Loading...
HomeMy WebLinkAboutDISTRICTING MAPS_ZONING CODE 1997 1111111111111111111111111111111111111111111111111 *NEW FILE* Districting Maps Zoning Code 7997 CITY OF NEWPORT BEACH PLANNING DEPARTMENT July 28, 1992 TO: Planning Department Staff FROM: Aziz M. Aslami SUBJECT: 1993 Rental Vacancy Rate The fouteenth Rental Vacancy Rate Survey since the adoption of the "Condominium Ordinance,"Section 20.73.010(e) of the Newport Beach Municipal Code which requires the City to establish said rate each year, has been completed and the results are as follows: Response Vacancy Weighted Vacancy Unit Tvee R ° Rites Duplex 3.91 1.33 Triplex 7.53 .50 Fourplex 6.61 .49 Multi-Family 4,$ 2.50 4.75 4.82 (Mean Response (Overall Weighted Vacancy Rate) VacancyRate) The following table compares this proportionally weighted vacancy rate for rental units surveyed by unit type and overall rate for each year this survey has been conducted: Unit Type 128A = IM M M 1289 IM 1991 1M Duplex 0.89 .89 .68 .84 1.06 1.31 1.71 1.44 2.11 1.33 Triplex .09 .06 .06 .22 .33 .35 .32 .39 .75 .50 Fourplex .03 .21 .24 .27 .37 .19 .21 .28 .54 .49 Multi-Fam. 121 135 087 166 252 262 384 279 2 1 Overall 2.22% 2.50% 1.85% 2.99% 4.28% 4.63% 6.08% 4.90% 6.27% 4.82% Weighted Vacancy Rate .r TO: Planning Department Staff The resulting overall vacancy rate for the rental units surveyed, in proportion to their presence in the total rental stock, is 4.82%for 1993, thus no further conversion of projects can be approved beginning July 13, 1993 unless the Planning Commission or the City Council upon review or appeal elects to override the vacancy rate restriction. Aziz Aslami an\vnaxAT&93 - 2 - CITY OF NEWPORT BEACH PLANNING DEPARTMENT July 28, 1992 TO: Planning Department Staff FROM: Aziz M. Aslami SUBJECT: 1992 Rental Vacancy Rate The eleventh Rental Vacancy Rate Survey since the adoption of the "Condominium Ordinance," Section 20.73.010(e) of the Newport Beach Municipal Code which requires the City to establish said rate each year, has been completed and the results are as follows: Response Vacancy Weighted Vacancy Unit T e Rate M Rate o Duplex 6.21 2.11• Triplex 11.18 .75 Fourplex 7.29 .54 Multi-Family 5_52 _2877 6.04 6.27 (Mean Response (Overall Weighted Vacancy Rate) VacancyRate) The following table compares this proportionally weighted vacancy rate for rental units surveyed by unit type and overall rate for each year this survey has been conducted: Unit Type 1983 1984 1985 1986 1987 1988 _1989 122 1991 192 Duplex 0.79 .89 .89 .68 .84 1.06 1.31 1.71 1.44 2.11 Triplex .13 .09 .06 .06 .22 .33 .35 .32 .39 .75 Fourplex .22 .03 .21 .24 .27 .37 .19 .21 .28 .54 Multi-Fam. 2,20 1.21 1.35 0.87 166 2.52 2.62 3.84 2.79 2.87 Overall 3.34% 2.22% 2.50% 1.85% 2.99% 4.28% 4.63% 6.08% 4.90% 6.27% Weighted Vacancy Rate r TO: Planning Department Staff The resulting overall vacancy rate for the rental units surveyed, in proportion to their presence in the total rental stock, is 6.27%for 1992, thus allowing the conversion of existing apartments to condominium. Although the rental vacancy rate is higher than 5.0%, the conversion of Multi-Family residential structures to condominium ownership would be permitted if the project meet other requirements contained in the Condominium Conversion Ordinance. Aziz AA\VAC-RATE92 - 2 .fir• 4� "«r,,,..srn'•r�`':�+,t�', r.,A� ,�9 + �v��iC'... n.•;�*'% "fl"yM,Y"�c-`iN'Atwa , •.,, • F ' ZONING CODE iT "O E WPORT BEACH .,::Mmn...,•.,- t;r;;;rrnc�nrin�:mr.,r:?rr;?;±rn�•:..-^^!;a:,,.�:, r,�:r•^r,�ri.-;rr,aa:•rr.�:,^:r;�.-.•.;�,.-<-.;.,...,-.... ;.,,-.•�;..•..- _'r;,:�^ - Page 5-1 CONDOMINIUM CONVERSIONS Chapter 19. 10 E CONDOMINIUM PROJECT: The entire parcel of real property, including all structures thereon, subdivided or to be subdivided for the purpose of converting existing structures to condominium units. 19.10.030 PERMIT. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums, or a community apartment project containing five or more units, except where: (A) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body, or (B) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or high, or (C) The land consists of a parcel or parcels of land having appro access to a public street or highway which comprises part of a tract of land zoned for industrial or+ommercia d onment, and w is as a approval oche governing body as o street alignments and widths, or (D) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section; provided, however, that a local ordinance may specify tentative and final map approval for a subdivision in which one or more of the resultant parcels is between 40 acres and 60 acres in size. Unless otherwise waived by Section 19. 10.040 ntative 7parcel man shall be re fired for those subdivisions described in paragraphs (A) , (B) , C , an 19.10.040 WAIVER OF PARCEL MAP. Condominium conversion projects containing less than five (5) units which are located on a lot or parcel, or combination of lots or parcels, which were established in accordance with the provis s of this Title, may be permitted without the approval of a a ma provided that the Modifications Committee approves a condominium conversion permit in accordance with the provisions Chapter 20.73 of the Newport Beach Municipal Code, with findings indicating that the subject property complies with all City requirements as to improvement and design, floodwater drainage control, improved public streets, sanitary disposal facilities, availability of water and other requirements of this Title. (Ord. 94-47, November 91 1994) I � i 1 I • 0� 0 J 'J �.e) ��ov� i M Xx��•-u.S� �c • G��Jec�S�•s�•i w� f �.�" '1 Cre.Suhr.�l✓,SOr� (.,�k�c-F, Ca.. be ��R.avr.� CcsvlGvrr��c J.utb�"v a �1 fiJe �avft,l Mai? of u •�.� Q i n L �., �U�d¢�1 h, � ' L��S �'1J�� Q.d V'� �jNd��.• 4S S�'kcY !N �I���• ' _ TITLE 20 ELANNINQ AND ZQNINQ C1TY QE NEWEQRT BEACH RECODIFIED BY ORDINANCE NO. 1657 Adopted February 9, 1976 Effective March 10, 1976 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING - CONTINUED Effective Date Section Ordinance April 12, 1995 20.10.050, 20.10.060 95-5 April 12, 1995 20.69.070, 20.69.080 95-6 April 26, 1995 20.30.035, 20.30.040, 95-10 20.87.037, 20.87.227 June 21, 1995 20.10.025F 95-18 July 26, 1995 20.33 (table) 95-19 September 13, 1995 20.30.035, 20.30.040, 95-30 20.33.055, 20.72.018, 20.72.060 September 27, 1995 20.33 (table, 95-31 20.61.060, 20.62.050, 20.63.030, 20.63.040, 20.63.045, 20.65 (table) October 11, 1995 20.01.070, 20.10.035 95-38 20.10.045, 20.70.060 October 11, 1995 20.72.015E 95-39 November 8, 1995 20.42.025, 20.61.060 95-47 20.63.025, 20.63.030 20.63.035, 20.63.040 20.63.045, 20.33 (table) 20.65 (table) January 10, 1996 20.72.020 95-65 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING - CONTINUED Effective Date Section Ordinance March 16, 1994 20.11.040, 20.13.025, 94-3 20.14.025, 20.15.025, 20.16.030, 20.17.030, 20.19.030, 20.61.050 May 11, 1994 20.72.010, 20.72.015, 94-17 20.72.030, 20.81.020 Chapter 20.33 Chart May 25, 1994 20.01.07% 20.51.045, 94-20 20.75.045, 20.77.050, 20.80.060, 20.80.070, 20.80.075, 20.81.070, 20.82.050, 20.82.060, 20.82.070, 20.84.040, 20.84.060, 20.85.010 May 25, 1994 20.02.050(F) 94-21 June 22, 1994 Chapter 20.33 Chart 94-24 • July 27, 1994 20.62.030(B)(2) 94-28 July 27, 1994 20.81.020 94-29 August 10, 1994 20.02.071 94-35 August 24, 1994 20.74.010, 20.74.020 94-38 October 12, 1994 Chapter 20.65 94-44 November 9, 1994 20.73.015, 20.73.020 94-47 20.73.025, 20.73.030 20.73.035, 20.81.020 November 23, 1994 20.10.025(1) 94-51 November 23, 1994 20.72.010(A), 20.87.265 94-52 December 28, 1994 20.72.010(A),(E),(F),(G), 94-55 20.87.325 February 22, 1995 Chapter 20.67 95-2 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING - CONTINUED Effective Date Section Ordinance March 16, 1994 20.11.040, 20.13.025, 94-3 20.14.025, 20.15.025, 20.16.030, 20.17.030, 20.19.030, 20.61.050 May 11, 1994 20.72.010, 20.72.015, 94-17 20.72.030, 20.81.020 Chapter 20.33 Chart May 25, 1994 20.01.070, 20.51.045, 94-20 20.75.045, 20.77.050, 20.80.060, 20.80.070, 20.80.075, 20.81.070, 20.82.050, 20.82.060, 20.82.070, 20.84.040, 20.84.060, 20.85.010 May 25, 1994 20.02.050(F) 94-21 June 22, 1994 Chapter 20.33 Chart 94-24 July 27, 1994 20.62.030(B)(2) 94-28 July 27, 1994 20.81.020 94-29 August 10, 1994 20.02.071 94-35 August 24, 1994 20.74.010, 20.74.020 94-38 October 12, 1994 Chapter 20.65 94-44 November 9, 1994 20.73.015, 20.73.020 94-47 20.73.025, 20.73.030 20.73.035, 20.81.020 November 23, 1994 20.10.025(I) 94-51 November 23, 1994 20.72.010(A), 20.87.265 94-52 December 28, 1994 20.72.010(A),(E),(F),(G), 94-55 20.87.325 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING - CONTINUED Effective Date Section Ordinance May 13, 1992 20.72.010 92-6 May 13, 1992 20.02.061, 20.06.090 92-7 20.06.100, 20.10.030 20.81.020 June 25, 1992 20.02.030 92-3 June 25, 1992 20.02.025 92-22 June 25, 1992 20.10.022 92-24 July 8, 1992 20.87.090 92-26 July 22, 1992 20.74.020 92-29 August 26, 1992 20.10.025 92-34 September 23, 1992 20.10.030, 20.11.020 92-43 20.13.015, 20.13.025 20.14.025, 20.15.025 September 23, 1992 20.02.060, 20.81.020 92-44 December 9, 1992 20.01.040, 20.06.050, 92-46 20.68.025, 20.70.030 20.74.030 December 9, 1992 20.33.070, 20.68.020, 92-47 20.79.015, 20.87.355 December 9, 1992 20.74.020, 20.74.030, 92-50 20.74.045 April 7, 1993 20.33.020, 20.68.025 93-1 June 23, 1993 20.02.070, 20.02.071 93-10 September 22, 1993 20.10.025 93-18 20.063.030, 20.063.035, 93-20 20.063.040 December 22, 1993 20.62.030, 20.62.050 93-24 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING - CONTINUED Effective Date Section Ordinance June 28, 1990 20.63.020, 20.63.045, 90.24 20.63.050, 20.63.055 August 8, 1990 20.01.045, 20.37 90-30 August 8, 1990 2032.015(b), 20.33.020(a), 90-31 2034.015(b), 20.35.015(b), 2036.020(b), 20.51.025(e), 20.61.060A, 20.62.040A, 20.62.050A, 20.63.030A, 20.63.035B, 20.63.040A September 12, 1990 20.83.060, 20.83.070 90-33 December 13, 1990 20.63.030B 90-40 Chapter 20.33 90-41 January 9, 1991 20.02.025 90-43 March 27, 1991 20.01.070, 20.02.026 91-8 2030.030 91-9 20.02.060 91-10 April 4, 1991 20.8330 91-14 May 22, 1991 20.08 91-16 June 12, 1991 20.15.025 91-19 July 25, 1991 20.61.060A, 20.61.060B 91-25 20.6?040B, 20.62.050A 20.62.050B, 20.63.030A 20.63.030B, 20.63.035C 20.63.040A, 20.63.04013 August 21, 1991 20.02.065 91-29 December 25, 1991 20.06.080 91-44 February 12, 1992 20.06.050, 20.70.0502 20.70.060 91-49 February 26, 1992 20.62.030 92-1 March 25, 1992 Chapter 20.68 92-2 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING - CONTINUED Effective Dat Section Ordinance October 11, 1989 20.01.070 89-24 20.60.060 20.60.070 October 25, 1989 20.35.020(e) 89-20 December 13, 1989 20.63.035 89-32 Chapter 20.69 89-36 December-27, 1989 Chapter 20.19 89-28 20.11.020B, 20.01.040 7 20.72.010, 20.72.015 89-35 20.72.020, 20.72.030 20.72.060, 20.72.070 20.72.080, 20.72.090 20.72.130, 20.30.035B 20.30.040B, 20.32.015 20.33.020, 20.34.015 20.35.015, 20.36.020 20.41.025, 20.61.060A, 20.62.0 20.62.040A 20.62.050A, 20.63.030A 20.63.035B, 20.63.040A 20.81.020 March 28, 1990 20.62.020, 20.62.030 90-3 20.62.040, 20.62.050 20.62.060, 20.62.070 May 23, 1990 20.07.070, 20.62.030B6 90-16 20.63.045E June 13, 1990 20.15.045, 20.15.070 90-18 20.10.050E, 20.30.030B 90-22 20.63.020, 20.72.150, 20.83.010, 20.83.02% 20.83.030, 20.83.040 20.83.050, 20.83.060 20.01.045, 20.01.046 90-23 20.19.035 . , Chapter 20.03 90-25 4 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING - CONTINUED Effective Date Section r in nce July 13, 1988 20.30.035B, 20.30.040B 88-17 20.63.045A August 10, 1988 20.52.010, 20.52.030, 88-23 20.52.040, 20.52.050 August 24, 1988 20.87.140 88-26 August 24, 1988 Chapter 20.54 88-27 September 7, 1988 20.84.30 88-28 October 12, 1988 20.02.070, 20.10.025F, 88-31 20.10.030 October 12, 1988 20.80.090A, 20.81.090A, 88-32 20.82.090A November 23, 1988 Chapter 20.79 88-39 December 14, 1988 20.87.140 88-43 January 11, 1989 Chapter 20.78 88-46 March 15, 1989 20.30.040 C.(5) 89-3 20.30.035 D.(5) 89-4 July 26, 1989 Chapter 20.75 89-14 September 13, 1989 Chapter 20.07 89-19 20.01.046, 20.31.025, 20.32.025, 20.33.030A, 20.34.025, 20.35.025, 20.36.030, 20.41.035, 20.42.030, 20.53.030, 20.54.025B, 20.61.060C, 20.62.030F, 20.63.030C, 20.63.035F, 20.63.040C, 20.63.045(D), 20.82.020(D) September 27, 1989 20.78.025 89-22 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING - CONTINUED Effective Date Section Ordinance March 16, 1983 20.11.040, 20.15.080 8340 April 27, 1983 20.02.061, 20.02.063, 83-18 20.87.283 April ll, 1984 20.87.180 84-8 January 9, 1985 20.35.015, 20.36.020, 84-26 20.87.190 June 12, 1985 20.12.040, 20.13.04% 85-12 20.14.040, 20.15.040, 20.16.045, 20.17.045 June 27, 1985 20.83.010; 20.83.020 85-13 October 23, 1985 20.30.035(B), 20.30.040(B) 85-17 20.31.020, 20.32.020, 20.33.025, 20.34.020, 20.61.060(B), 20.62.040(B), 20.72.010, 20.72.020, • 20.72.030, 20.72.060, 20.72.100, 20.72.130, 20.72.140, October 23, 1985 20.02.090 85-26 May 28, 1986 Chapter 20.63 86-7 20.87.090 (B) 86-8 January 7, 1987 20.10.025 (M 86-31, August 12, 1987 20.73.015, 20.73.020, 87-37 20.73.025 August 26, 1987 20.01.046 87-38 January 13, 1988 20.06.080 87-47 February 24, 1988 Chapter 20.74 88-2 April 27, 1988 Chapter 20.77 88-6 May 25, 1988 20.02.064 88-10 k t; b.. REVISIONS SUBSEQUENT TO ORIGINAL PRINTING - CONTINUED Effective Date Section Ordinance June 23, 1980 20.42.025 No. 1844 June 23, 1980 20.81.010, 20.81.020, No. 1854 20.81.050, 20.81.060, 20.81.070, 20.81.075, 20.81.100 August 28, 1980 20.01.070, 20.80.090 No. 1861 20.81.090, 20.82.090 September 10, 1980 20.10.050, 20.11.030, 1856 20.12.075, 20.12.080, 20.13.070, 20.13.075, 20.14.070, 20.14.075 20.15.070, 20.15.075, 20.16.075, 20.16.080 20.17.075, 20.17.080 20.33.030F, 20.83.090(b), 20.87.190, 20.87.260 December 10, 1980 Chapter 20.74 1870 • January 7, 1981 20.73.010 (E) 1871 April 22, 1981 20.10.035, 20.10.045, 1876 20.10.050, 20.83.070, 20.83.090, 20.87.260, 20.87.320 July 23, 1981 20.13.025, 20.14.025 1882 December 9, 1981 20.87.260 1889 February 11, 1982 Chapter 20.20 1894 20.62.050 1895 August 25, 1982 Chapter 20.76 82-14 September 8, 1982 Chapter 20.75 82-13 October 13, 1982 20.10.035 82-19 February 9, 1983 20.01.046 83-2 February 23, 1983 Chapter 20.75 - Repealed 83-6 20.87.264 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING Effective Date SectionOrdinance • December 14, 1977 Chapter 20.06, No. 1753 20.10.015, 20.13.015, 20.14.015, 20.15.015, 20.16.015, 20.16.020, 20.17.015, 20.17.020, 20.30.015, 20.31.015, 20.32.015, 20.32.020, 20.33.020, 20.34.015, 20.34.020, 20.35.015, 20.35.020, 20.36.020, 20.36.025, 20.40.015(D), 20.41.020, 20.41.0251 20.42.020, 20.62.040, 20.62.050, 20.70.060(m), 20.12.015 December 14, 1977 Chapter 20.11, No. 1754 Chapter 20.15 July 26, 1978 20.01.070 C No. 1769 September 28, 1978 20.87.085, 20.87.263, No. 1774 • 20.30.020(G), 20.40.020(G) 20.51.027(G) February 7, 1979 20.81.070 No. 1788 February 7, 1979 20.10.025(B) No. 1789 February 21, 1979 20.02.050(E) No. 1793 April 25, 1979 20.51.080 No. 1798 June 13, 1979 20.87.140, 20.87.180 No. 1804 September 10, 1979 Chapter 20.73 No. 1817 October 31, 1979 20.02.050(F) No. 1822 December 12, 1979 20.11.020, 20.15.025 No. 1824 December 10, 1979 20.87.140 No. 1830 January 21, 1980 20.10.040 No. 1834 January 21, 1980 20.50.032 No. 1834 REVISIONS SUBSEQUENT TO ORIGINAL PRINTING Effective Date Section Ordinance May 26, 1976 20.30.035(C) No. 1663 July 28, 1976 20.01.070(E), 20.50.030(A), 20.51.035, 20.80.030, 20.80.070(A), 20.81.050(C), 20.81.070(B), 20.81.070(E)(1), 20.82.020(A), 20.82.060(A), 20.84.020, 20.84.050 No. 1686 October 27, 1976 20.80.050, 20.81.040, 20.82.040, 20.84.030 No. 1695 October 27, 1976 20.02.060, 20.02.061, 20.02.062, 20.02.063 No. 1696 December 22, 1976 20.80.090 No. 1700 March 30, 1977 20.80.050(B), 20.80.077, 20.81.040, 20.81.075, 20.82.040, 20.82.080, 20.84.030, 20.84.070 No. 1705 March 30, 1977 20.82.070 No. 1706 April 13, 1977 20.81.090 No. 1716 April 13, 1977 20.61.060 No. 1717 May 11, 1977 20.87.090 No. 1723 June 8, 1977 Chapter 20.52 No. 1730 June 8, 1977 Chapter 20.62 No. 1718 September 7, 1977 20.83.045 No. 1745 October 12, 1977 20.42.045 No. 1751 i PLANNINQ AND ZQN,INQ Title 20 PLANNING AND ZONING Chapters: rPART I: GENERAL PROVISIONS 20.01 i` Purpose of Title - Districts Designated 20.02 Height Limits 20.03 Report of Residential Building Records 20.06 Sign Ordinance 20.07 Floor Area Ratios and Building Bulk 20.08 Transportation Demand Management Ordinance PART II: RESIDENTIAL DISTRICTS 20.10 General Controls - Residential Districts 20.11 Residential Development Standards 20.12 R-A District 20.13 R-1 District 20.14 R-1.5 District 20.15 R-2 District 20.1 R-3 District 20.17 R-4 District 20.18 'B" Combining District 20.19 Multi-Family Residential (MFR) District 20.20 Mobile Home Parks PART III: COMMERCIAL DISTRICTS 20.30 General Controls - Commercial Districts 20.31 A-P District 20.32 C-N District 20.33 Commercial District Regulations 20.34 C-O District 20.35 C-1 District 20.36 C-2 District 20.37 -R District PART IV: INDUSTRIAL DISTRICTS 20.40 General Controls - Industrial Districts 20.41 M-1 District 20.42 M-1-A District PART V: SPECIAL PLANNING DISTRICTS 20.50 Planned Residential Development 20.51 Planned Community District y ss�,. Planning and Zoning - Chapters: 20.52 Open Space District 20.53 "U" District 20.54 Governmental, Educational, and Institutional Facilities District PART VI: SPECIFIC AREA PLANS 20.60 Specific Plan District 20.61 Newport Shores Specific Area Plan 20.62 Mariners' Mile Specific Plan District 20.63 Cannery Village/McFadden Square Specific Plan District 20.65 Central Balboa Specific Area Plan PART VII: SPECIAL USE REGULATIONS 20.67 Recyclable Materials 20.68 Massage Establishments 20.69 Low and Moderate Income Housing Within the Coastal Zone 20.70 Automobile Service Stations 20.71 Oil Wells 20.72 Restaurants 20.73 Residential Condominium Projects 20.74 Adult Entertainment Businesses 20.75 Satellite Dish Antennas 20.76 Time-Share Developments 20.77 Amateur Radio Antennas 20.78 Granny Units 20.79 Second Family Units PART VIII: ADMINISTRATION 20.80 Permits 20.81 Modifications Committee 20.82 Variances 20.83 Nonconforming Structures and Uses 20.84 Amendments 20.85 Appeals 20.86 Enforcement 20.87 Definitions I� Planning and Zoning - Chapters: 20.52 Open Space District 20.53 "U" District 20.54 Governmental, Educational, and Institutional Facilities District PART VI: SPECIFIC AREA PLANS 20.60 Specific Plan District 20.61 Newport Shores Specific Area Plan 20.62 Mariners' Mile Specific Plan District 20.63 Cannery Village/McFadden Square Specific Plan District 20.65 Central Balboa Specific Area Plan PART VII: SPECIAL USE REGULATIONS 20.68 Massage Establishments 20.69 Low and Moderate Income Housing Within the Coastal Zone 20.70 Automobile Service Stations 20.71 Oil Wells 20.72 Restaurants 20.73 Residential Condominium Projects 20.74 Adult Entertainment Businesses 20.75 Satellite Dish Antennas 20.76 Time-Share Developments 20.77 Amateur Radio Antennas 20.78 Granny Units 20.79 Second Family Units PART VIII: ADMINISTRATION 20.80 Permits 20.81 Modifications Committee 20.82 Variances 20.83 Nonconforming Structures and Uses 20.84 Amendments 20.85 Appeals 20.86 Enforcement 20.87 Definitions Planning and Zoning - iii 1 CLASSIFICATION EXPLANATION t DISTRICTS R-A Single-Family; Light Farming. R-1 Single-Family. R-1.5 Single-Family Dwellings or Duplexes. R-2 Single-Family Dwellings or One Duplex. R-3 Single-Family, Duplexes and Multiple Dwellings. R-4 Single-Family Dwellings, Duplexes, Apartments, Hotels, Motels. MFR Multi-Family Residential M-H-P Mobile Home Park Overlay Zone. A-P Professional Offices, Art Galleries, etc. • C-N Professional Offices, Retail Stores, Neighborhood Commercial, etc. C-R Retail or Personal Service Establishments, residential uses in conjunction wtih permitted commercial uses. C-O Multiple Residential, Hotel, Motel, Professional Offices, and Retail Sales. C-1 Professional Offices, Retail Stores (Light Commercial), etc. C-2 Professional Offices, Retail and Wholesale Stores, etc. M-1 Retail and Wholesale, Light Industrial. M-1-A Administrative and Professional - Light Manufacturing. PC Planned Community - Provides for Development of Land, including various types of land uses as coordinated comprehensive projects. Planning and Zoning - iv CLASSIFICATION EXPLANATION O-S Open Space District. U District Not Precisely Zoned - Any Use of Land Requires Use Permit. G-E-I-F Governmental, Educational, and Institutional District COMBINING DISTRICTS B, B-1, Combining District for Residential Areas B-2, B-3 Designating: a. Lot Area b. Lot Width C. Front yard requirements d. Rear yard requirements e. Side yard requirements f. Maximum lot coverage H Combining District for Commercial Areas Designating Parking Requirements. -R Residential Overlay District Z Combining District - Less Restrictive Designating Parking Requirements. PRD Planned Residential Development - Completely Planned, Large Scale, Residential Environment Permitted in Any "R" District. SPR Site Plan Review 1 I PART I: GENERAL PROVISIONS Chapters: 20.01 Purpose of Title - Districts Designated 20.02 Height Limits 20.03 Report of Residential Building Records 20.06 Sign Ordinance 20.07 Floor Area Ratios and Building Bulk 20.08. Transportation Demand Management Ordinance ii Page 1 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 Chapter 20.01 PURPOSE OF TITLE - DISTRICTS DESIGNATED Sections: 20.01.010 Short Title. 20.01.015 Purpose of Title. 20.01.020 Master Plan - Establishment.of Districts. 20.01.025 Compliance Required. 20.01.030 Effect and Intent of Title., 20.01.035 Permit or License Provisions Not Affected. 20.01.040 Districts Designated. 20.01.045 Special Districts Designated. 20.01.046 District Symbols. 20.01.050 Map Adopted by Reference. 20.01.055 Right-of-Way Boundaries. 20.01.060 Mapped Streets. 20.01.065 Mapped Streets - Exclusions. 20.01.070 Site Plan Review. 20.01.010 SHORT TITLE. This Title shall be known and cited as the Zoning Law of the City of Newport Beach. (1949 Code § 9112.1 added by Ord. 635; December 12, 1950). 20.01.015 PURPOSE OF TITLE. •The purpose of this Title is to promote the growth of the City of Newport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic stability of all districts within the City, and to assure the orderly and beneficial development of such areas. (1949 Code § 9101.0 added by Ord. 635; December 12, 1950). 20.01.020 MASTER PLAN - ESTABLISHMENT OF DISTRICTS. The Zoning or Districting Plan effectuated by this Title is a part of the Master Plan and consists of the establishment of various districts including all the territory within the boundaries of the City, within which the use of land and buildings, the space for build- ings and the height and bulk of buildings are regulated. (1949 Code § 9101.1 added by Ord. 635; December 12, 1950). Page 2 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 20,01.025 COMPLIANCE REQUIRED. No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose,other than as permitted by and in conformance with this Code and all other Ordinances, laws and maps referred to therein. (1949 Code § 9101.2 added by Ord. 635; December 12, 1950). 20.01.030 EFFECT AND INTENT OF TITLE. When interpreting and applying the provisions of this Title,it shall be held to represent the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by the adoption of this Title to repeal or in any way to impair or interfere with any existing provision of law of the City of Newport Beach, or any rules, regulations or permits previously adopted or issued or Which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any legal building or improvement; nor is it intended by this Title to interfere with or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this Title imposes greater restrictions than are imposed or required by other easements, covenants or agreements, than in such cases the provisions of this Title shall control. (1949 Code § 9109.5 added by Ord. 952; March 27, 1950). 20.01.035 PERMIT OR LICENSE PROVISIONS NOT AFFECTED. Nothing herein contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license or both to cover any business, trade or occupation. (1949 Code § 9110.1 added by Ord. 635; December 12, 1950). 20.01.040 DISTRICTS DESIGNATED. The several general districts established are as follows: Agricultural-Residential District or R-A District. Single-Family Residential District or R-1 District. R-1.5 District. Duplex Residential District or R-2 District. Restricted Multiple-Family Residential District or R-3 District. Multiple Residential District or R-4 District. Multi-Family Residential or MFR District Administrative and Professional District or A-P District. Neighborhood Commercial District or C-N District. Retail Service Commercial or RSC District. Administrative, Professional, & Financial Commercial or APF District, Recreational & Marine Commercial or RMC District. District. Light Commercial or C-1 District, General Commercial District or C-2 District. Page 3 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 Manufacturing District or M-1 District. Controlled Manufacturing District or M-1-A District. Open Space District or OS District. Unclassified or U District. Specific Plan District or SP District Planned Community District or PC District. (Ord. 92-46, December 9, 1992; Ord. 89-28, Dec. 27, 1989). 20.01.045, SPECIAL DISTRICTS DESIGNATED. In addition to the general districts established above, the following special districts are established which, when combined with the above general districts, establish additional special regulations: 'Combining or "-B" District. Combining or "-H" District. Combining or "-Z" District. Planned Residential Development. Mobile Home Park or "MHP" Overlay District. Site Plan Review or "SPR" Overlay District. Residential or "R-" Overlay District (Ord 90-30, August 8, 1990; Ord. 90-23, June 13, 1990; December 11, 1961; December 12, 1950 as amended by Ord. 984; 1949 Code § 9102.1 added by Ord. 635). 20.01.046 DISTRICT SYMBOLS. In addition to the district designations established under Sections 20.01.040 and 20.01.045, 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: "C-1 [0.5]" shall indicate that a fixed floor area ratio of 0.5 is permitted, as provided under Section 20.07.040 A. "C-1 [0.5/35]" 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 20.07.040 B. "C-1 [5,200 sf]" shall indicate that a total of 5,200 square feet of development is permitted in the area specified. Page 4 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20A1 (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. Example: " 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 20.19.035 B; "MFR (28 du)" shall indicate that a total of 28 dwelling units are permitted in the area specified. 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. (Ord.90.23,June 13, 1990;Ord. 89-19,Sept.13, 1989;Ord. 87-38 §August 26, 1987; Ord. 83-2 § February 9, 1983). 20.01.050 MAP ADOPTED BY REFERENCE. The designations, locations and boundaries of the districts established are delineated upon the maps entitled "Districting Map for the City of Newport Beach, California", dated November 27, 1950, which maps and any additional maps subsequently adopted and all notations and information thereon are hereby made a part of this Title by reference. (1949 Code$9102.2 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.01.055 RIGHT-OF-WAY BOUNDARIES, Any district adjoining any right-of-way extends to the center of such right-of-way. (1949 Code § 9102.3 added by Ord. 901;' December 28, 1959). 20.01.060 MAPPED STREETS, A. DEFINITIONS. For the purpose of this section the following terms,phrases,words and their derivations shall have the primary meanings given herein: (1) "Applicant" shall mean any person applying for a building permit within this City. (2) "Building line" shall mean that certain line established by the City Council as herein provided. Within the area of a lot between such building line and an abutting street right-of-way, no structure shall be erected, constructed or maintained except as set forth herein. ' Page 5 PURPOSE OF TITTLE - DISTRICTS DESIGNATED • Chapter 20.01 (3) "Building setback area" shall mean the area of a lot between the building line and abutting street 'fight-of-way, extending the full width of such lot. (4) "Gender." Any gender includes the other gender. (S) "General plan"shall mean a general plan or precise plan approved by the City Council,in accordance with applicable state law. (6) "Lot"shall mean any lot,parcel or other real property situated within the City. (7) "Mapped street" shall mean a future street which is laid out and delineated on the General Plan of the City, and on a map of such size, scale and detail that the precise alignment of such street is ascertainable, and shall mean any local,secondary,primary,or major street,whether existing or proposed,shown on map entitled "Master Plan, City of Newport Beach, California, Street and Highway," adopted by City Council Resolution No. 5224 on April 25, 1960, and all amendments thereto heretofore adopted. (8) "Notice of appeal" shall mean a written statement filed on a prescribed form, • appealing to the City Council an action or decision of the Planning Commission hereunder. (9) "Written Notice"shall mean a notice in writing, deposited in the United States mail, postage prepaid, addressed to the'1'ast known address of the designated addressee. (10) "Owner" shall mean any person entitled to the use or possession of real property. (11) "Person"shall mean any individual,firm,partnership,association,corporation, company or organization of any kind, including public agencies. (12) "Shall" and "may" mean mandatory and permissive, respectively. (13) "Singular" and "plural." The singular includes the plural and the plural includes the singular. (14) "Street" shall mean any street, highway, avenue, boulevard, road, alley, right-of-way, lane, place, square, walk or other public way which heretofore has been, or may hereafter, be dedicated or otherwise acquired by this city or other governmental agency for public street purposes. (15) "Structure" and "Building" .are synonymous and shall mean anything constructed'or erected from an assembly of materials or component parts and which is attached or affixed to realty or which is intended to rest other than temporarily thereupon, or which is attached to something having 'a fixed location on or below the ground. . Page 6 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 (16) 'Tenses." The present tense includes the past and future tenses, and where applicable vice versa. B. BUILDING LINES. Where a lot abuts a public street, a building line is hereby established on said lot parallel to the front lot line thereof and located, measured from the existing center of said street, a distance equal to the required depth of the front yard of said lot (as prescribed by the zoning ordinance), plus a distance equal to 1/2 of the ultimate width of said abutting street as such ultimate width is shown on the General Plan. C. PROTECTION OF RIGHTS-OF-WAY FOR FUTURE WIDENING OF EXISTING STREETS AND FOR MAPPED STREETS. (1) Establishment of future streets. In accordance with applicable provisions of state law, the City Council may designate and delineate mapped streets and make the same as part of the General Plan. When any such mapped street has been so established, no person shall construct, install or maintain any structure within the right-of-way thereof; except as hereinafter specifically provided. (2) Building links on partially dedicated streets. Where a lot or lots abut a street or streets upon which there has been a previous determination by the Planning Commission and City Council that only a portion of the ultimate street width has been acquired, the City Council shall determine the precise ultimate street width and shall adopt the same as a mapped street on the General Plan, and thereafter such alignment shall be the basis for the establishment of a building line, as provided in Section 20.01.060 B hereof. (3) Amendment of the General Plan. Proceedings to amend the General Plan by the designation of mapped streets for proposed widenings along any existing street or portion thereof or for any future street may be initiated by the Planning Commission, by the City Council, or by any person filing a petition therefore with the Planning Commission, The Planning Commission shall thereupon process the matter as an amendment to the General Plan. Upon receiving such a recommendation of the Planning Commission and whenever the public peace, health, safety, interest or welfare is found to so require, the City Council may establish the proposed width of such street or streets, and the alignment of such future streets, and thereupon shall cause the General Plan to be amended accordingly as provided by state law. D. BUILDING PERMITS; RESTRICTIONS. No building permit shall be issued for the construction of any structure in any building setback area, or in the right-of-way of any mapped street. Temporary structures such as walls,fences, signs or other easily removable structures, involving a cost of not to exceed One Thousand Dollars ($1,000), may be permitted in such area with the approval of the Community Development Director. Page 7 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 E. ADMINISTRATIVE RELIEF. (1) Hearings. Any applicant aggrieved by the denial or conditional approval of a building permit pursuant to Section 20.01.060 D hereof may, by written notice, request a hearing on such matter before the Planning Commission. The Planning Commission shall thereupon, and within forty (40) days thereafter,hold a hearing at which the applicant and other interested persons shall be given the opportunity to be heard. At least ten (10) days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed by certified mail to the applicant and to any other person requesting such notice. a. The Planning Commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true: That the denial of the building permit, because of the nature of the land or other unique circumstances, will cause substantial damage to the applicant; or that, in balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, it is determined that the issuance of the building permit is required in the interests of justice and equity. b. The Planning Commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true: That the applicant will not be substantially damaged by relocating the proposed structure on the lot elsewhere than in the building setback area or in the mapped street; or that, in balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would accrue from so using the property. C. The Planning Commission may attach reasonable conditions to its decision. d. The applicant shall be given written notice of the action taken by the Planning Commission. (2) Appeals. Any person dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within twenty-one (21) days after the date of the mailing of the notice of the decision of the Planning Commission. The City Council shall set the matter before it within thirty (30) days; and shall, at least ten (10) days prior to the date fixed for the hearing, cause written notice of the time and place thereof to be given to the appellant, the applicant and to any other person requesting the same. The procedure before Page 8 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 the City Council shall be the same as for the Planning Commission, and the applicant and appellant shall be notified of the decision of the City Council. F. ACQUISITION. After exhaustion of administrative relief as provided in Section 20.01.060 E(2) hereof, any applicant dissatisfied with the final decision may, by written notice filed within fifteen(15) days after the date of the mailing of the notice of the decision of the City Council, demand that the City acquire, by eminent domain or other available proceeding, the land belonging to the applicant and located within the right-of-way of the mapped street. Upon failure of the City Council, within six (6) months thereafter, to commence such acquisition proceedings,or thereafter with reasonable diligence to prosecute the same to completion, the applicant may reapply for such building permit and thereupon such building permit shall be issued. The provisions of subsections E and F above shall not apply where the dedication of the building setback area or right-of-way of any mapped street has been required as a condition of approval of a subdivision or use permit. G. EXISTING STRUCTURES; RETROACTIVITY. Structures existing on building setback areas and in mapped streets on the effective date of this section shall be deemed to be legal nonconforming structures, subject to the regulations, limitations, abatement and amortization provided in the Zoning Law. H. COMPLIANCE WITH OTHER LAW. This section shall not permit the - construction, erection,placing or maintenance of any structure at any place where the same is prohibited by any other law, regulation or ordinance. I. The provisions of this section shall not apply to the installation of underground public utility facilities except to the extent that the location of such facilities shall be approved by written permit from the City Engineer. (Ord. 1415 2, 1971: Ord, 1176 § 3, 1966: Ord. 932, 1960: 1949 Code § 9105.9(b). 20.01.065 MAPPED STREETS - EXCLUSIONS. The hereinafter described portions of mapped streets as shown on that map entitled "Master Plan, City of Newport Beach, California, Street and Highway," adopted by City Council Resolution No. 5224, shall be excluded from the provisions of Section 20.01.060 unless hereafter so designated as mapped streets as provided herein: (a) Balboa Boulevard between 45th and 32nd Streets. (b) Balboa Boulevard between Alvarado Street and 6th Street. (c) Newport Boulevard between 30th Street and McFadden Place. (d) Irvine Avenue between 16th Street and Cliff Drive. (e) Marguerite Avenue between 5th Avenue and Ocean Boulevard. (Ord. 1176 § 4, 1966: Ord, 932, 1960: 1949 Code § 9105.9(c)). 20.01.070 SITE PLAN REVIEW. A. PURPOSE. The City Council finds that developments in certain sensitive areas may have potentially adverse effects on the surrounding area or on sensitive resources, or may interfere with the implementation of specific objectives of the General Plan or Specific Area Page 9 PURPOSE OF T1TLE - DISTRICTS DESIGNATED Chapter 20.01 Section is to establish a"Site Plan Review " SPR overlay district Plans. The effect of this Sect (SPR) Y and to require Site Plan Review by the Planning Commission for any proposed development, except as provided in Sub-section C, within an SPR Overlay District to insure that the project conforms to the objectives of the General Plan. B. FINDINGS. The City Council finds, determines and declares that the establishment of Site Plan Review procedures contained in this Section Promotes the health, safety, and general welfare of the community by ensuring that: (1) Development of properties in the SPR Overlay District will not preclude implementation of specific General Plan or Specific Area Plan objectives and policies. (2) The value of property is protected by preventing development characterized by inadequate and poorly planned landscaping,excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area. (3) The benefits derived from expenditures of public funds for improvement, acquisition and beautification of streets, parks, and other public facilities are maximized by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. (4) Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. C. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, to be constructed,or existing building to be reconstructed or remodeled to increase the gross floor area or increase the roofline or height, within the SPR Overlay District or other property which has been designated for Site Plan Review as a condition of approval for a resubdivision or tract map by the Planning Commission or City Council, and the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.02.026. Except as provided in Chapter 20.60, Specific Plan District, no site shall be placed in the SPR Overlay District or be otherwise subject to Site Plan Review unless one of the following ,10 criteria is met: (1) The site contains areas having a slope in excess of 26.6 degrees (50 % slope). (2) The site contains or is immediately adjacent to coastal bluffs. Page 10 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 (3) Development of the site has the potential to affect public views. (4) Development of the site has the potential to affect environmentally sensitive areas including: a. Areas supporting species which are rare, endangered, of limited distribution, or otherwise sensitive. b. Riparian areas. C. Freshwater marshes. d. Saltwater marshes. e. Intertidal areas. f. Other wetlands. g. Unique or unusually diverse vegetative communities. (5) The site is located in a geologic hazard area, as described in the General Plan. (6) The site is in a Residential District subject to noise levels greater than the 60 Community Noise Equivalent Level (CNEL). (7) The site contains significant historical or archaeological resources or is in an area of unique historical or archaeological interest. (8) The site is immediately adjacent to a thoroughfare designated as a Scenic Highway or Scenic Drive in the Recreation and Open Space Element of the General Plan. (9) The site is immediately adjacent to the ocean or bay. (10) The site directly abuts a residential district, but is located in a district designated for nonresidential use. (11) A density bonus is proposed, or has been granted, for the site. D. PLANS AND DIAGRAMS TO BE SUBMITTED. The following plans and diagrams shall be submitted to the Planning Commission for approval: (1) A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking and off-street loading areas, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street 'L -- - Page 11 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. (2) A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. (3) Grading plans,when necessary to ensure development properly related to the site and to surrounding properties and structures. (4) Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. (5) Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. • (6) Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. FEE. The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. (Ord. 1686, 8 1, 1976) F. STANDARDS. In addition to the general purposes set forth in Sub-section B, in order to carry out the purposes of this chapter as established by said section, the site plan review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: (1) Sites subject to Site Plan Review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed; (2) Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; (3) Development shall be sited and designed to maximize protection of public views, with special consideration given to views from public parks and from roadways designated as Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan; Page 12 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 (4) Environmentally sensitive area's shall be preserved and protected. No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council,on review or appeal,finds that the benefits outweigh the adverse impacts; (5) No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; (6) Residential development shall be permitted in areas subject to noise levels greater than 60 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 60 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less; (7) Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development; (8) Development shall be consistent with specific General. Plan and applicable Specific Area Plan policies and objectives, and shall not preclude the implementation of those policies and objectives; (9) Development shall be physically compatible with the development site,taking into consideration site characteristics including, but not limited to, slopes, submerged areas and sensitive resources; g , (10) When feasible, electrical and similar mechanical equipment and trash and storage areas shall be concealed; (11) Archaeological and historical resources shall be protected to the extent feasible; (12) Commercial development shall not have significant adverse effects on residences in an abutting residential district. G. PUBLIC HEARING-REQUIRED NOTICE. A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten(10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, _ to owners of property within a radius of three hundred (300)feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. Page 13 PURPOSE OF TITLE - DISTRICTS DESIGNATED Chapter 20.01 H. ACTION BY THE PLANNING COMMISSION. If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective fourteen (14) days following the Commission action thereon unless, within the fourteen (14) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than fourteen (14) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. I. APPEAL TO THE CITY COUNCIL. Any Site Plan Review decision of the • Commission may be appealed to the City Council by the applicant or any other person, at any time within fourteen (14) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate,with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompained by a fee as established by Resolution of the City Council. J. ACTION BY THE CITY COUNCIL. An appeal shall be heard and acted on by the City Council, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K. EXPIRATION AND REVOCATION OF SITE PLAN REVIEW APPROVALS. (1) Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within 24 months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently con- struction is diligently pursued until completion,unless at the time of approval the Planning Commission has specified a different period of time. (2) Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection therewith. (3) Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the Page 13-1 PURPOSE OF Tniy,- DISTRICTSDESIGNATED Chapter 20.01 recommendation of the Planning Commission. (Ord.95-38,October 11,1995; Ord. 94-20, May 25, 1994; Ord. 91-8, March 27, 1991; Ord. 89 24, Oct. 11, 1989; Ord. 1769 J31, 1978; Ord. 1686 A 1, 1976.) Page 14 HEIGHT LIMITS Chapter 20.02 HEI 111 LIMITS Chapter 20.02 HEIGHT LIMITS Sections: 20.02.010 Intent and Purpose. 20.02.020 Effect of Chapter. 20.02.025 Definitions. 20.02.026 Establishment of Grade. 20.02.030 Height Limitation Zones. 20.02.035 Planned Community Districts. 20.02.040 Planning Commission or City Council Review. 20.02.050 Existing Structures and Permits. 20.02.060 Chimneys and Vents. 20.02.061 Architectural Features and Solar Equipment. 20.02.062 Flag Poles. 20.02.063 Parapet Walls, Elevator and Mechanical Penthouses, and Mechanical Equipment. 20.02.065 Skylights and Roof Windows. 20.02.070 Fences, Walls, and Plantings. 20.02.071 Special Districts. 20.02.080 Church Exception. 20.02,090 Airport Height Limits. 20.02.010 INTENT AND PURPOSE. The intent and purpose of this Chapter is to establish regulations on the height of buildings throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved during that time when the General Plan is being developed. This chapter creates five (5) height limitation zones which govern building height but allow design flexibility with City review. These regulations shall be reviewed and revised as necessary following the adoption of the General Plan. (Ord. 1454 § 4 (part), 1972). 20.02.020 EFFECT OF CHAPTER. All Sections of this Title shall be subject to the provisions of this Chapter. (Ord. 1454 § 4 (part), 1972). 20.02.025 DEFINITIONS. A. HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the permitted height in the height limitation zone. Page 15 HEIGHT LIMITS Chapter 20.02 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 limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade,whichever is higher. Pad elevation is determined 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 pad 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. (Ord. 92-22,June 25, 1992; Ord. 90-43, January 9, 1991) 20.02.026 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 Chapter 20.02 is fulfilled. The establishment of grade by the Planning Commission or by the City Council upon appeal or review of the decision of the Planning Commission, shall require the approval of a Site Plan Review which shall be obtained in accordance with Section 20.01.070. A. FINDINGS. In order to establish grade, the Planning Commission or the City Council, upon appeal or review of the decision of the Planning Commission, shall make the following findings in addition to those required by Section 20.10.070: 1. 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, Page 16 HEIGHT LIMITS Chapter 20.02 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. 2. 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. 3. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. (Ord. 91-8, March 27, 1991; Ord. 90-43, January 9, 1991). 20.02.030 HEIGHT LIMITATION ZONES. In addition to the development standards established in the various districts, there shall be five (5) height limitation zones within the City. The designations,locations,and boundaries of these height limitation zones shall be as shown on the "Official Height Limitation Zones Map," incorporated herein and made a part hereof by this reference. In each height limitation zone the maximum permitted height shall be measured in accordance with the definitions contained in Chapter 20.87. A. 24/28 FOOT HEIGHT LIMITATION ZONE. In the 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 after the adoption of a Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all R-A,- R-1, R-1.5, R-2, and OS Districts. B. 28/32 FOOT HEIGHT LIMITATION ZONE. In the 28/32 Foot Height Limitation Zone the maximum height limit shall be 28 feet; provided, however, that structures may exceed 28 feet up to a maximum of 32 feet in an adopted Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all R-3 and R-4 Districts. C. 26/35 FOOT HEIGHT LIMITATION ZONE. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, that a structure may exceed 26 feet up to a maximum of 35 feet after the adoption of a Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all Zone Districts, other than R-A, R-1, R-1.5, R-2, R-3, and R-4, within the area known as the Shoreline Height Limitation Zone, more particularly described as follows: Beginning at the intersection of the westerly city boundary of Newport Beach and the centerline of West Coast Highway as established per Annexation No. 66 of the City of Newport Beach; thence northerly, easterly and southerly along the city boundary Page 17 I-W'1GHT LIMITS Chapter 20.02 of Newport Beach to the northerly line of Annexation No. 25 of said city biting the northerly line of West Coast Highway; thence easterly along said northerly litre of West Coast Highway to the westerly line of Annexation No. 55; thence northerly along said westerly line to a line parallel with and 250' northerly(measuied at right angles) from the centerline of West Coast Highway; thence easterly along said parallel line to a point 30 feet easterly of the centerline of Superior Avenue; thence southerly along a line parallel to the easterly line of Lot 172 of Block 1 in Irvine Subdivision to a point on the northerly line of West Coast Highway; thence easterly along said northerly right of way fine of West Coast Highway to an intersection with the southwesterly prolongation of the centerline of Santa Ana' Avenue; thence northeasterly along said prolongation and along the centerline of Santa Ana Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street to the centerline of Riverside Avenue; thence southwesterly along the centerline of Riverside Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street and along a line parallel with and 375' northerly(measured at right angle) from the centerline of West Coast Highway to an intersection with the northwesterly boundary line of Tract No. 1221; thence southwesterly, southerly and easterly along said boundary line and easterly along the northerly boundary line of Tract No. 1210 to the centerline of Dover Drive; thence northerly along the centerline of Dover Drive to the westerly, prolongation of the northerly line of Lot 1, Tract No, 1125; thence easterly along said prolongation and along said northerly line to the northwesterly line of Upper Newport Bay as established per Superior Court Case No. 20436; thence northerly and easterly along said line of Upper Newport Bay to Sta. 65 per Superior Court Case No; 20436; thence easterly to a natural contour line having an elevation of 25.00 ft, above Mean Sea Level; thence easterly along said contour line to Jamboree Road;thence southerly along Jamboree Road to Eastbluff Drive; thence southwesterly along Rastbluff Drive to Backbay Drive as described in the deed recorded in Book 6901,page 207 of Official Records of Orange County; thence westerly along said Backbay Drive; thence westerly and southerly along Backbay Drive as described in the deed recorded in Book 1037,page 269 of Official Records of Orange County to the northwesterly prolongation of the northerly line of Tract No. 6230; thence easterly along the northerly line of said Tract to the most easterly corner of Lot 83 of said Tract; thence southwesterly along the southeasterly line of said Lot 83 to the centerline of Vista Del Playa; thence southerly along Vista Del Playa to the centerline of Vista Del Oro; thence in a southerly direction along the centerline of Vista Del Oro to the westerly boundary of Tract No. 5877; thence southerly and easterly along the boundary of said Tract 5877 and easterly along the southerly boundary of Tract No.5425 to Jamboree Road; thence southerly along Jamboree Road to the northerly line of Tract No. 6947; thence westerly along said northerly line and its westerly prolongation to the last said Backbay Drive; thence southerly along Backbay Drive to the northerly line of Parcel 2 per map recorded in Book 17, page 3 of Parcel Maps; thence easterly along said northerly line of Parcel 2 to the northwesterly line of Jamboree Road; thence southwesterly along said northwesterly line of Jamboree Road to the centerline of Backbay Drive;thence northwesterly along said centerline to a line parallel with and 100,00' northwesterly (measured at right angles) from the northwesterly line of Jamboree Road;thence southwesterly 700.00' along said parallel line;thence westerly Page 18 HEIGHT LIMITS Chapter 20.02 1 in a direct line to a point on a line 150.00 feet south of Sta. 19 as established per Superior Court Case No. 20436, said line being parallel with the centerline of East Coast Highway; thence westerly along said parallel line to a natural contour line having an elevation of 25 feet above Mean Sea Level; thence westerly and southerly along said contour line having an elevation of 25.00 feet above Mean Sea Level to the centerline of East Coast Highway; thence continuing southerly and easterly along said contour line to the centerline of Jamboree Road; thence southerly and easterly along the centerline of Jamboree Road to the centerline of Bayside Drive; thence southeasterly along the centerline of Bayside Drive to the centerline of Bayside Place; thence southwesterly along the centerline of Bayside Place to a natural contour line having an elevation of 25.00 feet above Mean Sea Level; thence southerly and easterly along said contour line to the southerly boundary line of Tract No. 1116; thence southerly along said boundary line of Tract No. 1116 and along the southerly boundary line of Tract No. 3357 to the easterly city boundary of Newport Beach, as established per Annexation No. 68; thence southwesterly, westerly and northeasterly along the city boundary of Newport Beach to the Point of Beginning. (Ord. 92-3, June 25, 1992) D. 32/50 FOOT HEIGHT LIMITATION ZONE. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be 32 feet; provided,,however, that a structure may exceed 32 feet up to a maximum of 50 feet after the adoption of a Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all Zone Districts other than R-A, R-1, R-1.5, R-2, R-3, and R-4 which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High-Rise Height Limitation Zone. E. HIGH RISE HEIGHT LIMITATION ZONE. In the High Rise Height Limitation Zone the height limit for any structure shall not exceed 375 feet. (Ord. 1493 § 1, 1973: Prior Ord. 1454 § 4, 1972). 20.02.035 PLANNED COMMUNITY DISTRICTS. In each Planned Community District established subsequent to the adoption of Chapter 20.02, the height limits shall be established as part of the Planned Community Development Plan; provided, however, that in no event shall the development exceed the height limits permitted in the height limitation zones as set forth under Section 20.02.030 and as designated below: A. 24/28 FOOT HEIGHT LIMITATION ZONE. (1) Upper Newport Bay Planned Community as established by Ordinance No. 1537 adopted December 17, 1973 (Amendment No. 409). (Ord. 1554 § 1, 1974). jol 20.02.040 PLANNING COMMISSION OR CITY COUNCIL REVIEW. The Planning Commission or City Council in approving any Planned Community District, any Specific Area Plan, or in granting any Use Permit for structures in excess of the basic height limit in any zone shall find that each of the following four points have been complied with: Page 19 MIGHT LIMITS Chapter 20,02 WO (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 byildinf height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. (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. (Ord. 1454 $ 4 (part), 19.72). 20.02,050 EXISTING STRUCIURP,S AND PERMITS. A. Structures which were in existence or under construction on the effective date of this ordinance, and which do not conform to these regulations may be continued or altered;provided,that the changes do not result in a greater nonconformity than was- existing. B. Structures for which building permits have been issued or for which use permits have been issued, on the effective date of this ordinance, and which do not conform to these regulations, may be constructed according to the approved plans. C. Proposed structures within a Planned Community District adopted prior to the effective date of this ordinance may be constructed in accordance with the height limits contained within the Planned Community Text;provided, however, that a Use Permit shall be required for any structure which exceeds the height limits established by this Chapter. D. The use permit application fee shall be waived for any single family home in the R-1 District which is replacing a structure which was in existence on the effective date of this Chapter. E. Structures on the bluff side of Kings Road and Kings Place which were in existence or under construction on the effective date of this ordinance may be changed provided such change does not result in a roof height above curb which is higher than 16.23 feet and provided further that the roof height does not exceed the height limit established by the 24/28 Height Limitation Zone. New structures may be - constructed on vacant building sites subject to the same criteria. Page 19-1 HEIGHT LIMITS Chapter 20.02 F. 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 ordinance 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 ordinance, 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 building site located on the bluff side of Ocean Boulevard. Where a question arises as to the interpretation of this ordinance, the Planning Director shall review and render a decision. New structures may be constructed on vacant building sites subject to the same criteria. (Ord. 94-21, May 25, 1994; Ord. 1822 § 1, 1979; Ord. 1793 § 1, 1979; Ord. 1454 § 4 (part), 1972). 20.02.060 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 twelve (12) inches for the provision of spark arrestor apparatus or architectural features of a decorative screening nature. Any such structures or features exceeding the Uniform Building Code requirements shall be subject to the following criteria: a. That the overall dimensions of the chimney shall be limited to a maximum width of two feet by a maximum length of four feet for any portion of the structure which exceeds the Uniform Building Code requirements. b. 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 twelve (12) inches for spark arrestor apparatus or architectural features of a decorative screening nature, shall be subject to the approval of the Modifications Committee. (Ord. 92-44, September 23, 1992; Ord. 91-10, March 27, 1991; Ord. 1696 § 1, 1976; Ord. 1454 § 4 (part), 1972). 20.02.061 ARCHITECTURAL FEATURES AND SOLAR EQUIPMENT. Architectural features such as, but not limited to, cupolas, weathervanes, wrought iron railings, and other decorative roof-top features of an open nature, and solar equipment, maybe permitted in excess of permitted height limits subject to the approval of the Modifications Committee. (Ord. 92-7, May 13, 1992; Ord. 1696 § 2, 1976, and as amended by Ord. 83-18 § 1; April 27, 1983) 20.02.062 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. Flag poles 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. (Ord. 1696 § 3, 1976). Page 19-2 HEIGHT LIMITS Chapter 20.02 20.02.663 PARAPET WALLS, ELEVATOR AND MECHANICAL PENTHOUSES, AND MECHANICAL EQUIPMENT. Parapet was, elevator and mechanical penthouses, and mechanical equipment (excluding solar equipment), and other items not expressly permitted in excess of the height limits shall be prohibited. (Ord. 83-18 § 1, April 27, 1983; Ord. 1696 § 4, 1976). 