
4. The affected properties are designated Multiple-Unit Residential (“RM”) by the General
Plan Land Use Element and are located within the Medium Density Residential Zoning
District (currently incorrectly identified as Multiple Residential Detached [RMD] Zoning
District).
5. The affected properties are not located within the coastal zone.
6. A public hearing was held on May 9th, 2019 in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in
accordance with the Newport Beach Municipal Code. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This action is not subject to the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project
as defined in Section 15378) of the CEQA Gui delines, California Code of Regulations,
13
Planning Commission Resolution No. PC2019-012
Page 2 of 3
01-25-19
Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
2. This action would also be considered exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use
Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential to have a significant effect on the environment.
The Class 5 exemption allows minor alterations in land use limitations in areas with an
average slope of less than twenty percent (20%), which do not result in any changes in
land use or density. The proposed amendment seeks to clarify a clerical error in the
Zoning Code. Additionally, the lots affected by this amendment have an average slope of
less than twenty percent (20%), multi-unit residential use will continue to be allowed, and
the maximum number of dwelling units currently identified in the general plan and zoning
districts will remain the same.
SECTION 3. FINDINGS.
1. The City annexed the West Santa Ana Heights (WSAH) area in January 2008. At the time of
annexation, the WSAH area included the following zoning designations: Santa Ana Heights
Specific Plan (SP-7), conventional zoning district RMD, as well as the Nursery Overlay. The
City incorporated the County of Orange’s Zoning that existed at the time of annexation. The
subject zone, which was not part of SP-7, was zoned “RMD (Residential Medium Density).”
The RMD designation prior to and post annexation allowed both attached and detached
dwelling units.
2. After annexation, the City assigned corresponding General Plan designations to the properties
(PA2007-209). The RMD Zoning District was assigned a General Plan Designation of
Multiple-Unit Residential (RM). The RM designation is intended to provide primarily for multi-
family residential development containing attached or detached dwelling units. The General
Plan also contains a Multiple-Unit Residential Detached (RM-D) designation, which
specifically allows for multiple unit residential uses that exclusively contain detached units.
There are several detached condominium developments in Newport Coast as well as
detached single-family residences on Bay Island that fall within this land use designation.
However, the subject properties are not located within the RM-D General Plan designation
and therefore not restricted to only detached units per the General Plan.
3. The City’s General Plan was previously updated in 2006 (prior to annexation). Therefore, in
2010, a Comprehensive Zoning Code Update was prepared to implement the 2006 General
Plan. During the Zoning Code Update, the name of the RMD Zoning District was inadvertently
changed from Medium Density Residential to Multiple Residential Detached. Additionally, the
purpose was inadvertently changed to provide for areas appropriate for multi-unit residential
developments exclusively containing detached dwelling units. This change in the name of the
zoning district and purpose is not consistent with the legislative intent or existing development
pattern of the neighborhood since many of the properties within the RMD Zoning District
were developed with attached units. Of the approximately 16 lots in the RMD Zone, eight lots
contain (or are approved for construction of) attached dwelling units. Therefore, approximately
half of the existing lots contain attached units.
14
Planning Commission Resolution No. PC2019-012
Page 3 of 3
01-25-19
4. The Zoning Code Update of 2010 did not intend to make the properties constructed prior to
2010 non-conforming. Amending the Zoning designation is necessary to return historic
property rights and to maintain the existing pattern of development within these RMD-zoned
properties. Thus, this code amendment will correct an unintended change from the 2010
Zoning Code Update and allow these properties to maintain their existing functionality and/or
remain conforming uses.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends the City Council of
Newport Beach approve NBMC Amendment No. CA2019-003 amending the RMD Zoning
Designation to identify the zone as Medium Density Residential and include reference to “attached
units” as set forth in Exhibit “A,” which is attached hereto and incorporated by reference.
PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF MAY, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Zak, Chairman
BY:_________________________
Lee Lowrey, Secretary
15
“Exhibit A”
Section 1: Newport Beach Municipal Code (“NBMC”) Subsection 20.18.010 (F) is hereby amended to
read as follows:
20.18.010 Purposes of Residential Zoning Districts.
The purposes of the individual residential zoning districts and the manner in which they are applied are
as follows:
A. R-A (Residential-Agricultural) Zoning District. The R-A zoning district is intended to provide for areas
appropriate for detached single-family residential dwelling units and light farming uses, each located on
a single legal lot;
B. R-1 (Single-Unit Residential) Zoning District. The R-1 zoning district is intended to provide for areas
appropriate for a range of detached single-family residential dwelling units, each located on a single
legal lot, and does not include condominiums or cooperative housing.
C. R-BI (Two-Unit Residential, Balboa Island). The R-BI Zoning District is intended to provide for a
maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot on Balboa Island.
D. R-2 (Two-Unit Residential) Zoning District. The R-2 Zoning District is intended to provide for areas
appropriate for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot.
E. RM (Multiple Residential) Zoning District. The RM Zoning District is intended to provide for areas
appropriate for multi-unit residential developments containing attached or detached dwelling units.
F. RMD (Multiple Residential Detached) (Medium Density Residential) Zoning District. The RMD Zoning
District is intended to provide for areas appropriate for multi-unit medium density residential
developments exclusively containing attached or detached dwelling units.
Section 2: Newport Beach Municipal Code (“NBMC”) Section 20.14.010 (Zoning Map Adopted by
Reference) is hereby amended to fix the map reference of RM-D to RMD.
16
Attachment No. PC 2
Excerpt from Prior Version of the Zoning
Code
17
INTENTIONALLY BLANK PAGE18
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
19
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
20
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
21
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
22
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
23
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
24
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 be20
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
25
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 LotCD
Street
Setback Lin ('X" F
X
T0m CCD1
ro
r0
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
26
Page 20.10 -9
Residential Districts
the front property line abutting a public right -of -way and a 10 foot setback from any side
property 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
27
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
28
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
29
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 ofNewport 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