20.02.064 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 is located, up to a maximum operating height of 70 feet, subject to the approval of the Planning Commission. (Ord. 88-10 § 1; May, 25, 1988). 20,02.065 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 openabie 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: a. 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 six (6) inches above the average roof height as provided by the Height Limitation Zone, or six (6) inches above the finished surface of a conforming roof structure, whichever is less. b. 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 six (6) inches above the finished surface of the conforming roof structure. C. 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. (Ord. 91-29, August 21, 1991). 20.02.070 FENCES,WALLS,AND PLANTINGS. No fence,wall,hedge, or screen planting of any kind shall hereafter be constructed or grown to exceed 6 feet in height within any required side yard to the rear of the front setback or in any required rear yard. Fences, walls, hedges and screen planting shall be limited to 3 feet in height above natural grade in all required front yard setback areas (including any required side yard betwe en the front property line and the required front setback line), except as permitted by Section 20.02.071. Fences, walls and screen planting shall be limited to 3 feet in height within any required front yard setback area of up to a maximum of 10 feet, that is within Page 19-3 HEIGHT LIMITS Chapter 20.02 60 feet of the intersection of two street rights of way. A sight distance "triangle" shall also be required for fences, walls and screen planting, not to exceed 3 feet in height,within any required side yard setback that is within 15 feet of the intersection of a street right of way and an alley, within 15 feet of the intersection of two alleys, or within 5 feet of the comer of any intersecting street right of way and a driveway. Elevations for construction within required sight distance "triangles" shall be measured from the adjacent top of curb height. In cases where there is a difference of 6 feet or more in elevation between the building sites of abutting lots, no fence, wall, hedge or screen planting shall hereafter be constructed or grown in any yard area of the lower lot adjacent to the lot line of the higher lot to a height in excess of 3 feet above the elevation of the building site of the higher lot. The Planning Commission may by resolution,adopt such general standards or conditions for its guidance as it deems necessary to insure to the adjacent property owners the full use of their land. (Ord. 93-10, June 23, 1993; Ord. 88-31, October 12, 1988; Ord. 1454 & 4 (part), 1972). 20.02.071 SPECIAL DISTRICTS. For purposes of this chapter, special districts shall be described as those delineated in Section 20.11.010(A) and (B) of the Municipal Code (more commonly known as Old Corona del Mar, West Newport and the Balboa Peninsula), as well as Balboa Island. Within said districts, fences and walls, except as noted below, shall be limited to a height of 5 feet above the natural grade in all required front yard setbacks (the upper 3 feet of which must be At least 40% open). In addition, areas where the existing grade is in excess of 2 feet in height above the adjacent sidewalk(or curb elevation where no sidewalk exists), a maximum 2 foot high retaining wall shall be permitted to be located at the front property line. Any additional maximum 3 foot high retaining walls shall be permitted a minimum distance of 2 feet from the face of the preceding retaining wall with subsequent retaining walls subject to the same limitation. A maximum 3 foot high fence or wall (at least 40% open) shall be permitted atop the highest retaining wall for safety purposes. Exception: Fences, walls, hedges and screen planting shall not exceed a height of 3 feet above the natural grade in all required front yard setback areas adjacent to the channels in West Newport or the bay on the Balboa Peninsula. (Ord. 93-10, June 23, 1993). Exception: Fences, walls, hedges and screenplanting shall not exceed a height of 5 feet above the natural grade in all required front yard setback areas adjacent to North Bay Front and South Bay Front on Balboa Island (the upper 2 feet 6 inches of which must be at least 40% open. (Ord. 94-35, August 10, 1994). 20.02.080 CHURCH EXCEPTION. Church structures used for church purposes shall be exempt from the restrictions of this Chapter,except that any such structure exceeding 35 feet in height shall require a use permit. (Ord. 1454 § 4 (part), 1972). 20.02.090 AIRPORT HEIGHT LIMITS. Any project which requires a notice of construction or alteration by the Federal Aviation Administration Regulations Part 77 shall require FAA compliance, and the applicant shall submit a copy of the FAA Page 19.4 HEIGHT LIMITS Chapter 20.02 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 detertm`natiori shall Bereferred 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 (AE?LUP). (Ord. 85-26, October 23, 1985). Page 21 SIGN ORDINANCE Chapter 20.06 Chapter 20.06 SIGN ORDINANCE Sections: 20.06.010 Effect of Chapter. 20.06.020 Intent and Purpose. 20.06.030 Definitions. 20.06.040 General Provisions. 20.06.050 Permitted Signs. 20.06.060 Offsite Signs. 20.06.070 Design Criteria. 20.06.080 Temporary Signs. 20.06.090 Exceptions. 20.06.100 Modifications. 20.06.110 Nonconforming Signs. 20.06.010 EFFECT OF CHAPTER. The following regulations shall apply to all zoning districts, except the Planned Community District in which the Planned Community Development Standards for,signs shall apply. In addition to the regulations of this Chapter, the provisions of Chapter 15.16 relating to building codes, sign permits,fees, penalties and a method of enforcement shall apply. Where a use permit, variance, modificatiod or site plan review procedure has been used, any applicable conditions of that approval shall supersede this Chapter. 20.06.020 INTENT AND PURPOSE. The purpose of this Chapter is to provide minimum standards to safeguard life, health, property and the public welfare, and to provide the means for adequate identification and advertisement of businesses by regulating and controlling the design, location, and maintenance of all signs and sign structures in the City. 20.06.030 DEFINITIONS. The following terms used in this ordinance shall have the meanings indicated below: BUILDING LINE. The term 'Building Line" shall mean the setback line established by ordinance beyond which no building may extend. A building line may be a property line. COMBINATION SIGN. The term"Combination Sign" shall mean any sign incorporating any combination of the features of ground, projecting and roof signs. Each portion of a sign which is subject to more than ,one classification shall meet the requirements for the classification to which such portion is subject. Page 22 SIGN ORDINANCE Chapter 20.06 DISPLAY SURFACE. The term"Display Surface"shall mean the area made available by the sign structure for the purpose of displaying the advertising message. ELECTRICAL SIGN. The term "Electrical Sign" shall mean any sign illuminated by electric lighting devices which are fastened to the surface or mounted on the interior of the sign. GROUND SIGN, POLE SIGN. The term "Ground Sign" or "Pole Sign" shall mean tiny sign which is supported by one or more uprights, poles or braces in or upon the ground which are not a part of any building or enclosed within the exterior walls of any building and are separated therefrom by a distance of at least 6 inches. MARQUEE. The term"Marquee" shall mean a permanent roofed structure attached to and supported by a building and projecting over public property. MOVING SIGN. The term"Moving Sign" shall mean any advertising structure which has any visibly moving or revolving parts which are more than 2 inches in any diameter, except clocks. NONSTRUCTURAL TRIM. The term "Nonstructural Trim" shall mean the molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. OFF-SITE OPEN HOUSE SIGN. The term"Off-Site Open House Sign"shall mean a sign containing only the words "Open House," and the name of the owner of the sign only, shaped and placed in a manner which provides direction to interested parties, and which is located on property other than that which is then for sale, exchange, lease, or rent. ON-SITE OPEN HOUSE SIGN. The term"On-Site Open House Sign" shall mean a sign containing the words"Open House,"and the name of the owner of the sign only, shaped and placed in a manner which provides direction to interested parties, and which is located on the property then for sale, exchange, lease or rent. PROJECTING SIGN. The term "Projecting Sign" shall mean a sign, other than a wall sign, which projects from and is supported by a wall of a building or a structure. PROJECTION. The term "Projection" shall mean the distance by which a sign extends over public property or beyond the building line. REAL ESTATE SIGN. The term "Real Estate Sign" shall mean a sign advertising real property for sale, exchange, lease or rent. RIDER. The term "Rider" is a small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign. Page 23 SIGN ORDINANCE Chapter 20.06 ROOF SIGN. The term "Roof Sign" shall mean a sign erected upon or above a roof or a building or structure.. SIGN. The term "Sign" shall mean any media; including their structure and, component parts which are used or intended to be used out-of-doors to attract attention to the subject matter for advertising, directional or informational purposes. The area of a sign shall mean the space enclosed by the outer dimensions of the sign, or, if there is no border, the area shall be the space enclosed by sets of parallel lines containing the wording or images composing the sign. SIGN STRUCTURE. The term "Sign Structure" shall mean the sign, and the supports, uprights, braces, and framework of the sign. STRUCTURE. The term "Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. TEMPORARY SIGN. The term "Temporary Sign" shall mean any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, intended to be displayed for a limited period of time only. • WALL SIGN. The term "Wall Sign' shall mean any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. WIND SIGN. The term "Wind Sign" shall mean a series of similar banners or objects of plastic or other light material more than 2 inches in any diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. 20.06.040 GENERAL PROVISIONS. A. Any other outdoor signs not expressly permitted in this Chapter are prohibited. B. UNCERTAINTY OF ORDINANCE PROVISIONS. The Planning Commission shall have the authority and duty to interpret the provisions of this Chapter at the request of the Community 'Development Director or when a written appeal from a decision of the Community Development Director is filed with the Commission. C. COMPLIANCE REQUIRED. No person shall erect, re-erect,construct, enlarge, alter, repair, move, improve, remove, convert, or equip any sign or sign structure, or.paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Chapter. Page 24 SIGN ORDINANCE Chapter 20.06 D. PROPER MAINTENANCE REQUIRED. All signs,together with all of their supports, OF braces,guys and anchors,shall be properly maintained with respect to appearance,structural and electrical features. The display surfaces of all signs shall be kept neatly painted or posed at all times. All signs shall be subject to maintenance provisions as follows: 1. Any location where business goods are no longer sold or produced or where services are no longer provided shall have ninety (90) days to remove any remaining or derelict signs following notification by the City and at the expense of the owner of said property. Where due written notification has been given by the City and compliance has not been met within the required ninety (90) day period, the City may cause the removal of such signs with the cost for such removal to be attached to the property. 2. All signs shall be refinished to remove rust or other corrosion due to the elements and any cracked or broken faces and malfunctioning lamps shall be replaced within ninety (90) days following notification by the City. E. FRONTAGE. Buildings and building sites with multiple frontages shall be permitted signs on each frontage. 20.06.050 PERMITTED SIGNS. A. RESIDENTIAL DISTRICTS. 1. In the R-A, R-1, R-1.5, R-2 and SP-4 (residential) Districts: One name or identification sign not exceeding two (2) square feet in area. 2. In the R-3 District: One name or identification sign not exceeding six (6) square feet in area. 3. In the R-4 and C-R: One name or identification sign not exceeding twelve (12) square feet in area. B. COMMERCIAL AND INDUSTRIAL DISTRICTS. 1. In the A P, APF, and C-N 'Districts: A maximum of three (3) signs, the combined area not to exceed one hundred (100) square feet. 2. In the C-R District: Signs appurtenant to any use shall be permitted, provided that the total square footage of signs shall not exceed one (1) square foot for each lineal foot of building frontage. 3. In the C-O, C-1, C-2, M-1, M-1-A, RMC, RSC, and SP-4 (commercial) Districts: Signs appurtenant to any permitted use. l Page 25 SIGN ORDINANCE Chapter 20:06 C. AUTOMOBILE SERVICE STATIONS IN ANY DISTRICT (except P-C). Permanent Exterior Signs -- A maximum of seven (7) permanent signs'shall be permitted on any service station site as follows: 1. One double-faced free-standing sign,not,exceeding a height of twenty-five(25) feet and an area of thirty,-six (36) square feet for,each side. 2. Two wall signs to be located on the exterior facades of the building and not exceeding ten (10) square feet each. 3. Price signs for fuel products shall be permitted,provided that the number, size and location of such signs comply with and do not exceed that which is required to satisfy minimum price sign requirements as provided in Sections 13530 through 13534 of the Business and Professions Code of the State of California. Price signs shall be of materials in harmony with those utilized in the building. 4. One sign identifying the operator of the premises and address of the building, to be located on the building and not exceeding a total of six (6) square feet. 5. All small signs advertising products for sale, trading stamps, credit cards and the inspection of pollution control devices, lamps and brakes, as authorized by the State, shall be clustered into not more than three (3) sign groupings located on the building face and a total of which shall not exceed twelve (12) square feet in area, exclusive of the additional space required for signs advertising State-authorized services. The sign background shall be of materials in harmony with those utilized in the building. 6. One double-faced sign,in a permanent frame,not exceeding an area of twelve (12) square feet for each side, for promotional purposes, but excluding any reference to price. No rotating, flashing, blinking or signing with animation, flags, banners or other attention-attracting devices shall be permitted on a permanent basis. Attention-attracting devices may be permitted for thirty (30) days, however,when connected with an opening or change in ownership or management of a service station. D. DRIVE-IN AND OUTDOOR RESTAURANTS IN ANY DISTRICT. Signs shall be subject to the following restrictions: 1. The subject matter of any signs shall be limited to the name of the business and the food products and beverages-sold on the premises on which the signs are located. Page 26 SIGN ORDINANCE Chapter 20.06 2. The total area of all signs on the site shall not exceed two (2) square feet for each lineal foot of property on a street. In the case of corner lots or double frontage lots only one street frontage may be used to determine the maximum allowable sign area. 3. All signs shall be mounted flat against a building and shall be limited in size to fifty(50) square feet each, except that one free standing sign not to exceed one hundred (100) square feet shall be permitted. (Ord. 92-46, December 9, 1992; Ord. 9149, February 12, 1992). 20.06.060 OFFSITE SIGNS. Offshe signs, including billboards, may be allowed in commercial and industrial districts through an exception permit by the Planning Commission. 20.06.070 DESIGN CRITERIA. The signs permitted by Section 20.06.060 are subject to the following additional limitations. A. GENERAL CRITERIA. The following criteria are applicable to all signs: 1. TRAFFIC SIGNAL IMITATIONS. No person shall place, maintain, or display upon or in view of any highway or street any unofficial sign, signal or device or any sign, signal or device which purports to be or is an imitation of, or resembles, an official traffic sign or signal or which attempts to direct the _ movement of traffic or which hides from view any official traffic sign or signal. 2. ILLUMINATED SIGNS. Iduminated signs shall be provided with illumination as provided in this Section: (a) The maximum rating of individual incandescent lamps exposed on the surface of any sign shall be 40 watts. (b) The maximum night-time brightness of any sign shall be 15,000 foot lamberts. (c) The maximum brightness of any lamp used to illuminate any sign, as measured from any normal viewing angle,shall be 15,000 foot lamberts. 3. BEAMS OF LIGHT. No person not authorized shall erect or maintain any device which directs a beam of light in a flashing sequence toward any street or highway, nor shall any person erect or maintain any electrical advertising sign or similar device that interferes with the visibility of any official traffic control device or warning signal. 4. TYPES PROHIBITED. The following types of signs are prohibited: Page 27 SIGN ORDINANCE Chapter 20.06 (a) Flashing or animated electrical signs. (b) Wind signs. (c) Moving signs. (d) Any other outdoor sign not expressly permitted in this Chapter. EXCEPTIONS. Provided, however, such signs may be permitted if an exception permit is obtained in each case in accordance with the procedure provided in this Chapter. 5. POSTING ON PUBLIC PROPERTY PROHIBITED. No person, except a public officer or employee in performance of a public duty, shall paste, paint, print, nail, tack, place or otherwise fasten any card, banner, handbill, sign, poster, or advertisement or notice of any kind, or cause the same to be done on any curbstone, lamp post, pole, hydrant, bridge, wall or tree upon any public sidewalk, street, or public property, except as may be required or allowed by law, or by City Council approval. 6. POSTING ON STREET PROHIBITED. No person shall erect or construct • any sign upon any street, except as may be required or allowed by law, or by City Council approval. B. SPECIFIC SIGNS. In addition to the provisions contained in Section 20.06.050 and 20.06.070 A, the following restrictions shall apply to all signs except those governed by Sections 20.06.050 C, Automobile Service Stations and 20.06.050 D, Drive-In and Outdoor Restaurants. 1. GENERAL. One (1) perpendicular sign (i.e. roof, projecting, or pole) is permitted per building or building site. One of these perpendicular signs can be used in combination with wall signs as permitted below, 2. WALL SIGNS. (a) Projection and Height. No wall sign shall have a projection over public property greater than twenty-four (24) inches, nor extend above any adjacent parapet or roof of the supporting building. (b) Area. The area of a wall sign or walls signs on any frontage of a building shall not exceed two hundred (200) square feet nor forty (40) percent of the exposed finished wall surface area, including openings. (c) Number. A maximum of three (3) wall signs shall be permitted per building, however, a multi-tenant building may have one wall sign per Page 28 SIGN ORDINANCE Chapter 20.06 business plus one twenty-five(25)square foot building directory wall sign listing tenants. 3. PROJECTING SIGNS. (a) Projection. No sign shall project more than five (5) feet over public property and may not project to within two (2) feet of the curb line. Subject to all limitations in this Chapter, the distance any sign may project over public property or beyond the building line is governed by the following table: Distance Above Sidewalk or 8'to 10'to 12'to 14'to 16'& Grade Immediately Below 19 12' 14' 16' Up Sign. Maximum Projection Over 1' 2' 3' 4' S' Property Line or Building Line. (b) Thickness or Projection. The thickness of any portion of a sign which projects over public property or beyond a building line is governed by the following table: Projection 5' 4' 3' 2' Maximum Thickness 2' 21' 3'4" 4' (c) Number. Only one projecting sign shall be permitted on a building or building site. (d) Area. Two (2) square feet for each lineal foot of building frontage, not to exceed two hundred (200) square feet. 4. ROOF SIGNS. Roof signs may be allowed through an exception permit by the Planning Commission only in instances where the location of a business precludes the effective use of a pole sign, ground sign or projecting sign, (a) Area. To be determined by the Planning Commission,not to exceed two hundred (200) square feet. (b) Height. No taller than building is tall, not to exceed fifteen (15) feet above main portion of roof. (c) Projection. Subject to the same standards as projecting signs. Page 29 SIGN ORDINANCE Chapter 20.06 005. GROUND AND POLE SIGNS. (a) Frontages. Permitted only on building signs with a minimum fifty (50) foot frontage. (b) Area. Not to exceed two hundred (200) square feet. (c) Height. Not to exceed twenty-five (25) feet to top of sign. 6. SIGNS ON MARQUEES. No projecting signs may be attached to a marquee. Signs hung from the underside of a marquee shall be clear of the sidewalk by not less than eight (8) feet. Signs may be placed on the outer faces of a marquee if they are made a part thereof and do not exceed the limitation of marquees. Cutout letters may be installed on top of marquees. 7. SPECIAL PURPOSE SIGNS. Signs used to give direction to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and may be permitted in addition to the other signs listed in this section in instances where necessary for traffic safety reasons. Said signs shall not contain names, logos, or advertising messages. 20.06.080 TEMPORARY SIGNS. A. REAL ESTATE SIGNS: 1. RESIDENTIAL DISTRICTS. (a) Real estate signs and open house signs are permitted, on a temporary basis, in residential districts, so long as the signs conform to the criteria specified in this section. (1) In the C-R, R-A, R-1, R-1.5, R-2, R-3, and PRD Districts, as well as P-C Districts which provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: (a) One sign per lot except as provided in subsections (g) and (h); (b) The sign shall not exceed 216 square inches (1.5 square feet), including riders; (c) The overall height of the installed sign shall not exceed four 40 (4) feet above ground unless the sign is mounted flush to a wall; Page 30 SIGN ORDINANCE Chapter 20.06 (d) The sign shall be placed on the parcel for sale, lease,rent or exchange and shall not be installed in a manner which creates a hazard for traffic, or pedestrians; (e) No flags, pennants, balloons, or other attention-attracting devices shall be displayed; (f) The sign shall be removed immediately after the sale, lease or rental of the property has been consummated; (g) In addition to the sign permitted above, one(1) on-site open house sign is permitted to be posted during the time an owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i) The sign shall not exceed two hundred and sixteen (216) square inches(1.5 square feet) and riders are not permitted; (ii) The sign shall not be installed in medians or anywhere within the travelled way of any street or highway, nor installed in a manner which creates a hazard to traffic or pedestrians, provided, however, the sign may be installed on or in a vehicle parked on the street adjacent to the property for sale, lease, rent or exchange if there is no feasible way of installing the sign on private property due to absence of front yard setback or other conditions; (iii) The overall height of the sign shall not exceed four(4) feet above ground unless the sign is installed on a vehicle as provided in subparagraph (ii) above; or other conditions exist which require the sign to exceed four (4) feet to be reasonably visible from the street; however, in no event shall the sign be higher than necessary to be reasonably visible from the street; (h) In addition to the open house sign permitted in subsection (g), three (3) off-site open house signs are permitted when the owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i) each off-site open house sign shall not exceed two hundred and sixteen (216) square inches (1.5 square feet) and riders are not permitted; Page 31 SIGN ORDINANCE Chapter 20.06 @n) the overall height shall not exceed four (4) feet above ground; (iii) the sign shall not be installed before 8:00 a.m, and must be removed no later than sunset; (iv) the sign shall not be installed in medians or anywhere within the travelled way of any street or highway, nor installed in a manner which creates hazard to traffic or pedestrians. (b) In the R-4 District, temporary real estate signs are permitted subject to the following: (1) One (1) sign per building site, except as provided in subsection(6); (2) The sign shall not exceed twelve (12) square feet; (3) The overall height of the installed sign shall not exceed four (4) feet above ground unless the sign is mounted flush to a wall; • (4) The sign shall be placed on the parcel for sale, lease, rent or exchange and shall not be installed in a manner which creates a hazard to traffic or pedestrians; (5) The sign shall be removed immediately after the sale, lease, or rental of the property has been consummated; (6) In addition to the sign permitted above, one (1) on-site open house sign is permitted to be posted during the time an owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i) The sign shall not exceed two hundred sixteen (216) square inches (1.5 square feet); (H) The height of the sign shall not exceed four (4) feet unless mounted flush to a wall; (iii) The sign shall not be installed before 8:00 a.m. and shall be removed no later than sunset; (iv) The sign shall not be installed in medians or anywhere within the travelled way of any street or highway, nor installed in a manner which creates a hazard to traffic or pedestrians. Page 31-1 SIGN ORDINANCE Chapter 20.06 to (c) In All Districts: The Planning Director may approve temporary signs for the first sale of structures and/or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 2. Commercial and Industrial Districts. Commercial and industrial properties shall be permitted one (1) real estate sign not exceeding twenty (20) square feet in area which advertises the sale, rental or lease of the premises upon which the sign is located. B. OTHER TEMPORARY SIGNS. 1. Residential Districts. No temporary signs are permitted in residential districts, except the real estate signs authorized in subsection A.1, Residential Districts. 2. Temporary signs are permitted in commercial and industrial districts subject to the following: (a) Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty-four(24) square feet in area, or six (6) feet in height. (b) Duration. Temporary signs shall -remain in place for a period not exceeding sixty (60) days per calendar year, (c) Number. One (1) per building or building site. 3. Temporary signs displayed at automobile service stations and drive-in and outdoor restaurants are governed by the provisions of Sections 20.06.050 C and D respectively. (Ord. 91-44, December 25, 1991; Ord. 8747, January 13, 1988). 20.06.090 EXCEPTIONS. A. Planning Commission shall have the authority to issue Exception Permits, under the procedure hereinafter provided, allowing deviations from any of the provisions of this Chapter which apply to roof signs, off-site signs and the prohibition of flashing or animated electrical signs, wind signs, moving signs and any other outdoor sign not expressly permitted in this Chapter, Exceptions shall not be granted for any of the following provisions of this Chapter. 1. The limitation on the distance a sign may project over public property. 2. The prohibitions against a sign, signal or device which imitates or resembles an official traffic sign or signal or attempts to direct the movement of traffic or hides from view any official traffic sign or signal, Page 31-2 SIGN ORDINANCE Chapter 20.06 (c) In All Districts: The Planning Director may approve temporary signs for the first sale of structures and/or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 2. Commercial and Industrial Districts. Commercial and industrial properties shall be permitted one (1) real estate sign not exceeding twenty (20) square feet in area which advertises the sale, rental or lease of the premises upon which the sign is located. B. OTHER TEMPORARY SIGNS. 1. Residential Districts. No temporary signs are permitted in residential districts, except the real estate signs authorized in subsection A.I. Residential Districts. 2. Temporary signs are permitted in commercial and industrial districts subject to the following: (a) Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty-four(24) square feet in area, or six (6) feet in height. (b) Duration. Temporary signs shall remain in place for a period not exceeding sixty (60) days per calendar year. qv (c) Number. One (1) per building or building site. 3. Temporary signs displayed at automobile service stations and drive-in and outdoor restaurants are governed by the provisions of Sections 20.06.050 C and D respectively. (Ord. 91-44, December 25, 1991; Ord. 87-47, January 13, 1988). 20.06.090 EXCEPTIONS. A. Planning Commission shall have the authority to issue Exception Permits, under the procedure hereinafter provided, allowing deviations from any of the provisions of this Chapter which apply to roof signs, off-site signs and the prohibition of flashing or animated electrical signs, wind signs, moving signs and any other outdoor sign not expressly permitted in this Chapter. Exceptions shall not be granted for any of the following provisions of this Chapter. 1. The limitation on the distance a sign may project over public property. 2. The prohibitions against a sign, signal or device which imitates or resembles m an official traffic sign or signal or attempts to direct the movement of traffic or hides from view any official traffic sign or signal. Page 31-3 SIGN ORDINANCE Chapter 20.06 3. The prohibition against any device which directs a beam of light in a flashing sequence toward a street or highway or any electrical sign or device that interferes with the visibility of any official traffic control device or warning signal. B. In order to grant an Exception Permit, the Commission must find that the granting such permit is necessary to protect a substantial property right, will not be contrary to the purpose of this Chapter as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. (Ord. 92-7, May 13, 1992). C. APPEAL. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may within twenty-one (21) days appeal in writing to the City Council. 20.06.100 MODIFICATIONS. The Modifications Committee may grant modifications to the height, number and area of signs not requiring an Exception Permit, or limited by Planned Community District Regulations. (Ord. 92-7, May 13, 1992). 20.06.110 NONCONFORMING SIGNS. A. DEFINED. Signs existing at time of adoption of this Chapter (November 14, 1977) which do not comply with the provisions 'hereof shall be regarded as legal nonconforming signs. B. REPAIRING AND PAINTING. Such signs may be removed for the purpose of repairing and repainting them, and may be replaced upon obtaining a permit and having the same inspected. Such sign may be removed and replaced under a single permit if the same is replaced within sixty (60) days of its removal. C. CHANGE OF OWNERSHIP. Upon change of ownership of the business advertised by any such sign, the new owner may change any name or names on such sign so long as the sign advertises the same type of business and there is no change in the configuration of such sign. D. REMODELING. Any such sign may be removed for the purpose of remodeling a building and replaced within thirty (30) days after the remodeling is completed. Such sign may be removed and replaced under a single permit. E. ALTERATIONS. Alterations to such signs may be made only upon obtaining an Exception Permit according to the provisions of this Chapter. (Ord. 92-7,May 13, 1992;Ord. 1753 § 1, 1977). Page 31-4 FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 CHAPTER 20.07 FLOOR AREA RATIOS AND BUILDING BULK Sections: Section 20.07.010 Effect of Chapter. Section 20.07.020 Intent and Purpose. Section 20.07.030 Definitions. Section 20.07.040 Land Use Intensities. Section 20.07.044 Conversion of Use. Section 20.07.046 Staggered Uses. Section 20.07.050 Building Bulk. Section 20.07.060 Conflicts. • Section 20.07.070 Transfer of Development Intensity. 20.07.010 EFFECT OF CHAPTER. The following regulations shall apply to all non residential districts. (Ord. 89-19, Sept.13, 1989). 20.07.020 INTENT AND PURPOSE. The purpose and intent of this chapter is: A. To implement provisions of the Land Use Element of the General Plan that establish variable floor area limits depending upon the traffic generating characteristics of the use proposed for the property; B. To encourage a variety of land uses within commercial districts, while insuring that traffic generated by new development is consistent with the capacity of streets and highways as specified in the Circulation Element; and C. To insure an appropriate mix of land uses within commercial districts and to encourage development of land uses which are low traffic generators. D. To regulate the visual and physical mass of structures consistent with the unique character and visual scale of the City of Newport Beach. (Ord. 89- -� 19, Sept.13, 1989). Page 31-5 FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 20.07.030 DEFINITIONS BASE DEVELOPMENT ALLOCATION--total square footage of a site multiplied by 0.5. BASE FAR USE--a use which shall be permitted to develop at a floor area ratio of 0.5, and includes those uses specified in Table 20.07. BUILDING BULK-the visual and physical mass of a building, calculated in accordance with Section 20.07.050. FLOOR AREA RATIO (FAR)--the ratio of gross floor area of all uses on a site to the total square footage of the site . GROSS FLOOR AREA--for purposes of this chapter, gross floor Area shall be �r defined as the area of a building or portion thereof including the surrounding exterior walls, except that outdoor dining areas utilized in conjunction with a tla� restaurant shall also be included. ' Any finished portion of a building which measures more than 4 feet from finished floor to ceiling and is accessible shall be included in calculations of gross floor area. Areas utilized for stair wells and elevator shafts shall be counted towards gross floor area on only the first level. MAXIMUM FAR USE--a use which may be permitted to develop up to the maximum floor area ratio as listed in Table 20.07 and as otherwise provided herein. MAXIMUM FLOOR.AREA RATIO--a floor area ratio of 0.75 or 1.0 which may be permitted in certain cases as specified in Section 20.07.040 B, Section 20.82.020 (D) and the Land Use Element of the General Plan. REDUCED FAR USE--a use which shall be limited to development at a floor area ratio of 0.3 as specified in Table 20.07, (Ord. 89-19, Sept.13, 1989). 20.07,040 LAND USE INTENSITIES Land use intensities for non-residential uses shall be as specified in the Land Use Element of the General Plan. A. FIXED DESIGNATION. Where a single floor area ratio or square footage limit is specified for a site, all uses permitted within the applicable district shall be permitted to develop up to the floor area ratio or gross floor area limit specified. Page 31-6 FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 B. VARIABLE FLOOR AREA RATIOS. Where variable designations are specified for a site, as denoted by a slash, the permitted gross floor area shall vary, and shall be prorated according to the type of use. Base development allocation shall be calculated per,Section 20.07.030. The base development allocation shall not be exceeded by the sum of the weighted square footage of each use. Weighted square footage shall be determined by multiplying gross floor area of a given use by the weighting factors below. Area devoted to each type of use shall be weighted as follows: 11 a tegory Weighting Factor Base FAR uses 1.0 Reduced FAR uses 1.67 Maximum FAR uses 0.5 A floor area ratio greater than 0.5 may only be permitted in accordance with the variance procedures outlined in Section 20.82.020 (D). In no case shall the base development allocation be exceeded except as provided for previously existing buildings in accordance with Section 20.07.044 B, nor shall the maximum floor area ratio specified in the Land Use Element of the General Plan be exceeded. C. MIXEDCOMMERCIAL/RESIDENTIALDEVELOPMENT. Wheresecond floor residential development is permitted in conjunction with a first floor commercial use, the total floor area ratio of 1.25 shall be permitted, provided that the floor area ratio for commercial development does not exceed 0.5 nor exceeds the base development allocation for commercial uses. In addition, the floor area ratio for commercial development shall not be less than 0.25 unless a use permit is approved, and the Planning Commission, or City Council on rejiew or appeal, makes the following findings in addition to those use permit findings required under Section 20.80.060 A: 1. That the proposed commercial space constitutes a significant portion of the project. 2. That the proposed commercial space is large enough to accom- modate a viable business. The number of dwelling units permitted in a mixed commercial/residential development shall be as specified in the Land Use Element of the General Plan. (Ord. 89-19, Sept.13, 1989). Page 31-7 FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 20.07.044 CONVERSION OF USE A. CONVERSION OF USES IN EXISTING BUILDINGS. Conversion of a Maximum FAR use to a Base FAR use or to a Reduced FAR use, or conversion of a Base FAR use to a Reduced FAR use in an existing structure may be permitted provided that the base development allocation will not be exceeded. For mixed nonresidential uses the ratios established in Section 20.030.040 shall apply. B. CONVERSION OF USES IN BUILDINGS CONSTRUCTED PRIOR TO OCTOBER 25, 1988. Lawfully existing uses in buildings constructed prior to October 25, 1988 may continue, notwithstanding the provisions of this chapter. Conversion of a Maximum FAR use to a Base FAR use or to a Reduced FAR use, or conversion of a Base FAR use to a Reduced FAR use such that the base development allocation will be exceeded, may be permitted upon the approval of a use permit by the Planning Commission,or City Council on review or appeal,subject to all of the following findings in addition to those findings required In accordance with Section 20.80.060 A: 1. It has been demonstrated that the peak hour traffic to be generated by the proposed uses will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy S-1. 2. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S-1. 3. The structures on the site were constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 4. The building tenants would be restricted to the uses and operation- al characteristics upon which the traffic equivalency was based. Relevant operational characteristics include,but are not limited to, hours of operation of onsite businesses, provision of valet parking, off-site parking, and net public area of restaurants. 5. The proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 6. The proposed uses are compatible with the surrounding area. Page 31-8 FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 In cases where a Reduced FAR use is converted to a Base FAR use or Maximum FAR use, or a Base FAR use is converted to a Maximum FAR use, no credit for future increases in floor area ratio shall be given. Mixed nonresidential uses shall be governed by the provisions of Section 20.07.040 (Q. (Ord. 89-19, Sept.13, 1989). 20.07.046 STAGGERED USES. In no case shall the staggering of uses at various times of day, such as daytime versus night time, be utilized to justify a higher floor area ratio or conversion of use for buildings constructed subsequent to October 24, 1988 than would otherwise be permitted. (Ord. 89-19, Sept.13, 1989). 20.07.050 BUILDING BULK. Building bulk shall be calculated to be gross floor area excluding outdoor dining areas and with the addition of courtyards not open on at least two sides. An area which is open to the sky and is open on one side shall be considered to be consistent with this provision. In addition, for purposes of calculating building bulk, the floor area devoted to portions of a building which span more than one floor, such as multi-level lobbies, stairwells, and elevator shafts shall be counted at each floor level. Any level of a building which measures more than 18 feet from finished floor to finished floor level • or from finished floor to the average height of the roof above finished floor, shall be considered to occupy two floor levels. Building bulk shall also include the gross square footage of above grade or partially subterranean covered parking areas, except where specifically excluded for a particular location under the Land Use Element of the General Plan. Where a covered parking area is partially subterranean, gross floor area of the covered parking area shall be prorated as follows: Height of ceiling Portion of parking area couhted above natural grade towards gross square footage greater than 8 feet 100 % 6-8 feet 75 % 4-6 feet 50 % 2-4 feet 25 % less than 2 feet Not counted Building bulk shall not exceed a factor equal to the permitted floor area ratio plus 0.25 for commercial uses or 0.35 for mixed residential/commercial uses. (Ord. 89-19, Sept.13, 1989). Page 31-9 FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 20.07.060 CONFLICTS. In any case where there is a conflict between this chapter and any other portion of the Zoning Code, the provisions of this chapter shall prevail. (Ord. 89-19, Sept.13, 1989). Table 20.07 LAND USE CATEGORIES Allowable General Land Floor Area Ratio Category xk Reduced FAR Uses (Floor area ratio up to 0.3) Assembly Auditorium/Public Assembly Theater Food Uses Drive-In/Take Out Restaurant Restaurant Drive-In Facilities Misc. Health Club/Aerobics Studio Mini-Mart Social Base FAR Uses (Floor area ratio up to 0.5) .._......w.-.w.. ............................Y.......... .... ........... I.........a.--------- Art/Instruction Art Studios Dance Studios Interior Dec. Studios Art/Inst.(Cont.) Music/Art Schools Photography Studios Private Instructional Facilities Marine Uses Boat Charters/Rentals Boat Sales Auto Uses Auto Detailing Auto Rental (Office Only) Auto Rental (Vehicles Present) Auto Repairs Auto Sales/Leasing Gasoline Service Stations Medical Animal Hospitals Chiropractors 3� Page 31-10 f FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 Allowable General Land Floor Area Ratio Cateeory Use Dental Office Medical Office Misc. Office Accountants Architects Attorneys Editorial and Designing Engineers Marine-Related Office Professional Services Realtors/Escrow Research and Development Personal Service Acupuncture Barbers Beauty Parlors Cleaners/Laundries Fortune Telling Massage Parlor Personal Services Tailor Retail Art Galleries Bakeries Book Stores Delicatessen Jewelry Stores Pet Shops Pharmacies Plant Nurseries Retail Marine Sales Retail Sales Shoe Repair Specialty Foods Specialty Shops Miscellaneous Banks/Lenders Community Centers Day Care Handicraft Establishments Laundromat • Printing Clubs Service Club Yacht Club Page 31-11 FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 Maximum Far Uses (Floor area ratio up to 0.75 or 1.0) .........--....--....----...... .....................-.....-................----..........._......a ... Marine Uses Boat Building Boat Haul-Out Boat Repair Overnight Accom- Hotel modations Motel Industrial General Light Industrial General Light Manufacturing Heavy Industrial Laboratories Machine Shops Marine Industrial Marine Manufacturing Research Laboratories Wholesale Wholesale Sales Group Living Congregate Care Facilities Elderly Residential Dry Boat Storage Storage Mini-storage Storage (Ord. 89-35, Dec. 27, 1989; Ord. 89-19, Sept.13, 1989). Section 20.07.070 TRANSFER OF DEVELOPMENT INTENSITY. The Planning Commission may, by use permit, provide for the transfer of development intensity from any one or more parcels to any other parcel or parcels, provided that the requirements of this section are met. A. DEFINITIONS. DECREASED SITE--a parcel of land from which development rights are transferred INCREASED SITE--a parcel of land to which development rights are transferred B. TOTAL GROSS FLOOR AREA. The total gross floor area permitted on the parcels involved in the transfer of development intensity shall not exceed the total floor area which would otherwise be permitted by this chapter, taking into account the types of uses to be developed. Page 31-12 FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 C. MAXIMUM GROSS FLOOR AREA FOR AN INCREASED SITE. The gross floor area on any increased site shall not exceed one times the buildable area of the site or the gross floor area before the intensity transfer, whichever is greater. D. MAXIMUM GROSS FLOOR AREA FOR A DECREASED SITE. The maximum gross floor area permitted on a decreased site shall be reduced by amount of the transfer of development intensity, taking into account the types of land use to be developed and calculated in accordance with Section 20.07.040. E. BUILDING BULK As provided in Section 20.07.050, the total building bulk permitted on the parcels involved in the transfer of development intensity shall not exceed the total permitted gross floor area plus 0.25 times the total lot area of the parcels. F. VARIABLE AND FIXED FLOOR AREA RATIOS. Transfer of development intensity shall not be permitted between a site having a fixed floor area ratio and a site having a variable floor area ratio. G. NONCONFORMING DEVELOPMENTS. Where a transfer of development intensity involves any parcel which does not conform to current intensity limits,the nonconforming condition shall be eliminated and the total gross floor area following the intensity transfer shall be as provided in Subsection B, above. H. DISTANCE BETWEEN TRANSFER SITES. The parcels between which development rights are to be transferred shall not be separated by a distance in excess of 1,000 feet unless the parcels are located within the same Planned Community District or a transfer of development intensity between specific sites is expressly provided under the General Plan. I. TRAFFIC STUDY. Depending upon the distance between parcels involved in a transfer of development intensity, a traffic study may be required in order to insure against a net negative effect on the circulation system. J. REQUIRED FINDINGS. When approving a use permit for a transfer of development intensity, the Planning Commission, or the City Council on review or appeal, shall make the following findings in addition to those required under Section 20.80.060 A: a. The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. b. The transfer of development intensity will result in a net benefit to the aesthetics of the area. Page 31-13 FLOOR AREA RATIOS AND BUILDING BULK Chapter 20.07 c. The increased development on the site, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area. d. The proposed uses and structures,including above grade coveted parking, are compatible with the surrounding area, e. The increased development on the increased site, including above grade covered parking, will not result in significant impairment of public views. L The increased site is physically suitable for the development proposed, including above grade covered parking, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. g. The transfer of development intensity will not result in a net negative impact on the circulation system. h. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. L The proposed uses and physical improvements are such that the approved projects would not readily lend themselves to conversion to higher traffic generating uses. K LEGAL ASSURANCES. A covenant or other suitable, legally binding agreement shall be recorded against the decreased site assuring that all of the above requirements will be met by the current and future property owners. (Ord. 90-16, May 23, 1990). Page 31-14 TRANSPORTATION DEMAND MANAGEMENT ORDINANCE Chapter 20.08 CHAPTER 20.08 TRANSPORTATION DEMAND MANAGEMENT ORDINANCE Sections: Section 20.08.010 Findings Section 20.08.020 Purpose Section 20.08.030 Definitions Section 20.08.040 Transportation Demand Management Requirements Section 20.08.050 Applicability Section 20.08.060 Employment Generation Factors Section 20.08.070 Site Development Requirements Section 20.08.080 Equivalent Facilities or Measures • Section 20.18.110. Appeal 20.08.010 FINDINGS. The City Council of the City of Newport Beach finds that, generally, increased traffic congestion contributes to deterioration in air quality, inefficient use of energy resources, and adversely impacts public and private sector economics due to reduced productivity of the work force. The City Council further finds that Transportation Demand Management (TDM) strategies can be effective in reducing traffic congestion and should be implemented by local government as part of the region-wide efforts to improve air quality,conserve energy and enhance the effectiveness of existing transportation facilities. (Ord. No. 91-16, May 22, 1991). 20.08.020 PURPOSE. The City Council of the City of Newport Beach declares that this ordinance is intended to meet the requirements of Government Code Section 65089(b)(3), which requires development of a trip reduction ordinance and travel demand element to the Congestion Management Program,and Government Code Section 65089.3(b) which requires adoption and implementation of a Trip Reduction and Travel Demand Ordinance. (Ord. No. 91-16, May 22, 1991). 20.08.030 DEFINITIONS. For purposes of this Ordinance,the definitions for the following terms shall apply: (A) "Alternative Transportation Modes" means any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing, such as carpooling or vanpooling, as well as public transit, bicycling or walking. Page 31-15 TRANSPORTATION DEMAND MANAGEMENT ORDINANCE Chapter 20.08 bein (B) New Development Project means any non-residential projectg processed where some level of discretionary action by a decision-making body is required. (Ord. No. 91-16, May 22, 1991). 20.08.040 TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS. No building or grading permit shall be issued, and no construction shall commence, for any project covered by this Chapter until the Planning Commission or City Council, on appeal or review, makes written findings that Transportation Demand Management program has been developed which will: (i) reduce the number of peak-period vehicle trips generated in association with the additional development; and, (ii) promote and encourage the use of alternative transportation modes, such as ridesharing, carpools, vanpools, public transit, bicycles and walking; and, (iii) provide those facilities that support such alternate modes. (Ord. No. 91-16, May 22, 1991). 20.08.050 APPLICABILITY. This Chapter shall apply wall new,non-residential development projects that are estimated to employ a total of 100 or more persons, or the current limit set forth by the South Coast Air Quality Management District in Regulation XV, whichever is lower at the time of project submittal. For the purposes of this section, the effective date of project submittal shall be that date upon which the Planning Department accepts the application as complete. (Ord. No. 91-16, May 22, 1991). 20.08.060 EMPLOYMENT GENERATION FACTORS. The following generation factors are the basis for determining employment projections in the absence of more specific information: Land Use Cate¢ory Gross SQuare Feet/ mnlovee Retail 500 Office/Professional 250 Industrial 525 Hotel 1.0/room Employment projections shall be developed by the project applicant, subject to approval by the City. (Ord, No. 91-16, May 22, 1991), i Page 31-16 TRANSPORTATION DEMAND MANAGEMENT j� ORDINANCE Chapter 20.08 20.08.070 SITE DEVELOPMENT REQUIREMENTS. All developments shall be subject to the following Site Development Requirements of this chapter: (i) A parking space shall be reserved and designated for each identified carpool. Carpool spaces shall only be used by carpool vehicles and shall be located near the employee entrance or at other preferential locations, as approved by the City Traffic Engineer. A minimum of five percent (5%) of the provided parking shall be reserved for carpools. Additional spaces shall be designated for each new carpool which forms. (ii) Bicycle lockers shall be provided for use by employees or tenants who commute by bicycle. A minimum of two lockers per 100 employees shall be provided. Additional lockers shall be provided at such time as employees or tenants demonstrate demand and may be installed in designated vehicle parking spaces at the ratio of three lockers for each space. Demand shall be deemed to have been demonstrated when an employee or tenant commits to riding an average of two days per week. (iii) Lockers and showers: A minimum of one shower and two lockers shall be provided. Provisions shall be made for a second shower and additional lockers to the installed at such time as four or more persons within any one-hour period indicate a need to shower as a result of bicycling, running,walking, or other commute mode likely to result in such a need. ' (iv) Information on transportation alternatives: A commuter information area shall be provided in one or more central areas that are accessible to all employees or tenants. Information shall include,but not be limited to, current maps,routes and schedules for public transit; ridesharing match lists; available commuter incentives and ridesharing promotional material supplied by commuter-oriented organizations. (v) Rideshare vehicle loading area: A rideshare vehicle loading area shall be designated at a location approved by the City Traffic Engineer. Such areas shall accommodate a minimum of two passenger vehicles for the first 25,000 square feet of development, plus one for each 50,000 square feet of additional development or fraction thereof. (vi) Vanpool accessibility: the design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles. Where applicable, a minimum 7-2" vertical clearance shall be provided and the spaces shall be located near the employee entrance or other preferential location, as may be approved by the City Traffic Engineer. A vanpool space shall be reserved and designated for each identified vanpool at the site. Page 31-17 TRANSPORTATION DEMAND MANAGEMENT ly ORDINANCE Chapter 20.08 (vii) Bus stop improvements: bus stop improvements, including bus pullouts, bus pads, and right-of-way for bus benches and shelters shall be required for developments located along arterials where public transit exists or is anticipated to exist within rive (5) years. Improvements shall be developed in consideration of the level of transit ridership and the impact of stopped busses on other traffic. All such improvements shall be reviewed by the appropriate public transit agencies, 20.08.080 EQUIVALENT FACILITIES OR MEASURES. The project applicant shall have the option of deleting or modifying any or all of the Site Development Requirements if equivalent facilities or measures are provided. The applicant must demonstrate the equivalency of the proposed measures to the satisfaction of the City Traffic Engineer prior to consideration by the Planning Commission. (Ord. No. 91-16, May 22, 1991), 20.08.090 APPEAL. (A) The determination of the Planning Commission shall be final unless there shall be an appeal by the applicant or any other person pursuant to the procedure set forth in Section 20.80.070 of the Newport Beach Municipal Code. Such appeal shall be limited to evidence presented before, and the findings of, the Planning Commission. (B) The City Council shall have a Right of Review as set forth in Section 20.80075 of the Newport Beach Municipal Code, as limited above. (Ord. No. 91-16, May 22, 1991). .' •i PART II: RESIDENTIAL DISTRICTS Chapters: 20.10 General Controls*- Residential Districts 20.11 Residential Development Standards 20.12 R-A District 20.13 R-1 District 20.14 R-1.5 District 20.15 R-2 District 20.16 R-3 District 20.17 R-4 District - 20.18 'B" Combining District 20.19 Multi-Family Residential (MFR) District 20.20 Mobile Home Parks 'tt ..1�+� ':?1. �+rrr,. `.:i:: :!t�:t•t:f:! '�i:� �:f:�...;�n.:: :!><�^,S,��e,T:�-^Tn v1�. ^:Zf•'.T.'TTkrf:Sn ..,�.-1;•;^,—^:•m•^•+--'.--.gym•. K-8 5/25/76 COMMERCIAL USES IN RESIDENTIAL DISTRICTS For the purpose of interpreting what is meant by "commercial uses" in the residential areas, the City Council finds that as a matter of policy said term shall be defined as follows: 1. Those activities which are pursued in a residential district for pecuniary gain by an art or profession by the offering of a service, or by the conduct of a business which is related to or connected with trade, traffic or commerce. 2. Those business activities employing personnel and involving direct contact between individuals in furtherance of commercial transactions. 3. Those business activities where there may be the production, manufacture, storage, display or sale of equipment and/or merchandise on the property and signing advertising the business. 4. Those business activities which generally disturb or alter the residential character of the neighborhood because of their unsightliness; because they cause offensive noise, ordor or vibration; because they interfere with radio or television reception; or because they generate unwarranted customer and vehicle traffic and parking problems. The following activities as a matter of policy are found not to be within the definition of what constitutes a "commercial use" within a residential district and therefore are permitted, subject to obtaining a business license from the Finance Director and subject to all other State and local laws and ordinances: 1. Those activities which are accessory or incidental to and secondary to the resi- dential use of a dwelling and do not change the principal character or use of the dwelling. 2. Those artistic or creative writing activities which result in the creation of a product or manuscript which is normally sold or traded at some location away from the residential area. 3. Those activities involving mail orders or telephone solicitation which are conducted by mail and telephone only. 5 COMMERCIAL USES IN RESIDENTIAL DISTRICTS - Page 2 /25/76 1 4. Those activities conducted in conjunction with businesses or professions whose principal offices are in a business district but which are carried over into the home as a matter of personal convenience and necessity. S. Those activities involving music lessions, swimming or dancing instructions on a limited basis so as to not create an unwarranted amount of traffic and parking problems. May Adopted - 24 6 p y 197 Page 32 GENERAL CONTROLS RESIDENTIAL Chapter 20.10 Chapter 20.10 GENERAL CONTROLS - RESIDENTIAL DISTRICTS Sections: 20.10.010 Effect of Chapter. 20.10.015 Temporary Structures and Uses. 20.10.020 Uses Requiring Use Permit. 20.10.022 Short Term Lodging Permitted. 20.10.025 Extensions Into Yards. 20.10.030 Accessory Buildings - Yards. 20.10.035 Swimming Pools - Yards - Equipment. 20.10.040 Underground Storage of Flammable Liquids. 20.10.050 Parking. 20.10.060 Residential Property Maintenance (� 20.10.010 EFFECT OF CHAPTER. The general controls contained in this Chapter shall apply to all developments in Residential Districts. 20.10.015 TEMPORARY STRUCTURES AND USES. The Director of Community Development may approve temporary tract and sales offices for the first sale of structures and/or lots in any residential district for a period of time not to exceed one year following the recordation of the final subdivision map. Extensions of time for temporary uses and structures may be authorized by the Director of Community Development. (Ord. 1753 § 2, 1977). 20.10.020 USES REQUIRING USE PERMIT. The following uses shall be permitted in any residential district subject to the securing of a Use Permit: (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Parking lots. Public or no fee private parking lots for automobiles may be permitted in any"R"District adjacent to any"C"or"M"District subject to the securing of a Use Permit in each case. (c) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public and quasi-public Page 33 GENLRAL CONTROLS RESIDENTIAL Chapter 20.10 IV buildings, senior citizen housing facilities (where residency is limited to elderly persons), and municipally-operated parking lots. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and Helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any R-1 or R-2 District. In any district other than R-1 or R-2, no helicopter shall land or take off and no heliport or helistop shall be established unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use, The Director of Community Development may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such helistops will not unduly interfere with the health,safety and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located within any "R" District or closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a use permit shall first have been secured for the installation, maintenance and operation of the lighting fixtures. This provision shall not be construed so as to require a use permit for lighting fixtures which are normally incidental to the use of a residential structure. (Ord, 1446, June 26, 1972; Ord. 1130, June 28, 1965; Ord. 1127, May 10, 1965; Ord. 1115, Jan. 25, 1965; 1949 Code J 9105.10) added by Ord. 635, Dec. 12, 1950) 20.10.022 SHORT TERM LODGING 1'ERMMED. Any dwelling unit otherwise permitted by this Title may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: A. A Business License pursuant to Chapter 5.04 of the Municipal Code. B. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. C. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code. (Ord. 92-24, June 25, 1992) Page 34 GENERAL CONTROLS RESIDENTIAL Chapter 20.10 20.10.025 EXTENSIONS INTO YARDS. A. ARCHITECTURALFEA- TURES. Architectural features such as cornices or eaves may extend not exceeding 21/2 feet into any required front or rear yard setback; provided, however, that such architectural features shall not project any closer than 2 feet from side property line. B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to exceed 8 feet in width, may encroach to a distance of 2 feet into any required front yard setback of 10 feet or more in any "R" District; provided, that the fireplace and chimney must be located not less than 5 feet from any side yard setback line. Fireplaces and chimneys not to exceed 9 feet in width may encroach to a maximum distance of 21/2 feet from any side yard setback line provided that such encroachment must be at least 2 feet from any side property line. C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a distance not exceeding 5 feet into any required front yard setback. D. MARQUEES, AWNINGS AND SHADES. Marquees, awnings, or shades may project from the building into the front yard setback in any "R" District not to exceed 5 feet from the building nor more than half the depth of the required front yard, and must be within the required side yard lines and have a clearance above grade vertically of not less than 61/2 feet. Any such projection from the building shall be self-supporting and shall be of incombustible material or of not less than one-hour fire resistive construction. Marquees, awnings or shades may project from the building into the rear yard setback in any "R" District not to exceed 21/2 feet. E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from said mapped street, and in no case shall the provisions of this Title be construed as permitting any encroachment upon any mapped street. F. ABUTTING ALLEYS. In residential districts having alleys to the rear of lots or building sites, attached or detached garages, fences, screen plantings or other obstructions must set back from rear property lines the distances shown in the following table, except as provided in Section 20.10.025 (G), and Section 20.02.070. Alley Width Setback 15' or less 5' 151" to 19'11" 319" 20' or more 01* *Roll-up garage doors shall be required when garage door openings are located closer than two and one half feet to a twenty foot wide alley. Page 35 GENERAL CONTROLS RESIDENTIAL Chapter 20.10 G, ENCROACHMENTS IN RESIDENTIAL REAR YARD SETBACKS ABUTTING ALLEYS. In residential districts having alleys to the rear of lots or building sites, a second-story projection will be permitted to encroach into the setback stipulated in Section 20.10.025 (F), subject to the following conditions: (1) No projection may extend'closer than TV to the center of any alley. (2) No projection may extend closer than TO' to the rear property line. (3) That portion of the building which encroaches into the required rear yard setback shall have a minimum ground clearance of 8'0". (4) No encroachment will be permitted on lots having a depth exceeding eighty-five feet. H. BAY WINDOWS AND GREENHOUSE WINDOWS. The terms "bay windows" and "greenhouse windows" shall be defined as window openings in or projections extending beyond the wail of a building which satisfy all of the following criteria: a. the interior surface is elevated at least 18 inches above the adjacent finished floor surface at the required building setback line; and b. the overall vertical dimension of the projection does not exceed a height of 10 feet; and C. the opening is limited by design from being used as a door or entry. Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a distance of 2 feet into any required front yard setback of 10 feet or more. Said windows not to exceed 8 feet in width, may also encroach a distance of 16 inches into any required front yard setback ranging from 4 feet to less than 10 feet. Bay windows and greenhouse windows, located on the first floor of a structure, not to exceed 8 feet in width, may encroach a distance of 2 feet into any required side yard setback,provided that said encroachment shall be at least 2 feet from any side property line. Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a distance of 2 feet into any required rear yard setback, unless the rear property line of the lot is adjacent to an alley. Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a distance of 2 feet into any required setback between buildings on the same lot. No more than 2 bay windows or greenhouse windows on a structure shall be permitted to encroach into any one setback. Page 36 GENERAL CONTROLS RESIDENTIAL le Chapter 20.10 Total permitted front or rear yard setback encroachments, including bay windows, greenhouse windows, and chimneys shall not exceed 50 percent of the buildable width of the lot. I. BALCONIES-FRONT YARDS ABUTTING EAST OCEAN FRONT AND WEST OCEAN FRONT. Balconies may encroach up to a maximum of three feet into any required front yard setbacks along East Ocean Front and West Ocean Front. Balcony railings shall be limited to a maximum height of 42 inches, and shall be constructed of transparent material or, if constructed of opaque material, must be at least 401yo open. Balconies constructed after the effective date of this ordinance shall be cantilevered such that no underlying support is necessary. Roofs shall not be permitted in required front yard setbacks except as provided in Section 20.10.025(A). Patios and raised decks located on the ground floor or lower level which encroach into required front yard setbacks shall be constructed in accordance with Sections 20.02.070 and 20.02.071 of the Newport Beach Municipal Code. (Ord. 95-18, June 21, 1995; Ord. 94-51, November 23, 1994; Ord. 93-18, Sept. 22, 1993; Ord. 92-34, August 26, 1992; Ord. 88-31, October 12, 1988; Ord. 86-31, January 7, 1987; Ord. 1789 § 1, 1979; Ord. 1398 § 1, August 9, 1971; Ord. 1176 § 2, September 12, 1966; Ord. 1034, April 8, 1963; 1949 Code § 9105.4 (a-g) added by Ord. 635, December 12, 1950). 20.10.030 ACCESSORY BUILDING - YARDS. In case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall with the main building and shall comply in all respects with the requirements of this Title applicable to the main building. Unless so attached, an accessory building in an "R" District shall be located on the rear one-half of the lot and be at least 6 feet from any dwelling building or other accessory building existing or under construction on the same lot. (Ord. 92-43, September 23, 1992; Ord. 92-7, May 13, 1992; Ord. 88-31, October 12, 1988; Ord. 1034, April 8, 1963; 1949 Code § 9105.4(h) added by Ord. 635, December 12, 1950). 20.10.035 SWIMMING POOLS AND RELATED EQUIPMENT-YARDS. Any swimming pool,fish pond, or other body of water which contains water eighteen inches or more in depth for use in connection with any residential use shall be permitted in any required yard space, provided that the enclosing fence required in Chapter 15.04 of this Code is permitted under the provisions of Sections 20.02.070 and 20.10.025, F, of this Chapter. Any such pump, filter or heater shall not be considered an accessory building so long as any required housing thereof does not exceed six feet in height. (Ord. 95-38, October 11, 1995; Ord. 82-19, October 13, 1982; Ord. 1876 § 1, 1981; 1949 Code § 9105.41 added by Ord. 924, July 11, 1960.) 20.10.040 UNDERGROUND STORAGE OF FLAMMABLE LIQUIDS. The underground storage of flammable liquids shall be prohibited in any residential district in the City. (Ord. 1834 § 1, 1980). Page 37 GENERAL CONTROLS RESIDENTIAL. Chapter 20.10 20.10.045 HVAC EQUIPMENT. A. New permits for heating,venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall be issued only where installations can be shown by computation, based on the sound rating of the proposed equipment, not to exceed an A weighted Sound Pressure Level of 50 dBA or not to exceed an A-weighted Sound Pressure Level of 55 dBA and be installed with a timing device that will deactivate the equipment during the hours of 10:00 p.m. to 7:00 a.m. The method of computation used shall be that specified in "Standard Application of Sound Rated Outdoor Unitary Equipment," Standard 275, Air-conditioning and Refrigeration Institute, 1984 or latest revision thereof. B. In the event that HVAC equipment cannot meet the requirements set forth above, then the exterior noise limit for such equipment may be raised to 65 dBA provided that the applicant obtains the written consent of all the owners of the affected properties. C. Any such equipment shall not be considered an accessory building so long as any required housing thereof does not exceed six feet in height. (Ord. 95-38, October 11, 1995; Ord. 1876 § 2, 1981). 20.10.050 PARKING A. Storage or parking space for the parking of automobiles off the street shall be provided in any residential district as follows: 1. Not less than one and one-half parking spaces for each dwelling unit. 2. Not less than three parking spaces for any structure containing 2,000 square feet or more, exclusive of areas devoted to parking and open space, unless the structure is a single-family dwelling. 3. Not less than one covered, independently accessible parking space for each two guest rooms in any rooming house. 4. Not less than one independently accessible parking space for each two guest rooms in any hotel. 5. Not less than one independently accessible parking space for each guest unit in any motel. Parking spaces required for other uses allowed in any residential district not set forth above shall be determined by the Planning Commission. B. Parking of automobiles on the roof of a building in any residential district is not allowed. C. Parking or storage of trailers, campers, boats, motorcycles or motor vehicles shall not be allowed on vacant lots. Page 38 GENERAL CONTROLS RESIDENTIAL Chapter 20.10 D. In addition to the above noted parking standards, the following parking controls shall also apply: 1. For each dwelling unit there shall be at least one covered parking space. 2. For each dwelling .unit, there shall be at least one independently accessible parking space. 3. Tandem parking up to a maximum of two cars in depth shall be permitted. 4. Parking or storage of trailers, campers, and boats in side yards shall be permitted behind the front yard setback area; provided, however, that structural encroachments shall not be permitted, except as noted in this section. When three parking spaces are provided across the rear of a lot less than 30 feet 10 inches wide, one garage wall may encroach into the required side yard setback. Its distance from the property line shall be not less than 26 inches plus the amount (if any) that the width of the lot exceeds 30 feet. The substandard side yard created thereby shall have a clear passageway 26 inches wide, unobstructed by fences, utility meters, hose bibs, or any other appurtenances which could interfere with use of the passageway by emergency personnel or equipment. 5. Parking of automobiles and motorcycles in front yards shall be permitted only on driveways in front of garages that set back at least nineteen feet from the front property line and aprons adjacent thereto; or where an approved curb cut and drive apron provide access to a paved parking area; provided, however, that structural encroachments shall not be permitted. E. The one covered parking space that is required for each dwelling unit shall be included in the gross floor area. However, the following areas need not be included in the gross floor area: 1. Other parking spaces which are open on at least two sides, or open on one side and one end; and 2. Twenty-five square feet of storage area adjacent to or a part of a parking space on a lot less than thirty-two feet wide; provided that no plumbing is located in said area, and provided that three parking spaces are provided side by side across one end of the lot. F. Structures which were in existence or under construction on the effective date of this Ordinance, and which do not provide the required number of parking spaces, may be expanded or altered in accordance with the provisions of Chapter 20.83. (Ord. 95-5, April 12) 1995; Ord. 90-22, June 13, 1990; Ord. 1876 § 3, 1981; Ord. 1856 § 19 1980.) li Page 38-1 GENERAL CONTROLS RESIDENTIAL Chapter 20.10 20.10.060 RESIDENTIAL PROPERTY MAINTENANCE. Lots located in residential districts shall be maintained in such a manner to prevent unsafe or unsightly conditions including: A. The storage or accumulation of household items -- except furniture designed for outdoor use, barbecues and plants -- on patios, roofs, balconies and in yards when such items are visible from a public street, alley, sidewalk or other public right-of-way. B. Private driveways or walkways which, due to deterioration or lack of maintenance, create a hazard to pedestrians. C. The outdoor storage of large household appliances such as refrigerators, freezers, washers and dryers, in any area accessible to minors who are not under the care and supervision of the owner or person in charge of the property. (Ord. 95-5, April 12, 1995.) . Page 39 RESIDENTIAL DEVELOP- MENTSTANDARDS Chapter 20.11 Chapter 20.11 RESIDENTIAL DEVELOPMENT STANDARDS Sections: 20.11.016 Effect of Chapter. 20.11.020 Building Height and Floor Area Limit. 20.11.030 Parking. 20.11.040 Open Space Options. . 20.11.010 EFFECT OF CHAPTER. The residential development standards contained in this Chapter shall apply to all dwellings located in the R-1, R-3, and R-4 Residential Districts in Corona del Mar, West Newport and the Balboa Peninsula as those areas are more particularly described below. Dwellings in those areas shall also be subject to all other provisions of this Title. Where there is a conflict between this Chapter and another provision of this Title, the provisions of this Chapter shall be controlling. A. The areas of Corona del Mar in which the provisions of this Chapter shall be controlling are more particularly described as follows: That area commonly referred to as old Corona del Mar generally bounded by Avocado Avenue,Pacific Coast Highway,Fifth Avenue, the easterly boundary of the Corona del Mar tract, the Pacific Ocean and the Harbor entrance; and more specifically described as that area included in Annexation #3 as described in Ordinance No. 252 of the City of Newport Beach, approved on February 27, 1924. B. The areas of West Newport and the Balboa Peninsula in which the provisions of this Chapter shall be controlling are more particularly described as follows: That area commonly referred to as West Newport and the Balboa Peninsula generally bounded by the Semeniuk Slough, Pacific Coast Highway, the West Lido Channel,the Newport Channel, the Main Channel, the Harbor Entrance,the Pacific Ocean and the Santa Ana River, and more specifically described as follows: Page 40 RESIDENTIAL DEVELOP MENTSTANDARDS Chapter 20.11 Beginning at the intersection of the westerly boundary of the City of Newport Beach and the Mean High Tide Line of the Pacific Ocean; thence proceeding northerly along said City Boundary to the intersection of said Boundary with the northerly right-of-way line of Pacific Coast Highway; thence due East a distance of 1± foot to an intersection with the City Boundary on the easterly side of that certain one foot strip shown on Annex No. 21, Ordinance No. 630, 10/31/1950; thence proceeding easterly,northerly, easterly and southerly along said City Boundary to an intersection with the northerly right-of-way line of Pacific Coast Highway; thence proceeding southerly along a perpendicular to said right-of-way line to the center-line of Pacific Coast Highway; thence easterly along said centerline to an intersection with the centerline of Newport Boulevard; thence southerly along said centerline of Newport Boulevard to an intersection with the southerly Bulkhead of i the Newport Island Channel, said point being westerly of U.S. Bulkhead Station #126 on the U.S. Bulkhead Line; thence easterly to said U.S. Bulkhead 'Station #126; thence continuing along the U.S. Bulkhead Line to U.S. Bulkhead Station #114; thence northeasterly in a straight line to U.S. Bulkhead Station#162; thence southerly in a straight line to U.S. Bulkhead Station #113, and thence proceeding along the U.S.Bulkhead to U.S.Buikhead'Station#107;thence continuing southerly along the prolongation of the U.S. Bulkhead Line to an intersection with the Mean High Tide Line; thence westerly and northwesterly along said Mean High Tide Line to the point of Beginning. (Ord. 1540 $ I (part), 1974., Ord. 1754 * 1, 1977). 20.11.020 BUILDING HEIGHT AND FLOOR AREA LIMIT. A. In the R-1 District in the areas of West Newport and the Balboa Peninsula, the total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides, contained in all buildings on a building site shall not exceed two times the buildable area of the site. In the area designated as Old Corona del Mar, the total gross floor area shall not exceed one and one-half(1.5) times the buildable area of the site. For dwellings and permitted accessory buildings, the building height limit shall be 24/28 as specified in Chapter 20.02. B. In the R-3 and R-4 Districts in the areas of West Newport and the Balboa Peninsula, the total gross floor area contained in all buildings on a building site shall not exceed three times the buildable area of the site;provided,however, that floor area devoted to parking within a building or to decks, balconies or patios open on at least two sides shall not be considered in determining the total floor area allowed. In the area designated as Old Corona del Mar, the total gross floor area shall not exceed one and one-half(1.5) times the buildable area of the site in the R-3, R-4, and MFR Districts. The height limit in the R-3 District shall be 24/28 feet on the front one-half of the lot and 28/32 feet on the rear Page 41 RESIDENTIAL DEVELOP- MENT STANDARDS Chapter 20.11 one-half of the lot, except where in the opinion of the Planning Commission differences in grade warrant individual consideration. The height limit in the R-4 District shall be 28/32 feet as specified in Chapter 20.02. C. For purposes of calculating the allowable gross floor areas as set forth in Paragraphs A and B above, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. (Ord. 94-3, March 16, 1994; Ord. 92-43, September 23, 1992; Ord. 89-28, Dec. 27, 1989; Ord. 1824 § 1, 1979; Ord. 1754 § 1, 1977; Ord. 1540 § 1 (part), 1974). 20.11.030 PARKING. Regulations are as specified in Section 20.10.050 of General Controls - Residential Districts. (Ord. 1856, § 2, 1980). 20.11.040 OPEN SPACE OPTION. In the R-1, R-3 and R-4 Districts as designated in Section 20.11.010, open space shall be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times six feet and may be provided anywhere on the lot behind the required yard setback lines. This open space shall be open on at least two sides and shall have a minimum dimension in any direction of at least six feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than six 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 six 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. (Ord. 1629 § 1, 1975: Ord. 1540 § 1 (part), 1974: Ord. 1754 § 1, 1977, and as amended by Ord. 83-10; March 16, 1983). Page 42 R-A DISTRICT Chapter 20.12 R - A D I S T R I C T Chapter 20.12 R-A DISTRICT Sections: 20.12.010 Effect of Chapter. 20.12.015 Uses Permitted. 20.12.020 Uses Requiring Use Permit. 20.12.025 Building Height Limit. 20.12.030 Site Area and Lot Width. 20.12.035 Site Area Coverage. 20.12.040 Yards. 20.12.045 Accessory Building Location. 20.12.050 Extensions Into Yards. 20.12.055 Accessory Buildings - Yards. 20.12.060 Swimming Pools - Yards - Equipment. 20.12.065 Changes in Yard Requirements. 20.12.075 Parking. 20.12.010 EFFECT OF CHAPTER. The following regulations shall apply in all R-A Districts, subject to the provisions of Chapter 20.10. 20.12.015 USES PERMITTED. The following uses shall . be permitted in the R-A District: (a) Single-family dwellings. (b) Light farming, except commercial dairies, commercial kennels, commercial rabbit, fox, goat or hog farms, or commercial poultry ranches. (c) Accessory uses normally incidental to a single family dwelling or light farming. This is not to be construed as permitting any commercial use. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (Ord. 1753 9 29, 1977: Ord. 1172 § 1; August 8, 1966: prior 1949 Code S 9103.01 added by Ord. 635; December 12, 1950 and amended by Ord. 1158 5 1; May 9, 1966) . Page 43 R-A DISTRICT Chapter 20.12 20.12.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a Use Permit in each case: (a) Commercial nurseries. (b) Recreational establishments, parking lots, institu- tions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of the General Controls - Residential Districts, 20.12.025 BUILDING HEIGHT LIMIT. The building height limit shall be as specified in Chapter 20.02. (Ord. 1454 S 5; September 11, 1972: prior 1949 Code S 9103.2 added by Ord. 635; December 12, 1950) . 20.12.030 SITE AREA AND TAT WIDTH. There shall be a minimum building site area of 6,000 square feet and a minimum lot width of 60 feet. In no case shall there be more than one single-family dwelling on any one building site. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this section. 20.12.035 SITE AREA COVERAGE,. For aggregate building coverage there shall be a maximum coverage of forty percent (40%) of building site area. (1949 Code s 9103.04 added by Ord. 635; December 12, 1950) . 20.12.040 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. (Ord. 85-12; June i2, 1985) . B. SIDE YARDS. Each side yard shall be ten percent (10%) of the lot width, with a minimum of 3 feet and a maximum of 6 feet; provided, that the side yard on the rear one-half of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existent on the adjacent reversed frontage. C. REAR YARDS. Each yard shall be 20 percent of the lot depth, with a minimum of 15 feet and a maximum of 25 feet. (1949 Code S 9103.05 (a,b,c) added by Ord. 635; December 12, 1950) . 20.12.045 ACCESSORY BUILDING LOCATION. Accessory buildings used for the keeping of chickens or other poultry or rabbits or other animals shall be not less than 60 feet from the front property line nor less than 20 feet from any side or rear property line. (1949 Code S 9103.03 (d) added by Ord. 635; December 12, 1950) . Page 44 R-A DISTRICT Chapter 20.12 20.12.050 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.10.025 of General Controls - Residential Districts. 20.12.055 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10.030 of General Controls - Residential Districts. 20.12.060 SWIMMING POOLS - YARDS - EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.12.065 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the Districing Map shall be revised accordingly. (1949 Code 5 9105.42, added by Ord. 1134: August 9, 1965) . 20.12.075 PARKING. Regulations are as specified in Section 20.10.050 of General Controls - Residential District. (Ord. 1856, 9 3, 1980) . Page 45 R-1 DISTRICT Chapter 20.13 R = 1 IDISTRI _CT Chapter 20.13 R-1 DISTRICT Sections: 20.13.010 Effect of Chapter. 20.13.015 Uses Permitted. 20.13.020 Uses Requiring Use Permit. 20.13.025 Building Height and Floor Area Limit. • 20.13.030 Site Area and Lot Width. 20.13.035 Site Area Coverage. 20.13.040 Yards. 20.13.045 Extensions Into Yards. 20.13.050 Accessory Buildings - Yards. 20.13.055 Swimming Pools - Yards - Equipment. 20.13.060 Changes in Yard Requirements. 20.13.070 Parking. 20.13.010 EFFECT OF CHAPTER. The following regulations shall apply in all R-1 Districts, subject to the provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona. del Mar are subject additionally to the provisions of Chapter 20.11, Residential Development Standards. 20.13.015 USES PERMITTED. The following uses shall be permitted in the R-1 District: (a) Single-family dwellings. (b) Accessory buildings if constructed simultaneously with or subsequent to the main building and located on the same lot or building site. Page 46 R-1 DISTRICT Chapter 20.13 (c) Accessory uses normally incidental to single-family dwellings. This is not to be construed as permitting any commercial use, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 0£General Controls - Residential Districts. (e) Signs in accordance with Chapter 20.06.(Ord.92-43, September 23, 1992,Ord. 1753 § 3, 1977: Ord. 1172 § 2; August 8, 1966: prior 1949 Code § 9103.11 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958 and by Ord. 1158 § 2; May 9, 1966). 20.13.020 USES REQUIRINGUSEPERMIT. Recreational establishments, parking lots,institutions,cemeteries,public buildings,removal of earthen materials,heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls - Residential Districts. 20.13.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages and carports contained in all buildings on a building site in an R-1 District shall not exceed two times the buildable area of the site. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For dwellings and permitted accessory buildings, the building height limit shall be as specified in Chapter 20.02. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula and Corona del Mar,building height and floor area limit regulations are as specified in Section 20.11.020 (a) of Residential Development Standards. (Ord. 94-3, March 16, 1994; Ord. 92-43, September 23, 1992; Amended by Ord. 1882 § 1; June 22, 1981). 20.13.030 SITE AREA AND LOT WIDTH. For each dwelling there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet on interior lots, a minimum of 6,000 square feet of area and a minimum width of 60 feet on corner lots. In no case shall there be more than one single family dwelling on any one building site. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this section. 20.13.035 SITE AREA COVERAGE. The maximum building site area permitted in the R 1 District shall be full coverage, less required front, side and rear yards. (1949 § 91.03.14 added by Ord. 635; December 12, 1950). i IJ Page 47 II R-1 DISTRICT Chapter 20.13 20.13.040 YARDS. A FRONT YARDS. The mini um width required for front yards shall be 20 feet and a maximum permitted shall be 3 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on t e Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. (Ord. 85-12; June 12, 1985). For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, front yard open space requirements are as specified in Section 20.11.040 of Residential Development Standards. B. SIDE YARDS. Each side yard shall be not less than 3 feet wide on building sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. The minimum width required for rear yards shall be 10 feet. (1949 Code § 9103.15 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.13.045 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.10.025 of General Controls - Residential Districts. 20.13.050 ACCESSORY BUILDINGS - YARDS. Regulations are as specked in Section 20.10.030 of General Controls - Residential Districts..' 20.13.055 SWIMMING POOLS-YARDS-EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.13.060 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (1949 Code § 9105.42, added by Ord. 1134; August 9, 1965). 20.13.070 PARKING. Regulations are as specified in Section 20.10.050 of General Controls - Residential Districts. (Ord. 1856, § 5, 1980). Page 48 R-1.5 DISTRICT Chapter 20.14 R - 1 ,5 IMTRIC_T Chapter 20.14 R-1.5 DISTRICT Sections: 20.14.010 Effect and Purpose of Chapter. 20.14.015 Uses Permitted. 20.14.020 Uses Requiring Use Permit. 20.14.025 Building Height and Floor Area Limit. 20.14.030 Site Area and Dwelling Area. 20.14.035 Buildable Area. 20.14.040 Yards. 20.14.045 Extensions Into Yards. 20.14.050 Accessory Buildings - Yards. 20.14.055 Swimming Pools - Yards - Equipment. 20.14.060 Changes in Yard Requirements. 20.14.070 Parking. 20.14.010 EFFECT AND PURPOSE OF CHAPTER. The following regulations shall apply in all R-1.5 Districts, subject to the provisions of Chapter 20.10. The purpose of this chapter is to allow single-family units or duplexes with the total gross floor area of all buildings limited to a maximum of 1.5 times the buildable area. (Ord. 1486 § 1, January 22, 1973: Ord. 1451 § 1 (part), July 24, 1972). 20.14.015 USES PERMITTED. The following uses shall be permitted in the R-1.5 District: (a) One single-family dwelling. (b) One duplex. I Page 49 R-1.5 DISTRICT Chapter 20.14 (c) Accessory uses normally incidental to single-family dwellings or duplexes. This is not to be construed as permitting any commercial uses, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (e) Signs in accordance with Chapter 20.06. (Ord. 1753 § 4, 1977: Ord. 1451 § 1 (part); July 24, 1972). 20.14.020 USES REQUIRING USEPERMIT. Recreational establishments, parldnglots,institutions,cemeteries,public buildings,removal of earthen materials,heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls - Residential Districts. 20.14.025 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area, including basements, garages and carports contained in all buildings on a building site in an R-1.5 District shall not exceed 1.5 times the buildable area of the site. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For dwellings and permitted accessory buildings, the building height limit shall be specified in Chapter 20.02. (Ord. 94-3, March 16, 1994; Ord. 92-43, September 23, 1992; Ord. 1486 § 2; January 22, 1973: Ord. 1451 § i (part);July 24, 1972;amended by Ord. 1454 §7,September 11, 1972-, amended by Ord. 1882 § 1; June 22, 1981). 20.14.030 SITE AREA AND DWELLING AREA. The minimum building site area shall be five thousand (5,000) square feet. On any building site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordinance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this Section, 20.14.035 BUILDABLE AREA. The maximum building area coverage permitted for aggregate buidings shall be full coverage, less required front, side and rear yards. The maximum area of the building shall not exceed 1.5 times the buildable area. (Ord. 1486 § 4; January 22, 1973, Ord. 1451 § 1, (part); July 24, 1972). Page 50 R-1.5 DISTRICT I, Chapter 20.14 20.14.040 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet and a maximum permitted shall be 35 feet, except as may otherwise be indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front lot line,unless a different line is shown on the Districting Map. (Ord. 85-12; June 12, 1985). B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building sites forty feet wide or less, or four feet on lots wider than forty feet, provided that the side yard on the rear twenty feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. For rear yards, there shall be a minimum requirement of ten feet. D. BETWEEN DETACHED BUILDINGS. There shall be a minimum of ten feet between detached buildings. (Ord. 1451 § 1 (part), July 24, 1972). 20.14.045 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.10.025 of General Controls - Residential Districts. 20.14.050 ACCESSORY BUILDINGS - YARDS. Regulations .are as specified in Section 20.10.030 of General Controls - Residential Districts. 20.14.055 SWIMMING POOLS-YARDS-EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.14.060 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the Districting Map shall be revised accordingly. (1949 Code § 9105.42, added by Ord. 1134; August 9, 1965). 20.14.070 PARKING. Regulations are as speed in Section 20.10.050 of General Controls - Residential Districts. (Ord. 1856, § 7, 1980). Page 51 R-2 District Chapter 20.15 R : 2 DI � TItI �T Chapter 20.15 R-2 DISTRICT Sections: 20.15.010 Effect of Chapter. 20.15.015 Uses Permitted. 20.15.020 Uses Requiring Use Permit. 20.15.025 Building Height and Floor Area Limit. 20.15.030 Site Area and Lot Width. 20.15.035 Site Area Coverage. 20.15.040 Yards. 20.15.045 Access to Dwellings and Extensions Into Yards. 20.15.050 Accessory Buildings - Yards. 20.15.055 Swimming Pools - Yards - Equipment. 20.15.060 Changes in Yard Requirements. • 20.15.070 Parking. 20.15.080 Open Space Option 20.15.010 EFFECT OF CHAPTER. The following regulations shall apply in all R-2 Districts, subject to the provisions of Chapter 20.10. (Ord. 1754 § 2, 1977). 20.15.015 USES PERMITTED. The following uses shall be permitted in the R-2 Districts: (a) Single-family dwellings. (b) Two detached single-family dwellings or one duplex. (c) Accessory uses normally incidental to single-family dwellings or duplexes. This is not to be construed as permitting any commercial uses, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (e) Signs in accordance with Chapter 20.06. (Ord. 1753 § 5, 1977; Ord. 1172 § 3, 1966: prior 1949 Code § 9103.21 added by Ord. 635, 1950 as amended by Ord. 845; 1958 and by Ord. 1158 § 3; 1966). Page 52 R-2 District Chapter 20.15 20.15.020 USES REQUIRING USE PERMIT. Recreational establishments, parking lots,institutions, cemeteries,public outdoor buildings,removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Sections 20.10.020 of General Controls - Residential Districts. 20.15.025 BUILDING HEIGHT AND FLOOR AREA LIMIT, The total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides or open on one side and unroofed, contained in all buildings on a building site in an R-2 District shall not exceed two times the buildable area of the site. In the area designated as Old Corona del Mar, as more specifically described under Section 20.11.010(A),the total gross floor area shall not exceed one and one-half(1.5) times the buildable area of the site. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For dwellings and permitted accessory buildings, the building height limit shall be 24/28 feet as specified in Chapter 20.02. (Ord. 94-3, March 16, 1994; Ord. 92-43, September 23, 1992, Ord. 91-19, June 12, 1991). 20.15.030 SITE AREA AND LOT WIDTH. A. TWO DWELLINGS OR DUPLEX. For each two dwellings or one duplex there shall be a minimum area of 5,000 square feet and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on corner lots. In no case shall there be more than two single-family dwellings or one duplex on any one building site. B. FAMILY UNIT IN ANY BUILDING. For each family unit in any building, there shall be a minimum of 1,000 square feet of land area, C. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this section. 20,15.035 SITE AREA COVERAGE. The maximum building site coverage permitted for aggregate buildings shall be full coverage, less required front, side, and rear yards. (1949 Code § 9103.24 added by Ord. 635; December 12, 1950). 20.15.040 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet and a maximum permitted shall be 35 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. (Ord. 85-12; June 12, 1985). B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building site 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a comer lot,where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. For rear yards, there shall be a minimum requirement of 10 feet. Page 53 R-2 District Chapter 20.15 D. BETWEEN DETACHED BUILDINGS. Minimum 10 feet. (1949 Code §9103.25 added by Ord. 635;December 12, 1950, as amended by Ord. 845;April 14, 1958: Ord. 1754 § 2, 1977). 20.15.045 ACCESS TO DWELLINGS AND EXTENSIONS INTO YARDS. Extensions into required setbacks may be permitted as specified in Section 20.10.025 of General Controls - Residential Districts, provided that within the area of Corona del Mar, as defined in Section 20.11.010 A, on lots 30 or more feet wide, a four foot side yard setback shall be maintained, up to a minimum height of 8 feet above grade, between the primary entrance to any dwelling unit and the public street or alley. Within this area, a three foot wide unobstructed walkway shall be provided. This walkway shall be paved, and the only above grade encroachments permitted in this area shall be steps essential for use of a first floor entrance. The requirements of this section are not intended to affect the buildable area of a lot. (Ord. 90-18, June 13, 1990). 20.15.050 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10.030 of General Controls - Residential Districts. 20.15.055 SWIMMING POOLS-YARDS-EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.15.060 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said .decision. If the City Council approves such changes, the Districting Map shall be revised accordingly. (1949 Code s 9105.42, added by Ord. 1134; August 9, 1965). 20.15.070 PARKING. Regulations are as specified in Section 20.10.050 of General Controls - Residential Districts, except that within the area of Corona del Mar, as defined in Section 20.11.010 A, a minimum of two parking spaces per dwelling unit shall be provided. (Ord. 90-18, June 13, 1990; Ord. 1856, § 9, 1980). 20.15.080 OPEN SPACE OPTION. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times six feet and may be provided anywhere on the lot behind the required setback lines. This open space shall be open on at least two sides and shall have a minimum dimension in any,direction of at least six feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than-six 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 six 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 I� Page 53-1 R-2 DISTRICT Chapter 20.15 open space may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. (Ord. 1754 s 2, 1977, and as amended by Ord. 83-10; March 16, 1983). heliports and helistops, outdoor lighting may be permitted as specified more particularly in Sections 20.10.020 of General Controls-Residential Districts. Page 54 R-3 DISTRICT Chapter 20.16 R = 3 DIaJRIIcT Chapter 20.16 R-3 DISTRICT Sections: 20.16.010 Effect of Chapter 20.16.015 Uses Permitted. 20.16.020 Uses Requiring Use Permit. 20.16.025 Accessory Uses. 20.16.030 Building Height and Floor Area Limit. 20.16.035 Site Area. 20.16.040 Site Area Coverage. 20.16.045 Yards. 20.16.050 Extensions Into Yards. 20.16.055 Accessory Buildings - Yards. 20.16.060 Swimming Pools - Yards - Equipment. 20.16.065 Changes in Yard Requirements. 20.16.075 Parking. 20.16.010 EFFECT OF CHAPTER. The following regulations shall apply in all R-3 Districts, subject to the provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona del Mar are subject additionally to the provisions of Chapter 20.11. 20.16.015 USES PERMITTED. The following uses shall be permitted in the R-3 Districts. (a) Single-family dwellings and duplexes. to (b) Multiple dwellings, apartment houses and dwelling groups. Page 55 R-3 DISTRICT _ Chapter 20.16 (c) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (d) Signs in accordance with Chapter 20.06. (Ord. 1753 § 6, 1977: Ord. 1172 § 4, August 8, 1966: prior 1949 Code § 9103.31 added by Ord. 635; December 12, 1950 as amended by Ord.974, October 30, 1961 and by Ord. 1158§4;May 9, 1966). 20.16.020 USES REQUIRING USE PERMIT. The following uses shall be permitted, subject to the securing of a use permit in each case: (a) Community centers, social halls, lodges, clubs, rest homes, and motels. (b) Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20,10.020 of General Controls -Residential Districts. (Ord. 1753 § 7, 1977: 1949 Code § 9103.32 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.16.025 ACCESSORY USES. Accessory uses and buildings normally incidental to any of the above shall be permitted. This shall not be construed as permitting any commercial uses or occupation other than those specifically listed, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. 20.16.030 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an R-3 District shall not exceed three times the buildable area of the site;provided,however,that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar,building height and floor area limit regulations are as specified in Section 20.11,020 (b) of Residential Development Standards. (Ord. 94-3, March 16, 1994). Rage 56 ' R-3 DISTRICT Chapter 20.16 20.16.035 SITE AREA. A. BUILDING OR GROUP OF BUILDINGS. For each building or group of buildings, there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet of area on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on comer lots. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, there shall be a minimum of twelve hundred square feet of land area. C. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this Section. 20.16.040 SITE AREA COVERAGE. For aggregate building coverage, the maximum site coverage permitted shall be full coverage, less required front, side and rear yards. (1949 Code § 9103.36 added by Ord. 635; December 12, 1950). 20.16.045 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet and a maximum permitted shall be 35 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. (Ord. 85-12; June 12, 1985). For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula and Corona del Mar,front yard open space requirements are as specified in Newport Beach Municipal Code Section 20.11.040-Residential Development Standards. B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building sites 40 feet wide or less, or 4 feet on lots wider than 40 feet;provided, that the side yard on the rear 20 feet of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. The minimum width for rear yards shall be 10 feet. D. SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS. (1) Distance between buildings in any dwelling group shall be a minimum of 8 feet wide. (2) Side yards providing access to single row of dwelling group shall be a minimum of 12 feet wide. Page 57 R-3 DISTRICT Chapter 20.16 (3) Inner courts providing access to double row dwelling groups shall be a minimum of 20 feet wide. (1949 Code§ 9103.37 added by Ord.635;December 12, 1950). 20,16.050 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.10.025 of General Controls - Residential Districts, 20.16.055 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10.030 of General Controls - Residential Districts. 20.16.060 SWIMMING POOIS-YARDS-EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.16.065 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (1949 Code § 9105.42, added by Ord. 1134; August 9, 1965). 20.16.075 PARKING. Regulations are as specified in Section 20.10.050 of General Controls - Residential Districts. (Ord. 1856 § 11, 1980). Page 58 R-4 DISTRICT Chapter 20.17 R = A D15TR1 -CT Chapter 20.17 R-4 DISTRICT Sections: 20.17.010 Effect of Chapter. 20.17.015 Uses Permitted. • 20.17.020 Uses Requiring Use Permit. 20.17.025 Accessory Uses. 20.17.030 Building Height and Floor Area Limit. 20.17.035 Site Area. 20.17.040 Site Area Coverage. 20.17.045 Yards. 20.17.050 Extensions Into Yards. 20.17.055 Accessory Buildings - Yards. 20.17.060 Swimming Pools - Yards - Equipment. 20.17.065 Changes in Yard Requirements. 20.17.075 Parking. 20.17.010 EFFECT OF CHAPTER. The following regulations shall apply in all R-4 Districts, subject to the provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona del Mar are subject additionally to the provisions of Chapter 20.11. 20.17.015 USES PERMITTED. The following uses shall be permitted in R-4 Districts: (a) Single-family dwellings and duplexes. Is (b) Multiple dwellings, apartment houses and dwelling groups. Page 59 R-4 DISTRICT Chapter 20.17 (c) Hotels, motels and rooming or boarding houses. (d) Community centers, social halls, lodges and clubs. (e) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (f) Signs in accordance with Chapter 20.06. (Ord. 1753 § 8, 1977: 1949 Code § 9103.41 added by Ord. 635; December 12, 1950 as mended by Ord. 974; October 30, 1961). 20.17.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to first securing a use permit in each case: (a) Professional offices. (b) Hotel and Motel restaurants, "on-sale" liquor establishments, and other appurtenant services and retail shops designed primarily for the convenience of the guests of hotels and motels provided that all access shall be from a lobby,patio or court yard, and further;provided,that no advertising be visible from any street. (c) Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls - Residential Districts. (Ord. 1753 § 9, 1977: 1941 Code § 9103.42 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.17.025 ACCESSORY USES. Accessory uses and buildings normally incidental to any of the above shall be permitted. This shall not be construed as permitting any commercial use or occupation, other than those specifically permitted,nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. 20.17.030 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an R-4 District shall not exceed three times the buildable area of the site;provided,however,that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. For purposes of calculating the allowable gross floor area, the Page 60 R-4 DISTRICT Chapter 20.17 floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar,building height and floor area limit regulations are specified in Section 20.11.020 (b)of Residential Development Standards. (Ord.94-3,March 16, 1994). 20.17.035 SITE AREA. A. GENERAL. For each building or group of buildings, there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on corner lots. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, the minimum lot area shall be 800 square feet. ' C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel or motel, the minimum lot area shall be 300 square feet. D. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this Section. 20.17.040 SITE AREA COVERAGE. For aggregate building coverage, the maximum site coverage permitted shall be full coverage, less required front, side and rear yards. (1949 Code § 9103.36 added by Ord. 635; December 12, 1950). 20.17.045 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet and a maximum permitted shall be 35 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. (Ord. 85-12; June 12, 1985). For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula and Corona del Mar,front yard open space requirements are as specified in Newport Beach Municipal Code Section 20.11.040-Residential Development Standards. B. SIDE YARDS. For main buildings three stories or less in height, a side yard on each side of the building equal in width to eight percent of the average width of the lot shall be provided. Beginning with the fourth story of main buildings over three stories in height, the width of each of the required side yard shall be increased a distance equal to two Page 61 R-4 DISTRICT Chapter 20.17 percent (2%) of the average width of the lot for each story in excess of three. In no event, however, shall a side yard of more than 25 feet be required. (1949 Code § 9103.47 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). C. REAR YARDS. The minimum width for rear yards shall be 10 feet. D. SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS. (1) Distance between buildings in any dwelling group shall be a minimum of 8 feet wide. (2) Side yards providing access to single row of dwelling group shall be a minimum of 12 feet wide. (3) Inner courts providing access to double row dwelling groups shall be a minimum of 20 feet wide. (1949 Code § 9103.37 added by Ord. 635; December 12, 1950). 20.17.050 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.10.025 of General Controls - Residential Districts. 20.17.055 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10.030 of General Controls - Residential Districts. 20.17.060 SWIMMING POOLS-YARDS-EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. 20.17.065 CHANGES IN YARD REQUIREMENTS. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (1949 Code § 9105.42 added by Ord. 1134, August 9, 1965). 20.17.075 PARKING. Regulations are as specified in Section 20.10.050 of General Controls - Residential Districts. (Ord. 1856, § 13, 1980). Page 62 "-B" DISTRICT Chapter 20.18 B '! D I S T R I C T Chapter 20. 18 "-B" DISTRICT Sections: 20.18.010 Effect of Chapter. 20. 18. 020 Site Area. 20.18.030 Uncovered Rear Yard Area. 20.18. 040 Slope Ratio Approval Required. 20.18. 050 Site Area. 20. 18.010 EFFECT OF CHAPTER. The following regulations shall apply in lieu of building site area, yard and lot width requirements in the respective districts where such districts are combined with the "-B" District, and shall be subject to the provisions of Chapter 20. 10. All other provisions of the respective districts shall apply. (1949 Code § 9104. 1 added by Ord. 635, December 12 , 1950 as amended by Ord. 845; April 14, 1958) . 20. 18.020 SITE AREA. The following minimum building site area, lot sizes and setbacks shall be required and the following maximum coverage shall be allowed in the respective "-B" Districts: COMBINING DESIGNATION B: Building site area 6000 square feet. Lot width 60 feet. Lot length 80 feet. Front yard 20 feet. Rear yard 6 feet. Side yard 6 feet. Maximum coverage 60 percent. COMBINING DESIGNATION B-1: Building site area 7500 square feet. Lot width 75 feet. Lot length 90 feet. Front yard 15 feet. Rear yard 7 feet. Side yard 7 feet. Maximum coverage 60 percent. Page62-1 "-B" DISTRICT Chapter 20.18 COMBINING DESIGNATION B-2: Building site area 10, 000 square feet. Lot width 90 feet. Lot length 100 feet. Front yard 15 feet. Rear yard 10 feet. Side yard 10 feet. Maximum coverage 60 percentage COMBINING DESIGNATION B-3: Building site area 20,000 square feet. Lot width 100 feet. Lot length 150 feet. Front yard 15 feet. Rear yard 10 feet. Side yard 10 feet. Maximum coverage 60 percent. COMBINING DESIGNATION B-4: As designated on zoning map; provided, that no requirements be less than B-3 regulations. All setbacks on the street side of a corner lot shall not be less than that required on existing or adjacent reversed frontage when such exists. (1949 Code S 9104.11 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958) . 20. 18. 030 UNCOVERED REAR YARD AREA. There shall be a minimum of 750 square feet or rear yard land area adjoining the main dwelling maintained uncovered. (1949 Code S 9104.11-1 added by Ord. 845; April 14, 1958) . 20.18.040 SLOPE RATIO APPROVAL REQUIRED. Any banks graded or benched for building sites in "-B" Districts wherein cuts are required, leaving banks or slopes of a greater grade than a ratio of 3 to 1, shall be approved by the Planning Commission prior to obtaining a building permit. (1949 Code S 9104.12 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958) . 20. 18.050 SITE AREA. The following minimum building site area shall be required for each family unit (maximum density permitted in R Districts where combined with °-B" District) : R-2 R-3 R-4 B 3000 sq. ft. 1500 sq. ft. 1250 sq. ft. B-1 3000 sq, ft. 1500 sq. ft. 1250 sq. ft. B-2 3000 sq. ft. 2000 sq. ft. 1500 sq. ft. B-3 3000 sq. ft. 2000 sq,. ft. 1500 sq. ft. (1949 Code S 9104.13 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958) . Page 63 Multi-Family Residential (MFR) District Chapter 20.19 Chapter 20.19 MULTI-FAMILY RESIDENTIAL (MFR) DISTRICT Sections: 20.19.010 Effect of Chapter 20.19.015 Uses Permitted. 20.19.020 Uses Requiring Use Permit. 20.19.025 Accessory Uses. 20.19.030 Building Height and Floor Area Limit. 20.19.035 Site Area. 20.19.040 Site Area Coverage. 20.19.045 Yards. 20.19.050 Access to Dwellings and Extensions Into Yards. 20.19.055 Accessory Buildings - Yards. 20.19.060 Swimming Pools - Yards - Equipment. 20.19.065 Changes in Yard Requirements. 20.19.075 Parking. 20.19.010 EFFECT OF CHAPTER. The following regulations shall apply in all MFR Districts, subject to applicable provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona del Mar are subject additionally to the provisions of Chapter 20.11. Where the provisions of this Chapter are more restrictive than those of Chapters 20.10 or 20.11, the provisions of this Chapter shall apply. (Ord. 89-28; Dec. 27, 1989). 20.19.015 USES PERMITTED. The following uses shall be permitted in the MFR District. (a) Single-family dwellings and duplexes. (b) Multiple dwellings, apartment houses and dwelling groups. (c) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (d) Signs in accordance with Chapter 20.06. (Ord. 89-28; Dec. 27, 1989). Page 63-1 Multi-Family Residential (MFR) District Chapter 20.19 20.19.020 USES REQUIRING USE PERMIT. The following uses shall be permitted, subject to the securing of a use permit in each case: (a) Recreational facilities developed as part of a residential development,parking lots, senior citizen housing facilities, public utility stations developed as part of a residential development, removal of earthen materials, temporary heliports and helistops; (b) Outdoor lighting may be permitted as speed more particularly in Section 20.10.020 of General Controls - Residential Districts. (Ord. 89-28; Dec. 27, 1989). 20.19.025 ACCESSORY USES. Accessory uses and buildings normally incidental to any of the above shall be permitted. This shall not be construed as permitting any commercial uses or occupation other than those specifically permitted,nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (Ord. 89-28; Dec. 27, 1989). 20.19.030 BUILDING HEIGHT AND FLOOR AREA LIMIT. The total gross floor area contained in all buildings on a building site in an MFR District 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; and provided, further, that in no event shall any building exceed the height permitted for the 28/32 Foot Height Limitation District as specified in Chapter 20.02. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona del Mar, floor area limit regulations are as specified in Section 20.11.020 (b) of Residential Development Standards. Where the provisions of this Section are more restrictive than those of Section 20.11.020 (B), the provisions of this Section shall apply. (Ord. 94-3, March 16, 1994; Ord. 89-28; December 27, 1989). 20.19.035 SITE AREA. A. BUILDING OR GROUP OF BUILDINGS. For each building or group of buildings, there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet of area and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on corner lots. Page 63-2 Multi-Family Residential (MFR) District Chapter 20.19 B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, there shall be a minimum of twelve hundred square feet of land area unless otherwise indicated on the Districting Maps. For purposes of determining the allowable number of units, areas which have a slope greater than two to one (2:1) or which are submerged shall be excluded from land area. Submerged areas are defined to be areas which are below Mean Higher High Water. Notwithstanding any other provision of this section, at least two dwelling units may be permitted on any lot or parcel which was legally in existence as of October 24, 1988, and which has a land area of at least 2,400 square feet, excluding areas having a slope greater than 2:1 and submerged areas. C. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provisions of this Section. (Ord. 90-23, June 13, 1990; Ord. 89-28; Dec. 27, 1989). 20.19.040 SITE AREA COVERAGE. For aggregate building coverage, the maximum site coverage permitted shall be full coverage, less required front, side and rear yards. (Ord. 89-28; Dec. 27, 1989). 20.19.045 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 20.feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. B. ' SIDE YARDS. Each side yard shall not be less than 3 feet wide on building 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 eight 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 corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. The minimum width for rear yards shall be 10 feet, except where the lot is adjacent to an alley, in which case the requirements of Section 20.10.025 F shall apply, provided that in the area of Corona del Mar, as defined in Section 20.11.010, a minimum rear yard setback of 8 feet shall,be provided on the first floor adjacent.to an alley. D. SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS. Distance between buildings in any dwelling group shall be a minimum of 10 feet wide. Page 63-3 Multi-Family Residential (MFR) DIstrict OF �- - Chapter 20.19 E. OPEN SPACE, 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 two 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%of the required open space shall be open to the sky and open on at least two 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 any direction of at least six feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than six 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 six foot dimension in any direction. 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 %of the required open space shall be contiguous to the required front yard setback, and a minimum of 25 % of the required open space shall be contiguous to the required rear yard setback. (Ord. 89-28; Dec. 27, 1989). 20.19.050 ACCESS TO DWELLINGS AND EXTENSIONS INTO YARDS. Extensions into required setbacks may be permitted as specified in Section 20.10.025 of General Controls - Residential Districts, provided that within the area of Corona del Mar, as defined in Section 20:11.010, on lots 30 or more feet wide,a four foot side yard setback shall be maintained, up to a minimum height of 8 feet above finished grade, between the primary entrance to any dwelling unit and the public street or alley. Within this area, a three foot wide unobstructed walkway shall be provided. This walkway shall be paved, and the only above grade encroachments permitted in this area shall be steps essential for use of a first floor entrance. The requirements of this section are not intended to affect the buildable area of a lot. (Ord. 89-28; Dec. 27, 1989). 20.19.055 ACCESSORY BUILDINGS - YARDS. Regulations are as specified in Section 20.10,030 of General Controls -Residential Districts. (Ord. 89-28; Dec. 27, 1989). 20.19.060 SWIMMING POOLS-YARDS-EQUIPMENT. Regulations are as specified in Section 20.10.035 of General Controls - Residential Districts. (Ord. 89-28; Dec, 27, 1989). 20.19.065 CHANGES IN YARD REQUIREMENTS, The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for the subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify the he Council approves such changes, the districting ma shall be revised decision. If t City g P tY PP accordingly. (Ord. 89-28; Dec. 27, 1989). Page 63-4 Multi-Family Residential (MFR) District Chapter 20.19 20.19.075 PARKING. A. Storage or parking space for the parking of automobiles off the street shall be provided as follows: 1. One or two dwelling units on a lot: At least two parking spaces for each dwelling unit. 2. Three dwelling units on a lot: At least two parking spaces for each dwelling unit and one additional guest parking space, for a total of seven spaces overall. 3. Four or more dwelling units on a lot: At least 2.5 parking spaces for each dwelling unit of which at least 0.S parking spaces per dwelling unit shall be provided for guest parking. Parking spaces required for other uses allowed in any residential district not set forth above shall be determined by the Planning Commission, B. Parking of automobiles on the roof of a building in the MFR District is prohibited. C. In addition to the above noted parking standards, the following parking controls shall also apply: 1. For each dwelling unit there shall be at least one covered parking space. 2. For each dwelling unit, there shall be at least one independently accessible parking space. 3. Tandem parking up to a maximum of two cars in depth shall be permitted. However, tandem parking shall not be permitted for guest parking. 4. Parking in side yards shall be permitted; provided, however, that structural encroachments shall not be permitted, except as noted in this section. When three parking spaces are provided across the rear of a lot less than 30 feet 10 inches wide, one garage wall may encroach into the required side yard setback. Its distance from the property line shall be at least 26 inches plus the amount (if any) that the width of the lot exceeds 30 feet. The substandard side yard created thereby shall have a clear passageway 26 inches wide, unobstructed by fences, utility meters, hose bibs, or any other appurtenances which could interfere with use of the passageway by Asemergency personnel or equipment. Page 63-5 Multi-Family Residential (MFR) District Chapter 20.19 5. Parking in front yards shall be permitted on driveways in front of garages that set back at least nineteen feet from the front property line, provided, however, that structural encroachments shall not be permitted. 