30
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
31
INTENTIONALLY BLANK PAGE32
Attachment No. PC 3
Pre-Annexation Zoning Map
33
INTENTIONALLY BLANK PAGE34
....
ta Ana Heights
Prezoning
(Ordinance 2004-001)
January 27, 2004
/'V Proposed City Boundary
/'V Existing City Boundary
Santa Heights Specific Plan (SP-7)
RSF -Residential Single Family
RK -Residential Kennel
• RMF-Residential Multiple Family
PA -Professional & Administrative Office
• HN -Horticultural Nursery
OSR -Open Space and Recreation
Conventional Zoning
RMD -Residential Medium Density
Overlays
eN) Nursery Overlay
~~~--------------------------~~~~~--------~--~~~--~
35
INTENTIONALLY BLANK PAGE36
Attachment No. PC 4
General Plan Designation Map (Statistical
Area J6)
37
INTENTIONALLY BLANK PAGE38
!2!1
!8
!16
!4
!3
!13
!18
!15
!10
!21
!17
!7
!21
!9
!11 !5
!6
!22
!21
!14
!14
!12
!12
!19
!19
!2.1
LA
C
A
N
A
D
A
UNI
V
E
R
S
I
T
Y
MIR
A
L
O
M
A
PAPERLN AVENUEDRI
V
E
IRVINESILVERLNSW BIRCH STACACIA STDRI
V
E
DRIVE
ME
S
A
ME
S
A
D
RBIRCHCYPRESS STME
S
ACIRCLELA
NE
GOLD
E
N
A
N
N
I
VERSARYOR
C
H
A
R
D
D
R
ZE
N
I
T
H
A
V
E
CD
M
F
R
E
E
W
A
Y
SE
B
R
I
S
T
O
L
S
T
R
E
E
TCYPRESS STPLACECIRLNCTEG
R
E
T
P
L CT
CO
R
M
O
R
A
N
T
C O R MORANT CIRCLECTBA
Y
C
R
E
S
T
CT
BAYVIEWWAY
BA YVIE WBAYCREST
AV
E
BA
Y
F
A
R
M
P
L AVENUEOR
C
H
I
D
H
I
L
L
P
L
CIRCLE DOVE STUPPER BAY DRSPRUCEORCHIDAZ
U
R
E AVENUESTREETBAY VIEWPELICANCORMORANTCT
SHEARW
A
T
E
RSHEARWATER PLDRI
V
E
OR
C
H
A
R
D
D
R
GANNETBAYVIEW
B
L
V
DROADBAYVIEW WAYJAMBOREES/E
B
R
I
S
T
O
L
S
T
BRI
S
T
O
L
S
T
R
E
E
T
N
O
R
T
H ROADMACARTHURFAIRCHILDAVENUESANTAANAMESA
BRI
S
T
O
L
S
T
R
E
E
T
N
ST
R
E
E
T
ORCHARD
DRIVESANTA ANA AVEA V E N UEIR V I N E
BRI
S
T
O
L
WESTERLY PLQ
U
A
I
LDRIVECAMPUS STREETUPP ER NEWPORT
PLA Z ASPRUCE STST
R
E
E
T
ST
R
E
E
T
NO
R
T
H
BRI
S
T
O
L
CD
M
F
R
E
E
W
A
Y
ST
R
E
E
T
BRI
S
T
O
L BIRCHBLVDMARTINGALE WAYMACARTHURVONAVEDOLPHIN-STRIKER WAY
RDNEWPORT PLACE DR
QU
A
I
L
S
T
BOWSPRIT DRDOVE
JAMBOREES
T
R
E
E
T KARMANBIR
C
H
S
T
ROADJAMBOREEDRIVE DRIVECAMPUSBIRCH STDO
V
E
S
T CAMPUSDRIVEVON KARMAN AVE DRI
V
E
BIR
C
H
S
TBLVD
BIRCH STREETWAY
CORINTHIAN
SCOTT DRMACARTHURCAMPUS
TELLER AVEDRI
V
E
CA
M
P
U
S
BLVDROADDRIVEBAYPOINTEDRIVESW BIRCH STCD
M
F
R
E
E
W
A
Y
U N I V E R S I T Y D R I V EBARDEEN AVETELLER AVEMA
R
T
I
N
DU
P
O
N
T
D
R
JAMBOREE ROADUNIVERSITY
DRIVE
OR
C
H
A
R
DRIVERSIDE DRPEGASUS
ST
KLINE DRKLINE DRINDUSST
SAVANNALNBRUINBARKL N
AUGUSTLN
REDLANDS DRRIVERSIDE DRRIVERSIDE DRREDLANDS DRRED
RIV CYPRESS STESTUARYLNCA
M
P
U
S
D
R
I
V
EGRADUATESCHOLARSHIP
HA
L
F
M
O
O
N
P
L UPPER NEWPORT DRCA
P
I
T
A
N
C
T
RM14 /ac
14 /acRM
0.5
CO-G
RS-D RM
CO-G0.5
0.5CO-G
88 du
RS-D
CO-GRM29 /ac
RM11 /ac
RM43 /ac OS
AO
MU-H2
MU-H2
MU-H2
PF
CG
CO-G
CG
CG
AO
AO
PF
CG
CO-G
MU-H2
6 5 C N ELN oiseContour65CNELNoiseContour65CNELNoiseContourJ6
J5
L4J6
!2!1
!8
!16
!4
!3
!13
!18
!15
!10
!21
!17
!7
!21
!9
!11 !5
!6
!22
!21
!14
!14
!12
!12
!19
!19
!2.1
LA
C
A
N
A
D
A
UNI
V
E
R
S
I
T
Y
MIR
A
L
O
M
A
PAPERLN AVENUEDRI
V
E
IRVINESILVERLNSW BIRCH STACACIA STDRI
V
E