6. All guest parking spaces shall be independently accessible. D. The following areas need not be included in the gross floor area: 1. Parking spaces which are open on at least two sides, or open on one side and one end; and 2. Twenty-five square feet of storage area adjacent to or a part of a parking space on a lot less than thirty-two feet wide; provided that no plumbing is located in the storage area, and provided that three parking spaces are provided side by side across one end of the lot. E. Subject to the provisions of Chapter 20.83, structures which were in existence or under construction on the effective date of this Ordinance, and which do not provide the required number of parking spaces, may be expanded or altered without providing additional required parking spaces as follows: 1. Minor alterations such as the remodeling of existing buildings where no additional living space is proposed; and 2. Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms. (Ord. 1876 § 3, 1981; Ord. 1856 § 1, 1980.) t r PAGE 63-6 MOBILEE HOME PARK DISTRICT Chapter 20.20 Chapter 20.20 MOBILE HOME PARKS Sections: 20.20.010 Intent 20.20.020 Definitions 20.20.030 Criteria for Application of Zone 20.20.040 Uses Permitted 20.20.050 Removal of the Mobile Home Park Overlay Zone 20.20.010 INTENT. The Mobile Home Park Residential Zone is hereby established as an overlay zone to permit the application of a mobile home zone to parcels of land developed with mobile home parks and zoned with a primary underlying zoning designation. The purpose of the mobile home park zone is to designate existing mobile home parks in appropriate locations for mobile home park uses in order that these uses may be encouraged, maintained, and protected. The regulations of this district are designed to achieve an environment of stable, desirable residential character and preserve areas or communities developed with mobile home residential uses. Whenever reference is made in this section or on any districting maps to MHP, this shall mean Mobile Home Park Overlay Zone. 20.20.020 DEFINITIONS. As used in this Chapter, the following terms shall have the meanings indicated: (a) Mobile home - 'Mobile home" is a structure transportable on a street or highway by authorization or a permit in one or more sections designed and equipped for human habitation to be used with or without a foundation system. Mobile home includes manufactured homes but does not include recreation vehicles, commercial coaches, or factory-built housing. (b) Mobile home park - "Mobile home park" is any area of land used primarily for the placing, parking or storage of two or more mobile homes for housekeeping, sleeping or living quarters. (c) Mobile home space - 'Mobile home space" is any area, tract of land, site, lot, pad or portion of a mobile home park designated or used for the occupancy of one mobile home. PAGE 63-7 MOBILEE HOME PARK DISTRICT Chapter 20.20 20.20.030 CRITERIA FOR APPLICATION OF ZONE. The City Council, in making its determination whether to apply the MHP zone to any particular property, shall consider the following factors in making its determination as to whether the MHP zone is appropriate for the property: (a) Existing zoning and General Plan designations. (b) The age and condition of the mobile home park. (c) The relationship of the mobile home park to surrounding land uses. (d) Vehicle access to the area under consideration. (e) Site area. (f) Site configuration. 20.20.040 USES PERMITTED. (a) Mobile home parks as regulated by the State of California. (b) Accessory uses and structures .incidental to the operation of mobile home parks such as recreation facilities and/or community centers of a non-commercial nature, either public or private, storage facilities for the use of the mobile home park residents and any other uses or structures that are incidental to the operation of a mobile home park. (c) Whenever property is zoned MHP, any use permitted by the un:la 9 zoning of such property shall not be permitted. 20.20.050 REMOVAL OF THE MOBILE HOME PARK OVERLAY ZONE. The City Council shall not approve a zoning amendment for any parcel, which amendment would have the effect of removing the MHP designation from that property, unless the following findings have been made: (a) That the proposed zoning is consistent with the General Plan of the City of Newport Beach and all elements thereof, and in the event that the proposed zoning is P-C, that the Planned Community Development Plan has been submitted and is consistent with the General Plan and all elements thereof; PAGE 63-8 MOBILE HOME PARK DISTRICT Chapter 20.20 (b) That the property which is the subject of the zoning amendment would be more appropriately developed in accordance with uses permitted by the underlying zoning, or proposed zoning, and if the underlying zoning or proposed zoning is P-C, that a Planned Community Development Plan has been submitted and the property would be more appropriately developed with the uses specified in that plan; (c) That a mobile home park phaseout plan has been prepared, reviewed and considered and found to be acceptable. A phaseout plan shall not be found to be acceptable unless it includes (1) a time schedule and method by which existing mobile homes, cabanas, ramadas and other substantial improvements and tenants, are to be relocated or appropriately compensated; (2) methods of mitigating the housing impacts on tenants having low and moderate incomes, elderly tenants and tenants who are handicapped; (3) the programs or other means that are to be implemented such that the housing impacts on those described in (2), above, are mitigated. For purposes of this provision, "low and moderate incomes" shall be defined in accordance with the provisions of the Housing Element of the City of Newport Beach. (Adopted by Ord. 1894; February 11, 1982). I PART III: COMMERCIAL DISTRICTS Chapters: 20.30 General Controls - Commercial Districts 20.31 A P District 20.32 C-N District 20.33 Commercial-Residential District 20.34 C-O District 20.35 C-1 District 20.36 C-2 District 20.37 -R District , 1 Page 64 GENERAL CONTROLS COMMERCIAL Chapter 20.30 Chapter 20.30 GENERAL CONTROLS - COMMERCIAL DISTRICTS Sections: 20.30.010 Effect of Chapter 20.30.015 Temporary Structures and Uses. 20.30.020 Uses Requiring Use Permit. 20.30.025 Extensions Into Yards. 20.30.030 Automobile Storage or Parking Space for Commercial Uses. 20.30.035 "H" Combining District. 20.30.040 "Z" Combining District. 20.30.045 Requirements for Off-Street Parking. 20.30.050 Plans and Drawings for Commercial Districts. 20.30.055 Building Site Area Exception. 20.30.010 EFFECT OF CHAPTER. The general controls contained in this Chapter shall apply to all developments in Commercial Districts and A-P Districts. 20.30.015 TEMPORARY STRUCTURES AND USES. A. INTENT AND PURPOSE. The intent and purpose of this Section is to establish procedures whereby the Director of Community Development or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The Director of Community Development may authorize the temporary use of structures and land in any Commercial District for a period of time not to exceed 90 days. Prior to approving said temporary use the Director of Community Development shall inform the Planning Commission of his intent to permit said use and shall take whatever steps or precautions are necessary to assure that said use will be consistent with the purpose and intent of this Section and that said land or building will be restored at such time as the use is terminated. Page 65 GENERAL CONTROLS COMMERCIAL Chapter 20.30 C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The Planning Commission may authorize the temporary use of structures and land in any Commercial District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving said use permit the Planning Commission may impose whatever conditions they deem necessary to assure that the purpose and intent of this Section is carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. D. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above. (Ord. 1753 § 10, 1977: Ord. 1591 § 1, 1974; 1949 Code § 9105.10) added by Ord. 1130, 1965). 20,30.020 USES REQUIRING USE PERMIT. The following uses shall be permitted in any Commercial District subject to the securing of a use permit. (a) Recreational establishments,including: circuses,carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public and quasi-public buildings, senior citizen housing facilities (where residency is limited to elderly persons), and municipally-operated parking lots. (c) Parking automobiles on roofs. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any Commercial District unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The Community Development Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such belistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. `= Page 66 GENERAL CONTROLS COMMERCIAL Chapter 20.30 (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R' District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 1446; June 26, 1972). (g) Reoocatable Buildings. No building permit or relocation permit shall be issued for the erection or placement of a relocatable building unless the applicant for said building permit has first applied for and obtained a use permit from the Planning Commission to maintain said relocatable building at a specific location. (Ord. 1774 (part), § 3, 1978). 20.30.025 EXTENSIONS INTO YARDS. A. ARCHITECTURAL FEATURES. Architectural features such as cornices or eaves may extend not exceeding 21/z feet into any required front or rear yard setback; provided, however, that such architectural features shall not project any closer than 2 feet from any side property line. B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to exceed 8 feet in width, constructed of incombustible material, may encroach to a distance of 2 feet into any required front yard setback of 10 feet or more for any residential structure in a Commercial District; provided, that the fireplace and chimney must be located not less than 5 feet from any side yard setback line. Fireplaces and chimneys not to exceed 9 feet in width, constructed of incombustible material, may encroach to a maximum distance of 2-'/2 feet from any side yard setback line provided that such encroachment must be at least 2 feet from any side property line. C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a distance not exceeding 5 feet into any required front yard setback. D. MARQUEES, AWNINGS, AND SHADES. Marquees, awnings, or shades may project from a residential building in a Commercial District into the front yard setback not to exceed 5 feet from the building nor more than half the depth of the required front yard, and must be within the required side yard lines and have a clearance above grade vertically of not less than 5'h feet. Any such projection from the building shall be self-supporting and shall be of incombustible material or of not less than one-hour fire resistive construction. Page 67 GENERAL CONTROLS COMMERCIAL Chapter 20.30 r Marquees, awnings, or shades may project from the building into the rear yard setback of a residential building not to exceed Vi feet. E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from said mapped street, and in no case shall the provisions of this Title be construed as permitting any encroachment upon any mapped street. (Ord. 1398 § 1, August 9, 1971; Ord. 1176 § 2, September 12, 1966: prior 1949 Code § 9105.4(a•g) added by Ord. 635; December 12, 1950 as amended by Ord. 1035, April 8, 1963). 20.30.030 AUTOMOBILE STORAGE OR PARKING SPACE FOR COMMERCIAL USES. A. REQUIRED PARKING. Off-street parking in accordance with the requirements of Section20.30.035 entitled"H"Combining District shall be required of all property in all commercial zoning districts which has not previously been included within a"V or'V Combining District. All properties in Commercial Districts which do not meet the requirements of this Section shall be classified as nonconforming uses. B. NONCONFORMING USES. The provisions of Chapter 20.83 entitled "NONCONFORMING STRUCTURES AND USES" shall be applicable to structures and uses which are nonconforming only because they do not comply with the parking -- requirements set forth in Subsection A above. C. ENCLOSED PARKING SPACE FOR COMMERCIAL USES. The enclosure of commercial off-street parking may be permitted, subject to the following conditions: 1. That doors remain open during regular business hours. 2. That a sign be posted on the business frontage which advises patrons of the availability and location of parking spaces. 3. That a sign be posted on the rear of the site which contains the following information: a) Doors are to remain open during business hours b) A number to call for Code Enforcement c) Municipal Code Section 4. That the location, size and color of the signs required by 2 and 3 above shall be approved by the Planning Director. (Ord. 91-9, March 27, 1991; Ord. 90-22, June 13, 1990; Ord. 1292 § 1, March 10, 1969). Page 68 GENERAL CONTROLS COMMERCIAL. Chapter 20.30 20.30.035 "H" COMBINING DISTRICT. The following regulations shall apply in all Commercial Districts with which are combined "H" Districts, in addition to the regulations hereinbefore specified therefore, and shall be subject to the provisions of Chapter 20.30; provided, however, that if any of the regulations specified in Subsection A and Subsection B below differ from any of the corresponding regulations specified in this Section for any district with which is combined an "H" District, then in such case the provisions of Subsections A and B shall govern. (1949 Code § 9104.2 added by Ord. 635; December 12, 1950, as amended by Ord. 845; April 14, 1958). A. USES PERMITTED. The following uses shall be permitted in "-H" Districts: All uses permitted in the respective districts with which the "-H" District is combined, subject to approval as to design of buildings and design and location of parking lot; except, however, as provided in Sections 20.30.035 (B.) and 20.30.035 (C.). (1949 Code § 9104.21 (part) added by Ord. 635; December 12, 1950 as amended by Ord. 901;December 28, 1959). B. OFF-STREET PARKING REQUIRED - SCHEDULE. Off-street parking on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sites, shall be required in all districts with which the "-H" District is combined, according to the following formula: (1) Retail Stores and specialty food uses: One parking space for each 250 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. (2) Office Buildings (except where portion is used as a medical or dental office): One parking space for each 250 square feet of net floor area, except as provided in Section 20.30.035 (C.). (3) Wholesale and Industry: One parking space for each 2,000 square feet of gross floor area and one loading space for each 10,000 square feet of gross floor area, but in no event shall there be less than 10 parking spaces for each such establishment. (4) Public Assembly: One parking space for each three seats where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main assembly hall where seating is not fixed; where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. (5) Theaters: One parking space for each three seats. (6) Hotels: One parking space for each two guest rooms. Page 69 GENERAL CONTROLS COMMERCIAL Chapter 20.30 so (7) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. (8) Clinics: One parking space for each 250 square feet of gross floor area,plus one additional space for each doctor and one for each employee. (9) Motels: One parking space for each guest unit. (10) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. (11) Nail Salons: One parking space for each 80 square feet of gross floor area. (Ord. 95-30, September 13, 1995; Ord. 95-10, April 26, 1995; Ord. 95-3% September 13, 1995; Ord. 85-17, October 23, 1985; Ord. 1623 § 2, 1975; Ord. 1404 § 3, September 20, 1971; 1949 Code § 9104.21(a) added by Ord. 635, December 12, 1950 as amended by Ord. 901, December 28, 1959; Ord. 85-17, October 23, 1985; Ord. 88.17, July 13, 1988).), C. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings,as specified in Section 20.30.035(B.)(2), may be modified in accordance with the following schedule: (1) For the first 125,000 sq. ft., parking shall be provided at one space per 250 sq. ft. of net floor area. (2) For the next 300,000 sq. ft., parking shall be provided at one space per 300 sq.ft. of net floor area. (3) Any additional floor area, parking shall be provided at one space per 350 sq.ft. of net floor area. For pools based on more than 425,000 sq. ft. of net floor area, the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula. (Ord. 1665 § 1, 1976; Ord. 1404 §4, September 20, 1971). D. OFF-STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: (1) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the surrounding area. Page 70 GENERAL CONTROLS COMMERCIAL Chapter 20.30 (3) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. (5) A fee as established by resolution of the City Council is deposited with City for the administrative costs of processing such requests for off-street parking on a ' separate lot. (Ord. 89-4, Mar. 15, 1989; Ord. 901, Dec. 20, 1959; Ord. 635, Dec. 12, 1950; 1949 Code § 9104.21(b)). E. BUILDING LOCATION. In case no building line is established by the Street and Highway Plan of the Master Plan or by the provisions of this Chapter for the street on which any building will front, in any district with which an %H" District is combined, no such building shall be erected, constructed, moved or structurally altered, so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic movements and the standing of vehicles which will be incidental to the use of such building. Such distance to be designated by the Planning Commission as a part of the action on plans submitted with the application for a permit for such building, as provided in Chapter 20.30. (Ord. 89-35, Dec. 27, 1989; 1949 Code § 9104.22 added by Ord. 635; December 12, 1950). 20.30.040 "Z" COMBINING DISTRICT. The following regulations shall apply in all Commercial Districts with which are combined "Z" Districts, in addition to the regulations hereinbefore specified therefor,provided,however,that if any of the regulations specified in the"Z"District differ from any of the corresponding regulations specified in this Section for any District with which is combined the "Z" District, then and in such case the provisions of the "Z" District shall govern. (1949 Code § 9104.3 added by Ord. 913, February 23, 1960). A. USES PERMITTED. The following uses shall be permitted in "-Z" Districts: All uses permitted in the respective districts with which the"-Z"District is combined, subject to approval as to design of building and design and location of parking lot; except, however, Page 71 GENERAL CONTROLS COMMERCIAL Chapter 20.30 OR as provided in Subsections B and C below. (1949 Code § 9104.31 (part) added by Ord.913; February 23, 1960), B. OFF-STREET PARKING REQUIRED - SCHEDULE. Off-street parking, on the building site, or on a separate lot from the building site or sites with City Council approval on recommendation of the Planning Commission,shall be required in all districts with which the "-V District is combined, according to the following formula: (1) Retail and Wholesale Stores and specialty food uses: One parking space for each 350 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. (2) Office Buildings (except where any portion is used as a medical or dental office): One parking space for each 350 Square feet of net floor area. (3) Public Assembly: One parking space for each three seats where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main assembly hall where seating is not fixed; where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. (4) Theaters: One parking space for each three seats. (5) Hotels: One parking space for each two guest rooms. (6) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. (7) Clinics: One parking space for each 250 square feet of gross floor area, plus one additional space for each doctor and one for each employee. (8) Motels: One parking space for each guest unit. (9) Apartments: One parking space for each unit having not more than one bedroom; otherwise two parking spaces per unit. (10) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. (11) Nail Salons: One parking space for each 80 square feet of gross floor area. (Ord. 95-30, September 13, 1995; Ord. 95-10,April 26, 1995; Ord. 85-17, October 23, 1985; Ord. 1623 § 3, 1975; Ord. 1404 §5, 1971; Ord. 85-17, October 23, 1985; (� Ord. 88-17, July 13, 1988) Page 72 GENERAL CONTROLS COMMERCIAL Chapter 20.30 C. OFF-STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: (1) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the surrounding area. (3) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by • the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. (5) A fee as established by resolution of the City Council is deposited with City for the administrative costs of processing such requests for off-street parking on a separate lot. (Ord. 89-3, Mar. 15, 1989; Ord. 913, 1960; 1949 Code § 9104.31 (b)). D. WAIVER OF OFF-STREET PARKING REQUIREMENTS. The Planning Commission may recommend and the City Council may approve, on petition of the property owner, a waiver of or reduction in off-street parking required by the terms of this Section under the following conditions: (1) When a municipal parking lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) When the building site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. (Ord. 89-35, Dec. 27, 1989; Ord. 913, 1960; 1949 Code § 9104.31(c). 20.30.045 REQUIREMENTS FOR OFF-STREET PARKING. A. Page 73 GENERAL CONTROLS COMMERCIAL Chapter 20.30 APPLICABILITY. The requirements of this Section and any off-street parking standards adopted by the City Council shall apply to the following: (1) All off-street parking lots and areas hereafter developed which are required by this Title. (2) All parking lots which are hereafter permitted subject to first securing a use permit. (3) All parking lots and parking areas which are hereafter required by the Planning Commission as a condition of granting a use permit. Such off-street parking standards shall be adopted by resolution and shall show minimum dimensions of parking spaces and aisles, requirements for entrances and exits, and requirements for markings and other devices deemed necessary to protect patrons,the traffic on adjoining streets and alleys, and property owners in the vicinity. B. BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin . property in an R-1 or R-2 District, a wall shall be constructed along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of disturbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of which must be of solid masonry construction. C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Building Official for approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this Section and in the off-street parking standards. If the proposed parking lot or parking area as shown on the plot plan meet the requirements, the Building Official shall endorse his written approval on the plan and retain a copy thereof. If the proposed plot plan does not meet the requirements of this Section, the Building Official shall return the plan to the applicant, together with a written statement setting forth the deficiencies in the plan, within ten calendar days after the submission of the plan to the Building Official. The parking lot or parking area shall be developed and maintained in accordance with the plan as approved. D. VARIANCE. Where the size, shape, location, or topography of the proposed parking lot or parking area make compliance with the requirements of this Section impractical and will result in hardship, the Planning Commission, upon application, may waive such requirements of this Section and the off-street parking standards as are necessary to permit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detrimental to surrounding property. (1949 Code § 9105.51 added by Ord. 1031; March 25, 1963). Page 74 GENERAL CONTROLS COMMERCIAL Chapter 20.30 20.30.050 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. A. In case an application is made for a permit for any building or structure in any Commercial District, the application shall be accompanied by architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building, or structure and proposed landscape or other treatment of the grounds around such building or structure and other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be considered by the Planning Commission in an endeavor to provide that such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and'harmonious development of the City, or not to impair the desirability of investment or occupation in the neighborhood. (Ord. 83-45, 1958; Ord. 635, 1950; 1949 Code § 9105.6(a)). B. ARCHITECTURAL COMMITTEE - APPOINTMENT AND MEMBERSHIP. The Planning Commission may appoint an Architectural Committee of three members,who may be employees in the following departments: Department of Community Development and City Engineer. (Ord. 845, 1958; Ord. 635, 1950; 1949 Code § 9105.6(b)). C. AUTHORITY OF ARCHITECTURAL COMMITTEE - STANDARDS. The • Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 20.30.050 (A.), but all approvals shall be based on standards of good architectural design; such standards, which shall be entitled 'Drawings and Illustrated Architectural Standards for Certain Areas Designated in Title 20 of the Municipal Code of the City of Newport Beach", shall be approved by the Planning Commission and the City Council, and shall be on file in the Department of Community Development. The drawings shall show desirable architectural standards, but are not designs which must be copied in order to secure approval of plans. (Ord. 845, 1958; Ord. 635, 1950; 1949 Code § 9105.6(c)). D. APPEAL FROM ARCHITECTURAL COMMITTEE ACTION. In case the applicant is not satisfied with the decision of the Architectural Committee, he may within thirty days after such action appeal in writing to the Planning Commission. The Architectural Committee may,if it deems advisable, refer any application for architectural approval to the Planning Commission for its decision. (Ord. 845, 1958; Ord. 635, 1950; 1949 Code § 9105.6(d)). E. APPEAL FROM PLANNING COMMISSION ACTION. In case the applicant is not satisfied with the action of the Planning Commission, he may within twenty-one (21) days appeal in writing to the City Council and the Council shall render its decision within thirty (30) days after the filing of such appeal. (Ord. 1415 § 1, 1971; Ord. 845, 1958; Ord. 635, 1950; 1949 Code § 9105.6(e)): F. APPROVAL OF PLANS REQUISITE TO PERMIT ISSUANCE. No permit shall be issued in any case as provided in Section 20.30.050 (A.) until such drawings and sketches Page 75 GENERAL CONTROLS COMMERCIAL Chapter 20.30 have been approved by the Planning Commission or by the City Council in the event of appeal from the Planning Commission, and all buildings, structures and grounds shall be in accordance with the drawings and sketches. (Ord. 845, 1958; Ord. 635, 1950; 1949 Code § 9105.6(f)). 20.30.055 BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the regulations for the District in which it is located. (1949 Code § 9105.3 added by Ord. 635, December 12, 1950). Page 76 GENERAL CONTROLS . COMMERCIAL Chapter 20.30 PLEASE NOTE: Pages 76 thra 78 are unused. • t i Page 79 A-P DISTRICT Chapter 20.31 Chapter 20.31 A-P DISTRICT Sections: 20.31.010 Effect of Chapter. 20.31.015 Uses Permitted. 20.31.020 Uses Requiring Use Permit. 20.31.025 Building Height and Floor Area Limit. 20.31.030 Site Area. 20.31.035 Yards. 20,31,010 Extensions Into Yards. 20.31.050 Automobile Storage or Parking Space. 20.31.055 Requirements for Off-Street Parking. 20.31.065 Plans and Drawings for Commercial District. 20.31.010 EFFECT OF CHAPTER. The following regulations apply in all A-P Districts and shall be subject to the provisions of Chapter 20.30. (Ord. 1170 § 5 (part); July 25, 1966). 20.31.015 USES PERMITTED. The following uses shall be permitted in A P Districts. (a) Professional offices, business offices, banks, conservatories of art and music, art studios, art galleries, community centers, social halls, lodges and clubs, medical centers, physical, medical and diagnostic laboratories, photography studios, pharmacies for dispensing of drugs and medical supplies only, and other uses which in the opinion of the Planning Commission are of a similar nature. (b) Accessory uses normally incidental to commercial develop- ments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. Page 80 A P DISTRICT Chapter 20.31 (c) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. (d) Signs in accordance with Chapter 20.06. (Ord. 1753 § 11, 1977; Ord. 1170 § 5 (part); July 25, 1966). 20.31.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to first securing a use permit in each case: (a) Dance studios, restaurants, outdoor restaurants, drive-in and take-out restaurants, retail sales and interior decorating studios. (b) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts. (Ord. 85-17, October 23, 1985). 20.31.025 BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA IMdIT. The total gross floor area and building bulk contained in all buildings on a building site in an A P District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.02. ((Ord. 89-19, Sept.13, 1989; Ord. 1454 § 11, September 11, 1972: prior Ord. 1170 § 5 (part); July 25, 1960). 20.31.030 SITE AREA. The building site area required shall be a minimum of 2,000 square feet. The minimum building site frontage required shall be 25 feet. (Ord. 1170 § 5 (part); July 25, 1966). 20.31.035 YARDS. A. FRONT YARDS. The minimum width required for front yards shall be 15 feet; provided, however, that where the frontage in a block is partially in an R District the front yard shall be not less than that required in such R District. B. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 5 feet. Rear yards abutting on alleys shall have a minimum width of 10 feet. (Ord. 1170 § 5 (part); July 25, 1966). 20.31.040 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. Page81 A- DISTRICT Chapter 20.31 20.31.050 AUTOMOBILE PARKING AND STORAGE SPACE. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. 20.31.055 REQUIREMENTS FOR OFF-STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. 20.31.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. I iA Page 82 C-N DISTRICT Chapter 20.32 Chapter 20.32 C-N DISTRICT Sections: 20.32.010 Effect of Chapter. 20.32.015 Uses Permitted. 20.32.020 Uses Requiring Use Permit. 20.32.025 Building Height and Floor Area Limit. 20.32.030 Site Area. 20.32.035 Yards. 20.32.040 Extensions Into Yards. 20.32.050 Automobile Storage or Parking Space. 20.32.055 Requirements for Off-Street Parking. 20.32.065 Plans and Drawings for Commercial Districts. 20.32.010 EFFECT OF CHAPTER. The following regulations shall apply in all C-N Districts, subject to the provisions of Chapter 20.30. (Ord. 845 (part), 1958: 1949 Code § 9103.480). 20.32.015 USES PERMITTED. The following uses shall be permitted in C-N Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores, spec' ty food uses in accordance with Chapte 20.72, an personal service alb' hments within a building, including ap is nce stores, bakeries (not who esale), banks, barber shops, beauty parlors, ook stores, department stores, drug stores,food shops,hardware stores,nurseries, offices, stores, antique shops, shoe shops, studios, tailor shops, and other uses radios q p , P which in the opinion of the Planning Commission are of a similar nature. (c) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. Page 83 C-N DISTRICT Chapter 20.32 (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. (e) Signs in accordance with Chapter 20.06, (Ord. 90-31,August 8, 1990; Ord.89- 35,Dec. 27, 1989; Ord. 1753 § 12, 1977; Ord, 1623 §4, 1975; Ord. 1016 (part), 1962; Ord. 845 (part), 1958; 1949 Code § 9103.481). 20.32.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Gasoline service stations, drive-in facilities, restaurants, outdoor restaurants and drive-in and take-out restaurants. (b) Recreational establishments,institutions, cemeteries,public buildings,parking of automobiles on roofs,removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls- Commercial Districts. (Ord. 1753 § 13, 1977, Ord, 85-17, October 23, 1985). 20.32.025 BUILDING HEIGHT,BUILDING BULK,AND FLOOR AREA LIMIT. The total gross floor area and building bulk contained in all buildings on a building site in a C-N District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height specified in Chapter 20.02. (Ord. 89-19, Sept.13, 1989; Ord. 1454§ 12, 1972; prior Ord. 974 (part), 1961; Ord. 845 (part), 1958; 1949 Code § 9103. 482). 20.32.030 SITE AREA. The building site area required shall be a minimum of 2,000 square feet. Minimum building site frontage required shall be 25 feet. (Ord. 974 (part), 1961; Ord. 845 (part), 1958; 1949 Code § 9103.483). 20.32.035 YARDS. Front yards shall have a minimum width of 15 feet; provided, however, that where the frontage in a block is partially in an R District, the front yard shall be not less than that required in such R District. (Ord. 974 (part), 1961;Ord. 845 (part), 1958; 1949 Code § 9103.484). 20.32.040 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. �I Page 84 C-N DISTRICT Chapter 20.32 20.32.050 AUTOMOBILE PARKING AND STORAGE SPACE. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. 20.32.055 REQUIREMENTS FOR OFF-STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. 20.32.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. Page 85 COMMERCIAL DISTRICT REGULATIONS Chapter 20.33 Chapter 20.33 COMMERCIAL DISTRICT REGULATIONS Sections: 20.33.010 Effect of Chapter 20.33.015 Intent and Purpose 20.33.020 Use of Land or Structures 20.33.025 Temporary Uses and Structures 20.33.030 Dwellings in Commercial Districts 20.33.035 Site Area and Frontage 20.33.040 Floor Area, Building Bulk, and Building Height 20.33.045 Setbacks 20.33.050 Extensions into Yards 20.33.055 Automobile Storage or Parking Spaces for Commercial Uses 20.33.060 Off-street Parking on a Separate Lot 20.33.065 Standards for Off-street Parking 20.33.070 Specific Districts 20.33.010 EFFECT OF CHAPTER. The general controls contained in this Chapter shall apply to all developments in the Retail and Service Commercial,Recreational and Marine Commercial, and Administrative, Professional, and Financial Commercial Districts. (Ord. 90-41; December 13, 1990). 20.33.015 INTENT AND PURPOSE. It is the intent of the City to provide a variety of commercial districts for the conduct of private business, and to accommodate other incidental or mixed uses and to establish development standards under which those uses would be permitted. (Ord. 9041; December 13, 1990). 20.33.020 USE OF LAND OR STRUCTURES. Uses permitted in commercial districts and uses permitted upon the approval of the Planning Director, Modifications Committee, or Planning Commission shall be as provided in Table 20.33 and provided further as follows: A. HELIPORTS AND HELISTOPS. No helicopter shall land or take off and no heliport or helistop shall be established in any Commercial District unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The License Supervisor may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if the License Supervisor determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area. Appropriate conditions to such approval may be attached. Page 86 COMMERCIAL DISTRICT REGULATIONS Chapter 20.33 B. OUTDOOR LIGHTING. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any"R"District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 93-1, April 70 1993; Ord. 90.41, December 13, 1990). 20.33.025 TEMPORARY USES AND STRUCTURES. A. INTENT AND PURPOSE. The intent and purpose of this Section is to establish procedures whereby the Planning Director or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when such uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and do not violate any other ordinances and regulations of the City. B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The Planning Director may authorize the temporary use of structures and land in any Commercial District for a period of time not to exceed 90 days. Prior to approving a temporary use the Planning Director shall inform the Planning Commission of the intent to permit the temporary use and shall take whatever steps or precautions are necessary to assure that the use will be consistent with the purpose and intent of this Section and that the land or building will be restored at such time as the use is terminated. C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The Planning Commission may authorize the temporary use of structures and land in any Commercial District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving the use permit the Planning Commission may impose whatever conditions it deems necessary to assure that the purpose and intent of this Section are carried out and shall establish a specific point in time when the permit is to be terminated and the site restored. D. TEMPORARY REAL ESTATE STRUCTURES. The Planning Director may approve temporary sales offices for the first sale or lease of structures and/or lots for a period of time up to one year following the recordation of the final subdivision map, or when a map is required, one year following issuance of a building permit. E. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The Planning Director and the Planning Commission may authorize extensions of time subject to the procedures specified above. (Ord. 90-41; December 13, 1990). 20.33.030 DWELLINGS IN COMMERCIAL DISTRICTS. Residential uses shall be permitted only where the commercial district is combined with the Residential Overlay (-R) District, in compliance with Chapter 20,37. (Ord. 9041; December 13, 1990). Page 87 COMMERCIAL DISTRICT REGULATIONS ' Chapter 20.33 20.33.035 SITE AREA AND FRONTAGE. The Building Site Area required shall be a minimum of 2,000 square feet. Minimum building site frontage required shall be 25 feet. However, any lot or parcel of land under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than specified in this section. (Ord. 90-41; December 13, 1990). 20.33.040 FLOOR AREA, BUILDING BULK, AND BUILDING HEIGHT. The total gross floor area and building bulk contained in all buildings on a buildable site in any commercial district shall be as specified in Chapter 20.07. The building height limit shall be as specified in Chapter 20.02. (Ord. 90-41; December 13, 1990). 20.33.045 SETBACKS A. YARDS. Setbacks shall be as follows unless otherwise indicated on the Districting Maps. 1. Front Yards No front yard setback shall be required except as modified by the provisions of Section 20.33.070 C, APF District Controls. 2. Side Yards No side yard setback shall be required except where the side of a lot abuts an R district, in which case a side yard setback of at least 5 feet shall be maintained. 3. Rear Yards No rear yard setback shall be required except as follows: a. Where the rear of a lot abuts an R district a rear yard setback of at least 5 feet shall be maintained. b. Where the rear of a lot abuts an alley, a rear yard setback of at least 10 feet shall be maintained. 4. Bulkhead Setbacks A setback of at least 10 feet shall be maintained from all bulkheads. B. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from the mapped street. In no case shall the provisions of this Title be construed as permitting any encroachment upon any mapped street. Page 87-1 COMMERCIAL.DISTRICT REGULATIONS Chapter 20.33 C. BUILDING LOCATION. Where no building line is established by the Master Plan of Streets and Highways or by the provisions of this Chapter for the location of any building, all buildings shall be located an adequate distance from all travel lanes to provide adequate space for the pedestrian and traffic movements and the standing of vehicles which will be incidental to the use of such building. The distance shall be designated by the Planning Commission. (Ord. 90-41; December 13, 1990). 20.33.050 EXTENSIONS INTO YARDS. A. ARCHITECTURAL FEATURES. Architectural features such as cornices or eaves may extend up to 21h feet into any required setback; provided, however, that such architectural features shall not project any Closer than 2 feet to any side property line. Any such features shall maintain a clearance above grade vertically of at least 8 feet. B. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a maximum distance of 5 feet into any required front yard setback. C. MARQUEES, AWNINGS, AND SHADES. Marquees, awnings, or shades may project into any required setback a maximum of 5 feet or half the depth of the required setback, whichever is less, provided a minimum side yard setback of 2 feet is maintained Any such marquee, awning or shade shall maintain a clearance above grade vertically of at least 8 feet. Any such projection from the building shall be supported entirely by the wall of the building, and shall meet all requirements of the Building Code. (Ord. 90.41; December 13, 1990). 20.33.055 AUTOMOBILE STORAGE OR PARKING SPACES FOR COMMERCIAL USES. A. REQUIRED PARKING. Off-street parking shall be provided on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sites, and shall be required according to the following formula. All properties in commercial districts which do not meet the requirements of this Section shall be classified as nonconforming and subject to the provisions of Chapter 20.83. 1. Retail Stores and Specialty Food Uses: One parking space for each 250 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. 2. Office Buildings (except where portion is used as a medical or dental office): One parking space for each 250 square feet of net floor area, except as provided in Section 20.33.055 (B) below. Page 87-2 COMMERCIAL DISTRICT REGULATIONS • Chapter 20.33 3. Wholesale and Industry: One parking space for each 2,000 square feet of gross floor area and one loading space for each 10,000 square feet of gross floor area. One parking space shall be provided for each 250 square feet of gross floor area of office space or retail space provided in conjunction with any wholesale or industrial use. 4. Public Assembly: One parking space for each three seats where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main assembly hall where seating is not fixed; where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. 5. Theaters: One parking space for each three seats. 6. Hotels: Parking shall be provided on the basis of a demonstrated formula to be approved by the Planning Commission. 7. Motels inns and bed and breakfast establishments: One parking space for each guest unit. 8. Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. • 9. Clinics: One parking space for each 250 square feet of gross floor area, plus one additional space for each doctor and one for each employee. 10. Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. B. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified in Section 20.33.055(A), may be modified in accordance with the following schedule: 1. For the first 125,000 sq. ft., one parking space shall be provided for each 250 sq. ft. of net floor area. 2. For the next 300,000 sq. ft., one parking space shall be provided for each 300 sq. ft. of net floor area. 3. For any additional floor area, one parking space shall be provided for each 350 sq. ft. of net floor area. • For pools based on more than 421,010 sq. ft, of net floor area, the Planning Commission may modify the parking formula by use permit, based on a demonstrated formula. Page 87-3 COMMERCIAL DISTRICT REGULATIONS Chapter 20.33 C. WAIVER OF OFF-STREET PARKING REQUIREMENTS. The Planning Commission may recommend and the City Council may approve, on petition of the property owner, a waiver of or reduction in off-street parking required by the terms of this Section under the following conditions: 1. When a municipal parking lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. 2. When the building site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously.(Ord. 95-30, September 13, 1995; Ord. 90-41; December 13, 1990). 20.33.060 OFF-STREET PARKING ON A SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: 1. Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. 2. Parking on such lot will not create undue traffic hazards in the surrounding • area. 3. Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). 4. The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. 5. A fee as established by resolution of the City Council is deposited with the City for the administrative costs of processing such requests for off-street parking on a separate lot. (Ord. 90.41; December 13, 1990). 20.33.065 STANDARDS FOR OFF-STRE13T PARKING. . A. APPLICABILITY. The requirements of this Section and any off-street parking Page 87-4 COMMERCIAL DISTRICT REGULATIONS Chapter 20.33 standards adopted by the City Council shall apply to all off-street parking lots and areas which are required by this Title. Such off-street parking standards shall be adopted by resolution and shall specify minimum dimensions of parking spaces and aisles, requirements for entrances and exits, and requirements for markings and other devices deemed necessary to protect patrons,the traffic on adjoining streets and alleys, and property owners in the vicinity. B. BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin property in a Residential District, a wall shall be constructed along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of disturbance. The wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of which must be of solid masonry construction. C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Traffic Engineer and the Building Official for their review and approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements . set forth in this Section and in the off-street parking standards. The Building Official shall retain a copy of the approved plan. The parking lot or parking area shall be developed and maintained in accordance with the approved plan. D. EXCEPTIONS. Where the size, shape, location, or topography of the proposed parking lot or parking area make compliance with the requirements of this Section impractical and will result in hardship,the Modifications Committee,upon application, may waive such requirements of this Section and the off-street parking standards as are necessary to permit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detrimental to surrounding property. (Ord. 90-41; December 13, 1990). 20.33.070 SPECIFIC DISTRICTS. It is the City's intent to establish specific commercial districts where uses are organized for particular purposes as follows: A. RETAIL AND SERVICE COMMERCIAL (RSC) DISTRICT. It is the intent of the RSC District to provide areas which are predominantly retail in character but which allow some service office uses. B. RECREATIONAL AND MARINE COMMERCIAL (RMC) DISTRICT. L I Page 87-5 COMMERCIAL DISTRICT REGULATIONS Chapter 20.33 10 1. Intent It is the intent of the RMC District to preserve and encourage uses with a marine commercial and visitor serving orientation in waterfront areas. 2. Special Controls Within the RMC District, certain uses shall be permitted only where combined with marine incentive uses which occupy at least 40 percent of the lot. Incentive uses and those uses with which marine incentive uses are required are indicated on Table 20.33. For purposes of determining compliance with this Section, "site" shall be defined as the total land area within the established property lines of a parcel, including any portion under water. Forty percent (409o') of this total area shall be occupied by an incentive use as defined herein. For those permitted uses such as boat slips located between the U.S. Bulkhead Line and the U.S. Pierhead Line, any area on the site supporting the permitted uses, such as parking devoted exclusively to the boat slips, shall be included in the calculation of incentive uses to determine compliance with this Section. Where a mixed-use development is proposed, the area devoted to non-incentive, • permitted uses which are not required to operate in conjunction with an incentive use shall be subtracted from the total area of the development. Forty percent (40%) of the balance of the total development shall be devoted to an incentive use. C. ADMINISTRATIVE,PROFESSIONAL, AND FINANCIAL COMMERCIAL(APF) DISTRICT. 1. nt It is the intent of the APF District to provide areas which are predominantly used for offices but which also accommodate support retail and service uses. 2. Special Controls a. Notwithstanding the provisions of Section 20.33.045 A, a fifteen foot front yard setback shall be maintained on all property located in the APF District except where otherwise specified on the Districting Maps. b. Within the APF District, ancillary personal service and retail uses shall be . permitted on a property separate from the principle use upon the finding by 1 Page 87-6 COMMERCIAL DISTRICT REGULATIONS Chapter 20.33 the Planning Director that the uses remain subordinate to and serve the principle use pursuant to the definition contained in Section 20.87.355 of the Zoning Code. (Ord. 92-47, December 9, 1992; Ord. 90-41, December 13, 1990) Page 87-7 COINIMERCIAL DISTRICT REGULATIONS Chapter 20.33 toTABLE 20.33 TYPE OF USE EXAMPLES RSC APF RMC REDUCED FAR USES (Floor area ratio up to 0.3) PUBLIC ASSEMBLY AUDITORIUMS UP UP UP THEATERS UP UP UP FOOD USES DRIVE-IN/TAKE OUT RESTAURANTS UP UP UP RESTAURANTS UP UP UP DRIVE-IN FACILITIES UP UP UP THEATER/NIGHTCLUBS UP UP UP BARS UP UP UP MISC. HEALTH CLUB/AEROBICS STUDIOS UP UP UP MINI-MARTS YES yF.S_ UP SOCIAL CLUBS UP UP UP BASE FAR USES (Floor area ratio up to 0.5) ART OR INSTRUCTIONAL ART STUDIOS YES YES YES FACILITIES PHOTOGRAPHY STUDIOS YES YES UP DANCE STUDIOS UP UP NO MUSICIART SCHOOLS UP UP UP PRIVATE INSTRUCTIONAL FACILITIES UP UP UP lie MARINE USES BOAT CHARTER(BOATS PRESENT) UP NO INC-P BOAT SALES(BOATS PRESENT) UP NO INC-P MARINE SERVICE STATION UP NO INC-UP AUTOMOBILE RELATED USES AUTO DETAILING/CAR WASH UP UP UP AUTO RENTAL(OFFICE ONLY) YES YES UP* AUTO RENTAL(VEHICLESTRESENT) UP UP NO AUTO REPAIRS UP UP NO AUTO SALES/LEASING UP UP NO (VEHICLES PRESENT) AUTO WINDOW TINTING UP UP NO INSTALLATION OF AUTO SOUND SYSTEMS UP UP NO GASOLINE SERVICE STATIONS UP UP UP PROFESSIONAL SERVICES ACCOUNTANTS YES YES UP* ARCHITECTS YES YES UP* ATTORNEYS YES YES UP* CHIROPRACTORS YES YES UP* DENTAL OFFICE YES YES UP* ENGINEERS YES YES UP* INTERIOR DECORATORS YES YES UP* MARINE-RELATED OFFICE INCLUDING: YES YES YES BOAT CHARTER(OFFICE ONLY) YES YES YES BOAT SALES(OFFICE ONLY) YES YES YES MEDICAL OFFICE YES YES UP* PRINTERS YES YES UP* REALTORS/ESCROW YES YES UP* 'F OTHER PROFESSIONAL SERVICES YES YES UP* Page 87-8 COMMERCIAL DISTRICT REGULATIONS Chapter 20.33 Isl FREESTANDING OFFICES NOT CORPORATE OFFICE BUILDINGS NO YES NO OFFERING GOODS OR SERVICES EDITORIAL AND DESIGN NO YES NO TO THE GENERAL PUBLIC RESEARCH AND DEVELOPMENT NO YES NO PERSONAL SERVICES ACUPUNCTURE YES YES UP* BARBERS YES ANC UP* BEAUTY PARLORS YES ANC UP* CLEANERS/LAUNDRIES YES ANC UP* (COLLECTION ONLY) CLEANERSILAUNDRIES UP UP NO (PLANT ON PREMISES) FORTUNE TELLING YES YES UP* MASSAGE PARLOR YES UP UP* MORTUARIES UP UP UP* NAIL SALONS YES ANC UP* REPAIR OF SMALL APPLIANCES YES YES UP* SHOE REPAIR YES YES UP* TAILORS YES YES UP* OTHER PERSONAL SERVICES YES ANC UP* RETAIL ART GALLERIES YES YES YES APPLIANCE STORES YES ANC NO BAKERIES YES ANC YES BOOKSTORES YES ANC YES CLOTHING STORES YES ANC YES DELII SENS YES 6— YES D5ARTMEN ORES YES NO NO HARDWARE STORES YES ANC P* JEWELRY STORES YES YES YES OUTDOOR SALES UP UP UP PHARMACIES YES ANC NO PLANT NURSERIES YES NO NO RETAIL MARINE SALES YES ANC BQC-P SHOE STORES YES ANC P* SPECIALTY SHOPS YES ANC P* SPECIALTY FOOD SERVICE(PER 20.72) PD PD PD SUPERMARKETS YES NO NO GENERAL RETAIL SALES YES ANC P* RECREATIONAL FACILITIES GYMS UP UP UP BILLIARD PARLORS UP UP UP RETAIL AND SERVICE ANIMAL HOSPITALS(INCLUDING COMMERCIAL WITH ANIMALS CREAMATORIES AND CARETAKERS PRESENT RESIDENCE) UP UP NO PET SHOPS UP NO NO DOG GROOMERS UP ANC NO PUBLIC ASSEMBLY/CLUBS SERVICE CLUB UP UP UP YACHT CLUB UP UP ING-UP MISC. BANKS/LENDERS YES YES UP* DAY CARE YES ANC UP* HANDICRAFT ESTABLISHMENTS YES NO P* LAUNDROMATS YES NO UP* ACCESSORY USES INCIDENTAL TO YES YES YES Ap COMMERCIAL DEVELOPMENTS, CONSTRUCTED CONCURRENT WITH OR SUBSEQUENT TO THE MAIN BUILDING WHERE THE CHARACTER OF THE PREMISES IS NOT ALTERED Page 87-9 CONRVIEERCIAL DISTRICT REGULATIONS Chapter 20.33 MAXIMUM FAR USES (Floor area ratio up to 0.75 or 1.0) MARINE USES BOAT BUILDING NO NO INC-UP BOAT HAUL-OUT NO NO INC-P BOAT REPAIR NO NO INC-P OVERNIGHT BED AND BREAKFASTS UP UP UP ACCOMMODATIONS HOTEL UP UP UP MOTEL UP UP UP INDUSTRIAL GENERAL LIGHT INDUSTRIAL NO NO UP(L-1) GENERAL LIGHT MANUFACTURING NO NO NO HEAVY INDUSTRIAL NO NO NO GENERAL LABORATORIES NO NO NO MACHINE SHOPS NO NO NO MARINE INDUSTRIAL NO NO INC-UP MARINE MANUFACTURING NO NO INC-UP MEDICAL LABORATORIES NO YES NO RESEARCH LABORATORIES NO NO NO WHOLESALE WHOLESALE SALES ANC ANC ANC CONGREGATE RESIDENCES CONGREGATE CARE FACILITIES UP UP NO ELDERLY RESIDENTIAL UP UP UP SINGLE ROOM OCCUPANCY UP UP UP STORAGE DRY BOAT STORAGE NO NO INC-P MINISTORAGE WHERE SPECIFICALLY UP UP UP PERMITTED BY THE GENERAL PLAN MINISTORAGE,GENERALLY NO NO NO GENERAL STORAGE WHERE SPECIFICALLY UP UP UP PERMITTED BY THE GENERAL PLAN GENERALSTORAGE NO ANC NO OUTDOORSTORAGE NO NO UP FIXED FLOOR AREA RATIO USES CEMETERY/MAUSOLEUM/CREMATORIUM NO NO NO FREESTANDING RELIGIOUS FACILITIES NO NO NO MUNICIPAL OFFICES NO NO NO COMMUNITY CENTERS UP UP UP HOSPITALS NO NO NO PUBLIC LIBRARIES NO NO NO MUSEUMS NO NO NO POST OFFICE(FEDERAL) NO NO NO RESERVOIRS/WATERFACILITIES NO NO NO SCHOOLS NO NO NO TRANSIT FACILITIES UP U/A UP UTILITY SUBSTATIONS NO NO NO Page 87-10 COMMERCIAL DISTRICT REGULATIONS Chapter 20.33 »»OTHER«« OUTDOOR LIGHTING WITHIN 200 FEET OF UP UP UP A RESIDENTIAL DISTRICT TEMPORARY USES UP TO 90 DAYS PD PD PD TEMPORARY USES OVER 90 DAYS UP UP UP TEMPORARY HELISTOPS(UP TO 90 DAYS) PD PD PD HELISTOPS OVER 90 DAYS UP UP UP PORTABLE BUILDINGS UP UP UP ROOFTOP PARKING UP UP UP TENNIS CLUB NO NO NO GOLF COURSE NO NO NO REMOVAL OF EARTHEN MATERIAL UP UP UP EXCEEDING NORMAL GRADING FOR SITE PREPARATION OR LANDSCAPING SIGNS'PER CHAPTER 20.06 YES YES YES YES=PERMITTED ANC=PERMITTED IF ANCILLARY UP=PERMf17'ED WITH USE PERMIT U/A=PERMITTED WITH USE PERMIT IF ANCILLARY INC-P=INCENTIVE USE WHICH IS PERMITTED INC-UP=INCENTIVE USE PERMITTED UPON THE APPROVAL OF A USE PERMIT PD=SUBJECT TO APPROVAL OF THE PLANNING DIRECTOR MOD=SUBJECT TO APPROVAL OF THE MODIFICATIONS COMMITTEE NO=PROHIBITTED UP*= USES PERMITTED UPON THE APPROVAL OF A USE PERMIT WHEN IN CONJUNCTION WITH AN INCENTIVE USE OCCUPYING AT LEAST 40% OF THE SITE AS PROVIDED UNDER SECTION 20.30.020 A P* USES PERMITTED WHEN IN CONJUNCTION WITH AN INCENTIVE USE OCCUPYING AT LEAST 40%OF THE SITE AS PROVIDED UNDER SECTION 20.30.020 A (Ord.95.47,Nov.8,1995;Ord.95-31,September 27,1995;Ord.95-19,July 26,1995;Ord.94-24,June 22,1994;Ord.94-17,May 11,1994). �i. f:1wp51\PImming\Zon-Codc120.33tab.doc Page 88 C-O DISTRICT .� Chapter 20.34 Chapter 20.34 C-O DISTRICT Sections: 20.34.010 Effect of Chapter. 20.34.015 Uses Permitted. 20.34.020 Uses Requiring Use Permit. 20.34.025 Building Height and Floor Area Limit. 20.34.030 Site Area. 20.34.035 Yards. 20.34.040 Extensions Into Yards. 20.34.050 Automobile Storage or Parking Space - Residential Uses. 20.34.055 Automobile Storage or Parking Space - Commercial Uses. 20.34,060 Requirements for Off-Street Parking. 20.34.065 Plans and Drawings for Commercial Districts. 20.34.010 EFFECT OF CHAPTER. The following regulations shall apply in all C-O Districts, subject to the provisions of Chapter 20.30. (Ord. 913 (part), 1960; 1949 Code § 9103.490). 20.34.015 USES PERMITTED. The following uses shall be permitted in C-O Districts: (a) Multiple dwellings or apartment houses, hotels, motels, professional offices, clubs. (b) Retail sales, specialty food uses in accordance with Chapter 20.72, and wholesale sales when combined with retail sales of a similar nature; storage therefore shall be within a building, except for boats. (c) Accessory uses normally incidental to uses permitted in the district. (d) Temporary structures and uses. Regulations are as specified in Section A020.30.015 of General Controls - Commercial Districts. Page 89 C-O DISTRICT Chapter 20.34 (e) Signs in accordance with Chapter 20.06. (Ord.90.31,August 8, 1990; Ord. 89- 35, Dec. 27, 1989; Ord. 1753 § 15, 1977; Ord. 1623 § 6, 1975; Ord. 913 (part), 1960; 1949 Code § 9103.491). 20.34.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Light manufacturing, including repair of bouts, and other uses which in the opinion of the Planning Commission are of similar nature. (b) Gasoline service stations, drive-in facilities, restaurants, outdoor restaurants, and drive-in and take-out restaurants. (c) Recreational establishments,institutions, cemeteries,public buildings,parking of automobiles on roofs,removal of earthen materials,heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts. (Ord. 1753 § 16, 1977; Ord. 1505 § 5, 1973; Ord. 1380 § 39 1971, Ord. 1016 (part), 1962; Ord. 913 (part), 1960; 1949 Code § 9103.492; Ord. 1623 § 7, 1975; Ord. 85-17, October 23, 1985). 20.34.025 BUILDING HEIGHT,BUILDING BULK,AND FLOOR AREA LIMIT. The total gross floor area and building bulk contained in all buildings on a building site in the C-O District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 89-19, Sept.13,1989; Ord. 1454 § 13, September 11, 1972; prior Ord. 974 (part), 1961; Ord. 913 (part), 1960; 1949 Code § 9103.493). 20.34.030 SITE AREA. A. GENERAL. The Building Site Area required shall be a minimum of 2,000 square feet. Minimum building site frontage shall be 25 feet. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, the minimum lot area shall be 800 square feet. C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel or motel, the minimum lot area shall be 300 square feet. (Ord. 974 (part), 1961; Ord. 913 (part), 1960; 1949 Code § 9103.494). 20.34.035 YARDS. A. FRONT YARDS. Except as maybe indicated on the Districting Maps, no front yards shall be required; provided, however, that where the frontage in a block is partially in an R District, the front yard shall be the same as required in such R District. oil Y Page 90 C-O DISTRICT Chapter 20.34 B. SIDE YARDS. For buildings in excess of three stores in height, which are designed exclusively for uses other than residential, there shall be a side yard on each side of the building, beginning with the fourth story, of not less than five feet. The side yards shall be increased in width a distance equal to two percent of the average width of the lot for each story in excess of four. In no event, however, shall a side yard of more than 25 feet be required. For buildings designed to be used in whole or in part for residential purposes, there shall be a side yard on each side of the building, beginning with the first story used in whole or in part for residential purposes, of not less than five feet, increasing in width thereafter a distance equal to two percent of the average width of the lot for each story above the first story used for residential purposes. In no event, however, shall a side yard of more than 25 feet be required. Where the side of a lot abuts the side line of a lot in an R District, the aforementioned requirements shall apply for the side yard abutting the R District at the ground level for all buildings. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than five feet. Rear yards abutting on alleys shall have a minimum width of ten feet. (Ord. 1052 (part), 1963; Ord. 913 (part), 1960; 1949 Code § 9103.495). 20.34.040 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. 20.34.050 AUTOMOBILE STORAGE OR PARKING SPACE - RESIDENTIAL USES. Accessible storage or parking space for the parking of :x automobiles off the street shall be provided as follows: (a) Not less than one garage space for each two guest rooms in any rooming house. (b) Not less than one garage space for each of the first four family units, and two off-street parking spaces, one of which must be a garage space for each additional family unit, in any dwelling group of more than four family units. 20.34.055 AUTOMOBILE STORAGE OR PARKING SPACE - COMMERCIAL USES. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. Page 91 C-O DISTRICT Chapter 20.34 20.34.060 REQUIREMENTS FOR OFF STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. 20.34.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. i Page 92 C-1 DISTRICT Chapter 20.35 Chapter 20.35 C-1 DISTRICT Sections: 20.35.010 Effect of Chapter. 20.35.015 Uses Permitted. 20.35.020 Uses Requiring Use Permit. 20.35.025 Building Height and Floor Area Limit. 20.35.030 Site Area. 20.35.035 Yards. 20.35.040 Extensions Into Yards. 20.35.045 Dwellings in C-1 Districts - Yards. 20.35.050 Automobile Storage or Parking Space. • 20.35.055 Requirements for Off-Street Parking. 20.35.060 Plans and Drawings for Commercial Districts. 20.35.010 EFFECT OF CHAPTER. The following regulations shall apply in all C-1 Districts, subject to the provisions of Chapter 20.30. (Ord. 635 (part), 1950: 1949 Code § 9103.5). 20.35.015 USES PERMITTED. The following uses shall be permitted in C-1 Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building including appliance stores, bakeries (not wholesale), banks, barbershops, beauty parlors, bookstores, department stores, drugstores, food shops, hardware stores, nurseries, offices, radio stores, antiques shops, shoe shops, studios, tailor shops, fortune-telling businesses, and other uses which in the opinion of the Planning Commission are of similar nature. (c) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. Page 93 C-1 DISTRICT ` Chapter 20.35 (d) Temporary structures and uses. Regulations are as specified in Section 20,30.015 of General Controls - Commercial Districts. (e) Signs in accordance with Chapter 20.06. (Ord.90-31,August 8, 1990;Ord.89- 35, Dec. 27, 1989; Ord. 84-26, January 9, 1985; Ord. 1753 § 17, 1977; Ord. 1623 § 8, 1975; Ord. 1016 (part), 1962; Ord. 635 (part), 1950: 1949 Code § 9103.51). 20,35.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Animal hospitals, auto sales and repair shops, boat sales, gasoline service stations, marine service stations, cleaning establishments, laundries, launderettes, mortuaries, outdoor markets, restaurants, outdoor drive-in and take-out restaurants, drive-in facilities, wholesale stores, outdoor sales establishments,pet shops,public garages,trailer courts, theaters,used car sales lots, and other uses which in the opinion of the Planning Commission are of a similar natures. (b) Handicraft enterprises, including the manufacturing and repair of household furnishings, clothing, ceramics, novelties and toys, and uses which in the opinion of the Planning Commission are of a similar nature. (c) Hotels, motels, boarding houses and residential uses. (d) Recreational establishments,institutions, cemeteries,public buildings,parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts. (e) General storage and mini-warehouses, including storage of automobiles within a building, in those areas where said uses are allowed by the General Plan Land Use Element. (Ord. 89.20, Oct.25, 1989; Ord. 1753 § 1801977: Ord. 1623 § 9, 1975; Ord. 1505 § 6, 1973: Ord. 1380 § 4, 1971: Ord. 1016 (part), 1962: Ord. 635 (part), 1950: 1949 Code § 9103.52.) 20.35.025 BUILDING HEIGHT,BUILDING BULK,AND FLOOR AREA LIMIT. The total gross floor area and building bulk contained in all buildings on a buildable site in a C-1 District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 89-19, Sept.13, 1989; Ord, 1454 § 14, 1972:prior Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code § 9103.53). Page C-1 DISTRICT Chapter 20.35 20.35.030 SITE AREA. The Building Site Area required shall be a minimum of 2,000 square feet. Minimum building site frontage required shall be 25 feet. (Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code § 9103.54). 20.35.035 YARDS. A. FRONT YARDS. No front yard shall be required, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R District. B. SIDE YARDS. No side yards shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 5 feet. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 5 feet. Rear yards abutting alleys shall have a minimum width of 10 feet. D. RESIDENTIAL USES. Yard requirements for residential uses shall be established by Use Permit procedure. (Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code § 9103.55). 20.35.040 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.25 of General Controls - Commercial Districts. 20.35.045 DWELLINGS IN C-1 DISTRICTS - YARDS. Every building or portion thereof which is designed or used for any dwelling purpose in any C-1 District shall comply with the requirements of such appropriate residential district as is determined by the use to which such C-1 District property is being put, provided, however, that when the entire ground floor of any such building is used for any commercial purpose, the yard provisions specified for such C-1 District may be applied to the ground floor only. 20.35.050 AUTOMOBILE PARKING AND STORAGE SPACE. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. 20.35.055 REQUIREMENTS FOR OFF-STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. 20.35.060 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial 14 Districts. 'k. 5 . Architectural Features Architectural features, such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (2 1/2) feet into any front, side or rear yard setback. 7. Parkin'g A minimum of 2.0 parking spaces per unit shall be required including one covered space. One of the required spaces may be permitted on ` the driveway of the residence, providing that said driveway has a minimum length of twenty (20) feet , measured from-back of curb, or in the event that sidewalks are constructed, from back of sidewalk. In addition .5 parking spaces per dwelling unit shall be provided. Guest parking may be provided on street or in bays. i' 8. Site Area , For each dwelling unit on any lot there shall be a minimum 3,000 square feet of lot area. 9. Private Recreation Facilities Height limit specified in Section B shall apply. There shall be at least fifteen (15) feet between any private recreation structure and the property line on any adjacent residential structure. 1 w Page C-2 DISTRICT Chapter 20.36 Chapter 20.36 C-2 DISTRICT Sections: 20.36.010 Effect of Chapter. 20.36.015 Intent and Purpose - Conditions. 20.36.020 Uses Permitted. 20.36.025 Uses Requiring Use Permit. 20.36.030 Building Height Limit. 20.36.035 Site Area. 20.36.040 Yards. 20.36.045 Extensions Into Yards. 20.36.050 Dwellings in C-2 Districts - Yards. 20.36.055 Automobile Storage or Parking Space. • 20.36.060 Requirements for Off-Street Parking. 20.36.065 Plans and Drawings for Commercial Districts. 20.36.010 EFFECT OF CHAPTER. The following regulations shall apply in all C-2 Districts, subject to the provisions of Chapter 20.30. (Ord. 635 (part), 1960: 1949 Code § 9103.6). 20.36.015 INTENT AND PURPOSE - CONDITIONS. Uses permitted in the C-2 District shall be planned, developed and operated in such a manner that noise, smoke, dust, odor and waste of any kind is confined and/or purified so as to control pollution of air, soil and water to meet the standards or requirements of the Planning Commission, and in such a manner to eliminate any detrimental effect to public health, safety and welfare and be in harmony with objectives of the planning of this City. The Planning Commission may designate such conditions as it deems necessary to secure the purposes of this section and may require such guarantees and evidence that such conditions are being or will be complied with. (Ord. 845 (part), 1958: 1949 Code §9103.60). 20.36.020 USES PERMITTED. The following uses shall be permitted in the C-2 Districts: (a) Professional offices; community centers; social halls and clubs. Page 96 C-2 DISTRICT Chapter 20.36 (b) Retail stores;specialty food stores in accordance with Chapter 20.72,wholesale stores;wholesale bakeries;research laboratories and institutes;laundries;and storage within a building; fortune-telling businesses and other uses which, in the opinion of the Planning Commission, are of a similar nature. (c) The following uses, when conducted within a building or enclosed by a solid board or masonry fence at least six feet in height in each case: Creameries; bottling works; building material yards; contractors yards; fuel yards; machine shops; storage of goods and materials; and other uses which in the opinion of the Planning Commission are of a similar nature. (d) Accessory uses normally incidental to commercial developments,where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (e) Temporary structures and uses, Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. (f) Signs in accordance with Chapter 20.06. (Ord. 90-31,August 8, 1990;Ord. 89- 35,Dec.27, 1989; Ord. 84-26,January 9, 1985; Ord, 1753 § 1% 1977;Ord. 1152 (part), 1966: Ord. 901 (part), 1959: Ord. 635 (part), 1949 Code § 9103.61). 20.36.025 USES REQUIRING USE PERMIT. Uses permitted, subject to first securing a Use Permit in each case: (a) Dry cleaning plants, lumber yards, light manufacturing, including the manufacture and repair of boats, clothing, novelties and toys, gasoline service stations, drive-in facilities, restaurants, outdoor, drive-in and take-out restaurants, and uses which in the opinion of the Planning Commission are of a similar nature. (b) Hotels, motels, residential uses, trailer courts, and houseboat marinas. (c) Recreational establishments,institutions, cemeteries,public buildings,parking of automobiles on roofs,removal of earthen materials,heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls- Commercial Districts. (Ord. 1753 § 20, 1977: Ord. 1505 § 7, 1973: Ord. 1380 § 5, 1971: Ord. 1152 (part), 1966: Ord. 1037 (part), 1963: Ord. 635 (part), 1950: 1949 Code § 9103.62). Page 97 C-2 DISTRICT Chapter 20.36 20.36.030 BUILDING HEIGHT LIMIT,BUILDING BULK,AND FLOOR AREA LIMIT. The building height limit shall be as specified in Chapter 20.02. Building bulk and development intensity shall be as specified in Chapter 20.07. (Ord. 89-19, Sept.13, 1989; Ord. 1454 § 15, September 11, 1972: prior Ord. 635 (part), 1950: 1949 Code § 9103.63). 20.36.035 SITE AREA. The Building Site Area required for each main building shall be a minimum of 2,000 square feet. Minimum building site frontage shall be 25 feet. (Ord. 635 (part), 1950: 1949 Code § 9103.64). 20.36.040 YARDS. A. FRONT YARDS. No front yards shall be required, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R District. B. SIDE YARDS. No side yards shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 3 feet. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District in which case the rear yard shall be not less than 3 feet. Rear yards abutting on alleys shall have a minimum width of 10 feet. D. RESIDENTIAL USES. Yard requirements for residential uses shall be established by Use Permit procedure. (Ord. 901 (part), 1959: Ord. 635 (part), 1950: 1949 Code § 9103.65). 20.36.045 EXTENSIONS INTO YARDS. Regulations are as specified in Section 20.30.025 of General Controls - Commercial Districts. 20.36.050 DWELLINGS IN C-2 DISTRICTS - YARDS. Every building or portion thereof which is designed or used for any dwelling purpose in any C-2 District shall comply with the requirements of such appropriate residential district as is determined by the use to which such C-2 District property is being put, provided, however, that when the entire ground floor of any such building is used for any commercial purpose, the yard provisions specified for such C-2 District may be applied to the ground floor only. 20.36.055 • AUTOMOBILE PARKING AND STORAGE SPACE. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. 20.36.060 REQUIREMENTS FOR OFF-STREET PARKING. Regulations are as specified in Section 20.30.045 of General Controls - Commercial Districts. Page 48 C-2 DISTRICT Chapter 20.36 20.36.065 PLANS AND DRAWINGS FOR COMMERCIAL DISTRICTS. Regulations are as specified in Section 20.30.050 of General Controls - Commercial Districts. Page 98-1 RESIDENTIAL OVERLAY (-R) DISTRICT Chapter 20.37 CHAPTER 20.37 RESIDENTIAL OVERLAY (-R) DISTRICT 20.37.010 Intent and Purpose 20.37.020 Uses Permitted 20.37.030 Development Standards 20.37.010 INTENT AND, PURPOSE. It is the intent and purpose of this chapter to provide for the establishment of residential uses in commercial districts and to regulate such residential uses through application of the Residential Overlay (-R) District. (Ord. 90-30, August 8, 1990). 20.37.020 USES PERMITTED A. All uses which would be provided under ordinances governing the primary commercial district shall be permitted. B. Residential uses shall be permitted on the second floor or above, where the ground floor is occupied by a use permitted under ordinances governing the Primary commercial district. (Ord. 90-30, August 8, 1990). 20.37.030 DEVELOPMENT STANDARDS A. LOT AREA PER UNIT. One dwelling- unit shall be permitted for each 2,375 square feet of lend area, with a minimum of one dwelling unit allowed per lot, unless otherwise indicated on the Districting Maps. For purposes of determining the allowable number of units, areas which have a slope greater than two to one, (2:1) or which are, submerged shall be excluded from land area. Submerged areas are defined to be areas which are below Mean Higher High Water. B. FLOOR AREA RATIO AND BUILDING BULK. 1. The total gross floor area and building bulk in all structures on any site shall be as specified in Chapter 20.07. 2. The residential portion of the structure, excluding covered parldng, shall be limited to a maximum floor area ratio of .75. Page 98-2 RESIDENTIAL OVERLAY (-R) DISTRICT Chapter 20.37 C. SETBACKS. Setbacks shall be as specified on the Districting Maps or district standards for the underlying commercial district, except that a rear yard setback area of ten feet shall be required on the second floor for residential uses. D. HEIGHT. Building height shall be as specified in Chapter 20.02. E. OFF-STREET PARKING REQUIRED. Off-street parking for nonresidential uses shall be provided in accordance with standards governing the underlying commercial district, except that up to two tandem parking spaces may be provided for non-residential uses where less than four off-street parking spaces are required for non-residential uses. In addition to parking required for commercial uses, a minimum of two offstreet parking spaces shall be provided for each dwelling unit, of which at least one space per dwelling unit shall be covered and at least one space per dwelling unit shall be independently accessible. Parking for the residential use shall be provided on-site with no exceptions. (Ord. 90-30, August 8, 1990). Y PART IV: INDUSTRIAL DISTRICTS Chapters: 20.40 General Controls - Industrial Districts 20.41 M-1 District 20.42 M-1-A District J _ ';rel.;en,]c,^.::;i1rr��,��^T+;r�.Rj!;r,`;^7,':'; ':�:?;r„�.n!�:;n,1. '•;"•?:ifi•;•?�'^.T ..., Page 99 GENERAL CONTROLS INDUSTRIAL Chapter 20.40 G E N E R A L C O N T R O L S - - - - - - - - - - - - - - - - I N D U S T R I A L D I S T R I C T S - - - - - - - - - - - - - - - - - - - Chapter 20.40 GENERAL CONTROLS - INDUSTRIAL DISTRICTS Sections: 20.40.010 Effect of Chapter. 20.40.015 Temporary Structures and Uses. 20.40.020 Uses Requiring Use Permit. 20.40.030 Requirements for Off-Street Parking. 20.40.035 Plans and Drawings for "M" Districts. 20.40.040 Building Site Area Exception. 20.40.010 EFFECT OF CHAPTER. The general controls contained in this Chapter shall apply to all developments in Industrial Districts. 20.40.015 TEMPORARY STRUCTURES AND USES. A. INTENT AND PURPOSE. The intent and purpose of this Section is to establish procedures whereby the Director of Community Development or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The Director of Community Development may authorize the temporary use of structures and land in any Industrial District for a period of time not to exceed 90 days. Prior to approving said temporary use the Director of Community Development shall inform the Planning Commission of his intent to permit said use and shall take whatever steps or precautions are necessry to assure that said use will be consistent with the purpose and intent of this Section and that said land or building will be restored at such time as the use is terminated. C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The Planning Commission may authorize the temporary use of structures and land in any Industrial District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving said use permit the Planning Commission may impose whatever conditions they deem necessary to assure that the purpose and intent of this Section is carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. Page 100 GENERAL CONTROLS TNbUSTRIAL Chapter 20.40 AN D. TEMPORARY REAL ESTATE STRUCTURES. The Director of Community Development may approve temporary tract and sales offices for the first sale of structures and/or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 8. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above. (Ord. 1591 5 1, 1974; 1949 Code 5 9105.1(j) added by Ord. 11301 1965: amended by Ord. 1753 5 21, 1977) . 20.40.020 USES REQUIRING USE PERMIT. The following uses shall be permitted in any industrial district subject to the securing of a Use Permit: (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public and quasi-public buildings, senior citizen housing facilities (where residency is limited to elderly persons) , and municipally-operated parking lots. (c) Parking automobiles on roofs. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any M District unless a Use Permit shall first have been Secured for the establishment, maintenance, and operation of such use. The Community Development Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and he may attach appropriate conditons to such approval. Page 101 GENERAL CONTROLS INDUSTRIAL Chapter 20.40 (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 1446, June 26, 1972) . (g) Relocatable buildings. No building permit or relocation permit shall be issued for the erection or placement of a relocatable building unless the applicant for said building permit has first applied for and obtained a use permit from the Planning Commission to maintain said relocatable building at a specific location. (Ord. 1774 (part) , 5 4, 1978) . 20.40.030 REQUIREMENTS FOR OFF-STREET PARKING A. APPLICABILITY. The requirements of this Section and any off-street parking standards adopted by the City Council shall apply to the following: (1) All off-street parking lots and areas hereafter developed which are required by this Title. (2) All parking lots which are hereafter permitted subject to first securing a use permit. (3) All parking lots and parking areas which are hereafter required by the Planning Commission as a condition of granting a use permit. Such off-street parking standards shall be adopted by resolution and shall show minimum dimensions of parking spaces and aisles, requirements for entrances and exits, and requirements for markings and other devices deemed necessary to protect patrons, the traffic on adjoining streets and alleys, and property owners in the vicinity. B. BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin property in an R-1 or R-2 District, a wall shall be constructed along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of disturbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of which must be of solid masonry construction. Page 102 GENERAL CONTROLS INDUSTRIAL Chapter 20.40 C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Community Development Director for approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this Section and in the off-street parking standards. If the proposed parking lot or parking area as shown on the plot plan meet the requirements, the Director shall endorse his written approval on the plan and retain a copy thereof. If the proposed plot plan does not meet the requirements of this Section, the Director shall return the plan to the applicant, together with a written statement setting forth the deficiencies in the plan, within ten calendar days after the submission of the plan to the Director. The parking lot or parking area shall be developed and maintained in accordance with the plan as approved. D. VARIANCE. Where the size, shape, location, or topography of the proposed parking lot or parking area make compliance with the requirements of this Section impractical and will result in hardship, the Planning Commission, upon application, may waive such requirements of this Section and the off-street parking standards as are necessary to permit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detrimental to surrounding property. (1949 Code S 9105.51 added by Ord. 1031; March 25, 1963) . ' 20.40.035 PLANS AND DRAWINGS FOR "N" DISTRICTS. A. In case an application is made for a permit for any building or structure in any M District, the application shall be accompanied by architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building, or structure and proposed landscape or other treatment of the grounds around such building or structure and other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be considered by the Planning Commission in an endeavor to provide that such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the City, or not to impair the desirability of investment or occupation in the neighborhood. (Ord. 845, 1958. Ord. 635, 1950: 1949 Code S 9105.6 (a)) . B. ARCHITECTURAL COMMITTEE - APPOINTMENT AND MEMBERSHIP. The Planning Commission may appoint an Architectural Committee of three members, who may be employees in the following departments: Department of Community Development and City Engineer. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code S 9105.6 (b) ) . C. AUTHORITY OF ARCHITECTURAL COMMITTEE - STANDARDS. The Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 20.40.035 (A) , but all approvals shall be based on standards of good architectural design; such standards, which shall be entitled "Drawings and Illustrated Page 103 GENERAL CONTROLS INDUSTRIAL Chapter 20.40 Architectural Standards for Certain Areas Designated in Title 20 of the Municipal Code of the City of Newport Beach," shall be approved by the Planning Commission and the City Council, and shall be on file in the Department of Community Development. The drawings shall show desirable architectural standards, but are not designs which must be copied in order to secure approval of plans. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code 5 9105.6(c) ) . D. APPEAL FROM ARCHITECTURAL COMMITTEE ACTION. In case the applicant is not satisfied with the decision of the Architectural Committee, he may within thrity days after such action appeal in writing to the Planning Commission. The Architectural Committee may, if it deems advisable, refer any application for architectural approval to the Planning Commission for its decision. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code 5 9105.6 (d) ) . E. APPEAL FROM PLANNING COMMISSION ACTION. In case the applicant is not satisfied with the action of the Planning Commission, he may within twenty-one (21) days appeal in writing to the City Council and the Council shall render its decision within thirty (30) days after the filing of such appeal. (Ord. 1415 § 1, 1971: Ord. 845, 1958: • Ord. 635, 1950: 1949 Code 5 9105.6 (e) ) . F. APPROVAL OF PLANS REQUISITE TO PERMIT ISSUANCE. No permit shall be issued in any case as provided in Section 20.40.035 (A) until such drawings and sketches have been approved by the Planning Commission or by the City Council in the event of appeal from the Planning Commission, and all buildings, structures and grounds shall be in accordance with the drawings and sketches. (Ord. 845, 1958: Ord. 635, 1950: 1949 Code 5 9105.6 (f) ) . 20.40.040 BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the regulations for the District in which it is located. (1949 Code 5 9105.3 added by Ord. 635; December 12, 1950) . Page 104 M-1 DISTRICT Chapter 20.41 Chapter 20.41 M-1 DISTRICT Sections: 20.41.010 Effect of Chapter. 20.41.015 Intent and Purpose. 20.41.020 Uses Permitted. 20.41.025 Uses Requiring Use Permit. 20.41.030 Prohibited Uses. 20.41.035 Building Height and Floor Area Limit. 20.41.040 Yards. • 20.41.050 Requirements for Off-Street Parking. 20.41.055 Dwellings in "M" Districts - Yards. 20.41.060 Plans and Drawings for "M" Districts. 20.41.010 EFFECT OF CHAPTER. The following regulations shall apply in all M-1 Districts, subject to the provisions of Chapter 20.40. (Ord. 635 (part), 1950: 1949 Code § 9103.7). 20.41.015 INTENT AND PURPOSE - CONDITIONS. Uses permitted in the M-1 District shall be planned, developed and operated in such a manner that noise, smoke, dust, odor and waste of any kind is confined and/or purified so as to control pollution of air, soil and water to meet the standards or requirements of the Planning Commission, and in such a manner to eliminate any detrimental effect to public health, safety and welfare and be in harmony with objectives of the planning of this City. The Planning Commission may designate such conditions as it deems necessary to secure the purposes of this section and may require such guarantees and evidence that such conditions are being or will be complied with. (Ord. 845 (part), 1958: 1949 Code § 9103.70). 20.41.020 USES PERMITTED. the following uses shall be permitted in the M-1 Districts: (a) Wholesale bakeries; creameries; bottling works; building material yards; contractors yards; fuel yards; machine shops; lumber yards; building and Page 105 M-1 DISTRICT Chapter 20.41 repair of boats; research laboratories and institutes; instrument manufacturing; fabrication of plastic products; furniture upholstering; storage, including storage of cement and lime incidental to a retail or wholesale business; manufacturing uses; and any other uses which, in the opinion of the Planning Commission are of similar nature, but under the same limitations and restrictions specified in sections governing same, (b) Accessory uses and buildings where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (c) Temporary structures and uses. Regulations are as specified in Section 20.40.015 of General Controls - Industrial Districts. (d) Signs in accordance with Chapter 20.06. (Ord. 1441 § 1, 1972: prior Ord. 1152 (part), 1966: Ord. 635 (part), 1950: 1949 Code § 9103.71: Ord. 1753 § 22, 1977). 20.41.025 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Gasoline service stations; houseboat marinas; and fish smoking, curing or freezing. (b) Professional offices, restaurants, outdoor, drive-in and take-out restaurants. (c) Commercial uses including but not limited to retail and wholesale stores; specialty food stores;cartography;bookbinding;printing;lithography;editorial and designing; laundries; dry cleaning plants; and any other uses which in the opinion of the Planting Commission are of a similar nature; provided, however, that the following exceptions shall apply to structures and uses which are in existence on the effective date of this section: 1. The lawful use of land or buildings in the M-1 District which do not meet the requirements of this subsection may be continued or changed to a use which would require the same or less on-site parking according to the standards established in Section 20.30.035 without compliance with the requirements of this subsection. 2. Any existing structure may be repaired, altered or remodeled, without complying with the requirements of this subsection. l _ Page 106 ' M 1 DISTRICT Chapter 20.41 3. Any existing structure or use may be enlarged by not more than 10% of its original gross area in any one year period without complying with the requirements of this subsection. (d) Recreational establishments,institutions, cemeteries,public buildings,parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.40.020 of General Controls - Industrial Districts. (Ord. 89-35, Dec. 27, 1989; Ord. 1753 § 23, 1977: Ord. 1505 § 8, 1973: Ord. 1441 § 2, 1972: prior Ord. 1380 § 6, 1971: Ord. 1152 (part), 1965: Ord. 1037 (part), 1963: Ord. 635 (part), 1950: 1949 Code § 9103.72). 20.41.030 PROHIBITED USES. The following uses are prohibited in M-1 Districts. Autowrecking, fish canneries and/or reduction grinding and processing plants; drilling for and/or removal of oil, gas, or other hydrocarbon materials; distillation of bones; dumping, . disposal, incineration or reduction or garbage, sewage, offal, dead animals or refuse, fat rendering; manufacture or storage of acid, cement, explosives, fireworks, fertilizer, glue, gypsum, lime, plaster of paris or asphalt, stockyard or slaughter of animals, refining of petroleum or its products, melting of iron, tin, zinc, or other ores; junk yards, hog raising, bag manufacture or cleaning, blast furnace or boiler works, breweries, coke ovens, cooperage works, incinerators, cordage mills, foundaries, tanneries, and all other uses which in the opinion of the Planning Commission are of similar nature or may be objectionable, as provided by Section 20.41.015. (Ord. 845 (part), 1858: Ord. 635 (part), 1950: 1949 Code § 9103.73). 20.41.035 BUILDING HEIGHT,BUILDING BULK,AND FLOOR AREA LIMIT. The total gross floor area and building bulk contained in all buildings on a building site in an M-1 District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 89- 19, Sept.13, 1989; Ord. 1454 § 17, September 11, 1972: prior Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code § 9103.74). 20.41.040 YARDS. A. FRONT YARD. No front yard shall be required, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R District. Page 107 M-1 DISTRICT' Chapter 20.41 B. SIDE YARD. No side yard shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 5 feet. C. REAR YARD. No rear yard shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be no Iess than 10 feet wide, Rear yards abutting on alleys shall have a minimum of 10 feet. (Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code § 9103.75). 20.41.050 REQUIREMENTS FOR OFF-STREET PARKING. Regulations are as specified in Section 20.40.030 of General Controls - Industrial Districts. 20.41.055 DWELLINGS IN "M" DISTRICTS - YARDS. Every building or portion thereof which is designed or used for any dwelling purpose in any"M" District shall comply with the requirements of such appropriate residential district as is determined by the use to which such "M' District property is being put, provided, however, that when the entire ground floor of any such building is used for any commercial or manufacturing purpose. The yard provisions specified for such "M' District may be applied to the ground floor only. 20.41.060 PLANS AND DRAWINGS FOR "M" DISTRICTS. Regulations are as specified in Section 20.40.035 of General Controls - Industrial Districts. Page 108 M-1-A DISTRICT Chapter 20.42 Chapter 20.42 M-1-A DISTRICT ! Sections: 20.42.010 Effect of Chapter. 20.42.015 Intent and Purpose. 20.42.020 Uses Permitted. 20.42.025 Uses Requiring Use Permit. 20.42.030 Floor Area. 20.42.035 Site Area. 40 20.42.040 Yards. 20.42.045 Off-Street Parking. 20.42.050 Manufacturing and Storage Areas. 20.42.055 Street Right-of-Way. 20.42.060 Requirements for Off-Street Parking. 20.42.065 Dwellings in "M" District - Yards. 20.42.070 Plans and Drawings for "M" Districts. 20.42.010 EFFECT OF CHAPTER. The following regulations shall apply in all M-1-A Districts and shall be subject to the provisions of Chapter 20.40. Except that where conflict in regulations occur, the regulations specified in this Chapter shall apply. (Ord. 804 (part), 1956: 1949 Code § 9103.9 (part)). 20.42.015 INTENT AND PURPOSE. A. ESTABLISHMENT. M-1-A Districts may be established in area where it is deemed desirable to provide for limited manufacturing facilities of a design and type which will enhance the area and not be detrimental to surrounding property or the City. Uses permitted in the M-1-A District shall be planned, developed, conducted and operated in such a manner that noise, smoke, dust, odor and waste of any kind is confined or and/ purified so as to control pollution of air, soil or water to meet the standards or requirements of the Planning Commission and in such a manner as to eliminate any detrimental effect to the public health, safety and welfare and be in harmony with the objectives of the general planning. Y I Page 109 M-1-A DISTRICT Chapter 20.42 B. CONDITIONS. The Planning Commission may designate such conditions as it deems necessary to fulfill the purpose of this Chapter and may require such guarantee and evidence that such conditions are being or will be complied with. (Ord. 804 (part), 1956: 1949 Code § 9103.9(A,B)). 20.42.020 USES PERMITTED. The following uses shall be permitted in M-1-A Districts. r (a) Administrative and professional offices; residences for watchmen or 1 custodians employed on site; employees cafeterias or auditoriums; research laboratories and institutes; wholesale stores; machine shops; light manufacturing; furniture upholstering; electrical and electronic products and instruments manufacturing; cartography;bookbinding;printing and lithograpy; fabrication of plastic products; storage warehouse, excluding inflammable materials and truck terminals; editorial and designing. (b) Accessory uses and buildings where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed . only when constructed concurrent with or subsequent to the main building. (c) Temporary structures and uses. Regulations are as specified in Section 20.40.015 of General Controls - Industrial Districts. (d) Signs in accordance with Chapter 20.06. (Ord. 1753 § 24, 1977: Ord. 1152 (part), 1966: Ord. 901 (part), 1959: Ord. 804 (part), 1956: 1949 Code § 9103.91). 20.42.025 USES REQUIRING USE PERMIT. The following uses shall be permitted, subject to the securing of a Use Permit in each case: (a) Furniture manufacturing, assembling and construction of paper products with finished paper stock, garment manufacturing, building and repairing of boats s within a building, laundry and dry cleaning plants, gasoline service stations, drive-in facilities, manufacture of novelties, toys and small appliances, i building material yards, contractors yards, restaurants, outdoor, drive-in, and take-out restaurants, medical and dental offices and clinics, other uses which in the opinion of the Planning Commission are comparable and similar in character with the above uses. (b) Recreational establishments,institutions, cemeteries,public buildings,parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.40.020 of General Controls - Industrial Districts. Page 110 M-1-A DISTRICT Chapter 20.42 (c) One residence for an owner or owners of a building site, including two garage spaces, provided that such use will be incidental to and will not alter the character of the premises in respect to the permitted uses in Section 20.42.020 of the uses permitted with a use permit in subsections (a) and (b) above. (Ord. 1844 (part) § 1 1980). S ! 20.42.030 FLOOR AREA AND BUILDING BULK. The total gross floor area and building bulk contained in all buildings on a building site in an M-1-A District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 89-19, Sept.13, 1989; Ord. 1454 § 18, September 11, 1972: prior Ord. 974 (part), 1961: Ord. 804 (part), 1956: 1949 Code § 9103.93). 20.42.035 SITE AREA. The building site area required shall be a minimum of 10,000 square feet. (Ord. 974 (part), 1961: Ord. 804 (part), 1956: 1949 Code § 9103.94). 20.42.040 YARDS. A. SETBACK. A minimum setback of 15 feet from any street or highway property line shall be required. B. FRONT YARDS. A front yard area adjacent to the front property line and extending across the property from the side lines 15 feet deep, measured from the front property line, shall be provided. The property front yard area shall be appropriately landscaped and maintained except for area required for walkways and driveways for ingress and egress to the property. The walkways and driveways shall not use more than forty percent (40%) of this front yard area. C. SIDE YARDS. Building sites fronting on one street and having a side property { line adjacent to a side street shall provide a yard area 15 feet wide, measured from the side property line and extending from the front property line to the rear property line. The side yard shall be appropriately landscaped and maintained except for areas required for walkways and driveways for ingress and egress to the property. The walkways and driveways shall not use more than forty percent (40%) of this side yard area. D. ZONE SEPARATION AREA. In cases where a street or alley does not exist to separate this zone from any other more restrictive zone, a zone separation area 10 feet wide and extending the entire distance the zones adjoin each other shall be provided. The zone separation area shall be appropriately landscaped and maintained. (Ord. 804 (part), 1956: 1949 Code § 9103.95). Page 111 M-1-A DISTRICT Chapter 20.42 20.42.045 OFF-STREET PARKING. Off-street parking and loading on the building site shall be required in M-1-A Districts as follows: (a) ADMINISTRATIVE AND PROFESSIONAL OFFICE SPACE. One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the Modifications Committee. (b) MANUFACTURE, RESEARCH AND ASSEMBLY. Three (3) spaces for each one thousand (1,000) square feet of gross floor area. (c) WAREHOUSE. One (1) space for each one thousand (1,000) square feet of gross floor area for the first twenty thousand (20,000) square feet; one (1) space for each two thousand (2,000) square feet of gross floor area for the second twenty thousand (20,000) square feet; one (1) space for each four thousand (4,000) square feet of gross floor area for areas in excess of the initial forty thousand (40,000) square feet of floor area of the building. (d) Location and layout of off-street parking shall be approved by the Architectural Control Committee. (e) All loading and unloading operations and panting of trucks shall be provided for and performed on the premises. (Ord. 1751, § 1, 1977; 1949 Code § 9103.96 added by Ord. 804, 1956 as amended by Ord. 1025, 1963). 20.42.050 MANUFACTURING AND STORAGE AREAS. All manufacturing and fabrication operations shall be conducted within buildings. All equipment and material storage areas shall be screened by solid walls, fences, or by adequate plantings of not less than 6 feet in height. (1949 Code § 9103,97 added by Ord. 804, 1956). 20.42.055 STREET RIGHT-OF-WAY. All dedicated streets within or bordering this M-1-A District shall have a minimum right-of-way 60 feet in width. (1949 Code § 9103.98 added by Ord. 804, 1956). 20.42.060 REQUIREMENTS FOR OFF-STREET PARKING. Regulations are as specified in Section 20.40.030 of General Controls - Industrial Districts. Page 112 M-i-A DISTRICT Chapter 20.42 20.42.065 DWELLINGS IN "M" DISTRICTS - YARDS. Every building or portion thereof which is designed or used for any dwelling purpose in any M-1-A District shall comply with the requirements of such appropriate residential district as is determined by the use to which such M-1-A District property is being put, provided, however, that when the entire ground floor of any such building is used for any commercial or manufacturing purpose. The yard provisions specified for such M-1-A District may be applied to the ground floor only. 20.42.070 PLANS AND DRAWINGS FOR "M" DISTRICTS. Regulations are as specified in Section 20.40.035 of General Controls - Industrial Districts. f PART V SPECIAL PLANNING DISTRICTS Chapters: 20.50 Planned Residential Development 20.51 Planned Community District 20.52 Open Space District 20.53 "U" District 20.54 Governmental, Educational, and Institutional Facilities District Page 113 PLANNED RESIDENTIAL DEVELOPMENT Chapter 20.50 P L A N N E D R E S I D E N T I A L D E V E L O P M E N T Chapter 20.50 PLANNED RESIDENTIAL DEVELOPMENT Sections: 20.50.010 Intent and Purpose. 20.50.020 Use Permit Required. 20.50.030 Application for Permit. 20.50.040 Application Contents. 20.50.050 Relocation of Structures in Common Area. 20.50.060 Land Area Required. 20.50.070 Dwelling and Uses Permitted. 20.50.080 Perimeter of Public Streets - Partial Waiver. 20.50.090 Conformance to Master Plan. 20.50.100 Maximum Building Coverage. 20.50.110 Minimum Land Area Per Dwelling Unit. 20.50.120 Minimum Floor Area. 20.50.130 Building Height. 20.50.140 Yards and Open Spaces. 20.50.150 Off-Street Parking. 20.50.160 Reports from Fire and Public Works Departments. 20.50.170 Conformance Requisite to Building Permit Issuance. 20.50.010 INTENT AND PURPOSE. A planned residential devel- opment is a development planned and designed as a unit to produce an environment of stable, desirable character not out of harmony with its surrounding neighborhood and which meets standards of density, open space, light and air, pedestrian and vehicular access, and traffic circulation similar to the regulations of this Title for the R Dis- tricts in which such development is to be located. (Ord. 955, 1961: 1949 Code S 9108.1) . 20.50.020 USE PERMIT REQUIRED. Planned residential develop- ments may be permitted in any R District when a Use Permit is first secured for each such development. Such Use Permit shall be subject to the regulations and requirements of this Chapter and notwithstand- ing the provisions of Chapter 20.10 shall be processed in accordance with the terms of this section. (1949 Code 5 9108.2(a) added by Ord. 955; April 10, 1961) . Page 114 PLANNED RESIDENTIAL DEVELOPMENT Chapter 20.50 I 1 20.50.030 APPLICATION FOR PERMIT. A. FEE. Any application for a Use Permit under the provisions of this chapter shall be accom- panied by a fee as established by Resolution of the City Council. (Ord. 1686, S 2, 1976) . B. PROCESSING. Such application shall be processed by the Planning Commission and transmitted to the City Council with a recommendation for its approval or disapproval and by any conditions the Planning Commission feels should be imposed. The City Council may approve, disapprove or refer the same back to the Planning Commission for further processing. Any such permit is subject to the final approval of the City Council. (1949 Code S 9108.2(b,c) added by Ord. 935 and amended by Ord. 1272; September 10, 1968) . 20.50.040 APPLICATION CONTENTS. An application for a planned residential development shall be in the form of an application for Use Permit and shall be accompanied by the following information, maps and plans: (a) A boundary survey map of the real property; a tentative subdivision map may be substituted if the applicant proposes to subdivide the property. (b) Topography of the development area and the proposed finished grade shown in contour intervals of not to exceed 2 feet upon request of the Planning Department. (c) The gross land area of the development, the present zoning classification thereof, and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements. (d) A general development plan with at least the following details shown to scale and dimensioned: 1. Location of each existing and each proposed structure in the development area, the use or uses to be con- tained therein, the number of stories, gross building and floor areas, approximate location of entrances and loading points thereof. 2. All streets, curb cuts, driving lanes, parking areas, loading areas, public transportation points, and illumination facilities for the same. 3. All pedestrian walks, malls and open areas for the use of occupants and members of the public. Page 192 RESTAURANTS Chapter 20.72 G. CHANGE IN OPERATIONAL CHARACTERISTICS. The term"change in operational characteristics"shall include,without limitation, any of the following: 1. Any substantial increase in the hours a restaurant, outdoor restaurant, or drive-in and takeout restaurant is open for business (hours of operation) or an extension of the hours of operation past 12:30 a.m. if the restaurant is within 200 feet of a residential zone. An increase in hours of operation is deemed substantial if, given the proximity of the restaurant, outdoor restaurant, drive-in or takeout restaurant, or related parking facilities to a residential zone, the increase has the potential to cause, or make worse, noise or traffic congestion in the neighborhood; 2. The introduction of live entertainment or dancing, or a significant change in the character of the live entertainment; 3. The introduction of the sale of alcoholic beverages; 4. Any significant increase in the size of the area principally devoted to the sale of alcoholic beverages; • 5. A loss of on-site or off-site parking spaces for a period of ninety (90) days or more, which would reduce available parking below the number then required by the provisions of this title or the Use Permit applicable to the restaurant; 6. The introduction of valet, tandem, or compact parking spaces; 7. Any increase in the net public area of a restaurant or,any increase in the gross floor area of a drive-in, take-out or outdoor restaurant; and 8. The addition of three or more pool tables. (Ord. 94-55, Dec. 28, 1994; Ord. 94-52, November 23, 1994; Ord. 94-17, May 11, 1994; Ord. 92-6, May 13, 1992; Ord. 89-35, Dec. 27, 1989; Ord. 85-17, October 23, 1985; Ord. 1505 § 10, 1973; Ord. 1266 § 2, 1968; prior Ord. 1202 § 3 (part), 1967). 20.72.015 SPECIALTY FOOD SERVICE. Specialty food services may be established in any zoning district designated for such use subject to the following: A. INTENT/PURPOSE. Food serving uses range from large destination restaurants to small neighborhood ice cream stores. Full service restaurants are likely to generate more traffic, parking demand, noise and trash than small businesses with limited menus. The specialty food service category was created because conditions and restrictions on the operation of large restaurants may be unnecessary in the case of small, limited item food Page 193 RESTAURANTS Chapter 20.72 serving businesses. However, particular specialty food services may, because of location, method of operation or other factors, be expected to cause, or actually cause, impacts equivalent to a full service restaurant and, in such event, additional controls should be imposed or the use prohibited. B. FINDINGS. In order to approve a specialty food service permit, the Planning Director, the Planning Commission or City Council on appeal, shall make the following findings: 1. The proposed use is consistent with the purpose and intent of this Section. 2. Establishment,maintenance or operation of the use will not,under the circumstances of the particular case,be detrimental to the health, safety,peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. 3. The proposed use is similar in nature to a general retail use, and is anticipated to have traffic generating characteristics similar to a retail use. 4. The proposed use is similar in nature to a general retail use, and is • anticipated to have parking demand characteristics similar to a retail use, C. DEVELOPMENT STANDARDS. Specialty food services shall be operated in conformance with the following standards unless the Planning Director or the Planning Commission or City Council on appeal, determines that strict compliance is not necessary to achieve the purpose and intent of this section: 1. Hours of Operation. Opens for business no earlier than 7:00 A.M. and closes no later than 12:00 midnight, daily; however, this provision shall not apply if the business,measured from the property lines,is,in all directions, more than 250 feet from the boundaries of any residential district or any mixed commercial/residential district; 2. The facility contains receptacles sufficient in size to accommodate all trash deposited by customers; 3. Trash generated by the business is stored on-site in an area screened from view except when placed for pick-up; 4, Smoke and odor are controlled by kitchen exhaust fans, or other means, to the satisfaction of the Building Director; 5. Grease interceptors are installed on all plumbing fixtures to the extent required by the Building Director and the Public Works Director; Page 194 RESTAURANTS Chapter 20.72 6. A wash-out area for refuse containers and kitchen equipment is provided and the area drains directly into the sewer system unless the Building Director and Public Works Director approve alternative drainage; D. CONDITIONS. The Planning Director or the Planning Commission or the City Council on appeal,may impose such conditions on the approval of the specialty food service permit as are necessary to achieve the purpose and intent of this Section. In addition, the Planning Director,Planning Commission,and City Council shall retain jurisdiction to impose additional conditions after approval if necessary or appropriate to ensure that operation of the specialty food service is consistent with the findings made at the time of approval. E. APPEAL. 1. An applicant for a specialty food service permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within fourteen (14) days after written notice of the decision of the Planning Director. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission may render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event that the applicant is not satisfied with the decision of the Planning Commission, the applicant may • appeal to the City Council by filing written notice of appeal with the City Clerk within fourteen (14) days following the date of the decision of the Planning Commission. The City Council may preside over the appeal or appoint a hearing officer to take evidence and submit proposed findings and recommendations to the City Council. The City Council shall render its decision within thirty (30) days after the hearing on the appeal. The decision of the City Council will be final. 2. City shall mail notice of the approval of any specialty food service permit to all owners of property within 100 feet of the parcel for which the specialty food service permit was issued. Any owner of property to which notice was mailed may appeal the approval of the specialty food service permit by filing a notice of appeal with the Modifications Committee. The notice of appeal shall be filed within 10 days of the date on the notice of approval; the notice of appeal my specify the factual or legal basis for the appeal, and must be accompanied by the fee established by resolution of the City Council. The Modifications Committee shall deny the appeal if there is substantial evidence that the proposed specialty food service complied with the criteria specified in this Section. The decision of the Modifications Committee shall be final. F. EXPIRATION. Any specialty food service permit granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval unless a building permit has been issued and construction has commenced prior to the expiration date. The Planning Director may specify a different expiration date at the time • of approval. Page 194-1 RESTAURANTS Chapter 20.72 G. VIOLATION OF TERMS. Any specialty food service permit granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such permit are violated, or if any law or ordinance is violated in connection therewith. H. REVOCATION. The Planning Director may revoke a specialty food service permit for violation of the terms and conditions of such permit after giving written notice to the permittee at least ten days prior to the rendering of such revocation. I. FEES. To partially defray the administrative costs of the City, the specialty food service application shall be accompanied by a fee as established by Resolution of the City Council. Reasonable fees for an appeal to the Planning Commission or City Council shall also be established by resolution of the City Council. J. INTENSIFICATION OR ENLARGEMENT OF EXISTING SPECIALTYFOOD SERVICE ESTABLISHMENTS. A specialty food service establishment which has been approved by the Modifications Committee prior to the effective date of Ordinance No.94-17 maybe intensified, enlarged or otherwise altered in accordance with Section 20.72.010 (D), subject to the approval of the Planning Director as specified in Section 20.72.015 (D). (Ord. 95-39, Oct. 11, 1995; Ord. 94-17, May 11, 1994; Ord. 89-35, Dec. 27, 1989). SECTION 20.72.018 Accessory Outdoor Dining. • A. Notwithstanding any other provisions of this Chapter, Chapter 20.07, Chapter 20.08, Chapter 20.80, Chapter 20.85, and Chapter 15.38 of Title 15 of the Newport Beach Municipal Code, the Planning Director may approve an application to add or expand outdoor dining to an existing restaurant or specialty food use provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the restaurant or specialty food use, or 1000 square feet, whichever is less, and is accessory to any indoor dining. An application to add or expand accessory outdoor dining shall be made on forms supplied by the planning Department. Before approving an application, the Planning Director shall make the following findings: 1. That the proposed outdoor dining is accessory to the primary indoor restaurant or specialty food use. 2. The establishment, maintenance or operation of the accessory outdoor dining will not,under the circumstances of the particular case,be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. 3. That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. B. The Planning Director's approval of an application to add or expand outdoor accessory dining shall be conditioned upon the following: Page 194-2 RESTAURANTS Chapter 20.72 � 1. That the outdoor dining shall be subject to all the existing hours of operation, operational characteristics and conditions of any use permit applicable to the restaurant. 2. No amplified music or entertainment is permitted outdoors. 3. All doors and windows leading to the outdoor dining shall remain closed while any approved indoor amplified music is being played. 4. Roof coverings shall not have the effect of creating a permanent enclosure. 5. Fences,walls or similar barriers shall serve only to define the dining area and not constitute a permanent all weather enclosure. 6. Such additional conditions the Planning Director deems necessary or appropriate to ensure operation of the outdoor dining is consistent with the findings made at the time of approval. C. The decision of the Planning Director to approve or deny an application is final, subject to call up by the Planning Commission or call up by the City Council for referral to the Planning Commission within fourteen (14) days. • D. An application to add outdoor dining may be denied or approval of an application may be revoked or modified by the Planning Director upon a finding of the failure to comply with the conditions in this Section and all other applicable conditions and regulations. E. The provisions of the Section shall not apply to drive-in and take-out restaurants. (Ord. 95-30, September 13, 1995). 20.72.020 USE PERMIT REQUIRED. A. Restaurants maybe permitted in all zoning districts designated for such uses, and in any Planned Community Districts or Specific Plan Areas designated for said uses, subject to the securing of a Use Permit in each case. B. A Use Permit, or an amendment to a Use Permit, shall be required prior to any change in the operational characteristics of a restaurant. C. That in order to approve a use permit for the establishment of any bar where alcoholic beverage service is included, or in the consideration of an appeal of the decision of the Chief of Police regarding the public convenience or necessity for retail alcoholic beverage licenses, the Planning Commission or City Council shall make the following findings: 1. The proposed use is consistent with the purpose and intent of this Section. Page 194-3 RESTAURANTS Chapter 20.72 2. Establishment, maintenance or operation of the use will not, under the circumstances of the particular case,be detrimental to the health,safety,peace,comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. In making findings required by this section,the Planning Commission or City Council shall consider the following: a. The use serves public convenience and necessity. b. The crime rate in the area as compared to other areas in the City. C. The number of alcohol licenses per capita as compared to the county-wide average. (Ord. 95-65,January 10, 1996; Ord. 89-35,Dec.27, 1989; Ord.85-17, October 23, 1985; Ord. 1505 § 11, 1973; Ord. 1202 § 3(part), 1967). 20.72.030 APPLICATION CONTENTS. An application for a Use Permit, an amendment to a Use Permit, or an application for a specialty food service permit shall be on a form supplied by the Planning Department and,when appropriate,shall be accompanied by the following information,maps, and plans: (a) A statement specifying the nature of the restaurant, the proposed hours of operation,whether the applicant intends to provide live entertainment and/or dancing, and other pertinent information regarding the operational characteristics of the proposed restaurant or specialty food service. (b) A plot plan of the property drawn to scale showing the location of all buildings, storage facilities, planting areas, signs, outside eating areas, walls, parking areas, and curb cuts. (c) A floor plan of any building delineating all interior floor space and indicating its proposed use. (d) A parking layout and traffic plan showing all parking spaces, aisles, access points and directional signs and markings. (e) A grading plan indicating how the property is to be graded and drained. (f) Elevations including all building and sign faces and materials. (g) Such other plans, drawings and information as the Planning Director may reasonably require. (Ord. 94-17, May 11, 1994; Ord. 89-35, Dec. 27, 1989; Ord. 85-17, October 23, 1985; Ord. 1202 § 3 (part), 1967). Page 115 PLANNED RESIDENTIAL DEVELOPMENT Chapter 20.50 4. Location and height of all walls, fences and screen planting, including a detailed plan for the landscaping of the development and the method by which such land- scaping is to be accomplished. 5. Types of surfacing, such as paving, turfing or gravel to be used at the various locations. 6. A grading plan of the area. (e) Plans and elevations of one or more structures to indicate architectural type and construction standards. (f) A verified petition for a change in zoning classification in accordance with Section 20.84.020, if such a change in zoning classification is required to make such development conform to the Master Plan. (g) Such other information as may be required by the City to assist in the consideration of the proposed development. (1949 Code S 9108.13 added by Ord. 955; April 10, 1961) . 20.50.050 RELOCATION OF STRUCTURES IN COMMON AREA. After final approval of any Use Permit for a planned residential development by the City Council, the Community Development Director shall be authorized to approve the relocation of fences, walls, swimming pools, community buildings, utility buildings and facilities, and off-street parking areas located within an open space or recreational lot pro- vided for the use and benefit of the family dwelling units in the development. (1949 Code 5 9108.131 added by Ord. 1114; January 26, 1965) . 20.50.060 LAND AREA REQUIRED. A planned residential devel- opment shall have sufficient land area to meet the objectives set forth in Section 20.50.010. (1949 Code 5 9108.3 added by Ord. 955; April 10, 1961) . 20.50.070 DWELLING AND USES PERMITTED. A. R-1 DISTRICT. Only single-family dwellings, and accessory uses and buildings nor- mally incidental thereto, shall be permitted in an R-1 District. B. R-2 DISTRICT. Only single-family dwellings, two-family or duplex dwellings, or any combination thereof, and accessory uses and build- ings normally incidental thereto, shall be permitted in R-2 Districts. C. R-3 and R-4 DISTRICTS. Only single-family dwellings, two-family or duplex dwellings, multiple or apartment dwellings, or any com- Page 116 PLANNED RESIDENTIAL DEVELOPMENT Chapter 20.50 bination thereof as approved by the Planning Commission, and accessory uses and buildings normally incidental thereto, shall be permitted in an R-3 or R-4 District. D. INSTITUTIONS AND SOCIAL ACTIVITIES. Community centers, social halls, lodges, clubs, private recreational centers, churches, schools, yacht clubs, and parks and playgrounds may be permitted in a planned residential development in any R district. All uses or buildings other than those specified herein shall be prohibited. (1949 Code S 9108.4 added by Ord. 955; April 10, 1961) . 20.50.080 PERIMETER OF PUBLIC STREETS - PARTIAL WAIVER. A planned residential development shall be bounded on all sides by public streets. A partial waiver of this requirement may be permitted when it is found and determined that such partial waiver will not be inconsistent with adequate standards of pedestrian and vehicular access and traffic circulation for the development and for the area in which the develop- ment is located. (1949 Code S 9108.5 added by Ord. 955; April 10, 1961) . 20.50.090 CONFORMANCE TO MASTER PLAN. All planned residen- tial developments shall conform to the Master Plan of the City of Newport Beach, and no such development shall be approved unless such development does conform to the Master Plan. (1949 Code S 9108.6 added by Ord. 955; April 10, 1961) . 20.50.100 MAXIMUM BUILDING COVERAGE. The maximum building coverage for the development shall not exceed forty percent (40%) of the land area being developed, exclusive of land area being set aside for the rights-of-way of public or private streets and alleys. (1949 Code S 9108.7 added by Ord. 635; December 12, 1950 as amended by Ord. 1001; May 14, 1962) . 20.50.110 MINIMUM LAND AREA PER DWELLING UNIT. The minimum land area for each family dwelling unit, exclusive of land area being set aside for the rights-of-way of public or private streets and alleys, shall be not less than that required for the district or districts in which such development is to be located. (1949 Code S 9108.8 added by Ord. 635; December 12, 1950 as amended by Ord. 1001; May 14, 1962) . 20.50.120 MINIMUM FLOOR AREA. There shall be a minimum floor living area of 1,000 square feet for each family dwelling unit in an R-1 or R-2 District, and there shall be a minimum floor living Page 117 PLANNED RESIDENTIAL DEVELOPMENT Chapter 20.50 area of 600 square feet for each family dwelling unit in an R-3 or R-4 District. Garage space shall not be included in measuring this requirement. (1949 Code § 9108.9 added by Ord. 955; April 10, 1961) . 20.50.130 BUILDING HEIGHT. The maximum building heights shall be designated in the Use Permit, but shall in no event exceed the building height limits specified in Chapter 20.02. (Ord. 1454 § 21, September 11, 1972: prior 1949 Code § 9108.10 added by Ord. 955; April 10, 1961) . 20.50.140 YARDS AND OPEN SPACES. The front and rear yards and open spaces between buildings shall be designated in the Use Permit. (1949 Code S 9108.11 added by Ord. 955; April 10, 1961) . 