DRIVE
ME
S
A
ME
S
A
D
RBIRCHCYPRESS STME
S
ACIRCLELA
NE
GOLD
E
N
A
N
N
I
VERSARYOR
C
H
A
R
D
D
R
ZE
N
I
T
H
A
V
E
CD
M
F
R
E
E
W
A
Y
SE
B
R
I
S
T
O
L
S
T
R
E
E
TCYPRESS STPLACECIRLNCTEG
R
E
T
P
L CT
CO
R
M
O
R
A
N
T
C O R MORANT CIRCLECTBA
Y
C
R
E
S
T
CT
BAYVIEWWAY
BA YVIE WBAYCREST
AV
E
BA
Y
F
A
R
M
P
L AVENUEOR
C
H
I
D
H
I
L
L
P
L
CIRCLE DOVE STUPPER BAY DRSPRUCEORCHIDAZ
U
R
E AVENUESTREETBAY VIEWPELICANCORMORANTCT
SHEARW
A
T
E
RSHEARWATER PLDRI
V
E
OR
C
H
A
R
D
D
R
GANNETBAYVIEW
B
L
V
DROADBAYVIEW WAYJAMBOREES/E
B
R
I
S
T
O
L
S
T
BRI
S
T
O
L
S
T
R
E
E
T
N
O
R
T
H ROADMACARTHURFAIRCHILDAVENUESANTAANAMESA
BRI
S
T
O
L
S
T
R
E
E
T
N
ST
R
E
E
T
ORCHARD
DRIVESANTA ANA AVEA V E N UEIR V I N E
BRI
S
T
O
L
WESTERLY PLQ
U
A
I
LDRIVECAMPUS STREETUPP ER NEWPORT
PLA Z ASPRUCE STST
R
E
E
T
ST
R
E
E
T
NO
R
T
H
BRI
S
T
O
L
CD
M
F
R
E
E
W
A
Y
ST
R
E
E
T
BRI
S
T
O
L BIRCHBLVDMARTINGALE WAYMACARTHURVONAVEDOLPHIN-STRIKER WAY
RDNEWPORT PLACE DR
QU
A
I
L
S
T
BOWSPRIT DRDOVE
JAMBOREES
T
R
E
E
T KARMANBIR
C
H
S
T
ROADJAMBOREEDRIVE DRIVECAMPUSBIRCH STDO
V
E
S
T CAMPUSDRIVEVON KARMAN AVE DRI
V
E
BIR
C
H
S
TBLVD
BIRCH STREETWAY
CORINTHIAN
SCOTT DRMACARTHURCAMPUS
TELLER AVEDRI
V
E
CA
M
P
U
S
BLVDROADDRIVEBAYPOINTEDRIVESW BIRCH STCD
M
F
R
E
E
W
A
Y
U N I V E R S I T Y D R I V EBARDEEN AVETELLER AVEMA
R
T
I
N
DU
P
O
N
T
D
R
JAMBOREE ROADUNIVERSITY
DRIVE
OR
C
H
A
R
DRIVERSIDE DRPEGASUS
ST
KLINE DRKLINE DRINDUSST
SAVANNALNBRUINBARKL N
AUGUSTLN
REDLANDS DRRIVERSIDE DRRIVERSIDE DRREDLANDS DRRED
RIV CYPRESS STESTUARYLNCA
M
P
U
S
D
R
I
V
EGRADUATESCHOLARSHIP
HA
L
F
M
O
O
N
P
L UPPER NEWPORT DRCA
P
I
T
A
N
C
T
RM14 /ac
14 /acRM
0.5
CO-G
RS-D RM
CO-G0.5
0.5CO-G
88 du
RS-D
CO-GRM29 /ac
RM11 /ac
RM43 /ac OS
AO
MU-H2
MU-H2
MU-H2
PF
CG
CO-G
CG
CG
AO
AO
PF
CG
CO-G
MU-H2
6 5 C N ELN oiseContour65CNELNoiseContour65CNELNoiseContourJ6
J5
L4J6
STATISTICAL AREASJ6, L4
CITY of NEWPORT BEACHGENERAL PLAN
Figure LU11
L4
Industrial Districts
Commercial Office Districts
General Commercial OfficeCO-G
Medical Commercial OfficeCO-M
Regional Commercial Office CO-R
Public, Semi-Public and Institutional
Private Institutions
Single-Unit Residential Attached
Single-Unit Residential Detached
RS-A
Residential Neighborhoods
RS-D
Two-Unit ResidentialRT
RS-A
Multiple-Unit Residential Detached
Multiple-Unit Residential
RM-D
RM
Commercial Districts and Corridors
General Commercial
Recreational and MarineCommercial
Neighborhood Commercial CN
Corridor CommercialCC
CG
CV Visitor Serving Commercial
CM
Regional Commercial CR
Airport Supporting Districts
Airport Office and Supporting UsesAO
Mixed -Use Districts
Mixed Use VerticalMU-V
Mixed Use HorizontalMU-H
Mixed Use Water RelatedMU-W
IndustrialIG
Public FacilitiesPF
Open Space
PR Parks and Recreation
OS
City of Newport BeachBoundaryStatistical AreaBoundary
Land Use Delineator Line
Refer to anomaly table
0 1,000500 Feet
Tidelands and Submerged LandsTS
PI
LU11_Airport.mxd 02/12/2019
2011-21 GP2007-009 PA2007-213 02/22/2011 Increase the maximum allowable developmentlimit by 11,544 square feet and create anomalyNo. 2.1 for 4300 Von Karman.
CC Resolution No.GPA No.Project No.Adopting Date Description
2019-14 GP2015-004 PA2015-210 02/12/2019 Change land use designation from General CommercialOffice (CO-G) to Private Institutions (PI) and amendAnomaly No. 22 to allow 85,000 square feet for Residential Care Facility for the Elderly located at101 Bayview place.
39
INTENTIONALLY BLANK PAGE40
Attachment No. PC 5
Excerpt from Zoning Code Update
Summary of Change
41
INTENTIONALLY BLANK PAGE42
Comprehensive Zoning Code Update
Summary of Change
Newport Beach Planning Department
October 2010
43
Part 1 Summary 1
Part 1 – Zoning Code Applicability (page 1-3)
Part 1 of the draft code replaces Chapter 20.01 of the current Code. This Part includes
the purpose of the zoning code, provisions for interpretations and an explanation of the
zoning map. There are two notable differences between the current code and the draft
code. First, section 20.10.040A of the draft code states that the City Council may
exempt specific City implemented projects by adopting a resolution at a noticed public
hearing upon setting forth the specific Code provisions that would apply in the absence
of the exemption. The current code does not contain such language as state law allows
cities to exempt their public projects from zoning rules. The second difference is the
zoning map. The current code uses a set of over seventy 8.5 x 11 Districting Maps to
depict the zoning districts, density, intensity and setbacks. The draft code utilizes a
large format map (36″ x 48″) to depict zoning districts, density and intensity and set of
thirty-one 11″ x 17″ setback maps (see Part 8 for the setback maps).
44
Part 2 Summary 1
Part 2 – Zoning Districts, Allowable Land Uses and Zoning
District Standards
Part 2 establishes all zoning districts, their allowed uses and district standards to
implement the uses of land established by the General Plan. The districts are identified
on the Zoning Map and the various zones correspond to the General Plan Land Use
Plan maps and land use categories. The density of residential use and intensity of non-
residential use allowed within the various zones is no greater than allowed by the Land
Use Element of the General Plan. Part 2 is the heart of the Zoning Code and each of
the other Parts of the code are directly related.
Each zone has a list of allowed uses and those uses are defined in Part 7 (Definitions).
Uses are either allowed by right or are subject to discretionary review such as a Limited
Term Permit (LTP), Minor Use Permit (MUP) or Conditional Use Permit (CUP). If a
particular use is not listed in the tables, it is not allowed unless the Planning Director
finds (i.e. interprets) that an unlisted use is similar to a listed use. These discretionary
permits processes are defined in detail within Part 5 (Planning Permit Procedures), but
for now, the LTP simply allow uses for a limited amount of time and the review authority
is the Zoning Administrator. The MUP is a reflection of the current process where the
Planning Director may issue certain Use Permits. The Zoning Administrator is the
review authority for MUPs. A CUP is no different than the current Use Permit process
where the Planning Commission is the review authority.