20.50.150 OFF-STREET PARKING. The off-street parking requirements for each such development shall be as follows: (a) Two covered parking spaces for each family dwelling unit in the development. (b) There shall also be required for the use of visitors and • guests at least two additional parking spaces for each family dwelling unit in the development. Such parking spaces may be uncovered and shall be so located as to be accessible to such visitors and guests. This requirement for additional parking for visitors and guests shall be waived to the extent that the Planning Commission determines that there is an equivalent number of parking spaces avail- able to serve the project when on-street parking spaces and parking spaces in private driveways are taken into consid- eration. (c) The required parking spaces or any portion thereof may be grouped when it is found and determined that such grouping or parking spaces and the location thereof will be accessi- ble and useful in connection with the proposed dwelling units in the development. (1949 Code § 9108.12 added by Ord. 635; December 12, 1960 as amended by Ord. 1114; January 25, 1965) . 20.50.160 REPORTS FROM FIRE AND PUBLIC WORKS DEPARTMENT. The application and accompanying information, maps, and plans shall be submitted to the Fire Department and Public Works Department and written recommendations in connection therewith shall be supplied by those departments before final action is taken on such development. (1949 Code 9 9108.14 added by Ord. 955; April 10, 1961) . Page 118 PLANNED RESIDENTIAL DEVELOPMENT Chapter 20.50 20.50.170 CONFORMANCE REQUISITE TO BUILDING PERMIT ISSUANCE. The Department of Community Development shall insure that a planned residential development is undertaken and completed in conformance with the approved plans and the terms and conditions of the Use Permit for such development. No building permit shall be issued for any construction or development which does not conform to such plans, terms, and conditions. (1949 Code S 9105.15 added by Ord. 955; April 10, 1961) . Page 119 PLANNED COMMUNITY • DISTRICT Chapter 20.51 � PLANNED COMMUNITY DISTRICT Chapter 20.51 PLANNED COMMUNITY DISTRICT Sections: 20.51.010 Effect of Chapter. 20.51.015 Intent and Purpose. 20.51.020 General Requirements. 20.51.025 Uses Permitted. 20.51.027 Uses Requiring Use Permit. 20.51.030 Temporary Structures and Uses. 20.51.032 Underground Storage of Flammable Liquids. • 20.51.035 Application Procedure. 20.51.040 Development Plan. 20.51.045 Amendments to Development Plan. 20.51.050 Commencement of Construction. 20.51.055 Application for Use Permit Development. 20.51.060 Conformance Requisite to Building Permit Issuance. 20.51.080 Development of Coastal Bluff Sites in Planned Community District. 20.51.010 EFFECT OF CHAPTER. The following specific regulations shall apply in all P-C Districts, subject to the provisions and exceptions of Chapters 20.10, 20.30, and 20.40. Where conflict in provisions occurs the regulations specified in this Chapter or in the Development Plan or plans approved pursuant to this Chapter shall apply. (Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1 (part), 1968). 20.51.015 INTENT AND PURPOSE. The purpose of these regulations is to provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large-scale community planning. The regulations of this district are intended to allow diversification of land uses as they . relate to each other in a physical and environmental arrangement while insuring substantial compliance with the spirit, intent and provisions of this Code. This district is designed to include various types of land uses, such as single-family residential developments, multiple housing developments, professional and administrative Page 120 PLANNED COMMUNITY DISTRICT Chapter 20.51 areas, commercial centers,industrial parks or any public or quasi-public use or combination of uses, through the adoption of a Development Plan and text materials which set forth land use relationships and development standards, (Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1 (part), 1968). 20.51.020 GENERALREQUIREMENTS. The followingprovisions shall apply to all P-C Districts: (a) The entire parcel for which an application for classification of land to P-C is filed must be within one ownership, or the application must be made by or with the written authorization for such action on behalf of all property owners concerned, unless such action is initiated by the City. (b) P-C Districts shall be established, amended or removed from the Districting Map of the City of Newport Beach in the manner prescribed in Chapter 20.84, as amended, and subject to appeal procedures as prescribed in Chapter 20.85, as amended. (c) An application for a zone change to permit the establishment of a P-C DIstrict • pursuant to the provisions of Chapter 20.84 of this Code shall include and be accompanied by a Development Plan for the entire property, as prescribed by Sections 20,51.060 and 20.51.070 of this Code; or an application may be initiated by either the City Council or the Planning Commission, and may be processed without a Development Plan, provided that said plan shall be subsequently prepared, as prescribed by Sections 20.51.050 and 20.51.060 of this Code and shall be adopted as prescribed in Chapter 20.84 of this Code prior to the issuance of any permits for development, expansion or redevelopment. (d) If ambiguity exists as to the specific dimensions or extent of any designated area on the Development Plan, the specific boundaries shall be set by the filing of a legal description and map of the parcel proposed for development in conjunction with the filing for construction permits. (e) The Community Development Director, after reviewing the application for a P-C District, shall determine if a use permit application will be required for any part of the application to be processed under the Development Plan. Page 121 PLANNED COMMUNITY DISTRICT Chapter 20.51 (f) In order to meet the objectives set forth in Section 20.51.015 of this Code, an application for a planned community district shall contain a minimum of twenty-five (25) acres of unimproved land area or ten (10) acres of improved land area. 'Improved land area' as used within this section shall mean parcels of land with permanent structures affixed thereto, said improvements occupying a land area amounting to ten percent (10%) of the total acreage of the planned community at the time of application for zone change, excluding therefrom areas of public works or improvements and public rights-of-way. This section shall not be deemed to require the continued use of any structures or improvements existing at the time of application for zone change. The minimum acreage requirement as set forth in this paragraph may be waived by written application to the Planning Commission and approval thereof prior to the consideration of the application for a zone change. (Ord. 1551 § 1, 1974: prior Ord. 1523 § 1 (part), 1973: Ord. 1240 § 1 (part), 1968). 20.51.025 USES PERMITTED. The following use of land shall be permitted in P-C Districts: • (a) Those land uses permitted by the City's General Plan at or below a density or intensity prescribed by the General Plan. (b) Grading shall be permitted within a P-C District outside of a sector of immediate development subject to the securing of a grading permit. (c) The continuation of land uses, including agricultural, which existed in the district at the time of adoption of the Development Plan, except as otherwise provided herein. Existing land uses shall either be incorporated as part of the Development Plan or shall terminate in accordance with a specific abatement schedule submitted and approved as part of the Development Plan. Existing land uses which are prohibited by any provisions of Title 20 of this Code shall be terminated prior to final approval of the Development Plan. (d) Where existing land uses have been established by a Use Permit prior to the adoption of a P-C District and said uses are to be retained, the Use Permit as approved or subsequently amended shall constitute the required Development Plan. Page 122 PLANNED COMMUNITY DISTRICT Chapter 20.51 (e) Specialty food uses in accordance with Chapter 20.72 shall be permitted in any portion of a Planned Community District where retail uses are permitted. (Ord. 90-31, August 8, 1990; Ord. 89-35, Dec. 27, 1989; Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1 (part), 1968). 20.51.027 USES REQUIRING USE PERMIT. The following uses shall be permitted in any P-C District subject to the securing of a Use Permit: (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Institutions, cemeteries, public buildings, including: churches, schools, hospitals,parks and playgrounds,yacht clubs,cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public and quasi-public buildings, senior citizens housing facilities(where residency is limited to elderly persons), and municipallyoperated parking lots. (c) Parking automobiles on roofs. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any P-C District unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The Community Development Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any"R'District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 1446, June 26, 1972). Page 123 PLANNED COMMUNITY DISTRICT Chapter 20.51 (g) Relocatable buildings. No building permit or relocation permit shall be issued for the erection or placement of a relocatable building unless the applicant for said building permit has first applied for and obtained a use permit from the Planning Commission to maintain said relocatable building at a specific location. (Ord. 1774 (part) , § 5, 1978) . 20.51. 030 TEMPORARY STRUCTURES AND USES. A. Intent and Purpose. The intent and purpose of this section is to establish procedures whereby the Director of Community Development or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. B. Temporary Uses and Structures Not to Exceed 90 Days. The Director of Community Development may authorize the temporary use of structures and land in any Planned Community District for a period of time not to exceed 90 days. Prior to approving said temporary use, the Director of Community Development shall inform the Planning Commission of his intent to permit said use and shall take whatever steps or precautions are necessary to assure that said use will be consistent with the purpose and intent of this section and that said land or building will be restored at such time as the use is terminated. C. Temporary Uses and Structures in Excess of 90 Days. The Planning Commission may authorize the temporary use of structures and land in any Planned Community District for periods of time in excess of 90 days, subject to the securing of a use permit in each case. In approving said use permit, the Planning Commission may impose whatever conditions they deem necessary to assure that the purpose and intent of this section is carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. D. Temporary Real Estate Signs and Structures. The Director of Community Development may approve temporary signs and temporary tract and sales offices for the first sale of structures and/or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 40 E. Extensions of Time for Temporary Uses and Structures. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above. Page 124 PLANNED COMMUNITY DISTRICT Chapter 20.51 (Ord. 1591 § 11 1974: 1949 Code § 9105.1(j) added by Ord. 1130; 1965) . 20.51.032 UNDERGROUND STORAGE OF FLAMMABLE LIQUIDS. The underground storage of flammable liquids shall be prohibited in any residential area of a P-C District in the City. (Ord. 1834 § 2, 1980) . 20.51.035 APPLICATION PROCEDURE. At least sixty (60) days prior to filing an application for classification of land to a P-C District, or the adoption of a Development Plan, all information shall be submitted to the Community Development Director for review and recommendation. The Community Development Director shall ascertain if the proposal complies with the requirements of this Chapter and if the form and content is sufficient to establish or amend a P-C District. The Community Development Director shall advise the applicant of the sufficiency or insufficiency of the proposal in order that the application, when filed, may be complete and may correspond to the General Plan of the City. Upon determination by the Community Development Director that the application is sufficient as to form and content and meets the re- quirements set forth in this chapter, it may be filed, after which it shall be set for public hearing before the Planning Commission. said application shall be accompanied by a filing fee as established by Resolution of the City Council. When a Development Plan is filed in conjunction with a P-Q District for which no previous Development Plan has been adopted, said Development Plan shall also be accompanied by a filing fee as established by Resolution of the City Council. Any subsequent amendment to the Development Plan, or previously approved use permit which constitutes the Development Plan, shall be accompanied by a filing fee as established by Resolution of the City Council. Such application shall be processed by the Planning Commission and transmitted to the City Council with any conditions the Planning Commission determines should be imposed. (Ord. 1686, § 3, 1976: prior Ord. 1523 § 1 (part) , 1973: Ord. 1272 § 61 1968: Ord. 1240 § 1 (part) , 1968) . 20.51.040 DEVELOPMENT PLAN. The Development Plan of a proposed P-C District shall consist of maps, plans, reports, schedules, development standards and schematic drawings and such other documents deemed necessary by the Community Development Director in accordance with the requirements herein set forth: (a) The Development Plan shall be submitted in a form approved by the Community Development Director. Page 125 PLANNED COMMUNITY DISTRICT Chapter 20.51 4. The general location of major thoroughfares coordinated with the City of Newport Beach Master Street and Highway Plan and the Orange County Master Plan of Arterial Highways. (d) The Development Plan and any amendment thereto shall be accompanied by the following: 1. A general land use map, setting forth the proposed uses of all sectors within the subject property and the approximate acreage of each. 2. An accompanying text setting forth the land use regulations which constitute the standards of development designed to govern those sectors specified in the Development Plan. Said standards shall contain defini- tions and information concerning requirements for building site coverage, building heights, building line designations, off-street parking,vehicular access, signing, lighting, storage, screening and landscaping, and other information which the Community Development Director shall require to insure substantial compliance with the intent of this Chapter. 3. A topographic map and conceptual grading plan of the property. 4. A preliminary report and overall plan describing proposed provisions for storm drainage, sewage disposal, water supply and such other public improvements and utilities as the Public Works Director may require. 5. A written statement of standards as they relate to the allocation of land within the Development Plan to all proposed types of land use. (e) The City Council may approve, disapprove or refer the same back to the Planning Commission for further processing. Any such plan is subject to the final approval of the City Council. (Ord. 1523 § i (part), 1973: prior Ord. 1240 § 1 (part), 1968). 20.51.045 AMENDMENTS TO DEVELOPMENT PLAN. All development within the P-C District shall substantially comply with the Development Plan and the City's General Plan as approved and adopted by the City Council. To assure that development remains consistent with the General Plan and with the various elements, statements, population densities and standards which constitute said General Plan, the City Council or the Planning Commission may from time to time review and, if necessary, initiate amendments to the Development Plan to assure such consistency. Any proposed amendment to the Development Plan as originally approved and adopted by the City Council shall be accomplished in the following manner: t least one 1 public hearing before (a) The Planning Commission shall hold a ( ) p g approving or disapproving an amendment to any part or element of the Page 126 PLANNED COMMUNITY DISTRICT Chapter 20.51 Development Plan. Notice of the time and place of the hearing shall be given as prescribed in Section 20.84.030. (b) The Planning Commission may approve, approve with modifications or disapprove a proposed amendment to any part or element of the Development Plan. The approval of the Planning Commission shall be signified by the adoption of a resolution endorsed by the Chairman and Secretary of the Commission. Said resolution shall contain the findings and recommendations of the Commission and shall be forwarded to the City Council no later than forty-five (45)days after the first published notice of the Planning Commission hearing,unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission to take action on the proposed amendment or failure to report within the time limit shall be deemed to be approval of the proposed amend- ment by the Planning Commission. (c) If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within fourteen (14) days after such disapproval. (d) Following receipt of the Planning Commission resolution approving the proposed amendment to any part or element of the Development Plan, the City Council shall hold at least one (1) public hearing on the proposed amendment before taking any action thereon. Notice of the time and place of the hearing shall be given as prescribed in Section 20.84.030. After the conclusion of such hearing, the City Council may adopt or reject the proposed amendment, or any part thereof, in such form as the Council may deem to be advisable, or the Council may refer the matter back to the Planning Commission for further study and recommendation. (e) No amendment to any part or element of the Development Plan shall be deemed final until approved by the City Council by adoption of a resolution setting forth full particulars of the amendment. (Ord. 94 20, May 25, 1994; Ord. 1551 § 2, 1974: prior Ord. 1523 § 1 (part), 1973, Ord. 1415 § 5, 1971: Ord. 1240 § I oart), 1968). 20.51.050 COMMENCEMENT OF CONSTRUCTION. Building con- struction shall not be commenced unless and until one of the following alternatives has occurred: (a) There has been recorded a final subdivision snap for any specific portion of the district designated on the Development Plan as subject to the regulations of other zoning districts established by Title 20 of this Code. Said subdivision shall comply with the provisions of Title 19 of this Code, as amended, and the State Subdivision Map Act. Page 127 PLANNED COMMUNITY DISTRICT Chapter 20.51 (b) The Planning Commission may approve, approve with modifications or disapprove a proposed amendment to any part or element of the Development Plan. The approval of the Planning Commission shall be signified by the adoption of a resolution endorsed by the Chairman an of the Commission. Said resolution shall contain the findings and recommendations of the Commission and shall be forwarded to the City Council no later than forty-five (45) days after the first published notice of the Planning Commission hearing, unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission to take action on the proposed amendment or failure to report within the time limit shall be deemed to be approval of the proposed amendment by the Planning Commission. (c) If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within twenty-one (21) • days after such disapproval. (d) Following receipt of the Planning Commission resolution approving the proposed amendment to any part or element of the Development Plan, the City Council shall hold at least one (1) public hearing on the proposed amendment before taking any action thereon. Notice of the time and place of the hearing shall be given as prescribed in Section 20.84. 030. After the conclusion of such hearing, the City Council may adopt or reject the proposed amendment, or any part thereof, in such form as the Council may deem to be advisable, or the Council may refer the matter back to the Planning Commission for further study and recommendation. (e) No amendment to any part or element of the Development Plan shall be deemed final until approved by the City Council by adoption of a resolution setting forth full particulars of the amendment. (Ord. 1551 § 2, 1974: prior Ord. 1523 § 1 (part) , 1973: Ord. 1415 § 5, 1971: Ord. 1240 § 1 (part) , 1968) . 20.51.050 COMMENCEMENT OF CONSTRUCTION. Building con- struction shall not be commenced unless and until one of the following alternatives has occurred: (a) There has been recorded a final subdivision map for any specific portion of the district designated on the Page 128 PLANNED COMMUNITY DISTRICT Chapter 20.51 Development Plan as subject to the regulations of other zoning districts established by Title 20 of this Code. Said subdivision shall comply with the provisions of Title 19 of this Code, as amended, and the State Subdivision Map Act. (b) Standards of development have been approved on the Development Plan for the specific sector proposed for development. (c) The Planning Commission has granted a use permit for any specific development. (Ord. 1523 S 1 (part) , 1973: prior Ord. 1240 § 1 (part) , 1968) . 20.51. 055 APPLICATION FOR USE PERMIT DEVELOPMENT. where a use permit is required pursuant to Section 20.51.020(e) or 20.51.040(b) (3) of this Code, an application shall include the following documents and materials submitted in such quantities as determined by the Community Development Director: (a) A map showing the location of the project in relation to the approved Development Plan. (b) Topographic map and preliminary grading plan of the property showing the proposed method of adapting the development to the site. (c) Legal description or boundary survey of the property. (d) General location, grades, widths and types of improvements proposed for all streets, and general plan of water, sewer and drainage systems. (e) Preliminary concept or design drawings indicating proposed walkways, driveways and service areas. (f) General location and number of residential units, if any, for each proposed structure. (g) General location and design of automobile parking areas. (h) Preliminary landscaping concept plan. (i) Location of public or quasi-public buildings or areas, including, but not limited to, schools, recreation facil- ities, parking and service areas, if any. (j) At the discretion of the Community Development Director, preliminary elevations of structures or a written descrip- Page 129 PLANNED COMMUNITY DISTRICT Chapter 20.51 tion indicating architectural theme or type of development. (k) Irrevocable offers to dedicate those areas shown on the Plan as public property. (1) Method by which the property could be divided for the sale or lease of individual parcels. (m) Method by which open space areas are to be perpetually maintained. (n) Other plans or information the Community Development Director determines to be necessary to insure substantial compliance with the intent of this Chapter. (Ord. 1523 S 1 (part) , 1973 : prior Ord. 1240 § 1 (part) , 1968) . 20.51.060 CONFORMANCE REQUISITE TO BUILDING PERMIT ISSUANCE. The Community Development Department shall insure that a P-C District development is undertaken and completed in conformance with the approved building plans and the terms and conditions of the Development Plan or use permit for such development. No building permit shall be issued for any construction or development which does not conform to such plans, terms and conditions. (Ord. 1523 S 1 (part) , 1973: prior Ord. 1240 S 1 (part) , 1968) . 20.51. 080 DEVELOPMENT OF COASTAL BLUFF SITES IN PLANNED COMMUNITY DISTRICTS. The City of Newport Beach finds that the natural bluffs represent a significant scenic and environmental resource. In order to preserve these unique landforms, developments in Planned Community Districts proposed to be located in bluff areas adjacent to the ocean or Upper Newport Bay, and bluffs within the presently defined Coastal Zone in the City's sphere of influence downcoast, as indicated on the Bluff Areas Map on file in the Office of the City Clerk and made a part of this Section by reference, shall be subject to the following regulations: (a) Definition of Bluff. As used in this Section, 'bluff' is any landform having an average slope of 26. 6 degrees (505%) or greater, with a vertical rise of 25 feet or greater. Where there is some question as to the applicability of this Section to a specific landform, a determination as to whether or not the specific landform constitutes a bluff shall be made by the Planning Commission, consistent with the purposes of this regulation. Page 130 PLANNED COMMUNITY DISTRICT Chapter 20.51 (b) Grading. Grading, cutting and filling of natural bluff faces or bluff edges shall be prohibited in order to pre- serve the scenic value of bluff areas, except for the purpose of performing emergency repairs, or for the installation of erosion preventive devices or other measures necessary to assure the stability of the bluffs. Any grading plan involving grading of the bluff face or bluff edge shall be approved by the Planning commission, including such measures designed to control urban run-off, erosion and groundwater conditions. (c) Geologic Report. To promote public safety, a geologic study shall be performed for each site to determine areas of potential instability. The bluff areas of potential hazard or instability shall be indicated on maps as part of any P-C development plan. (d) Setback Requirement. As a general guideline, the property line setback from the edge of a bluff should be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. A greater setback distance shall be required where warranted by geological or groundwater conditions, but in no case shall a property line be located closer than 40 feet to the edge of a bluff. In addition, no part of a proposed development shall be located closer than 20 feet to the bluffside property line. This required building setback may be increased or decreased by the Planning Commission in the review of a proposed site plan consistent with the purposes of this Section. (e) Public Views. The location and design of a proposed project shall take into account public view potential. (f) Height of Structures. Height of structures shall be as described in the Planned Community Development Plan. (g) Public Access and Dedication Requirements. The location and design of a proposed project shall maximize public access to the coastal bluff areas as follows: (1) Public access to coastal bluff areas shall be assured through the design of the local street system and through the location of public trails and walkways adjacent to the bluffs. • Page 131 PLANNED COMMUNITY DISTRICT Chapter 20.51 The City may require the dedication of right-of-way or the granting of easements may be improved or not improved at the option of the City Council. Area required for right-of-way dedication or for the granting of access easements is in addition to the area required for park dedication. (2) Areas adjacent to coastal bluffs having significant view potential shall be designated for use as view parks or vista points consistent with parkland dedication requirements. (3) Land required to be dedicated for neighborhood parks but which is intended to remain in an unimproved, natural state should be located adjacent to the bluffs; any portion of that land required to be dedicated for neighborhood parks which is intended to provide active recreational facilities may be located in the interior portions of the proposed development. • (4) Bluff face areas need not be accepted by the City for any type of dedication. (h) Subdivision Design. In the preparation of a development plan, natural bluff areas shall not be included in development areas as designated on the site plan. The design of any subdivision shall not include any bluff face or bluff edge as part of any residential lot or building site. (i) Landscape Plans and Plant Material. For the purpose of regulating groundwater conditions, landscape plans for those areas immediately adjacent to the bluffs shall incorporate native vegetation or other drought-resistent plant material. (Ord. 1798 § 1, 1979) . • BLUFF AREAS MAP P.C.DISTRICT SITES =:y :`' , >. ' ' w ,ate`•' SUBJECT TO BLUFF REGULATIONS s Ste' l� !• ys WESTB Y xl 4 • �"r"�-``�� x}�L x" �, ORDINANCE 1798 DOWNCOAST SPHERE of ✓.-1,.,: '\�. :y'° r` - �"-�%:.�'_ =._ v.,,\ `a�;. �... ,:: •\\� !=. ! a•`x.r. INFLUENCE �NEWPORTER NORTiioH�'s- ° if" 1 ./' ._�';' L1-^Y i.`-'ice +•'`� I•. --=-_ - <",• j -`�\ •�\ ;'• -r), .L\ <"_G �..�-'ni ( r-z __r__= .• osr!, r-sr___—r_rrr=____-__ \ C. ! •✓I I •, Y [f'ili __ _- _ ✓ CASTAWAYS c `T:;'•�;, - '�%tif,? t.lj - ---- A ��. xj.j / Fl.r,i -;r'�,-` _ �.. `_ /q"�-'��.f/ `.,�(xuZ��!•^7_'� �-'^��...N_== __ -_ __�_}____}-_ __ - , f- t T t i `a• ` e. :-•- j fr __- _r__=rr-r___=r___r_ _ _ x. =:�•':'�� l\: 11 •°, /.•�ts. !'-�,�.�Jud7 y£ '�� _-_-__= -_ --r-__-_ __' \.', A•1 l��'iF xii _r 'ac::� "".t.rF., y ..za^,�.��---^ •'••- _ _- - ' CITY OF NEWPOBT BEACN -_ •y / ?.is E .\ ,Y wwwe ounr,wlrun, _ __ _ C p C ___ Page 152 0-S DISTRICT Chapter 20.52 O P E N S P A C E D I S T R I C T Chapter 20.52 Open Space District Sections: 20.52.010 Intent and Purpose. 20.52.020 Effect of Chapter. 20.52.030 Establishment of O-S Districts. 20.52.040 Uses Permitted. 20.52.050 Uses Requiring Use Permit. 20.52.060 Parking. 20.52.070 Building Height. 20.52.010 INTENT AND PURPOSE. The O-S District is intended to prohibit intensive urban development of those areas of the City which are subject to hazards of flood, erosion, geologic instabil.tcy, earthquake faulting, and fires; to assure permanent open space in and fur public parks, • beaches and recreation areas, marine and wildlife preserves, Land preserves, watershed areas, spreading grounds, and settling basins wherein development would adversely affect public use and natural environmental benefits; to regulate commercial activities in recreational areas; and to allow for the temporary preservation of agricultural and natural areas. (Ord. 1730 § 1 (part) , 1977; Ord. 1485 § 1 (part) , 1973) ; Ord. 88-23, Aug. 10, 1988) 20.52.020 EFFECT OF CHAPTER. All sections of this Title -shall be subject to the provisions of this chapter. (Ord. 1730 § 1 (part, 1977: Ord. 1485 § 1 (part) , 1973) . 20.52.030 ESTABLISHMENT OF O-S DISTRICTS. This Section establishes two classifications of Open Space, which are identified by a parenthetical (A) for those areas where active recreational uses are permitted, and a parenthetical (P) for those areas where only passive recreational uses are permitted and access is limited or otherwise controlled. (Ord. 88-23, Aug. 10, 1988) 20.52.040 USES PERMITTED. A. The following uses shall be permitted in the 0-S (A) District: (1) Privately owned or public open recreation areas, parks, paseos, permanent landscape or open space, playgrounds, beaches, cemeteries, and such buildings and structures as related thereto, • but permitting no commercial or retail uses or services or commercial recreational uses where an admission or use fee is charged, except as permitted under Section 20.52.050 of this Chapter. Page 133 0-S DISTRICT Chapter 20.52 (2) Agricultural and horticultural uses and such buildings and structures as related thereto subject to the provisions of Section 20.52.050 of this Chapter. (3) Public bicycle routes, hiking trails, and other pedestrian ways. (4) Public parking. (5) Marinas, harbors, mooring facilities subject to City Council Harbor Permit Policy, and dry boat storage areas. (6) Other similar uses which in the opinion of the Planning Commission would fulfill the intent of this Section. (Ord. 1730 § 1 (part) , 1977: Ord. 1485 § 1 (part) , 1973; Ord. 88-23, Aug. 10, 1988) B. The following passive recreational or open space uses or facilities shall be permitted in the 0-S (P) District: (1) Marine and wildlife preserves. (2) Public hiking trails or access ways. (3) Public viewing facilities such as observation platforms or nature study areas. (4) Drainage channels, water courses, spreading grounds, settling basins, reservoirs, power and utility lines, and any access roads necessary to provide service to these facilities. (5) Other similar uses, which in the opinion of the Planning Commission would fulfill the intent of this Section. (Ord. 88-23, Aug. 10, 1988) 20.52.050 USES REQUIRING USE PERMIT. A. The following active recreational uses shall be permitted in the 0-S(A) District subject to the approval of a Use Permit in each case. Any such use which was in existence prior to the property being reclassified to Open Space may be continued or altered without securing a use permit provided that there is no increase in the intensity of use: (1) Residential structures for a watchman or caretaker and his family. (2) Public or private commercial recreational facilities, including but not limited to golf courses, aquatic parks, tennis clubs and yacht clubs or other similar uses, where an admission or use fee or club membership fee is charged or required. (3) Night lighting other than normal parking or security lights. (4) Other similar uses, which in the opinion of the Planning Commission, would fulfill the intent of this Section. (Ord. 1730 § 1 (part) , 1977; Ord. 1485 § 1 (part), 1973; Ord. 88-23, Aug. 10, 1988) Page 134 0-S DISTRICT Chapter 20.52 B. In the 0-S(P) District any construction or grading activity in conjunction with the development or establishment of any use permitted by Section 20.52.040 that requires the issuance of a building or grading permit shall be subject to the approval of a Use Permit in each case. (Ord. 88-23, Aug. 10, 1988) 20.52.060 PARKING. Parking shall be provided in accordance with the provisions of Title 20 or shall be established by the Planning Commission. (Ord. 1730 § 1 (part) , 1977: Ord. 1485 § 1 (part) , 1973) . 20.52.070 BUILDING HEIGHT. The building height limit shall be as specified in Chapter 20.02. (Ord. 1730 § 1 (part) , 1977: Ord. 1485 § 1 (part) , 1973) . • ► Page 136 U DISTRICT Chapter 20.53 Chapter 20.53 U DISTRICT Sections: 20.53.010 Effect of Chapter. 20.53.020 Uses Permitted. 20.53.030 Building Height Limit - Site Area - Yards. • 20.53.010 EFFECT OF CHAPTER. The following regulations shall apply in all unclassified or U Districts. U Districts shall include all of the incorporated area within the City not precisely zoned or included in any zone or district as provided for under the zoning code of the City of Newport Beach. (1949 Code § 9103.8 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.53.020 USES PERMITTED. The following uses shall be permitted in U Districts: All uses not otherwise prohibited by law; provided, that a Use Permit shall first be secured for any use to be established in any U District, except authorized piers. (1949 Code § 9103.81 added by Ord. 635; December 12, 1950). 20.53.030 BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA LIMIT - SITE AREA - YARDS. Building height limits, building site area required and yards required shall be as specified in the Use Permit; provided, however, that in no event shall any building exceed the height limit specified in Chapter 20.02, nor shall floor area or building bulk exceed the limits specified in Chapter 20.07. (Ord. 89- 19, Sept.13, 1989; Ord. 1454 § 19, September 11, 1972: prior 1949 Code § 9103.02 added by Ord. 635; December 12, 1950). • Page 136-1 G-E-I-F District Chapter 20.54 GOVERNMENTAL EDUCATIONAL AND INSTITUTIONAL FACILITIES DISTRICT CHAPTER 20.54 G-E-I-F DISTRICT Sections: 20.54.010 Intent and Purpose. 20.54.015 Permitted Uses. 20.54.020 Use Permit Required 20.54.025 Development Standards. 20.54.010 INTENT AND PURPOSE. The intent and purpose of this Section is to establish a zoning district that provides for the orderly development of public, quasi-public, and institutional uses, or the expansion of existing facilities, within areas designated for these uses in the Land Use Element of the General Plan. (Ord. 88-27, August 24, 1988) 20.54.015 PERMITTED USES. The following uses shall be permitted in the G-E-I-F District: a. Churches, Synagogues, and Temples. b. Civic Centers and Related Municipal Facilities and Offices. C. Community Centers. d. Fire Stations and Police Stations. e. Hospitals. f. Libraries. g. Lodges and Community Service Organizations. h. Museums. i. Post Office Facilities operated by the U. S. Postal Service. J . Reservoirs and other water delivery, storage, or supply facilities. k. Schools, Public or Private, Administration Offices and Facilities. 1. Social Halls. M. Transit Facilities. n. Utility Substations, Public and Private. (Ord. 88-27, August 24, 1988) 20.54.020 USE PERMIT REQUIRED. Approval of a Use Permit in accordance with the provisions of Chapter 20.80 of the Municipal Code is required for the establishment of any new use permitted by this Section, or any expansion or changes in the operational characteristics of an existing use within this zoning district, unless said use is owned and or operated by a governmental agency that is exempted from the provisions of this Section by constitutional or statutory law, and is acting in its governmental capacity. (Ord. 88-27, August 24, 1988) Page 136-2 G-E-T-F District Chapter 20.54 20.54.025 DEVELOPMENT STANDARDS. Unless otherwise approved as a y part of a Use Permit, the following development standards shall be a part of any proposal for a now or expanded use within this zoning district: a. Building Height. Building height shall be regulated by Chapter 20.02 of the Municipal Code, in accordance with the "Official Height Limitation Zones Map" incorporated within Chapter 20.02. b. Building Floor Area. Gross building floor area shall be established using the floor area limits set forth parenthetically on the Districting Maps. C. parking Requirements. Parking shall be provided in accordance with the provisions of Chapter 20.30.035 of the Municipal Code. d. Setback Requirements. The Planning Commission, or City Council upon review or appeal, shall establish front, side, and rear yard setback requirements for each proposed development in conjunction with the approval of the Use Permit. (Ord. 88-27, August 24, 1988) • PART VI: SPECIFIC AREA PLANS Chapters: 20.60 Specific Plan District 20.61 Newport Shores Specific Plan District 20.62 Mariners' We Specific Plan District • 20.63 Cannery Village/McFadden Square Specific Plan District 20.65 Central Balboa Specific Plan District E 1, Y •i • � • N EWPORT SHORES SPECIFIC AREA PLAN CITY OF NEWPORT BEACH — SPECIFIC PLAN NO. 4 — 1UNE 4P 1973 g o i A o PREPARED BY COMMUNITY DEVELOPMENT DEPARTMENT / 0 © COMMERCIAL 0 RESIDENTIAL �� sA g `OAST $"D ® LANDSCAPE BUFFER �',ME aS ro n r a n 4YNLA aNA.ENtal Sc m • '/ uaN wive NEW a Y 11////�11I11 FORT SHORES 4 Lip 4 Y^N4 PI.0.C1N4 E1Mf0.SIOE [ a [ T b .l z a a a4�f Z o P a m � ro b c // s a ��� f lN0 P.IERING EIME!90E L[LGHWAY -� ryu 5 y R ; 1 IS /f f Lr��[NLV.L EISEMLNI / O 6 fILME0.510E COAST SaNrvill �O PMgNG 1, NO Ifil 100.Nw p PPOPFR[Y 1_ � �\SIGN/AWl10N Ei.0.1E � 111i � I WEST ' J S s1LlE PEortpv RE DRIVE $EA$HO� E �CEA. FRON� t �r K SPECIFIC AREA PLAN BOUNDARIES August 1 , 1978 r r Cannery Village / McFadden Square Specific Area Plan . n row - < Pill pill _ sommommmmmun .o CENTRAL BALBOA SPECIFIC AREA PLAN n U�Y AEU�EfP EypRO row ED6EWr�o R.A, 0.J. t. w NM _� Op CIC4 r. a�$Do 1y.3�•a�Ee: P' G.1 S. \ � C 1 3 P C E � 4 9e 0.• u / J � 0 T oc /�•a' �� m j: 4m .l. mil' • N - O ' J Alk Old Newport Blvd. Specific Area Plan Q pGL Q 71 � sr. J • � r D 4 jDE.PCE ' ♦�' �•4Nq RO� r yt� � � � D Vi S � Non �0 rb Sr as 7R D3a�7 �• \ � m r U ��-'� %i% GQ40E COON7T 1X7CK' . JEi32p!!r/ON J �eDA C es a I V Corona del Mar ` 3 1 r� r Specific. Area Plan a o , r r rrrrr.......r.r r.rr r r rr r r r rr rrrl , /AUF/G cpg5r tw" AVENUL rrrrr 1 = r W VI l 2 J W v • ' rrr.rrrr^��..r���rrrrrr r.rrr i�i� FOut/N r r rrrrr Irrrrrrrr.r. r �� 2 K�EE cll r�rr.r n, r - � I r SCL*NG Ave Ve wrr... Corondel Mar I Specific ` rea Plan s• 'HH1H[J I [In FT ►.► '��� Page 137 SP DISTRICT Chapter 20.60 SPECIFIC FLAN 12151RICT Chapter 20.60 SPECIFIC PLAN DISTRICT Sections: 20.60.010 Authority and Scope. 20.60.020 Effect of Chapter. 20.60.030 "SP" Combining District - Uses Permitted and Development Standards. 20.60.040 "SP" Individual District - Uses Permitted and Development Standards. 20.60.050 Adoption or Amendment of Specific Plans and Application of the "SP" District. 20.60.060 Specific Area Plan Areas - Site Plan Review Required. 20.60.070 Use Permit Required - Specific Plan Areas. 20.60.010 AUTHORITY AND SCOPE. The Planning Commission may, or if so directed by the City Council shall, prepare specific plans based on the general plan and drafts of such regulations, programs, and legislation as may in its judgment be required for the systematic execution of the general plan and the Planning Commission may recommend such plans and measures to the City Council for adoption according to the provisions of California Government Code Sections 65450 through 65550 which are incorporated herein by this reference as if fully set forth. Such specific plans may include: (a) Regulations limiting the location of buildings and other improvements with respect to existing or planned rights-of-way. (b) Regulations of the use of land and buildings, the height and bulk of buildings, and the open spaces about buildings. (c) Street and highway naming and numbering plans in order to establish the official names of streets and highways, to remove conflicts, duplication and uncertainty among such names, and to provide an orderly system for the numbering of buildings and properties. Page 138 SP DISTRICT Chapter 20.60 (d) Such other matters which will accomplish the purposes of this chapter, including procedure for the administration of such regulations. (e) Such other measures as may be required to insure the execution of the general plan. (Ord. 1500 § 1 (part), 1973). 20.60.020 EFFECT OF CHAPTER. The following regulations shall apply to all property within a District where the District symbol is combined with the "SP" - Specific Plan Symbol and all property within the "SP" - Specific Plan District, when .applied as a separate district. In all cases the "SP" symbol shall be followed by a number to designate the Specific Plan (e.g., SP1: Specific Plan Number 1) and the development that shall be permitted subject to provisions of the designated Specific Plan and the regulations of this chapter. (Ord. 1500 § 1 (part), 1973). 20.60.030 "SP" COMBINING DISTRICT - USES PERMITTED AND DEVELOPMENT STANDARDS. The "SP" symbol may be applied as a combining district (e.g., CNH-SP) where the Specific Plan regulations are intended to apply only to specific uses and development of land. In these cases, where the Specific Plan regulations may differ from the regulations of the base district, the regulations of the Specific Plan shall apply. (Ord. 1500 § 1 (part), 1973). 20.60.040 "SP" INDIVIDUAL DISTRICT - USES PERMITTED AND DEVELOPMENT STANDARDS. Any use or development of property within an "SP" District where the "SP" symbol is not combined with another District shall be in compliance with the regulations of the referenced Specific Plan. (Ord. 1500 § 1 (part), 1973). 20.60.050 ADOPTION OR AMENDMENT OF SPECIFIC PLAN AND APPLICATION OF THE "SP" DISTRICT. Specific Plans shall be adopted and amended by ordinance pursuant to the provisions of Chapter 20.84 of this Code. (Ord. 1500 § 1 (part), 1973). 20.60.060 SPECIFIC AREA PLAN AREAS - SITE PLAN REVIEW REQUIRED. A. PURPOSE. The City Council finds that developments in areas designated for Specific Area Plans for which a Specific Area Plan has not been adopted, may have potentially adverse effects on the surrounding area, or may interfere with the implementation of specific objectives of the General Plan or Specific Area Plans. The effect of this Section is to require Site Plan Review by the Planning Commission for any proposed development, except as provided in Sub-section C, within areas designated by the General Plan for the development of Specific Area Plans to insure that the project conforms to the objectives of the General Plan. 1 Page 138-1 SP DISTRICT Chapter 20:60 B. FINDINGS. The City Council finds, determines and declares that the establishment of Site Plan Review procedures contained in this Section promote the health, safety, and general welfare of the community by ensuring that: (1) Development of properties in Specific Area Plan areas will not preclude implementation of specific General Plan or Specific Area Plan objectives and policies. (2) The value of property is protected by preventing development in Specific Area Plan Areas which is characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area. i (3) The benefits derived from expenditures of public funds for improvement, acquisition and beautification of streets, parks, and other public facilities are maximized by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. (4) Unique site characteristics are protected in order, to ensure that the community may benefit 'from the natural terrain, harbor and ocean,, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. C. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, to be constructed, or existing building to be reconstructed or remodeled to increase the gross, floor area by 50% or 2;500 square feet whichever is less, or increase the roofline or height, within the an area designated on the land use plan of the General Plan for the development of a Specific Area Plan, for which a Specific Area Plan has not been adopted. Exception: Site Plan Review shall not be required for construction or alteration of single-family dwellings or duplexes in any residential zone where such development is consistent with the -land use designation of the General Plan. D. PLANS AND DIAGRAMS TO BE SUBMITTED. Plans and diagrams shall be submitted in accordance with Section 20.01.070D. E. FEE. The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. STANDARDS. In addition to the general purposes set forth;in Sub-section B, in order to carry out the purposes of this chapter, the site plan review procedures estab- Page 138-2 SP DISTRICT Chapter 20.60 lished by this Section shall be applied according to and in compliance with the standards contained within Section 20.01.070F. G. ACTION. Action by the Planning Commission and the City Council shall be in accordance with the provisions of Sections 20.01.070 H, I, and J. H. EXPIRATION AND REVOCATION OF SITE PLAN REVIEW APPROVALS. Expiration or revocation of Site Plan Review Approval$ shall be in accordance with Section 20.01.070 K (Ord. 89-24, Oct. 11, 1989; Ord. 1769 § 1, 1978; Ord. 1686, § 1, 1976) 20.60.070 USE PERMIT REQUIRED - SPECIFIC PLAN AREAS. A. PURPOSE. The City Council finds that development of office buildings exceeding 5,000 square feet in floor area in areas designated for Specific Area Plans for which a Specific Area Plan has not been adopted may conflict with the existing or contemplated character, appearance, use or design of said district, thereby precluding the implementation of the General Plan policies and objectives. The effect of this Section ' is to require use permits for any proposed office building with a gross floor area exceeding 5,000 square feet in said areas to insure that the project conforms to the objectives of the General Plan. B. USE PERMIT REQUIRED. A Use Permit shall be obtained prior to the issuance of a Building Permit for any new office building exceeding 5,000 square feet gross floor area within an area designated on the land use plan of the General Plan for the development of a Specific Area Plan, for which a Specific Area Plan has not been adopted. C. CRITERIA FOR USE PERMIT. In addition to the provision of Chapter 20.80 of this Code, in granting a Use Permit under this Section, the Planning Commission, or City Council, if the matter is to be determined by the City Council shall find that: (1) The proposed office building is in keeping with the desired character of the specific plan area as identified by the General Plan; (2) The proposed building is consistent with the General Plan policies; and (3) The proposed use will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. (Ord. Ord. 89-24, Oct. 11, 1989; Ord. 1640 § 2, 1975) 4 Page139 SPECIFIC PLAN (NEWPORT SHORES) Chapter 20.61 Chapter 20.61 SPECIFIC PLAN (NEWPORT SHORES) Sections: 20.61.010 Establishment of Specific Plan (Newport Shores). 20.61.020 Intent and Purpose. 20.61.030 Private Land Development. 20.61.040 Public Rights-of-Way. 20.61.050 Residential Development. 20.61.060 Commercial Development. �t 20.61.010 ESTABLISHMENT OF SPECIFIC PLAN (NEWPORT SHORES). The following described real property in the City of Newport Beach, County of Orange, State of California, to wit: Lots 1 and 2, Block D; Lots 1 through 6, Block E; Lots 1 through 5, Block F; Lot 1, Block G; El Moro Tract, recorded in Miscellaneous Maps, Book 8, Page 75; Lots 4, 5, 6, and 7, Block 159; Lots 4 through 17, Block 160; River Section, recorded in Miscellaneous Maps, Book 4, Page 25; Lots 3 through 14, Block 1; Lots 3 through 14, Block 2; Lots 3 through 24, Block 3; Lots 3 through 14, Block 4; Lots 3 through 14, Block 5; Lots 3 through 14, Block 6; Lots 3 through 14, Block 7; Lots 3 through 14, Block 8; Lots 3 through 14, Block 9; Lots 3 through 14, Block 10; Lots 3 through 12, Block 11; Lots 3 through 6, Block 12; Lots 3 and 4, Block 13; Lot 3, Block 14; Seashore Colony Tract Addition, recorded in Miscellaneous Maps, Book 7, Page 25; Lots i through 5, Block 10; Tract No. 772, recorded in Miscellaneous Maps, Book 23, Pages 5 and 6; Vacated Olive Street north of West Coast Highway; I _ Page 140 � SPECIFIC PLAN (NEWPORT SHORES) Chapter 20.61 Vacated Sonora Street north of West Coast Highway; Vacated alley between Olive and Sonora Streets (vacated) north of West Coast Highway; Vacated alley between Highland Street and Grant Street, north of West Coast Highway; Vacated alley between Highland Street and Nordina Street (vacated); Vacated Nordina Street north of West Coast Highway; Vacated alley between Prospect Street and 62nd Street, north of West Coast Highway and south of Newport Shores Drive; That area south of Superior Court Case No. 22797 located in Record of Survey, Book 27, Page 45, between Summit Street (vacated) and Highland Street (east side) extended, and as shown on Districting Map No. 1 referred to in Section 20.01.050 of the Newport Beach Municipal Code, and by such reference made a part of Title 20 of said Code, is hereby rezoned from the C-1-H and R-2 Districts to SP 4-Specific Plan District, and said Districting Map No. 1 is hereby amended to show this zoning change. (Ord. 1497 § 1 (part), 1973). 20.61.020 INTENT AND PURPOSE. The intent and purpose of this Ordinance is to establish a Specific Area Plan to guide the orderly development and improvement of that area of the City which is located on the north side of West Coast Highway and is generally bounded by the Santa Ana River, Seminiuk Slough and Newport Shores Drive. (Ord. 1497 § 1 (part), 1973). 20.61.030 PRIVATE LAND DEVELOPMENT. The following two general Land Use Designations are established; 1. Residential Development 2. Commercial Development The designations, locations, and boundaries of these uses are delineated upon the plan entitled, "Newport Shores Specific Area Plan - City of Newport Beach Specific Plan No. 4," which plan and all information and notations thereon are hereby made a part of this section by reference. Whenever a building or structure is erected, reconstructed or structurally altered in the .� subject area, all applicable sections of the Municipal Code shall prevail except where i - Page 141 SPECIFIC PLAN (NEWPORT SHORES) Chapter 20.61 there is a conflict with this Ordinance, in which case the provisions of this Specific Area Plan shall take precedence. Further, no building permit shall be issued for any construction unless the property owner agrees to the dedication and improvement of the existing and proposed rights-of-way adjacent to or within the property, as indicated on the Specific Area Plan and in accordance with the standards of the City of Newport Beach. (Ord. 1497 § 1 (part), 1973). 20.61.040 PUBLICRIGHTS-OF-WAY. As indicated on the Specific Area Plan map, it is intended that direct access to all local streets except Orange,Fern, Highland, Prospect, 61st, and 60th be removed and that a one-way street system be created on Colton, Grant, Lugonia, Walnut, and Cedar with connecting "frontage streets" between. These "frontage streets" shall be approximately 12 feet wide with a planting area adjacent to Coast Highway. All existing streets shall maintain their current right-of-way widths. A new interior street shall be provided with any redevelopment of the property west of Grant Street. This street shall have a minimum right-of-way width of 40 feet and shall be generally located as shown on the Specific Area Plan map. It is intended that 62nd Street and the alley between 62nd Street and 61st Street be vacated from Newport Shores Drive South to the Coast Highway, provided that agreement on the use of this right-of-way can be reached with the adjacent property owners. Signalization and signing shall be provided as indicated on the Specific Area Plan map. (Ord. 1497 § 1 (part). 1973). 20.61.050 RESIDENTIAL DEVELOPMENT. It is the intent of this section to implement the recommendations of the Residential Growth Element of the General Plan which states that a portion of the commercial strip on the West Coast Highway shall be rezoned to a two-family district that would include appropriate development standards. A. USES PERMITTED. Single family dwellings and duplexes. Accessory uses normally incidental to single residential uses. This is not to be construed as permitting any commercial uses. B. USES REQUIRING USE PERMIT. The following uses shall require a use permit: community centers, clubs, multiple dwellings, apartment dwellings, and dwelling groups containing three or more dwelling units. The Planning Commission before approving a use permit for any development containing three or more dwelling units shall find: Page 142 SPECIFIC PLAN (NEWPORT SHORES) Chapter 20.61 1. That the development will not be detrimental to or out of character with the surrounding development. 2. That the development does not exceed the density,height,and floor area limits established in this section. 3. That in addition to the basic outdoor living space requirement of ten percent of the buildable area, there will be additional outdoor living space. C. DENSITY LIMITATION. For each dwelling unit up to a maximum of two units, there shall be a minimum of twelve hundred (1200) square feet of lot area. For each dwelling unit in excess of two units, there shall be a minimum of fifteen hundred (1500) square feet provided that a use permit is first secured for any development in excess of two units. D. BUILDING HEIGHT AND FLOOR AREA LIMIT. 1. BUILDING HEIGHT. For dwellings, the height limit shall be as specified in Section 20.02,030(A) of the Municipal Code. For accessory buildings the height limit shall be fifteen (15) feet. 2. FLOOR AREA LIMIT. The total gross floor area, including basements, garages, and carports contained in all buildings on a building site shall not exceed twice the buildable area. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. E. OUTDOOR LIVING AREA. In addition to the required yards and separations between detached buildings, there shall be provided an outdoor living area of at least ten percent of the buildable area equally distributed between each dwelling unit. Said area may be combined provided the combined area is accessible and available for the use of each dwelling. Said area shall have a minimum dimension of six(6)feet and may be in the form of open land area, a deck, a balcony, a porch or patio. Said area may be roofed but shall remain unenciosed on at least one side. In no event shall said area be placed on the roof of the second story. F. YARDS. 1. FRONT YARDS. Front yards shall be a minimum of five (5) feet. Page 143 SPECIFIC PLAN (NEWPORT SHORES) Chapter 20.61 2. SIDE YARDS. Each side yard shall not be less than three (3) feet wide on building sites forty (40) feet wide or less, or four (4) feet on sites wider than forty (40) feet; provided, that the side yard on the rear twenty (20) feet of the of the street side of a corner lot,where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. 3. REAR YARDS. Rear yards shall be a minimum of five (5) feet. 4. BETWEEN DETACHED BUILDINGS. Minimum ten (10) feet. 5. SETBACK FROM COAST HIGHWAY. Structures designed for residential occupancy shall be located a minimum of eighteen (18) feet from the Coast Highway right-of-way. G. AUTOMOBILE STORAGE OR PARKING SPACE. For each dwelling unit there shall be a minimum of two covered parking spaces. On lots less than fifty (50) feet in width tandem parking shall be permitted provided that the forward space is an enclosed garage, and the rear space is unenclosed on at least three (3) sides. (Ord. 94-3, March 16, 1994; . Ord. 1497 § 1 (part), 1973). 20.61.060 COMMERCIAL DEVELOPMENT. It is the intent of this section to provide for a service commercial area that will provide convenience goods and services to nearby residences. A. USES PERMITTED. Retail stores, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building, including appliance stores, bakeries (except wholesale), banks, barber shops, nail salons, beauty parlors, book stores, drug stores,food shops, hardware stores,medical-dental offices, radio stores, antique shops, shoe shops, studios, tailor shops, copy service, handicraft establishments, and other uses which in the opinion of the Planning Commission are of a similar nature. B. USES REQUIRING USE PERMIT. Gasoline service stations, hotels, motels, restaurants, outdoor restaurants, drive-in and take-out restaurants, drive-in facilities, pet shops, animal hospitals, laundries, launderettes, wedding chapels, health clubs/aerobics studio, music/art schools, private instructional facilities, arcades, commercial recreational facilities, day care, service/social clubs, churches, museums, marine related museums, boat sales and laundromat. C. BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA LIMIT. The total gross floor area and building bulk contained in all buildings on a buildable site in commercial areas shall be as specified in Chapter 20.07,provided that in no event shall any Section 20.02.030 C of the Municipal Code. building exceed the height limit specified in Se ( ) p Page 144 SPECIFIC PLAN (NEWPORT SHORES) Chapter 20.61 D. SITE AREA. The Building Site Area required shall be a minimum of 2,000 square feet. Minimum building site frontage required shall be twenty-five (25) feet. E. YARDS. 1. FRONT YARD. No front yard shall be required except where the frontage in a block is partially in a Residential Development Area, in which case the front yard shall be the same as required in such Residential Development Area. 2, SIDE YARDS. No side yards shall be required except where the side of a lot abuts upon the side of a lot in a Residential Development Area,in which case the side yard shall be not less than five (5) feet. 3. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on a Residential Development Area,in which case the rear yard shall be not less than five (5) feet. Rear yards abutting alleys shall have a minimum width of ten (10) feet. F. AUTOMOBILE STORAGE OR PARKING SPACE. Accessible storage or space for the parking of automobiles off the street shall be provided as set forth in Chapter 20.30.035 of the Municipal Code. In addition ten percent of the paved parking area shall be devoted to planting areas. Extensive use of trees is encouraged. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system and shall be separated from the adjoining vehicular way by a curb not less than six (6) inches in height. (Ord. 95-31, Sept. 27, 1995; Ord. 91.251 July 251 1991; Ord. 90-31, August 8, 1990; Ord, 89-35, Dec. 27, 1989; Ord. 89-19, Sept.13, 1989; Ord. 1717 § 1, 1977; Ord. 1497 § 1 (part) 1973; Ord. 85-17, October 23, 1985). mild MMN( MEST Q D 4 Ss +> 3 4 �5 ryi P co INtNk AV MOLE Se � T 0 G L L R or ♦ a i T M O R T N O N t� N N SPECIFIC AREA PLAN CITY OF NEWPORT BEACH Page 145 SPECIFIC PLAN MARINERS, MARINERS MILE) Chapter 20.62 Chapter 20.62 SPECIFIC PLAN DISTRICT (MARINERS' MILE) Sections: 20.62.010 Establishment of Specific Plan. 20.62.020 Intent and Purpose. 20.62.030 General Controls. 20.62.040 Recreational and Marine Commercial. 20.62.050 Retail and Service Commercial. 20.62.060 Site Plan Review. 20.62.070 Definitions. 20.62.010 ESTABLISHMENT OF SPECIFIC PLAN DISTRICT - MARINERS' MILE. The provisions of this Chapter shall apply to all parcels within the following described real property in the City of Newport Beach, County of Orange, State of California, to wit: Beginning at the intersection of the centerlines of Coast Highway and North Newport Boulevard; thence northerly along the centerline of Newport Boulevard to centerline of Santa Ana Avenue; thence northeasterly along the centerline of Santa Ana Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street to the southerly prolongation of the westerly line of the parcels created from Lot D Tract 919 by record of survey recorded in Book 24,Page 6 of record of surveys; thence northerly,easterly, northeasterly and southeasterly,along said prolongation and the boundaries of said parcels to the northwesterly prolongation of the northeasterly line of Lot 40 Tract 1133; thence southeasterly along the prolongation and the northeasterly line of Lot 40 Tract 1133;thence southwesterly along the southeasterly boundary, of Lots 40 and 41 to the most westerly corner of Lot 48 Tract 1133; thence southeasterly along the southwesterly line of Lot 48 Tract 1133 and its easterly prolongation to the centerline of Ocean View Avenue; thence southerly along the centerline of Ocean View Avenue to the westerly prolongation of the northeasterly line of Lot 20 Tract 1133; thence easterly along said northeasterly line of Lot 20 to the northwesterly line of Parcel A, record of survey recorded in Book 10 Page 27 of record of survey; thence northeasterly along said westerly line to the most westerly corner • of that certain parcel of land as described in the deed recorded in Book 11293 Page 786 of official records; thence easterly along the southwesterly_line of said parcel to the most southerly corner of said parcel; thence northeasterly to a line parallel with and 190 feet, measured at right angles from the center line of Cliff Drive; thence southeasterly along said Page 146 SPECIFIC PLAN (MARINERS' MILE) Chapter 20.62 parallel line and its easterly prolongation to the northwesterly boundary line of Tract No. 1221; thence southwesterly along said boundary and its prolongation to an intersection with the U.S.pierhead line; thence westerly along said pierhead to U.S.Bulkhead Station 128A; thence westerly to U.S.Bulkhead Station 128;thence westerly to U.S.Bulkhead Station 227, thence northerly to the point of beginning, as shown on Districting Map No. 4 referred to in Section 20.06.030 of the Newport Beach Municipal Code, and by such reference made a part of Title 20 0£said Code, is hereby rezoned from the C-2, C-O-Z, C-1-H, C-2-H, and R-1 Districts to SP 5 - Specific Plan District, and said Districting Map No. 4 is hereby amended to show this zoning change. (Ord. 1718 § 1 (part), 1977). 20.62.020 INTENT AND PURPOSE. The intent of this ordinance is to establish a Specific Plan District to guide the orderly development and improvement of that area of the City of Newport Beach which is located east of Newport Boulevard,west of the county owned property used as a Sea Scout Base, north of Lower Newport Bay, and generally south of the base of the bluffs northerly of Coast Highway. It is the purpose of this ordinance to implement the goals and policies of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan and establish consistency between these documents and the zoning ordinance in the Mariners' Mile area. Specifically,these planning documents contain provisions which indicate the desire on the part of the City to encourage marine service businesses, visitor-serving facilities, local service retail, encourage a pedestrian orientation of the area, provide public physical and visual access to the bay, preserve and enhance the character of scenic highways and drives and city view parks in the area, and provide safe and convenient vehicular circulation and access to businesses. The development standards contained in this Specific Area Plan are intended to implement these objectives by providing a system whereby certain land uses are encouraged through an incentive system, and competing objectives can be balanced based upon the overall goals of the community. Therefore, specific land use, intensity and design criteria are set forth in the review framework of the site plan review, use permit and variance processes, where the Planning Commission will exercise its discretion on a project-by-project basis to result in development which provides for the overall community needs as set forth herein. The permitted land uses and accompanying design guidelines and development standards provide for the orderly and equitable development of property within the Mariners' Mile area. Areas on the bayward side of Coast Highway are designated "Recreational and Marine Commercial." It is the intent of this designation to encourage a continuation of marine-oriented and visitor-serving uses, maintain the marine theme and character of the area, and encourage public physical and visual access to the bay. The marine-oriented and coastal-dependent uses on the bayfront are encouraged by establishing system of incentives to property owners to maintain these uses. The area inland of Coast Highway is designated for "Retail and Service Commercial" use. This area is intended to serve as an active pedestrian-oriented retail area with a wide range of visitor-serving, neighborhood commercial and marine-related uses permitted. (Ord. 90-3, March 28, 1990; Ord. 1718 § 1 (part), 1977). Page 147 SPECIFIC PLAN (MARI. Chapter 20.6ERS MILE) Chapter 20.62 20.62.030 GENERAL CONTROLS. A. LAND USE DESIGNATIONS. The following land use designations are establishdd: 1. Recreational and Marine Commercial, RMC District. 2. Retail and Service Commercial, RSC District. The designations, locations, and boundaries of these uses are delineated upon the map entitled "Mariners' Mile - Specific Plan District, City of Newport Beach," which plan map and all information and notations thereon are hereby made a part of this section by reference. B. APPLICABILITY. The provision of this section shall apply to all property in the Mariners' Mile Specific Plan District. 1. CONSTRUCTION OF BUILDINGS REGULATED. No building, structure • or sign 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 Plan and all other ordinances, laws, and maps referred to therein. Where other sections of the Municipal Code conflict with any provision of this Plan, the provisions of this Specific Plan shall take precedence. 2. PARKING SPACES. Off-street parking spaces shall be provided as set forth in Chapter 20.30.035 of the Municipal Code, however, off-street parking for all floor area/building bulk of any structure subject to the setback requirements of Section 20.62.050(C)(1) that exceeds 0.5 times the buildable area of the site exclusive of all setbacks may be waived by the Planning Commission, or City council on appeal, upon a finding there will be no adverse impact on parking in the area and the provision of the additional parking on site would create a hardship. 3. LANDSCAPING. A minimum of ten percent (10%) of the paved parking area and a minimum of fifty percent (50%) of the area of the required setback from Coast Highway, shall be devoted to planting areas. Extensive use of trees is encouraged. All required planting areas shall have a minimum width of three feet, and shall be provided with a permanently installed irrigation system. 4. SITE PLAN REVIEW. Site Plan Review shall be required for development as set forth in Section 20.62.060 of this Chapter shall be required. Page 148 SPECIFIC PLAN (MARINERS MILE) Chapter 20.62 5. FLOOR AREA LIMIT AND BUILDING BULK LIMIT. Except as otherwise provided in this subsection, the gross floor area and building bulk limits specified in Chapter 20.07 shall apply to all structures. For purposes of this Chapter, the required setback specified in Section 20.62.050(C) shall be included in the calculation of buildable area for purposes of determining gross floor area and building bulk limits. The setback shall be included in gross floor area and building bulk calculations even if some or all of the setback, or any interest therein, has been dedicated to the City. Variances to exceed the base floor area ratio limits of Chapter 20.07 may be approved pursuant to Section 20.82.020(D). 6. SITE AREA. The Building Site Area required shall be a minimum of 10,000 square feet. Minimum building site frontage required shall be fifty feet. 7. INCREASE AND INTENSIFICATION OF NONCONFORMING RESIDENTIAL STRUCTURES AND USES. Notwithstanding theprovisions of Chapter 20.83 of this Title, minor additions to a nonconforming residential structure or use may be allowed, provided that such addition will not impact upon any public view through or over the site, and provided further that such addition will not extend beyond any existing balcony nor result in a greater number of dwelling units within the project. (Ord. 94 28, July 27, 1994; Ord. 93-24, December 22, 1993; Ord. 92-1, February 26, 1992; Ord. 90-16, May 23, 1990; Ord. 90-3, March 28, 1990; Ord. 1718 11 (part), 1977). 20.62.040 RECREATIONAL AND MARINE COMMERCIAL - RMC DISTRICT(Bayward side of Coast Highway). It is the intent of this designation to establish a priority system to guide development on building sites on the bay by encouraging a continuation of marine oriented and visitor-serving uses,maintaining the marine theme and character of the area, and encourage public physical and visual access to the bay. A. PERMITTED USES. 1. Incentive Uses: Highest priority uses such as marinas, yacht brokers, boat charters and rentals,marine construction,boat sales,boat repay and servicing, sports fishing establishments, dry-boat storage, boat launching, commercial fishing facilities, and retail marine sales, that when they occupy at least forty percent (40%) of a site, as defined herein, may be combined with uses under B.3. 2. Non-incentive Permitted Uses: Marine related offices where services are offered to the general public, such as marine surveyors and marine insurance brokers;specialty food uses in accordance with Chapter 20.72, and retail uses. 3. Signs in accordance with Chapter 20.06. Page 149 SPECIFIC PLAN • (MARINERS' MILE) Chapter 20.62 B. USES WHICH REQUIRE A USE PERMIT. 1. Incentive Uses: Highest priority uses such as marine related manufacturing, new boat construction, yacht clubs, marine service stations and gas docks, marine related private instructional facilities, and marine related museums that when they occupy at least 40% of a site, as defined herein, may be combined with uses under BA 2. Non-incentive uses such as social clubs, service clubs, wedding chapels, commercial recreation, hotels, motels, and 'bed and breakfasts', restaurants (outdoor, drive-in and take-out), and bakeries. 3. Uses which must be in conjunction with an Incentive Use occupying at least 40% of the site such as personal service commercial uses, professional and business offices, financial institutions, light manufacturing (unless for marine products), health clubs/aerobics studios, art studio, dance studios, interior decorating studios, music/art schools, photographic studios, private instructional facilities (unless marine related), arcades, commercial recreational facilities, barbers, beauty parlors, nail salons, cleaners and laundries, pet shops, copy service and handicraft establishments. C. SITE AREA. For purposes of determining compliance with this Section (developments with uses listed in B.3 above), "site" shall be defined as the total land area within the established property line of a parcel, including any portion under water. Forty percent (40%) of this total area shall be devoted to an incentive use as defined herein. For any permitted use bayward of the bulkhead,such as boat slips or marine gas docks, any land used for required parking for such use shall be included in the calculation of incentive uses to determine compliance with this Section. Any land area devoted to coastal related or coastal dependent uses such as marine ways, boat yard work areas and boat display areas in conjunction with a yacht sales business shall be included in the calculation of incentive uses to determine compliance with this Section. Any land area devoted to support a use in the water as described above shall also be included in the calculation to determine the total amount of development permitted on the site as set forth in Section 20.62.030 B,S. D. MIXED-USE DEVELOPMENTS. Where a mixed-use development(including uses listed in B.3 above) is proposed with any combination of uses permitted in Sections A. and B. above, the area devoted to non-incentive uses shall be subtracted from the total area of the development. Forty percent (40%) of the balance of the total development shall be devoted to an incentive use as defined herein. Page 150 SPECIFIC PLAN (MARINERS MILE) Chapter 20.62 E. HEIGHT ID41T. The height limit for all buildings and other structures on a building site within the RMC District shall be 26 feet. However, this height limit may be exceeded, up to a maximum of 35 feet with a use permit, providing that the Planning . Commission, in granting such a use permit, finds that all of the following criteria are met, 1. The development will provide for both public physical and visual access to the bay within the limits that public safety is insured and private property protected. 2. The increased building height would result In increased public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot,the percentage of ground coverage, and the treatment of all setback and open areas. 3. 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 within the general theme of a marine environment. 4. 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. 5. The increase in height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030. F. SETBACK REQUIREMENTS. 1. No side yard building setback shall be required, except as may be required by the Planning Commission,or the City Council on appeal or review,in granting a use permit or site plan review approval. 2. A ten (10) foot minimum setback shall be required from the bulkhead line. This setback shall provide for the minimum public access required herein along the bulkhead. Additional building setbacks may be required by the Planning Commission, or the City Council on appeal or review, in granting a use permit or site plan review approval. 3. A minimum of 50 percent of any lot frontage abutting Coast Highway shall provide a building setback of not less than 10 feet from Coast Highway right-of-way while the remaining 50 percent of the lot frontage shall provide a setback, not less than 5 feet from the right-of-way line of Coast Highway. Page 151 SPECIFIC PLAN (MARINERS MILE) !� Chapter 20.62 Within this required setback area, no structure or other intrusions shall be permitted, except for landscaping, decks, paving, architectural features or signs. G. PUBLIC ACCESS TO BAY FRONT. In approving a Site Plan Review or granting a Use Permit for development on a building site with frontage along the bay, the Planning Commission or City Council, upon review or appeal, shall require the dedication of vertical (between Coast Highway and the Bay) and lateral (along the Bay) public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. The following standards shall be applied to all lateral and vertical public access easements: 1. Public access easements shall be a minimum of ten (10) feet in width. 2. Public access easements may be provided within required setback areas and view corridors. • 3. All dedicated public access easements shall be recorded with the Orange County Recorders Office in a manner satisfactory to the Public Works Department. H. BULKHEAD. All bulkheads shall be constructed to an elevation of nine feet above mean low water level (6.27 feet above mean sea level). I. FLOOR ELEVATION. Finished floor elevation for all new structures or addition to an existing structure(s) other than floor area used for parking, shall be nine feet above mean low water level (6.27 feet above mean sea level). (Ord. 91-25, July 25, 1991; Ord. 90- 31, August 8, 1990; Ord. 90-3, March 28, 1990). 20.62.050 RETAIL AND SERVICE COMMERCIAL- RSC DISTRICT (Inland side of Coast Highway). It is the intent of this designation to encourage the continuation of"marine-oriented" uses and the "marine" theme or character of the area; to encourage mutually supportive businesses, a continuity of shopping and pedestrian orientation, and to prohibit uses which would interrupt this continuity; and to minimize the number of curb cuts on Coast Highway. A. USES PERMITTED: 1. Retail sales, specialty food uses in accordance with Chapter 20.72, yacht brokers, boat sales, marine supply sales, boat repair and servicing, offices for personal and professional services which are offered to the general public, art studios, interior decorating studio, photographic studios, barbers, beauty parlors, nail salons, copy service, handicraft establishments, and other uses which, in the opinion of the Planning Commission, are of a similar nature. Page 152 SPECIFIC PLAN (MARINERS' lv=) Chapter 20.62 The decision of the Planning Commission may be appealed to the City Council. 2. Signs in accordance with Chapter 20.06. B. USES REQUIRING USE PERMIT. The following uses shall be permitted upon the granting of a use permit by the Planning Commission: 1. Manufacturing of marine products, boat construction, animal hospitals, auto sales and repair shops, gasoline service stations, cleaning establishments, laundries, launderettes, outdoor markets, restaurants, outdoor restaurants, drive-in and take-out restaurants, drive-in facilities, outdoor sales establishments, pet shops, public garages, theaters, commercial recreation, hotels and motels, used car sales lots, nail salons, wedding chapels, health club/aerobics studio, dance studios, music/art schools, private instructional facilities, arcades, day care facilities, social/service clubs, churches,museums, marine related museums, federal post offices and other uses which, in the opinion of the Planning Commission are of a similar nature. 2. Office uses that do not provide direct services to the public and which are not ancillary to another permitted use. However, this type of office use shall not be permitted to occupy any first floor space in any structure. C. SETBACK REQUIREMENTS. 1. A 12 foot wide setback along the northerly side of Coast Highway shall be maintained for potential future highway widening to an ultimate width of 112 feet. 2. A minimum of fifty percent(50%) of any lot frontage abutting Coast Highway shall provide a building setback of not less than 10 feet from the above 12 foot setback line while the remaining fifty percent (509o) of the lot frontage shall provide a setback not less than 5 feet from the above 12 foot setback. Within this setback area, no structure or other intrusions shall be permitted except for landscaping, decks, paving, architectural features and signs. 3. In any case where a lot abuts upon the side or rear yard of a lot in a residential district, a minimum setback of 5 feet shall be provided from said residential district. Within this setback area, no structure or other intrusions shall be permitted except for landscaping,decks,paving,architectural features and signs. D. HEIGHT LIMIT. The maximum height limit for all buildings and other structures on a building site shall be 26 feet. However, this height limit may be exceeded, up to a Page 153 SPECIFIC PLAN • (MARINERS' MILE) Chapter 20.62 maximum of 35 feet,with a use permit providing that the Planning Commission, in granting such use permit, finds that all the following criteria are met: 1. The increased'building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and on the treatment of all setback and open areas. 2. 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, within a general theme of the marine environment. 3. 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. • 4. The increased height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030. E. DEDICATION. No dedication of right-of-way along the north side of Coast Highway shall be required pursuant to Chapter 13.05, or as a condition to any parcel map or use permit, for any project that strictly complies with the setback requirements in subsection 20.62.050(C) unless all of the following conditions have been satisfied: 1. The proposed project contributes to the need to widen Pacific Coast Highway to Master Plan standards; and 2. The project would generate more than 300 average daily trips; and 3. The proposed project exceeds 25,000 square feet of additional gross floor area (assumes a base FAR use - minimum and maximum FAR uses shall be adjusted accordingly). No additional dedication shall be required for any parcel which, as of the effective date of this Ordinance, has dedicated all or a portion of the setback, or any interest therein, to the City for road widening purposes. Nothing in this subsection shall affect the duty of a property owner to dedicate land and/or construct circulation system improvements pursuant to the provisions of the Traffic Phasing Ordinance (Chapter 15.40 of the Newport Beach Municipal Code), or to pay fees required by the Fair Share Traffic Contribution Ordinance (Chapter 15.38 of the Municipal Code). (Ord. 95-31, September 27, 1995; Ord. 93-24, December 22, 1993; Ord. 91-25, July 25, 1991; Ord. 90-31, August 8, 1990; Ord. 90-3, March 28, 1990; Ord. 1718 § 1 (part), 1977: Ord. 1753 § 26, 1977). Page 154 SPECIFIC PLAN MARINERS MILE) Chapter 20.62 20.62.060 SITE PLAN REVIEW. A. GENERALLY, The City Council finds, determines and declares that the establishment of the Site Plan Review procedures contained in this section are necessary to preserve and promote the health, safety, and general welfare of the community by achieving the following purposes. 1. To assure that development of properties in Specific Area Plan areas will not preclude attainment of the General Plan and Specific Area Plan objectives and policies. 2. To protect and preserve the value of properties and to encourage high quality development thereof in Mariners' Mile where adverse effects could result from inadequate and poorly planned landscaping and from failure to preserve where feasible natural landscape features, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. 3. To ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within Specific Area Plan area shall be protected by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. 4. To promote the maintenance of superior site location characteristics adjoining Coast Highway, a thoroughfare of city wide importance; to ensure that the community benefits from the natural terrain, harbor and ocean; and to preserve and stabilize the grounds adjoining said thoroughfare, and to preserve and protect the property values in said areas. B. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a building permit in accordance with the provisions of Section 20.01.070, except that this approval shall only be required for any new building to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area by fifty percent (50%) or 2,500 square feet whichever is less. (Ord. 90.3, March 28, 1990), 20.62.070 DEFINITIONS. For the purpose of this chapter, certain terms used herein shall have meanings assigned to them by this subsection. All definitions described in Section 20.87 of the Municipal Code shall prevail except where there is a conflict with this Specific Plan District shall take precedence. A. COMMERCIAL RECREATION. A commercial use designed primarily for activities, in or out of doors, which are generally associated with leisure time activities, examples include: tennis courts, racquetball, swimming clubs, and other uses of a similar nature. Page 154-1 SPECIFIC PLAN (MARINERS MILE) 0 Chapter 20.62 B. PERSONAL/PROFESSIONAL SERVICES. An office or store,providing services directly to the general public, including, but not limited to, architects, attorneys, brokers, barbers, photographers and artists. C. GRADE. For the purpose of measuring height, the grade shall be natural grade,•or nine feet above mean low water level (6.27 feet above mean sea level),whichever is higher. (Ord. 90-3; March 28, 1990). Page 157 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 Chapter 20.63 SPECIFIC PLAN DISTRICT (CANNERY VILLAGE/MCFADDEN SQUARE) Sections: 20.63.010 Establishment of Specific Plan District 20.63.015 Purpose and Intent 20.63.020 General Controls 20.63.025 Design Guidelines 20.63.030 Specialty Retail District 20.63.035 Recreational and Marine Commercial 20.63.040 Retail and Service Commercial • 20.63.045 Commercial District Development Standards 20.63.050 Residential Districts: R-1; R-2; and MFR 20.63.055 Residential District Development Standards 20.63.060 Public Improvement Component 20.63.010 ESTABLISHMENT OF SPECIFIC PLAN DISTRICT- CANNERY VILLAGE/MCFADDEN SQUARE. The provisions of this Specific Area Plan shall apply to all parcels within the boundaries of the Cannery Village/McFadden Square Specific Area Plan area, as shown on the Land Use Plan Map incorporated herein, and as shown on Districting Maps No. 3, 8, and 9, as referred to in Section 20.01.050 of the Newport Beach Municipal Code. (Ord. 86-7, May 28, 1986) 20.63.015 PURPOSE AND INTENT. The purpose of this Specific Area Plan is to establish policies to guide the orderly development and improvement of the Cannery Village/McFadden Square Area. Development Standards are included in this Specific Plan to set minimum standards for public and private improvements. It is the intent of this Specific Area Plan to ensure consistency between the stated goals and policies of the Land Use Element of the General Plan and the Local Coastal Program,Land Use Plan. This will be achieved through the equitable application of the provisions of this plan. I� Page 158 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 The Land Use Plan Map, as incorporated herein, and the accompanying design guidelines and development standards provide for the orderly development of property within the Cannery Village/McFadden Square area, consistent with the stated goals, policies and objectives of the City's General Plan and Local Coastal Program,sand Use Plan. All of the waterfront area within the Cannery Village and the McFadden Square Bayfront is designated for"Recreation and Marine Commercial"uses. It is the intent of this designation to encourage a continuation of marine-oriented uses, maintain the marine theme and character of the area, and encourage public physical and visual access to the bay. The marine-oriented and coastal-dependent uses on the bayfront are encouraged by establishing a system of incentives to property owners to maintain these uses. The Cannery Village area is intended to serve as an active pedestrian-oriented specialty retail area with a wide range of visitor-serving, neighborhood commercial, and ma- rine-related uses permitted. The focus of the area is the establishment of a Specialty Retail district in the area bounded by 32nd Street,Villa Way,29th Street, and Newport Boulevard. This Specialty Retail (SR) District is intended to be served by a central public parking facility on 30th Street. Residential uses are permitted on the second floor or above so long as a permitted use is established on the ground floor. Surrounding this retail core area is the Retail and Service Commercial (RSC) District. This area is intended to provide for retail sales, personal and professional uses that offer direct services to the public, and marine-related light industrial uses. All of the uses permitted within the Specialty Retail and Recreational and Marine Commercial districts are permitted within this designation This designation will provide a wide range of uses and services accommodating both residents and visitors,the boating industry, and will also provide continuity between districts and increase the potential for "shared sales" from pedestrians. The McFadden Square area is designated for "Retail. and Service Commercial" uses. This will provide for a broad range of coastal-related and visitor-serving commercial uses, and when the recommended public improvements are implemented, encourage higher quality uses which will serve to upgrade the area. All property designated for residential use shall be preserved as such. (Ord. 86-7, May 28, 1986) 20.63.020 GENERAL CONTROLS. A. APPLICABILITY. The provisions of this section shall apply to all property in the Cannery Village/McFadden Square Specific Plan District. 1. CONSTRUCTION OF BUILDINGS REGULATED. No building,structure, or sign shall be erected, reconstructed or structurally altered in any manner Page 159 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 nor shall any building or land be used for any purpose, other than as permitted by, and in conformance with this Plan and all other ordinances, laws and maps referred to herein. Where other sections of the Municipal Code conflict with any provision of this Plan, the provisions of this Specific Plan shall take precedence. 2. NONCONFORMING USES AND STRUCTURES. Nonconforminguses and structures shall be governed by the provisions of Chapter 20.83. B. LAND USE DESIGNATIONS. The following land use designations are established: 1. Specialty Retail, SR District. 2. Recreational and Marine Commercial, RMC District. 3. Retail and Service Commercial, RSC District. • 4. Residential Districts: R-1, R=2, MFR Districts. The designations, locations and boundaries of these uses are delineated upon the map entitled "Cannery Village/McFadden Square Specific Plan District, Land Use Plan Map", which map and all information and notations thereon are made a part of this section by reference. (Ord. 90-24, June 28, 1990; Ord. 86-7, May 28, 1986) 20.63.025 DESIGN AND DEVELOPMENT GUIDELINES. These design and development guidelines are intended to provide criteria for all new development, and to assist the City staff and Planning Commission in approving a Site Plan Review or Use Permit for developments on the water. The objectives of the design guidelines are to improve the image of the Specific Plan area and to establish a clear identity for the two key destination areas--Cannery Village and McFadden Square. A. Cannery Village Theme. A cannery theme is recommended for the Cannery Village area. The cannery theme is reminiscent of the previous use of the area, and can provide a continuity throughout the area while preserving the variety and individuality of uses that give the area its charm. The cannery theme should be expanded to include other nautical and marine elements as appropriate. Elements of a cannery theme that may be applied to structures include: Use of corrugated metal shed-type buildings or siding where appropriate,with . a higher level of finish than would normally be associated with such structures. Page 160 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 ° Attractive expression of mechanical equipment and systems by incorporation into the design of structures within the height limit. Use of nautical devices in signs, architectural details and decoration, such as heavy rope, pilings, timbers, brass fixtures, etc. B. McFadden Square Theme. The McFadden Square area has an entirely different feel than the Cannery Village area. Here, historic 2-story architecture predominates. This historic theme should be encouraged and enhanced by recreating the image of a turn-of-the-century resort center following the lead of the Doryman's Inn. Elements of "turn-of-the-century" architecture include.- Use of materials reflecting and image of permanence, stability and strength, and quality. Materials such as ceramic tile, stone, brick and brass fit this image. ° Use of architectural styles and details reminiscent of the turn of the century era in which the area was constructed. Structures in this style in general have a strong architectural emphasis on both vertical and horizontal structural members, a regular rhythm of vertical windows, and a restrained use of ornament. (Ord. 86-7, May 28, 1986) 20.63.030 SPECIALTY RETAIL, SR DISTRICT. It is the intent of this section to establish a strong specialty retail core for the Canneryy Village area by encouraging mutually supportive businesses, establishing a continuity of shopping and pedestrian orientation, and to provide a high level of pedestrian interest, comfort and amenity. A. Permitted Uses. The following uses are permitted in the SR district: 1. Retail sales generally oriented to the casual pedestrian shopper such as antiques, art galleries, art studios,books, clothing, crafts,hobbies,jewelry, stationary, specialty food uses in accordance with Section 20.72.015,interior decorating studios,handicraft establishments and similar establishments. 2. Personal service establishments such as barber shops, beauty parlors, nail salons, shoe repair, tailor shops, and similar establishments. 3. Professional and business offices providing direct services to the public, such as accountants, architects, attorneys, and realtors. Page 161 SPECIFIC PLAN • (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 4. Professional and business offices not providing direct services to the public or not ancillary to an otherwise permitted use, such as corporate offices shall be permitted on the second floor only. 5. Residential uses on the second floor or above, where the ground floor is occupied by a permitted use. B. USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: Restaurants: outdoor, take-out, and drive-in facilities; bakeries; social clubs; hotels, motels, "bed and breakfasts", music/art schools, private instructional facilities, nail salons, wedding chapels, museums, marine related museums, pet shops, animal hospitals and animal grooming facilities. C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07, Floor Area Ratios and Building Bulk. (Ord. 95-31, September 27, 1995; Ord. 93-20, Sept. 22, 1993; Ord. 91-25, July 25, 1991; Ord. 90-40, Dec. 13, 1990; Ord 90-31, August 8, 1990; Ord. • 89-35, Dec. 27, 1989; Ord. 89-19, Sept.13, 1989; Ord. 86-7, May 28, 1986) 20.63.035 RECREATIONAL AND MARINE COMMERCIAL, RMC DISTRICT. It is the intent of this designation to establish a priority system to guide development on building sites on the bay by encouraging a continuation of marine oriented uses,maintaining the marine theme and character of the area, and encourage public physical and visual access to the bay. A. SITE PLAN REVIEW REQUIRED. Unless otherwise specified herein, all development in the Recreational and Marine Commercial District shall be subject to Site Plan Review as set forth in Section 20.01.070 of the Municipal Code. B. PERMITTED USES. 1. Incentive Uses: Highest priority uses such as marinas, yacht brokers, boat charters and rentals,marine construction,boat sales,boat repair and servicing, sports fishing establishments, dry-boat storage, boat launching, commercial fishing facilities, and retail marine sales, that when they occupy at least forty percent (40%) of a site, as defined herein, may be combined with uses under C.3. 2. Non-incentive Permitted Uses: Marine related offices where services are . offered to the general public, such as marine surveyors and marine insurance brokers; retail uses; residential uses on the second floor or above, where the ground floor is occupied by a permitted use and specialty food uses in accordance with Section 20.72.015. Page 162 SPECIFIC PLAN (CANNERY VII LAGE/ MCFADDEN SQUARE) Chapter 20.63 C. USES WHICH REQUIRE A USE PERMIT. 1. Incentive Uses: Highest priority uses such as marine related manufacturing, new boat construction,yacht clubs, marine service stations, gas docks, marine related private instructional facilities,federal post offices, and marine related museums that when they occupy at least 40% of a site, as defined herein, may be combined with uses under C.3, 2. Non-incentive uses such as social clubs,service clubs,wedding chapels,federal post offices, commercial recreation, hotels, motels, and 'bed and breakfasts', restaurants (outdoor, drive-in and take-out), and bakeries. 3. Uses which must be in conjunction with an Incentive Use occupying at least 409o' of the site such as personal service commercial uses, professional and business offices, financial institutions and light manufacturing (unless for marine products) art studios, dance studios, interior decorating studios, music/art schools,photographic studios,private instructional facilities (unless marine related), arcades, nail salons, commercial recreational facilities, cleaners and laundries, copy service, handicraft establishments, pet shops, animal hospitals, and animal grooming facilities. D. SITE AREA. For purposes of determfnfng compliance with this Section, "site" shall be defined as the total land area within the established property lines of a parcel,including any portion under water, Forty percent (40%) of this total area shall be occupied by an incentive use as defined herein. For those permitted uses such as boat slips located between the U.S. Bulkhead Line and the U.S. Pierhead Line, any area on the site supporting the permitted uses, such as parking devoted exclusively to the boat slips, shall be included in the calculation of incentive uses to determine compliance with this Section. E. MIXED-USEDEVELOPMENTS. Where amixed-use developmentisproposedwith any combination of uses permitted in Sections B. and C. above, the area devoted to these non-incentive permitted uses shall be subtracted from the total area of the development. Forty percent (40%) of the balance of the total development shall be devoted to an incentive use as defined herein. F. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07, Floor Area Ratios and Building Bulk, (Ord. 93.20, Sept. 22, 1993; Ord. 91-25,July 25, 1991; Ord, 90-31, August 8, 1990; Ord. 89-35, Dec. 27, 1989; Ord. 89-32, Dec. 13, 1989; Ord. 89-19, Sept.13, 1989; Ord. 86-7, May 28, 1986) Page 163 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 20.63.040 RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT. It is the intent of this section to provide for retail sales, personal service, commercial, and professional uses that offer direct services to the public, and light marine industrial uses. A. USES PERMITTED. 1. Retail sales, specialty food uses in accordance with Section 20.72.015, and personal service establishments within a building including accountants, architects, banks, barber shops, nail salons, bookstores, realtors, travel agencies, art studios, interior decorating studios, photographic studios, copy service, and handicraft establishments, and those uses permitted in Section 20.63.030, Specialty Retail District and Section 20.63.035, Recreational and Marine Commercial District. 2. Residential uses on the second floor or above, where the ground floor is occupied by a permitted use. 3. Professional and business offices not providing direct services to the public or not ancillary to an otherwise permitted use, such as corporate offices shall be permitted on the second floor only: 4. Marine industrial uses or light manufacturing of marine related products. B. USES REQUIRING A USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: Restaurants: outdoor, take-out, and drive-in facilities; bakeries; hotels, motels, "bed and breakfasts", health clubs/aerobic studios, music/art schools, dance studios, private instructional facilities, arcade, commercial recreational facilities, wedding chapels, cleaners and laundries, day care facilities, laundromat, service/social club, marine industrial, marine manufacturing, churches, museums, marine related museums, federal post offices, pet shops, animal hospitals, and animal grooming facilities. C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07, Floor Area Ratios and Building Bulk. (Ord. 95-31, September 27, 1995; Ord. 93-20, Sept.22, 1993; Ord. 91-25; July 25, 1991; Ord. 90-31,August 8, 1990; Ord. 89-35, Dec. 27, 1989; Ord. 89-19, Sept.13, 1989; Ord. 86-7, May 28, 1986) Page 164 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 20.63.045 COMMERCIAL DISTRICT DEVELOPMENT STANDARDS. The following standards shall apply to all properties and developments in the SR,RMC and RSC Districts as set forth herein: A. OFF-STREET PARKING REQUIRED. Off-street parking shall be provided on the building site according to the following schedule, or with City Council approval upon recommendation of the Planning Commission, approval of an off-site parking agreement or by the payment of an in-lieu fee as provided in Section 20.63.045.C. 1. Retail stores and commercial uses: One parking space for each 250 square feet of gross floor area. 2. Office Uses: One parking space for each 250 square feet of net floor area. 3. Industrial Uses: One parking space for each 2,000 square feet of gross floor area and one loading space for each 10,000 square feet of gross floor area. 4. Restaurants: One space for each 40 square feet of net public area, Based on the following considerations, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: I. The Physical Design characteristics of the restaurant. a) The portion of net public area designated for dining, cocktails, or dancing. b) The number of tables or seats, and their arrangement. c) Other areas that should logically be excluded from the determination of net public area. d) The parking lot design, including the use of small car spaces, tandem, and valet parking. e) Availability of guest dock space for boats. H. The location of the restaurant. a) In relation to other uses and the waterfront. Page 165 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 b) Availability of off-site parking nearby. c) Amount of walk-in trade. d) Parking problems in the area at times of peak demand. III. The operational characteristics of the restaurant. a) Beer, wine, or full service bar. b) The use of live entertainment. c) The hours of operation. If during the review of the Use Permit, the Planning Commission uses any of the preceding considerations as a basis for raising or lowering a restaurant's parking requirement, the substance of such considerations shall become conditions of the 19 Use Permit and a change to any of these conditions will require an amendment to the Use Permit. When an amendment to the Use Permit is required, the Planning Commission may increase or decrease parking requirements within the ranges noted above. 5. Hotels and Motels: One parking space for each guest unit. The Planning Commission may, based upon the operational characteristics of a hotel or motel, require additional off-street parking for ancillary uses such as restaurants, meeting rooms, retail uses, and other commercial uses as provided in this section. 6. Public Assembly: One parking space for each three seats or occupants where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main assembly hall where seating is not fixed; where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. 7. Residential Units: A minimum of two on-site parking spaces shall be provided for each residential unit in the SR or RSC Districts. At least one on-site covered parking space and at least one independently accessible parking space, shall be provided for each residential unit. 8. Nail Salons: -One parking space for each 80 square feet of gross floor area. (Ord. 95-31, September 27, 1995; Ord. 88-17, July 13, 1988). Page 166 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 B. OFF-STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the commercial or industrial building site or sites unless: 1. Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. 3. Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). 4. The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. 5. The provision of this subsection shall not apply to residential uses. C. COMMERCIAL IN-LIEU PARKING FEES. The Planning Commission or City Council upon review or appeal, may approve a use permit for a retail, commercial, or industrial use with all or a portion of its required off-street parking in a municipal parking facility. The fee for each parking space shall be established by resolution of the City Council. Said municipal parking facility shall have adequate capacity to serve the new use, and must be located within reasonable proximity to the commercial business as to be useful to said business. The provisions of this subsection shall not apply to residential uses. D. RESIDENTIAL USES IN NON-RESIDENTIAL,DISTRICTS. In areas designated for commercial or retail uses and subject to a variable floor area ratio, residential uses are permitted on the second floor or above only. No residential uses shall be permitted in the commercial area subject to a fixed floor area ratio, specifically the shopping center located immediately southwesterly of the intersection of Newport Boulevard and 32nd Street on Page 167 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 Parcels 1, 2, and 3 of Record of Survey 35-25 filed with the Orange County Recorder. The following standards apply to second floor residential units above commercial or retail uses: 1. A minimum of 2,375 square feet of land area is required for each dwelling unit. 2. The total gross floor area and building bulk in all structures on any site shall be specified in Chapter 20.07. 3. The commercial or retail portion shall be limited to a floor area ratio between 0.25 and 0.50. 4. The residential portion of the structure shall be limited to a maximum floor area ratio of .75. 5. Parking for the residential use shall be provided on-site with no exceptions. E. BULKHEAD. All bulkheads shall be constructed to an elevation of nine feet above mean low water (6.27 feet above mean sea level). F. FLOOR ELEVATION. Finished floor elevation for all new structures or addition to existing structures other than floor area used for parking, shall be nine feet above mean low water level (6.27 feet above mean sea level). G. HEIGHT LIMIT. The height limit for all buildings and other structures on a building site within the SR, RMC and RSC districts shall be 26 feet. For structures constructed with the ground floor at or above nine feet above mean low water (6.27 feet above mean sea level), the height limit shall be the greater of 26 feet above the high water line or 26 feet above the site elevation. This height limit may be exceeded, up to a maximum height of 35 feet, with a use permit, provided that the Planning Commission, in granting such use permit, finds that all the following criteria are met: 1. The development will provide for both public physical and visual access to the bay within the limits that public safety is ensured and private property protect- ed. 2. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. Page 168 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 3. 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 within the general theme of a marine environment. 4. 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. 5. The increase in height shall not result in floor area exceeding the floor area otherwise permitted. The maximum height in all districts shall be measured in accordance with the definitions contained in Section 20.87.205 of the Municipal Code. H. SETBACK REQUIREMENTS. 1. A front setback area of five feet shall be required for all commercial development on the following streets: a) Newport Boulevard (excluding those through lots on the Newport Boulevard "islands"). b) 32nd Street c) 31st Street d) 30th Street e) 29th Street f) Lafayette Avenue g) 23rd Street h) 22nd Street i) 21st Street j) 20th Street Page 169 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 2. Those through lots on the Newport Boulevard "islands" shall maintain a front setback of 2.5 feet on each frontage. 3. For commercial properties on West Ocean Front, no front setback shall be required. 4. No side yard setback area shall be required on properties in non-residential districts except as may be required by the Planning Commission in approving a site plan review or in granting a use permit, or as necessary to meet public access requirements. 5. Rear yard setback areas abutting an alley shall have a minimum width of ten feet. 6. A minimum setback area of ten feet shall be maintained from the bulkhead line. 7. A rear yard setback area of ten feet shall be required on the second floor for residential uses in a mixed use development. I. SIGNS. The following standards shall apply to all signs within the Cannery Village/McFadden Square Specific Area Plan area: 1. Number. A maximum of three wall signs shall be permitted per building, however, a multi-tenant building may have one wall sign per business plus one twenty-five (25) square foot,building directory wall sign listing tenants. 2. Area. The area of a wall sign or wall signs on any frontage of a building shall not exceed two hundred(200) square feet nor forty percent (404yo) of the exposed finished wall surface area, including openings. 3. Ground Signs. Ground signs or monument signs shall not exceed three feet in height and three feet in width and are permitted within the required front yard setback area. Ground and monument signs are limited to two faces and may be illuminated. 4. Pole Signs. Pole signs shall not be permitted except on building sites with over 100 feet of frontage. . 5. Roof Signs. Roof signs shall not be permitted. Page 170 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 6. Temporary Signs. a) Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty-four (24) square feet in area, or six (6) feet in height. b) Duration. Temporary signs may remain in place for a period not exceeding sixty (60) days per calendar year. c) Number. One (1) per building or building site. 7. Exceptions. a) The Planning Commission shall have the authority to issue Exception Permits from any of the provisions of this Section. b) In order to grant an Exception Permit, the Commission must find that granting such permit is necessary to protect a substantial property right, will not be contrary to the purpose of the Chapter as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or the general welfare of the City. c) APPEAL. In case the applicant or any other person is not satisfied with the action of the Planning Commission,he may within twenty-one (21) days appeal in writing to the City Council. J. LANDSCAPING. A minimum of five percent (59o) of any exterior paved parking area and a minimum of fifty percent (509o') of the area of the required front yard setback shall be devoted to planting areas. K PUMP-OUT FACILITIES REQUIRED. On waterfront sites where the proposed use includes public marinas, yacht clubs, boat charters or rentals, sports fishing establish- ments, commercial fishing facilities, marine service stations, gas docks, boat launching facilities, or other similar uses, either public or private,boat holding tank pump-out facilities shall be provided in each case, unless otherwise approved by the Planning Commission or City Council on review or appeal of a Site Plan Review or Use Permit. Said pump-out facil- ities shall have adequate capacity to accommodate all vessels anticipated at each site. Prior to the issuance of building permits, the Marine Director shall approve all plans and specifications of pump-out facilities. Page 171 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 L. PUBLIC ACCESS TO BAY FRONT. In approving a Site Plan Review or granting a Use Permit for development on a building site with frontage along the bay, the Planning Commission or City Council, upon review or appeal, shall require the dedication of vertical and lateral public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. The following standards shall be applied to all lateral and vertical public access easements: 1. Public access easements shall be a minimum of six (6) feet in width. 2. Public access easements may be provided within required setback areas. 3. All dedicated public access easements shall be recorded with the Orange County Recorders Office in a manner satisfactory to the Public Works Department. (Ord. 90-24,June 28, 1990;Ord. 89-19, Sept.13, 1989; Ord. 86-7, May 28, 1986) • 20.63.050 RESIDENTIAL DISTRICTS, R-1, R-2, and MFR. The intent of this section is to preserve the existing residential districts within the Cannery Village/McFadden Square Specific Area Plan Area, and to maintain the development standards that have guided the orderly development of these districts. A. USES PERMITTED. 1. R-1 District. One (1) single-family dwelling on a lot. 2. R-2 District. a) One (1) single-family dwelling on a lot. b) Two (2) detached single-family dwellings or one (1) duplex on a lot. 3. MFR District. a) Single-family dwellings and duplexes. b) Multiple unit dwellings. Page 172 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 B. USES REQUIRING USE PERMIT. All Residential Districts: a) Parking lots, b) Outdoor lighting. 20.63.055 RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS. A. R-1 DISTRICT Development in the SP-6 (R-1) District shall meet the development standards specified in Chapter 20.13 of this Title, except that: 1. A front setback area of five feet shall be required. 2. A minimum five foot rear yard setback area from the alley shall be main- tained. B. R-2 DISTRICT Development in the SP-6 (R-2) District shall meet the development standards specified in Chapter 20.15 of this Title, except that: 1. A front yard setback area of five feet shall be required, and 2. A minimum five foot rear yard setback area from the alley shall be main- tained. C. MFR DISTRICT Development in the SP-6 (MFR) District shall meet the development standards specified in Chapter 20.19 of this Title, except that: 1. A front yard setback area of five feet shall be required. 2. A minimum five foot rear yard setback area from the alley shall be main- tained. (Ord. 90-24, June 28, 1990) I Page 173 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 20.63.060 PUBLIC IMPROVEMENT COMPONENT. The following are the public and private improvement projects for the Cannery Village and McFadden Square areas. Projects are listed by priority, with a general description of each project and proposed funding sources. The City's ability to fund its share of each project, where applicable, is based upon the allocation of limited financial resources throughout the City. Each year during the preparation of the City's annual budget, the City Council will determine which projects or portion thereof are to be funded by the City, their costs, and specific schedule for implementation. For those projects using gas taxes or other sources of revenue for a portion of the funding, the specific projects to be funded must also be determined annually, based upon the availability of funds and demand from other projects throughout the City. Certain projects are to be funded in whole or in part, through the formation of Assessment Districts. Prior to implementing any project for which an Assessment District must be formed to secure funding, all benefitting property owners shall be provided with all pertinent details of the project including a total cost and the individual assessment for each property owner. All benefitting property owners will vote on the project, the formation of the Assessment District, and the individual dollar amount of the assessment. A majority of the benefitting property owners must approve the entire program prior to implementation, as set forth in state law. A. PRIORITY I: IMMEDIATE IMPLEMENTATION 1. CANNERY VILLAGE PARKING FACILITY. This project includes the acquisition of land and construction of a parking facility to serve approximately 165 cars in the core of the Cannery Village area. It is proposed that approximately 66% of the funds for this project will come from the General Fund; 10%from the Off Street Parking Fund; and 24%from an Assessment District. 2. INSTALLATION OF CURBS, GUTTERS, AND SIDEWALKS IN CANNERY VILLAGE. Approximately 1,200 feet of basic curb, gutter and sidewalk construction is needed where it was never provided in the Cannery Village area. Improvements are needed on various sections of Villa Way, 31st Street, 30th Street, 29th Street and 28th Street. Because this project will provide these facilities where none exist, the entire cost will be paid through an Assessment District comprised of the benefitting property owners. Page 174 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 40 3. RESTROOM RELOCATION - MCFADDEN SQUARE. This project includes demolition of the existing restrooms at the base of the Newport Pier and construction in a new location which does not block the view to the pier or create an unattractive view from McFadden Square plaza. This project will be funded by the City's Restroom Replacement Program. 4. PARKING MANAGEMENT PLAN. A Parking Management Plan shall be developed that at a minimum includes significant increases in lieu fees and long-term parking fees during peak use periods; increased fines for parking violations; and aggressive towing of illegally parked vehicles. There may be an initial cost associated with development of this parking management plan which shall be borne by the City. However, this parking management plan will ultimately result in a revenue source for the City. B. PRIORITY II: IMPLEMENTATION WITHIN TWO YEARS 1. CANNERY VILLAGE STREETSCAPE. Streetscape improvements include installation of street trees in the public right-of-way or easements on private property,special paving treatment at pedestrian crossings, planters at key pedestrian crossings, installation of benches, litter receptacles and other pedestrian improvements. The level of improvements on each street segment depends on the available right-of-way for improvements and level of improvements proposed. Funding for this project will come entirely from an Assessment District formed for this purpose. 2. NEWPORT BOULEVARD/BALBOA BOULEVARD REALIGNMENT. This project includes the elimination of the "mixmaster"intersection by development of a single intersection of Balboa Boulevard and Newport Boulevard at approximately 26th Street. Intersection improvements include basic realignment, relocation of traffic signals, streetscape improvements including special paving at pedestrian crossings, planters and other landscaping and street light relocation or installation. This project shall be implemented within the existing city-owned right-of-way only. It is proposed that approximately 66%of the funds for this project will come from the General Fund; 259o' form Gas Tax funds; and 9% from the formation of an Assessment District. Page 175 SPECIFIC PLAN • (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 3. MCFADDEN SQUARE PLAZA. This project involves the development of an attractive pedestrian activity plaza as a visual and functional focus for McFadden Square. The plaza would provide a visual landmark for the square and would be a center of pedestrian activities. The plaza could be heavily landscaped and decorated with flags and banners, lights, etc. Funding for this project will come entirely from an Assessment District formed for this purpose. 4. MCFADDEN SQUARE PROMENADE. This project is a companion to the McFadden Square Plaza project and will help carry the high quality pedestrian image along McFadden Place and Balboa Boulevard to 23rd Street. Funding for this project will come entirely from an Assessment District formed for this purpose. • 5. MCFADDEN SQUARE STREETSCAPES. Streetscape improvements are recommended for 22nd Street and 23rd Street to improve the pedestrian environment and tie these streets into the overall image of the McFadden Square area. Because of the narrow parkway on these streets, landscaping and street trees could be installed on existing private property where sites are available. Funding for this project will come entirely from an Assessment District formed for this purpose. 6. RESTRIPE NEWPORT BOULEVARD BETWEEN 30th STREET AND 32nd STREET. The City's Master Plan of Streets and Highways calls for the ultimate widening of Newport Boulevard between 32nd Street and Coast Highway (Phase I) and between 30th Street and 32nd Street (Phase 1I). Construction on Phase I is anticipated to commence in 1988-89 with completion in two years. Phase II is scheduled for implementation at some time after the completion of Phase I. (See Item D-1). The restriping of Newport Boulevard between 30th Street and 32nd Street is suggested as either an interim program prior to the widening of this segment of Newport Boulevard, or as an alternative to the widening project. This project involves the restriping of Newport Boulevard outbound between 30th Street and 32nd Street to provide a third outbound travel lane during peak periods. This would require the restriping of the roadway to provide three lanes, one of which would be a parking/bike lane except during peak summer hours when parking would be restricted. It may be necessary to acquire sufficient land at the southeast corner of Page 176 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 10 Newport Boulevard and 32nd Street to provide a flare in order to have the proper alignment of the lanes on either side of 32nd Street. Implementation of this plan would result in the permanent loss of some on-street parking and the temporary loss of others during peak periods. Funding for this project should come entirely from the City's General Fund. 7. RESTRIPE NEWPORT BOULEVARD BETWEEN 26th STREET AND 30th STREET. This project also involves the restriping of Newport Boulevard outbound to provide three travel lanes, one of which would be a combination parking/bike lane, except during peak summer periods when parking would be restricted. Implementation of this project should be concurrent with either the restriping of Newport Boulevard between 30th and 32nd Street or the widening of that section of the roadway. Funding for this project should come entirely from the City's General Fund. 8. RESTRIPE NEWPORT BOULEVARD BETWEEN 19th STREET AND 26th STREET. Should the realignment of the Newport Boulevard/Balboa Boulevard intersection be determined to be infeasible, it is possible to restripe this section of outbound Newport Boulevard to provide a third travel lane which would also be a parking/bike lane except during peak summer hours when parking would be restricted. Implementation of this project would result in the permanent loss of some on-street metered parking spaces and the temporary loss during peak hours of other spaces. This project shall be implemented within the existing city-owned right of way only. The funds for this project would be divided equally between the General Fund and Gas Tax funds. C. PRIORITY III: IMPLEMENTATION BETWEEN TWO AND FIVE YEARS. 