Allowed Uses
The specific entries within the various allowed use tables were developed by staff and
the City’s consultant with specific input and oversight from the General Plan
Implementation Committee. Entries are based upon current zoning regulations, the
purpose of each zone and its corresponding land use category of the Land Use Element
of the General Plan, related policies of General Plan, and the locations of the various
zones and their unique relationships with their surroundings. Other factors influenced
the entries within the allowed use tables including a desire to simplify the process
wherever possible, to maintain consistency with any applicable State laws, and to avoid
creating nonconforming uses where possible. The allowed use tables also contain
references to specific use regulations that are located within Part 4 (Standards for
Specific Land Uses) as a way to highlight for the reader additional regulations for that
listed use. The most noteworthy changes relate to the sale of alcohol and eating and
drinking establishments, which are discussed below in Part 4.
Development Standards
Each of the zones has base development standards that are listed in several tables.
Those standards include minimum lot dimensions, density or intensity limits, minimum
setbacks, lot coverage limits, floor area limits, structure height, open space, fencing,
landscaping, lighting, parking and signs among others. In many cases, specific
dimensions, areas, percentages or ratios appear but in other cases, there is a reference
to a separate Chapter or Section where the standards can be found when those
standards are too complex to appear within the development standard tables.
45
Part 2 Summary 2
As with the allowed use tables, the development standards tables were developed by
staff and the City’s consultant with specific input and oversight from the General Plan
Implementation Committee. Most of the standards are based upon current zoning
regulations so as to avoid creating nonconformities. Where new standards were
necessary for new zones, entries were based upon existing standards for similar uses
within existing zoning classifications.
In residential districts, the current existing floor area limit (FAL) and lot coverage
standards will be retained. Subterranean basements will not count towards the
maximum FAL in zoning districts that utilize the FAL. A new provision limits 3rd floors to
15% or 20% of the buildable area of the lot, depending on the lot width. Another change
is the elimination of the current open space provision, which is replaced by an open
volume provision that will create building modulation to improve designs and provide
noticeable and useful open space. It is important to note that single family residences
and duplexes within existing Planned Communities and those regulated by lot coverage
standards would not be affected by the third floor and open volume provisions. Another
change is the inclusion of the several of the 2007 Design Criteria . This change will be
outlined below in Part 3 (site Planning and Development Standards). Another change to
note is the method of measuring the height of buildings. The height limits are not
changing, but the practice of measuring the height of a sloping roof at its midpoint is
being eliminated for a far simpler method. Again, this change will be highlighted below
in Part 3. The last change to note is an increased alley setback for all new residential
buildings when the alley is narrow (10 feet) and the lot on the other side of the alley has
its side yard abutting the alley. This increased setback will improve vehicle circulation in
the alleys in these specific cases.
Changes to Zones
The boundaries and use of existing residentially-zoned properties remain unchanged,
although the names of the various residential zones have been altered. For example,
the R-1.5 zone for Balboa Island becomes R-BI, the R-1-B becomes the R-1-6000 and
the MFR zone becomes the RM zone.
Existing commercial zones (RSC, RMC and APF) have been diversified. The existing
retail zones (RSC and some RMC areas) are now the CC (Commercial Corridor), CG
Commercial General), CN (Commercial Neighborhood), CM (Commercial Recreational
and Marine) and the CV (Commercial Visitor-Serving). The existing office zone (APF)
becomes the OA (Office – Airport), OG (Office – General), OM (Office – Medical) and
the OR (Office – Regional).
The existing industrial zones (M-1, M-1-A and IBP) were condensed into the IG
(Industrial Zoning District) due to the contraction of industrially designated land.
The existing institutional zone (GEIF) was split into two new zones, the PF (Public
Facilities) and PI (Private Institutional) to differentiate between public and private
institutions.
All boundaries and uses in all existing Planned Community Districts remain unchanged.
46
Part 2 Summary 3
The existing open space zones (OS-A and OS-P) were altered to create the PR (Parks
and Recreation) for active areas and the OS (Open Space) zone primarily for resource
protection.
The updated General Plan establishes a variety of mixed-use land use designations that
were applied to areas where mixed-use development is allowed by existing regulations
as well as new areas such as Mariner’s Mile and several properties along Dover Drive.
The MU-V (Mixed-Use Vertical) zone is applied to areas where residential units are
presently allowed above a commercial use and this zone is designed to replicate
existing standards. The MU-MM (Mixed-Use Mariner’s Mile), MU-DW (Mixed-Use
Dover/Westcliff) and the MU-CV/15th St (Mixed-Use Cannery Village and 15th Street)
zones are new and were designed for the specific provisions and limited residential
uses allowed by the General Plan for these areas. The MU-W1 and MU-W2 (Mixed-Use
Water) are to address mixed-use development for locations on Newport Bay and on
Marine Avenue.
Specific Plans
Five existing specific plan districts (Newport Shores, Mariner’s Mile, Cannery
Village/McFadden Square, Central Balboa, and Old Newport Boulevard) are eliminated
and replaced with the various zones identified above based on the General Plan. The
Santa Ana Heights Specific Plan is the only adopted specific plan that will remain
unchanged, although it will be re-adopted by ordinance separately.
Overlay Zoning Districts
The number and type of “overlay” districts will be reduced as a result of the expanded
zoning districts. The “B” overlay has been eliminated with it provisions being
incorporated within the new residential zones. The “R” or Residential overlay, and the
“MM” or Mariner’s Mile overlay are both eliminated with their provisions being replaced
by the mixed-use zones. The “IS” or Interim Study overlay is being eliminated
altogether. The “SPR” or Site Plan Review overlay, and the “PRD” or Planned
Residential Development overlay have been replaced by updated permit processes
contained within Part 5 of the new Zoning Code. The existing “MHP” or Mobile Home
Park overlay, and the “PM” or Parking Management overlay remain.
One new overlay district has been added, the Bluff overlay. The purpose of this
proposed overlay district is to implement specific policies of the Natural Resources
Element of the General Plan that require limiting development to the predominant line of
existing development to preserve visual quality, protect public views and to ensure
safety. The proposed overlay is reflected on the Zoning Map with detailed maps found
in Part 8. A Canyon overlay district to implement similar policy objectives for Buck Gully
and Morning Canyon has not been included at this time as it requires additional
analysis. In the interim, staff will continue to implement the Natural Resources Element
Policy NR 23.6 that requires new development to be within the predominant line of
existing development.
47
INTENTIONALLY BLANK PAGE48
Attachment No. PC 6
Zoning Code Table 2-1
49
INTENTIONALLY BLANK PAGE50
51
From:Westmoreland, Liz
To:Lee, Amanda; Garciamay, Ruby
Subject:FW: May 9 planning commission
Date:Tuesday, May 07, 2019 5:27:32 PM
Attachments:image001.png
Public comment received regarding PA2019-065.
LIZ WESTMORELAND
Community Development Department
Assistant Planner
lwestmoreland@newportbeachca.gov
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 | newportbeachca.gov
From: anastasios Nikolaou <taso@lockarate.com>
Sent: Tuesday, May 7, 2019 5:25 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: May 9 planning commission
Hello -
I'm in favor of the amendment to allow attached homes because 90% of the district is
attached home and uniform to the area.
Get Outlook for Android
Planning Commission - May 9, 2019
Item No. 5a Additional Materials Received
RMD Zoning Code Amendment (PA2019-065)
Planning Commission
Public Hearing
May 9, 2019
Planning Commission - May 9, 2019
Item No. 5b Additional Materials Presented At Meeting
RMD Zoning Code Amendment (PA2019-065)
City Initiated Code Amendment
PC Initiated March 21, 2019
Purpose
Formally Reverse an Error
RMD Code Correction
“Multiple Residential Detached”
“Medium Density Residential”
Allow for Attached Units
May 9, 2019 Community Development Department -Planning Division
Planning Commission - May 9, 2019
Item No. 5b Additional Materials Presented At Meeting
RMD Zoning Code Amendment (PA2019-065)