1. UNDERGROUND UTILITIES IN CANNERY VILLAGE. Undergrounding of all existing overhead utilities including electric power, telephone and cable television are recommended to improve the visual quality of the streetscape and to eliminate the need to prune street trees away from power lines. Undergrounding includes provision of underground utilities to the property line, where a connection would be made to existing service above ground. Funding for this project will come from an Assessment District, formed for this purpose. Page 177 SPECIFIC PLAN (CANNERY VILLAGE/\ MCFADDEN SQUARE) Chapter 20.63 2. REPAIR EXISTING DETERIORATED CURBS, GUTTERS, STREETS, AND SIDEWALKS IN CANNERY VILLAGE. This project involves the repair of the existing curbs, gutters, streets and sidewalks in the Cannery Village area. This project will be funded entirely by the City's General Fund as a part of its on-going street maintenance and repair program. 3. RECONSTRUCT SEWERS IN CANNERY VILLAGE. This project involves the repair of portions of the existing sewer system in Cannery Village in conjunction with the repair of the streets in that area. This project will be funded entirely by the City's General Fund. D. PRIORITY IV: IMPLEMENTATION WITHIN FIVE TO TEN YEARS. 1. WIDEN NEWPORT BOULEVARD BETWEEN 30th STREET AND 32nd STREET. This is Phase H of the proposed widening of Newport Boulevard between 30th Street and Coast Highway. This project requires the acquisition of land and reconstruction of buildings along the easterly side of outbound Newport Boulevard to create a third travel lane. Implementation of this project can not occur until after Newport Boulevard is widened between 32nd Street and Coast Highway. It is proposed that approximately 34010 of the funding for this project will come from the City's General Fund; 33010 from Gas Tax revenues; and 33% from A.H.F.P. funds. 2. WIDEN VILLA WAY. The widening of Villa Way includes the acquisition of one additional parcel along the west side of Villa Way from 32nd Street to 29th Street to provide a 60 foot right-of-way. The street itself would be widened to provide two travel lanes with parking on each side. Parkway landscaping would be installed to provide a pleasant pedestrian environment. Plantings,street furniture, and special paving treatment at pedestrian crossings would be included in the project. Funding for this project will come from an Assessment District formed for this project. Page 178 SPECIFIC PLAN (CANNERY VILLAGE/ MCFADDEN SQUARE) Chapter 20.63 3. MCFADDEN SQUARE PARKING FACILITY. This project involves the acquisition of land and the construction of a parking facility approximately 250 cars in McFadden Square. It is proposed that to serve a . pp y General approximately 25% of the funds for this project will come from the Crtys Gen Fund; 8% from the City's Off-Street Parking Fund; and 66% from an Assessment District formed for this purpose. (Ord. 86-7, May 28, 1986) in sumt ow O S''� • 28tn Street q76tn Street OOHO •'t � - . \ \ ,yap" �!"tt• ®�� SPECIALTY r•�;,! � RETAIL #4fil RECREATIONAL & 6 0 a MARINE COMMERTIAL RETAIL & SERVICE COMMERCIAL .R-2 goo �,- •� --a o� R-3 000 a► io'yOwoiti. �� 000, R-4 O� ��oogp oo 0 CANNERY VILLAGE/.MCFADDEN SQUARE SPECIFIC AREA PLAN LAND USE MAP d m IT k5S r Y1 ;� —� 1BM ]l o N ff' rd eta t �\�; ♦, n ,� .�� ` ♦ XW-� 44 U b N u ♦♦♦ =I I a a04 - �♦ g,TN 5rgoo �► \ 00 t 5 o� ,♦♦ Dgu u`Yxocti III a N W ♦ o +n - J � 1 01 W 1 ♦.� �JJ�, �� III1�I�1 a a Planning Department7- Advance Division Printed January 1991 CANNERY VILLAGE / McFADDEN SQUARE SPECIFIC AREA PLAN ZONING DESIGNATIONS Page 180 SPECIFIC PLAN • (CENTRAL BALBOA) Chapter 20.65 Chapter 20.65 SPECIFIC PLAN DISTRICT (CENTRAL BALBOA) Sections: 20.65.010 Establishment of Specific Plan District 20.65.015 Purpose and Intent 20.65.020 General Controls 20.65.025 Design and Development Guidelines 20.65.030 Retail and Service Commercial , SP-8 (RSC) District 20.65.035 Commercial District Development Standards 20.65.040 Residential Districts: SP-8 (R-2), SP-8 (M[FR), and SP-8 (RP) Districts 20.65.045 Residential District Development Standards 20,65.050 Governmental,Educational and Institutional Facilities,SP-8 (GEIF) District 20.65.055 Governmental, Educational and Institutional District Development Standards 20.65.060 Open Space, SP-8 (OS) District 20.65.065 Open Space District Development Standards 20.65.070 General Regulations 20.65.080 Reconstruction of Nonconforming Structures 20.65.090 Public Improvement Component 20.65.010 ESTABLISHMENT OF SPECIFIC PLAN DISTRICT-CENTRAL BALBOA. The provisions of this Specific Area Plan shall apply to all parcels within the boundaries of the Central Balboa Specific Area Plan area, as shown on the Land Use Plan Map incorporated herein, and as shown on Districting Map No. 11, as referred to in Section 20.01.050 of the Newport Beach Municipal Code (Ord. 94-44, October 12, 1994). 20.65.015 PURPOSE AND INTENT. The purpose of this Specific Area Plan is to establish policies to guide the orderly development and improvement of the Central Balboa Area. Development Standards are included in this Specific Plan to set minimum standards for public and private improvements. A. The specific goals of this Specific Area Plan are as follows: Page 180-1 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 1. To consolidate, preserve, and enhance the traditional central business district character of the area. 2. To create visual interest and a pedestrian scale along street-facing facades and a harmonious relationship between buildings. 3. To preserve the historic character of the area and maintain compatibility with the scale and mass of existing structures,while allowing opportunities for architectural diversity. 4. To provide a year-round, active commercial and recreational area serving the needs of the permanent residents and visitors of the Balboa Peninsula. 5. To provide public improvements designed to enhance the visual quality of the area, encourage safe pedestrian movement and bicycle transportation, and to facilitate the flow of vehicular traffic. 6. To locate and develop new public parking areas, while minimizing encroachment into existing open space and recreational areas. 7. To use architectural design and public improvements to define the commercial district and establish a clear line of demarcation with residential areas. B. It is the intent of this Specific Area Plan to ensure consistency between the stated goals and policies of the Land Use Element of the General Plan and the Local Coastal Program,Land Use Plan. This will be achieved through the equitable application of the provisions of this plan. It is also the intent of the City to provide for enhancements to the commercial district as articulated in the above goal statements, while recognizing the long-term interest of the surrounding residents in terms of traffic and circulation issues in the area. This may require the City to further study and implement additional traffic mitigation measures in the future. C. The Land Use Plan Map, as incorporated herein, and the accompanying design guidelines and development standards provide for the orderly development of property within the Central Balboa area, consistent with the stated goals, policies and objectives of the City's General Plan and Local Coastal Program, Land Use Plan. This will be achieved through the equitable application of the provisions of this plan. The majority of the Central Balboa area is designated for Retail and Service Commercial land uses. This designation is intended to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. Two Family Residential, Multi-family Residential, Governmental, Educational and Institutional Facilities and Open Space designations reflect existing land uses and development. 20.65.020 GENERAL. CONTROLS. �• Page 180-2 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 A. APPLICABILITY. The provisions of this section shall apply to all property in the Central Balboa Specific Plan District, unless otherwise noted. 1. CONSTRUCTION OF BUILDINGS REGULATED. No building, structure, or sign 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 Plan and all other ordinances, laws and maps referred to herein. Where other sections of the Municipal Code conflict with any provision of this Plan, the provisions of this Specific Plan shall take precedence. 2. NONCONFORMING USES AND STRUCTURES. Nonconforming uses and structures shall be governed by the provisions of Section 20.65.080 of this Chapter and in Chapter 20.83. B. LAND USE DESIGNATIONS. The following land use designations are established: 1. Retail and Service Commercial, SP-8 (RSC) District. • 2. Two Family Residential, SP-8 (R-2) District 3. Multi-Family Residential, SP-8 (NOR) District. 4. Residential-Professional, SP-8 (RP) District. 5. Governmental, Educational and Institutional Facilities, SP-8 (GEIF) District. 6. Open Space, SP-8 (OS) District. The designations, locations and boundaries of these uses are delineated upon the map entitled "Central Balboa Specific Area Plan, Land Use Plan Map", which map and all information and notations thereon are made a part of this section by reference. (Ord. 94-44, October 12, 1994). C. LAND USE AND DEVELOPMENT REGULATIONS. Land use and development regulations shall be those of the base district with which the "SP" Specific Plan District symbol is applied, unless specifically modified by the provisions of this Chapter. In cases where the Specific Plan District regulations conflict with the base district regulations, the regulations of the Specific Plan District shall apply. D. ALTERATIVE DEVELOPMENT REGULATIONS. In order to permit flexibility in development regulations and allow opportunities for innovative and superior urban design, alternative development regulations may be proposed through the site plan review process in Page 180-3 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 accordance with the provisions of Section 20,01.070. The Planning Commission shall approve or conditionally approve the development upon the finding that: 1. The proposed site plan is consistent with the Central Balboa Specific Area Plan and other applicable policies, 2. The proposed site plan is compatible with surrounding development. 3. The proposed site plan provides the potential for superior urban design in comparison with the development under Specific Plan District regulations that would apply if the site plan were not approved. 4. The deviations from the Specific Plan District regulations that otherwise would apply are justified by compensating benefits of proposed the site plan. 5. The proposed site plan shall ensure that the public benefits derived from expendi- tures of public funds for improvement and beautification of streets and public facilities within Central Balboa Specific Area Plan area shall be protected. 20.65.025 DESIGN AND DEVELOPMENT GUIDELINES, These design and development guidelines are intended to provide criteria for all new development and the redevelopment of existing properties, and to assist the City staff and Planning Commission in reviewing applications for site plan review or use permits. A. DESIGN THEME. The objective is to preserve and enhance the traditional central business district character of the Central Balboa area, Essential to realizing this objective is the maintenance and strengthening of pedestrian orientation of the commercial district. The siting of buildings, architectural design and street and sidewalk improvements should foster pedestrian activity. Design elements that may be applied to achieve this objective include: 1. Avoiding monotonous, visually unappealing structures by providing vertical and horizontal articulation to break up building mass, 2. Designing structures to create transitions in form and scale between large buildings and adjacent smaller buildings. 3. Designing buildings to be visually connected rather than creating gaps in the streetscape system. 4. Relating the scale and character of new development, and the redevelopment of existing properties, to the pedestrian functions and spaces. Page 180-4 SPECIFIC PLAN (CENTRAL BALBOA) • Chapter 20.65 5. Wherever possible, new structures and the redevelopment of existing properties, should expand the pedestrian spaces provided by the sidewalk. Examples of this include recessed building entries or internal courtyards, patios, plazas, or malls. 6. Extending paving material to sidewalk in front of building entrances and using paving patterns to identify building entrances and to add visual interest. 7. At block corners, structures should utilize a form which creates an open space pedestrian environment, such as a corner plaza. 8. Site and design buildings and parking areas to minimize pedestrian/vehicle conflicts. 9. Wherever possible, locating parking to the rear or to the side of buildings, and entries on side streets and alleys. B. ARCHITECTURAL THEME. No specific architectural theme is recommended for the • Central Balboa area. The intent is to preserve the historic character of the area, maintain harmony with the existing structures, and allow opportunities for architectural diversity. Design should therefore focus on providing a pedestrian scale and utilize materials and features consistent with the historic structures in the area, with the Balboa Pavilion and the Balboa Inn serving as focal points. Architectural elements that may be applied to achieve this objective include: 1. Commercial structures which face public streets should be designed to create visual interest and a pedestrian scale along street-facing facades and a harmonious relationship between buildings. 2. Walls abutting pedestrian walkways or sidewalks of commercial areas should be primarily non-reflective glass affording views of merchandise and store within. Avoid large blank walls and long stretches of walls without windows. 3. Storefronts should provide attractive and varied window displays, including, but not limited to, window recesses, special trim, mullions, and multi-pane glass. 4. Where appropriate, awnings or other devices for weather protection should be encouraged. Such devices should relate to the overall scale of architectural details. 5. Exteriors materials and finishes should be in keeping with the historic character of the area. Natural materials which provide texture and visual interest, such as • brick,wood, unpolished stone and stucco, are encouraged. Use of reflective glass, metal panels(with the exception of decorative roofing),plastic materials,split face Page 180-5 SPECIFIC PLAN (CENTRAL BA;LBOA) Chapter 20.65 block, exposed concrete block and other exterior materials which are similarly out of character with the area should be avoided. 6. Exterior colors should be those which are in keeping with the established character of the area. The dominant color of the building should relate to the inherent color of its exterior material. Subdued colors are recommended for the overall color theme. Bright and excessively dark colors should be limited to accents intended to enhance the overall appearance of the building. 7. The use of decorative lighting to accent rooflines and architectural elements is encouraged. C. CIRCULATION AND PARKING. 1. Circulation and parking design and improvements are intended to achieve the following: a. Minimizing traffic congestion and ensuring access to the beach and bay for residents and visitors. • b. Avoiding the channeling of non-residential traffic into residential areas. C. Minimizing conflicts with pedestrian movement and bicycle transportation. d. Discouraging 'bruising" in the commercial district and on the Peninsula. e. Providing adequate, accessible parking for private and public uses. f, Avoiding the locating bus stops and layover areas adjacent to residential areas. 2. The above objectives can be achieved by applying the following guidelines to circulation and parking improvements: a. Directing non-residential traffic off of Balboa Boulevard to parking areas and other destination points while within the boundaries of the commercial district. b. Minimizing traffic on Main Street while maintaining adequate access to businesses and services. • Page 180-6 SPECIFIC PLAN (CENTRAL BALBOA) isChapter 20.65 C. Establishing parking standards for private development that are consistent with the unique needs and the physical constraints of the area. d. Establishing time limits for on-street public parking that are consistent with the parking durations typical for business districts. e. Configuring public parking facilities to maximize available parking, while providing adequate landscaping and minimizing encroachment into open space areas. f. Configuring public parking facilities to provide parking areas and time limits that meet business and recreational needs. g. Providing parking areas and programs oriented to the needs of area residents. • 3. Circulation and parking improvements shall be in association with the establishment of a system of remote parking areas and a shuttle service. D. STREETSCAPE. 1. Streetscape design and materials are,intended to achieve the following: a Enhance the visual quality of the Central Balboa area while reinforcing its recreational and historic character. b. Encourage pedestrian activity. C. Promote bicycling for transportation and recreation. d. Reduce visual clutter created by street fixtures, signs and graphics in order to enhance the aesthetic quality of the area and to facilitate the flow of vehicular traffic. e. Clearly delineate the boundaries of the commercial area and discourage commercial and recreational activities from intruding into residential areas. 2. The above objectives can be achieved by applying the following guidelines to street improvements: • i Page 180-7 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 a. Enlarged Pedestrian Areas. Enlarged pedestrian areas should be provided by extending sidewalks to create "bulb-outs" at selected intersections. b. Paving. Decorative paving treatments should be used to breakup large areas of concrete; to differentiate pedestrian areas and walkways; to identify building entrances and driveways; to accent tree wells, lighting fixtures and bus stops; and to add visual interest. C. Bollards. Bollards should be provided where appropriate to provide separation of pedestrian and vehicular areas. d. Street Lighting. Street light 'fixture designs should be reflective of the historic character of the area. Street light fixtures should be kept to a pedestrian scale (12 to 18 feet). Street light fixtures should accommodate vertical banners for use in identifying the commercial area and promoting civic events. e. Street Furnishings. Benches, kiosks, trash receptacles, planters and other street furnishings should be of design and materials consistent with the character of the area. Wherever possible, street furnishings should be consolidated to avoid visual clutter and facilitate pedestrian movement. f. Signs and Graphics. Wherever possible, traffic control, directional and other public signs should be consolidated and grouped with other street fixtures and furnishings to reduce visual clutter and to facilitate vehicular and pedestrian movement. A system of directional signs should also be established to direct traffic within the commercial district and away from residential areas. A graphic denoting the Central Balboa area should be incorporated into the standard street name signs used within the Specific Plan District. g. Street Trees. Street trees should be used to provide shade, soften building forms, and to enhance the street environment. However, the height and density of the leaf canopy should not overly obscure adjacent businesses. Flush-mounted tree wells with steel grating and/or brick surfaces should be used to protect the trees, and to allow free pedestrian movement. h. Entry Signs. Entry signs, such as ornamental arches, banners, or similar structures,should be constructed on Balboa Boulevard at Adams Street and at A Street. Page 180-8 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 i. Utilities. The undergrounding of all existing overhead utilities, including electric power, telephone and cable television, is recommended to improve the visual quality of the streetscape and to eliminate the need to prune street trees away from power lines. 3. Main Street's storefront character, pedestrian orientation and tree-lined canopy should be preserved and enhanced. 4. Palm Street should be improved to emulate Main Street's setting. This will provide a major .pedestrian link from the Balboa Pier parking lot to the Balboa Island Ferry. This will also create a major pedestrian loop through the area via Palm Street, the East Ocean Front boardwalk, Main Street, and the Edgewater Place Public Walk. 5. Adams Street, East Balboa Boulevard, East Bay Avenue and Washington Street should be improved with enhanced sidewalk treatments and street furniture and fixtures to promote pedestrian activity and create active shopping streets. These • streets will also serve as secondary pedestrian corridors. E. LANDSCAPING. 1. Landscaping should serve as a unifying element within the Central Balboa area. The landscape palette should provide continuity, yet allow opportunities for creativity, contrasts and variety. 2. Landscaping should complement architectural design. Landscaping can be used to identify building entrances, bring building elements to a human scale, soften building exteriors, and to provide interesting shades and shadows. 3. Landscaping should be used to support the pedestrian environment. Landscaping can be used to separate outdoor dining areas from pedestrian areas, provide pedestrians with protection from the elements, and add visual interest to pedestrian areas. Along storefronts, the use of plants and flowers in raised planters, window boxes and other containers is encouraged. 4. Where appropriate,landscaping should be used to screen parking,loading,storage, service and utility areas from public view, while maintaining safe sight distances. 5. In parking areas, landscaping should be used to break-up expanses of pavement, provide separation from pedestrian areas, and to create canopies and shade. Page 180-9 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 6. The use of water conservation design concepts, such as xeriscape and drip irrigation, should be encouraged. 7. Landscaping in public areas near the beach and bay should be chosen for their aesthetic qualities, low maintenance requirements, and their ability to withstand strong prevailing winds and salt-laden air. 20.65.030 RETAIL AND SERVICE COMMERCIAL, SP-8 (RSC) DISTRICT. It is the intent of this section to provide for retail sales,personal service, commercial, and professional uses that offer service to the area residents and visitors. A. USE OF LAND OR STRUCTURES. Uses permitted in commercial districts and uses permitted upon the approval of the Planning Director, Modifications Committee, or Planning Commission shall be as provided in Table 20.65. 4ke R144,1143 01i f'w B. SPECIAL FINDINGS AND CNDITION5 FOR FOOD USES. In addition to the findings established in Chapter 20.72, he Modifications Committee, Planning Commission, or City Council, as the case may be, shall make the following findings in order to approve a drive- in, take-out or specialty food service use: 1. That the operator of the food service use will be responsible for the clean-up of all on-site and off-site trash, garbage and litter generated by the use. 2. That the operator of the food service use has submitted a practical program for monitoring and implementing the clean-up of site and adjacent areas. 20.65.035 COMMERCIAL DISTRICT DEVELOPMENT STANDARDS. The following standards shall apply to all properties and developments in the SP-8 (RSC) District as set forth herein: 1 ' .;ems % �F;v f /'s'Fi.."!•ffs% '"'.5 £,!y,,s; '� :f�� j,G'�r/i%%f%7 iH M��+Ij�1 • • • �� �Y/'h'h SS:Y:Y/f'�Yf��!%��y��l//.lF%/ /hY'l�: — �sY/i'�r3;'3:r h'r/ /�iY /�iY:111 i:.•%: Page 180-11 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 6. Bulkhead Setback: A minimum setback of ten (10) feet shall be maintained from the bulkhead line. B. REQUIRED BUILDING LINES. A minimum of sixty percent (60%) of the building surface facing East Balboa Boulevard, Main Street and Palm Street shall be located within five (5)feet of the property line. SS t Street C. REQUIRED VERTICAL ARTICULATION. No wall surface adjacent to a public street shall run in one continuous direction•for more than fifty (50)feet without a recess or offset break measuring at least five (5) feet in depth and at least ten (10) feet wide. Cornices, eaves, ornamental features, raised planters up to 18 inches and open balconies and stairs may project into this area. E 50' -.-«-10' - <50, r Page 180-12 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 D. REQUIRED HORIZONTAL ARTICULATION. Walls adjacent to any public street shall be setback at least one and one-half(1.5) feet for every foot in excess of nineteen (19) feet above grade.Twenty percent (20%) of the length of the building facade may exceed the nineteen (19) foot height limit up to the height limits specified in Chapter 20.02, in order to accommodate towers, spires, cupolas, dormers, gables, and chimneys. \a°0 �Oeo 1y. ee 4` •� 26' 19' E. BUILDING MATERIALS. 1. Not more than forty percent (40%) of any exterior building elevation above the first floor shall consist of glass or a similar material. 2. Opaque, reflective or dark tinted glass shall not be permitted. i I i a`I k Page 180-13 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 F. RESIDENTIAL DEVELOPMENT. Residential uses shall be permitted above the first floor. The following standards apply to residential units above commercial or retail uses: 1. Residential uses are permitted on the second floor or above only. 2. A minimum of 2,375 square feet of land area is required for each dwelling unit, provided, however, that a minimum of one (1) dwelling unit per lot shall be permitted. 3. Developments in the SP-8 (RSC) District which consolidate existing legal lots to provide unified site design shall be granted a density bonus in accordance with the following schedule: Consolidated Land Area Residential Density 5,000 - 15,000 sq. ft. 1 unit per 1,500 sq. ft of land area 15,000 sq. ft. or more 1 unit per 1,250 sq. ft. of land area 4. The total gross floor area and building bulk in all structures on any site shall be specified in Chapter 20.07. 5. The commercial or retail portion shall be limited to a floor area ratio between 0,25 and 0.50. Commercial or retail portions with floor area ratios of less than 0.25 shall require a use permit as specified in Chapter 20.07. 6. The residential portion of the structure shall be limited to a maximum floor area ratio of 0.75. 7. A minimum of one hundred(100)square feet of outdoor living space per dwelling unit shall be provided. This outdoor living space area shall have a minimum dimension in any direction of at least six (6) feet and shall be open to the sky or open on at least one side. Architectural features may project into this area as permitted in Section 20.65.070 (A) of this Chapter. S. Off-street parking for residential uses shall be provided in accord with the following schedule: 1.5 spaces, including 1 covered, for studios and one,bedroom units up to 750 square feet in floor area. Page 180-14 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 2 spaces, including 1 covered, for units with 2 bedrooms or more or for units with floor areas in excess of 750 square feet. G. SIGNS. The following standards shall apply to all signs within the SP-8 (RSC) District: 1. Wall Signs. a. Number. Single tenant buildings shall be permitted one (1) primary wall sign. Multi-tenant buildings shall be permitted one (1) wall sign per business. b. Area. Two (2) square feet of sign area for each lineal foot of frontage, up to one hundred (100) square feet. Frontage is computed on an individual basis in multi-tenant buildings. Building frontage shall be measured along that side of the building for which the sign is proposed. C. Length. The length of a primary wall sign shall not exceed eighty percent • (80%) of the building frontage. d. Secondary Signs (including logos). Single tenant buildings shall be permitted two (2) additional secondary wall signs of twelve (I2) square feet each. 2. Ground Signs. a. Frontages. Ground signs shall be permitted only on properties with a minimum frontage of one hundred (100) feet. b. Area. The area of ground signs shall not exceed forty (40) square feet (single face). C. Height. The height of ground signs shall not exceed four (4) feet. 3. Awning/Canopy/Shade Signs. a. Area. Signs may be placed on the outer faces of an awning, canopy, or shade if they are made a part thereof and do not exceed thirty percent (30%) of the exposed surface area. b. Placement. Signs placed perpendicular to the building face under an awning, canopy, or shade will be permitted at each building entrance provided each sign does not exceed six(6) square feet(single face) and the Page 180-15 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 bottom of each sign shall be clear of the sidewalk by not less than eight (8) feet. C. Materials. Awnings, canopies, and shades shall be constructed of non-combustible frames. Awning, canopy and shades coverings shall consist of an opaque fabric, tested and classified as nonflammable. d. Illumination. Awning, canopy, and shade signs shall be illuminated from exterior lighting sources only. 4. Marquee Signs. a. Area. Signs may be placed on the outer faces of a marquee, if they are made a part thereof and do not exceed the limitations of a marquee. Cutout letters, up to eighteen (18)inches in height,may be installed on top of marquees. b. Placement. Signs placed perpendicular to the building face under a marquee shall be permitted at each building entrance provided each sign does not exceed six (6) square feet (single face) and the bottom of each sign shall be clear of the sidewalk by not less than eight (8) feet. 5. Window Signs. a. Number. One (1) per window b. Size. No permanent window sign shall cover more than twenty percent (20%) of the visible window area. C. Materials. Permanent window signs shall be applied directly to the window surface and shall be limited to individual lettering and transparent or translucent logos. 6. Projecting Signs. a. Number. One (1) projecting sign shall be permitted per building face. b. Area. Two (2) square feet for each lineal foot of building frontage,not to exceed twenty-five (25) square feet (single face). Page 180-16 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 C. Clearance and Height. The bottom of the sign shall be clear of the sidewalk by not less than eight (8) feet. The maximum height of the sign, excluding supporting structure, shall be sixteen (16) feet. d. Projection. No sign shall project more than four (4) feet over public property and may not project to within two (2) feet of the curb line. Subject to all limitations in this Chapter,the distance any sign may project over public property or beyond the building line is governed by the following table: Distance Above Sidewalk or 8'•l0' 10_•12' 12_14' 14_1C Grade Immediately Below sign. Maximum Projection Over 1' 2' 3' 4' Property Line or Building Line. e. Thickness of Projection. The thickness of any portion of a sign which projects over public property or beyond a building line shall not exceed three (3) inches. f. Illumination. Projecting signs shall be illuminated from exterior lighting sources only. 7. Special Purpose Signs. a. Directional Signs. Signs used to give direction to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and may be permitted in addition to the other signs listed in this section in instances where necessary for traffic safety reasons. Said signs shall not contain names, logos, or advertising messages. b. Directory Signs. Multi-tenant buildings shall be permitted one(1)twenty-- five (25) square foot wall or freestanding building directory sign listing tenants. C. Accessory Signs. Signs displaying business hours, credit cards, and other such items shall not exceed a cumulative square footage of two (2) square feet. 8. Temporary Signs. e= Page 180-17 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 a. Number. One (1) per building or building site, not including temporary window signs. b. Size. No temporary sign shall exceed sixty (60) square feet in area. Temporary signs of rigid material shall not exceed twenty-four(24)square feet in area, or six (6) feet in height. A temporary window sign shall not cover more than twenty percent (20%) of the visible window area. C. Duration. Temporary signs may remain in place for a period not exceeding two (2) thirty (30) day periods per calendar year. 9. Design Criteria. a. Signs permitted under this section are subject to the criteria set forth in Section 20.06.070. 10. Permits. All signs, consistent with this section, or approved by an Exception Permit, including temporary window signs, shall be required to obtain a sign permit from the Building Official. 11, Excentions. a. The Modifications Committee shall have the authority to approve modifications from any of the provisions of Section 20.65.035 (G) in accordance with the provisions of Chapter 20,81. 12. Non-Conforming Signs. a. Signs existing at time of adoption of this Chapter which do not comply with the provisions hereof shall be regarded as legal nonconforming signs and shall be subject to the provisions of Section 20.06.110, H. LANDSCAPING. The following landscape standards shall apply to all properties within the SP-8 (RSC) District; 1. A minimum of eight percent (8%) of the site shall be landscaped. Up to one-half of the site's landscaping may be in the form of decorative paving, such as brick, stone or tile. Page 180-18 SPECIFIC PLAN • (CENTRAL BALBOA) Chapter 20.65 2. In exterior parking areas in excess of seventy-five hundred (7,500) square feet, a minimum of five percent (5%) of the parking area shall be devoted to planting areas distributed throughout the parking area. Parking area landscaping may contribute towards meeting overall site landscaping requirements. 3. Exterior parking areas shall provide a perimeter planting area a minimum of three (3) feet wide when the perimeter line abuts a public street, five (5) feet when the perimeter line abuts a residential district. 4. In exterior parking areas in excess of seventy-five hundred (7,500) square feet, a minimum of one (1) tree for every six (6) spaces shall be distributed throughout the exterior parking lot. ' 5. Landscaping shall be provided on the upper floors of parking structures where these structures are visible from public streets, pedestrian pathways, or adjacent buildings. D. REFUSE STORAGE AREAS. Refuse storage areas shall be screened on all sides by a six (6) foot solid wood or masonry wall, or located within a building. 20.65.040 RESIDENTIAL DISTRICTS. It is the intent of this section to preserve the existing residential districts within the Central Balboa Specific Area Plan area, and to maintain the development standards that have guided the orderly development of these districts. A. USE OF LAND OR STRUCTURES. Uses permitted in commercial districts and uses permitted upon the approval of the Planning Director, Modifications Committee, or Planning Commission shall be as provided in Table 20.65. 20.65.045 RESIDENTIAL DISTRICTS DEVELOPMENT STANDARDS. The following standards shall apply to all properties and developments in the SP-8 (R-2), SP-8 (MFR), and SP-8 (RP) Districts set forth herein: A. SETBACK REQUIREMENTS. 1. Front Yard Setback: A front yard setback area of five (5) feet shall be required, except for the south side of the 800 block of East Bay Avenue, which shall have a setback of ten (10) feet. 2. Side Yard Requirements: Each side yard shall not be less than three(3) feet wide on building site forty (40) feet wide or less, or four (4) feet on lots wider than Page 180-19 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 forty (40) feet; provided, that the side yard on the rear twenty (20) feet of the street side of a corner lot, where there is reversed frontage, shall not be less than' the front yard required or existing on the adjacent reversed frontage. 3. Rear Yard Setback: A minimum ten (10) foot setback area shall be maintained. 4. Alley Setback: Where a rear-lot line adjoins an alley, a setback of five (5) feet shall be maintained. B. MINIMUM SITE AREA PER DWELLING UNIT. For each dwelling unit in any building or group of buildings, the minimum site area shall be as provided below: 1. SP-8 (R-2) A minimum of one thousand (1,000) square feet of land area. 2. SP-8 (MFR): A minimum of twelve hundred (1,200) square feet of land area. 3. SP-8 (RP): A minimum of one thousand (1,000) square feet of land area. Notwithstanding any other provision of this section, at least two dwelling units may be permitted on any lot or parcel which was legally in existence as of October 24, 1988, and which has a land area of at least twenty-four hundred (2,400) square feet. C. OPEN SPACE Open space shall be provided in addition to the required setbacks and separations between detached'structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times six (6) feet and may be provided anywhere on the lot behind the required setback lines. This open space shall be open on at least two (2) sides and shall have a minimum dimension in any direction of at least six (6) feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than six (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 six (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 of any portion thereof. D. COMMERCIAL USES IN TIM SP-8 (RP) Commercial uses shall be permitted in the SP-8 (RP) District subject to the following provisions: Page 180-20 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 1. Commercial uses are permitted on the ground floor only and on the front fifty percent (50%) of the lot. 2. The commercial portion shall be limited to a floor area ratio of 0.25. 3. The total gross floor area for all structures on any site shall not exceed 2.00. 4. Off-street parking for commercial uses shall be as specified in Section 20.65:070 (E)• 20.65.050 GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES, SP-8 (GEIF) DISTRICT It is the intent of this section to provide for the orderly development of public, quasi-public, and institutional uses,or the expansion of existing facilities, within areas designated for these uses in the Land Use Element of the General Plan. A. USE OF LAND OR STRUCTURES. Uses permitted in the•Government,Educational and • Institutional District and uses permitted upon the approval of the Planning Director,Modifications Committee, or Planning Commission shall be as provided in Table 20.65. 20.65.055 GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES DISTRICT DEVELOPMENT STANDARDS. The following standards shall apply to all properties and developments in the SP-8 (GEIF) District as set forth herein: A. SETBACK REQUIREMENTS. The Planning Commission, or City Council upon review or appeal, shall establish front, side, and rear yard setback requirements for each proposed development in conjunction with the approval of a use permit. 20.65.060 OPEN SPACE, SP-8 (OS) DISTRICT It is the intent of this section to prohibit intensive urban development of those areas of the City designated for recreational and environmental open space in the Land Use Element of the General Plan. A. USE OF LAND OR STRUCTURES. Uses permitted in the Open Space District and uses permitted upon the approval of the Planning Director, Modifications Committee, or Planning Commission shall be as provided in Table 20.65. 20.65.065 OPEN SPACE DISTRICT DEVELOPMENT STANDARDS. The following standards shall apply to all'properties and developments in the SP-8 (OS) District as set forth herein: Page 180-21 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 A. SETBACK REQUIREMENTS. The Planning Director or Planning Commission, or City Council upon review or appeal, shall establish front, side, and rear yard setback requirements for each proposed development. 20.65.070 GENERAL REGULATIONS A. PROJECTIONS INTO SETBACK YARDS. Projections into required setbacks shall be permitted as specified below, provided that encroachments into alley setbacks shall provide a minimum ground clearance of eight (8) feet. 1. Cornices, eaves, ornamental features, window boxes: two (2) feet, provided such features shall not project closer than two (2) feet from a side property line. 2. Bay and greenhouse windows, located on the first floor and not exceeding eight (8) feet in width: two (2) feet, provided such features shall not project closer than two (2) feet from a property line. 3. Raised planters up to eighteen (18) inches in height: eighteen (18) inches, except • in an alley setback. 4. Open porches, patios, terraces, platforms, decks and subterranean garages, not more than three (3) feet in height: three (3) feet in a side yard or rear yard. 5. Marquees, awnings, and shades: to the front property line. 6. Columns,vertical supports and raised planters up to eighteen(I8)inches in height, covering no more than ten percent (10%) of the corner setback area. B. PRIVATE ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY. Private encroachments into the public right-of-way may be permitted in accordance with City policy, provided further such encroachments are in compliance with the following criteria: 1. The encroachment is consistent with the goals, policies, and objectives of the specific area plan. 2. The design and materials of any structures encroaching into the public right-of- way shall be consistent with those of surrounding properties and standards established by the specific area plan. Page 180-22 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 C. AWNINGS, CANOPIES, AND SHADES. Awnings, canopies, and shades may extend over public property, subject to the following conditions: 1. The owner of the property has applied for, and received, an encroachment permit issued by the Public Works Department. 2. Such devices meet with the construction, projection and clearance requirements of the Uniform Building Code. 3. Such devices shall not extend more than three (3) feet above or below the floor to which it is attached. 4. Awnings, canopies, and shades shall be constructed of non-combustible frames. Awning, canopy and shades coverings shall consist of an opaque fabric,tested and classified as nonflammable. 5. Such devices displaying advertising shall be subject to the sign regulations contained in this section. D. SCREENING OF MECHANICAL EQUIPMENT. All exterior mechanical equipment, except solar collectors shall be screened from view on all sides. Screening materials may have evenly distributed openings or perforations averaging fifty percent (50°/u) E. OFF-STREET PARKING. Off-street parking shall be provided on the building site as specified in Chapter 20.10 for residential districts and in Chapter 20.33 for non-residential districts, except as provided in this section. 1. Off-Street Parking Required a. Retail Stores and Specialty Food Uses: 1 parking space/350 sq. ft. of gross floor area. b. Restaurants: 1 parking space/50 sq. ft. of net public area; 1 parking space/35 sq. ft. of net public area when live entertainment is present. Up to 200 sq. ft. of restaurant outdoor seating is permitted without providing additional parking provided the area faces and is open to a public street. Page 180-23 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 2. Special Provisions For Tandem Parking Tandem parking up to a maximum of two (2)vehicles in depth shall be permitted, subject to the following conditions: a. In the SP-8 (RSC) District, 'signs shall be posted on the business frontage which advises patrons of the availability and location of parking spaces. The location, size and color of the signs shall be approved by the Planning Director. b. In mixed use development, the enclosure of parking may be permitted, subject to the conditions specified in Section 20.30.030 (C). 3. Roof Parking In the SP-8 (RSC)District, the parking of vehicles on the roof of a building is permitted with the approval of a use permit. F. BULKHEADS. All bulkheads shall be constructed to an elevation of nine (9) feet above mean low water (6.27 feet above mean sea level). G. FLOOR AREA RATIO,BUILDING BULK AND BUILDING HEIGHT. The total gross floor area and building bulk contained in all buildings on a buildable site in any commercial district shall be as specified in Chapter 20.07, except as provided in this section. The building height limit shall be as specified in Chapter 20.02. 1. Floor Area Ratio Bonus for Lot Consolidation. Developments in the SP-8 (RSC)District which consolidate existing legal lots to provide unified site design shall be granted a floor area bonus in accordance with the following schedule: Consolidated Land Area FAR Bonus 7,500 - 15,000 sq. ft. 0.05 15,000 sq. ft. or more 0.10 2. Conversion of Uses. Page 180-24 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 The Planning Director may approve the conversion of a lawfully existing Maximum FAR use to a Base FAR use or to a Reduced FAR use, or the conversion of a Base FAR use to a Reduced FAR use upon finding that: a. A significant portion of the traffic generated by the use originates within a mile of the site; or b. A significant portion of the traffic generated by the use consists of pass-by traffic or traffic that is diverted less than a mile from its primary destination; or C. The scope and scale of the use is such that it does not constitute a significant increase in the traffic generation potential; or d. That the use's operational characteristics are such that the conversion will not result in a significant increase in the traffic generation potential. Such characteristics include,but are not limited to,hours of operation,the type of goods or services offered, and the composition of its principal clientele. The Planning Director may require the applicant to provide survey data or other information substantiating the request for the conversion. H. PUMP-OUT FACILITIES REQUIRED. On waterfront sites where the proposed use includes public marinas, yacht clubs, boat charters or rentals, sports fishing establishments, commercial fishing facilities,marine service stations, gas docks,boat launching facilities,or other similar uses, either public or private, boat holding tank pump-out facilities shall be provided in each case, unless otherwise approved by the Planning Commission or City Council on review or appeal of a site plan review or use permit. Said pump-out facilities shall have adequate capacity to accommodate all vessels anticipated at each site. Prior to the issuance of building permits,the Marine Director shall approve all plans and specifications of pump-out facilities. I. PUBLIC ACCESS TO BAY FRONT. In approving a site plan review or granting a use permit for development on a building site with frontage along the bay,the Planning Commission or City Council, upon review or appeal, shall require the dedication of vertical and lateral public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. The following standards shall be applied to all lateral and vertical public access easements: 1. Public access easements shall be a minimum of six (6) feet in width. 2. Public access easements may be provided within required setback areas. Page 180-25 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 3. All dedicated public access easements shall be recorded with the Orange County Recorder's Office in a manner satisfactory to the Public Works Department. (Ord. 90-24, June 28, 1990; Ord. 89-19, Sept.13, 1989; Ord. 86-7, May 28, 1986) 20.65.080 RECONSTRUCTION OF NONCONFORMING STRUCTURES. A. Commercial structures in SP-8 (RSC) District that have been rendered nonconforming due to gross floor area or parking may be permitted structural alterations or demolition and reconstruction, involving up to one hundred percent (100%) of the existing gross floor area, subject to the following conditions: 1. Verification by the Planning Director of the gross floor area of the structure legally in existence shall be required prior to the issuance of building permits for alteration or reconstruction. 2. Alteration or reconstruction of structures shall conform with all current SP- 8 (RSC) District land use regulations and development standards, with the exception of floor area ratios and required parking for commercial uses. 3. Residential development shall be permitted within the preexisting gross floor area limits structure area pursuant to Section 20.65.035 (F) of this Chapter. 4. Off-street parking for residential development shall be provided on the building site as specified in Section 20.65.035 (F-7). 5. Alteration or reconstruction shall not result in a reduction in the amount of off-street parking that existed on the site prior to alteration or reconstruction. 6. Reduced F.A.R, uses legally in existence within a period of six (6)months prior to alteration or reconstruction shall be permitted provided there is no increase in floor area devoted to those uses. All new uses shall be limited to base F.A.R. and maximum F.A.R. uses. 7, A Coastal Residential Development Permit (CRDP) shall be required pursuant to the provisions of Chapter 20.69 should the alteration or reconstruction of structures result in the following: a. The demolition or conversion of eleven(11)or more dwelling units in two or more structures; or Page 180-26 SPECIFIC PLAN • (CENTRAL BALBOA) Chapter 20.65 b. The demolition or conversion of three (3) or more dwelling units in one structure; or C. The construction of ten (10) or more new dwelling units. B. COMBINING OF LOTS AND PARCELS. Lots and parcels in SP-8 (RSC) District with commercial structures that have been rendered nonconforming due to gross floor area or parking may be combined and structural alterations or demolition and reconstruction of said structures into new designs and configurations may be permitted provided the provisions of this Section are met and the owner or owners of said lots or parcels has caused to be executed and recorded a covenant and agreement to hold said lots or parcels as a single building site. 20.65.090 PUBLIC IMPROVEMENT COMPONENT. The following are the public and private improvement projects for the Central Balboa Specific Area Plan area. Projects are • listed by priority, with a general description of each project. The City's ability to fund its share of each project, where applicable, is based upon the allocation of limited financial resources throughout the City. Each year during the preparation of the City's annual budget, the City Council will determine which projects or portion thereof are to be funded by the City, their costs, and specific schedule for implementation. For those projects using gas taxes or other sources of revenue for a portion of the funding, the specific projects to be funded must also be determined annually, based upon the availability of funds and demand from other projects throughout the City. Design and materials shall be determined through the capital improvement program process. This shall include public meetings to receive comments from affected parties. Final approval of plans, including, but not limited to streetscape improvements, significant alterations to the Balboa Pier parking lot, and traffic signalization on Balboa Boulevard, shall be made by the City Council. A. PRIORITY I: IMPLEMENTATION WITHIN TWO YEARS 1. BALBOA BOULEVARD, MAIN STREET, A STREET SIDEWALK IMPROVEMENTS • Install sidewalk improvements on the north and south sides of the 500, 600, 700, and 800 blocks of Balboa Boulevard; the east and west sides of the 100, 200, and 300 blocks of Main Street; the north and south sides of the 800 block of East Bay Page 180-27 SPECIFIC PLAN (CENTRAL BALBOA) • Chapter 20.65 Avenue; and the west side of the 100, 200, 300 blocks of A Street. These improvements include 12.5% flashed brick pavers and a rock salt finish. Additional improvements are to be installed on sidewalks at the intersections of Balboa Boulevard and Main Street, Balboa Boulevard and Palm Street, and East Bay Avenue and Main Street. These improvements include 6601* red flashed pavers and rock salt finish, Install enlarged pedestrian areas by extending sidewalks to create "bulb-outs" at the intersections of Balboa Boulevard and Main Street and Balboa Boulevard and Palm Streets, provided adequate turning radii and drainage can be provided. 2. BALBOA BOULEVARD, MAIN STREET, PALM, STREET, EAST BAY AVENUE CROSSWALKS Install special paving treatment at pedestrian crossings at the intersections of Balboa Boulevard and Palm Street; Balboa Boulevard and Main Street; and at Main Street and East Bay Avenue. 3. BALBOA BOULEVARD, MAIN STREET, A STREET LIGHTING • Install decorative street light fixtures with vertical banners on the north and south sides of the 500, 600, 700, and 800 blocks of Balboa Boulevard; the east and west sides of the 100, 200, and 300 blocks of Main Street; the north and south sides of the 800 block of East Bay Avenue; and the west side of the 100, 200, 300 blocks of A Street. 4. MAIN STREET LANDSCAPING IMPROVEMENTS Remove existing and install new street trees on the east and west sides of the 100, 200, and 300 blocks of Main Street in conjunction with planned improvements. Existing trees shall be maintained to the extent necessary to preserve the character of the tree-lined canopy unless public safety or a diseased condition warrants removal. Tree wells are to be flush-mounted with steel grating with brick paver trim and/or brick surfaces. 5. MAIN STREET FURNISHINGS Install new benches and trash receptacles on the east and west sides of the 100, 200, and 300 blocks of Main Street. 6. UNDERGROUND UTILITIES ON BALBOA BOULEVARD, MAIN STREET, • A STREET Page 180-28 SPECIFIC PLAN • (CENTRAL BALBOA) Chapter 20.65 Undergrounding of all existing overhead utilities, including electric power, telephone and cable television, in the 800 block of East Bay Avenue;the west side of the 200 and 300 blocks of A Street; and in the alleys contained in Blocks E, P, and Q. Undergrounding includes electric power,telephone and cable television, provision of underground utilities to the property line, where a connection would be made to existing service above ground. 7. TRAFFIC CONTROL AND DIRECTIONAL SIGNS ON BALBOA BOULEVARD, MAIN STREET, EAST BAY AVENUE, AND A STREET Install traffic control, directional and other public signs on the 500, 600, 700, and 800 blocks of Balboa Boulevard; the 100, 200, and 300 blocks of Main Street; the 800 block of East Bay Avenue; and the 100, 200, 300 blocks of A Street. 8. BALBOA BOULEVARD ENTRY Install entry signs or semi-permanent banner on Balboa Boulevard at Adams Street • and at A Street. 9. BALBOA PIER PARKING LOT IMPROVEMENTS Modify the configuration of the Balboa Pier parking lot to provide the following: a. A net gain of approximately 109 parking spaces without a reduction in the number of trees dispersed throughout the parking lot . b. Inbound circulation at Palm Street, outbound circulation at Washington Street, if required by revised circulation plan. C. A widened entry aisle, if required by revised circulation plan. d. Restricting Main Street to bus, local business patron, and service vehicle traffic, if required by revised circulation plan. e. Relocation of the bus stop/layover to the pier area at Main Street. f. A minimum six (6) feet wide landscaped buffer between the parking lot and adjacent residential areas of sufficient design and materials to reduce glare from automobile headlights without further obstructing existing views. • B. PRIORITY II: IMPLEMENTATION BETWEEN TWO AND FIVE YEARS. Page 180-29 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 1. PALM STREET SIDEWALK RPROVEMENTS Install sidewalk improvements on the east and west sides of the 100, 200, and 300 blocks of Palm Street. These improvements include 12.5% flashed brick pavers and a rock salt finish. Additional improvements are to be installed on sidewalks at the intersection of Palm Street and East Bay Avenue. These improvements include 66% red flashed pavers and rock salt finish. 2. PALM STREET AND EAST BAY AVENUE CROSSWALKS Install special paving treatment at pedestrian crossings at the intersections of Palm Street and Balboa Boulevard and at Palm Street and East Bay Avenue. 3. PALM STREET LIGHTING Install decorative street light fixtures with vertical banners on the east and west sides of the 100, 200, and 300 blocks of Palm Street. A. PALM STREET LANDSCAPING Install street trees on the east and west sides of the 100, 200, and 300 blocks of Palm Street. Tree wells are to be flush-mounted with steel grating with brick paver trim and/or brick surfaces. 5. PALM STREET FURNISHINGS Install benches and trash receptacles on the east and west sides of the 100, 200, and 300 blocks of Palm Street. 6. BALBOA PIER APPROACH IMPROVEMENTS Install decorative paving treatments,bollards, decorative lighting,benches,kiosks, trash receptacles, and planters and trees on the approach to the Balboa Pier. 7. TRAFFIC CONTROL AND DIRECTIONAL SIGNS ON PALM STREET Install traffic control, directional and other public signs on the 100, 200, and 300 blocks of Palm Street. 8. UNDERGROUND UTILITIES ON PALM STREET Page 180-30 SPECIFIC PLAN • (CENTRAL BALBOA) Chapter 20.65 Undergrounding of all existing overhead utilities, including electric power, telephone and cable television in the 200 block of Palm Street. Undergrounding includes provision of underground utilities to the property line,where a connection would be made to existing service above ground. C. PRIORITY III: IMPLEMENTATION WITHIN FIVE TO SEVEN YEARS. 1. EAST BAY AVENUE, WASHINGTON STREET SIDEWALK IMPROVEMENTS Install sidewalk improvements on the north and south sides of the 500, 600, and 700 blocks of East Bay Avenue and on the east and west sides of the 100, 200, and 300 blocks of Washington Street. These improvements include 12.5%flashed brick pavers and a rock salt finish. 2. EAST BAY AVENUE AND WASHINGTON STREET LIGHTING Install decorative street light fixtures with vertical banners on the north and south . sides of the 500, 600, and 700 blocks of East Bay Avenue and on the east and west sides of the 100, 200, and 300 blocks of Washington Street. 3. UNDERGROUND UTILITIES ON EAST BAY AVENUE, WASHINGTON STREET, AND ADAMS STREET Undergrounding of all existing overhead utilities including, electric power, telephone and cable television, in the 500, 600, and 700 blocks of East Bay Avenue; the 200 block of Washington Street; the 300 block of Adams Street; and the alleys contained in Blocks B, 7, and K. Undergrounding includes provision of underground utilities to the property line, where a connection would be made to existing service above ground. 4. TRAFFIC CONTROL AND DIRECTIONAL SIGNS ON EAST BAY AVENUE AND WASHINGTON STREET Install traffic control, directional and other public signs on the 500, 600, and 700 blocks of East Bay Avenue and on the 100, 200, and 300 blocks of Washington Street. D. PRIORITY IV: IMPLEMENTATION WITHIN SEVEN TO TEN YEARS. • 1. UNDERGROUND UTILITIES IN REMAINING ALLEYS Page I80-31 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 Undergrounding of all existing overhead utilities including, electric power, telephone and cable television, in the alleys contained in Blocks T and U, Y and W, X and Y, and Z and AA. Undergrounding includes provision of underground utilities to the property line,where a connection would be made to existing service above ground. TABLE 20.65 TYPE OF USE RSC R-2 NM RP GEIF OS A"i-A rwr.s�+ Residential Uses Single-Family Dwellings YES YES YES YES NO NO (A) Two-Family Dwellings YES YES YES YES NO NO (A) Multi-Family Dwellings YES NO YES NO NO NO (A) Congregate Residences Congregate Care Facilities UP NO NO NO NO NO Elderly Residential UP UP UP UP NO NO Group Residential NO NO NO NO NO NO Single Room Occupancy UP NO NO NO NO NO Public Send-Public Uses Churches, Synagogues,and Temples YES/L-i NO NO NO UP/L-2 NO Civic Centers NO NO NO NO UP/L-2 NO Community Centers UP UP/L-3 UM-3 NO UP/L-2 UP Daycare Facilities UP NO NO NO UP/L-2 NO Fire Stations and Police Stations UP NO NO NO UP/L-2 NO Hospitals NO NO NO NO UP/L-2 NO Libraries NO NO NO NO UP/L-2 NO Lodges/Community Service Organizations UP NO NO NO UP/L-2 UP Museums NO NO NO NO UP/L-2 NO Post Offices (Federal) NO NO NO NO UP/L-2 NO Reservoirs NO NO NO NO UP/L-2 NO L _ Page 180-32 SPECIFIC PLAN (CENTRAL BALBOA) • Chapter 20.65 TYPE OF USE RSC R-2 MFR RP GEIF OS Ad'Oei' �w Schools,Public or Private NO NO NO NO UP/L-2 NO Social Halls UP NO NO NO UP/L-2 NO Transit Facilities UP NO NO NO UP/L-2 NO Utility Substations, Public and Private UP UP/L-3 UP/L-3 NO UP/L-2 UP Animal Salcs and Services Animal Hospitals UP NO NO NO NO NO Pet Shops UP NO NO NO NO NO Dog Groomers UP NO NO NO NO NO Art or Instructional Facilities 4rt Studios YES NO NO YES NO NO )ante Studios UP NO NO UP NO NO Handicraft Establishments YES NO NO YES NO NO Music/Art Studios UP NO NO UP NO NO Photography Studios YES NO NO YES NO NO Private Instructional Facilities UP NO NO UP NO NO Automobile -Related Uses Auto Rental (Office Only) YES NO NO NO NO NO Commercial Parking UP UP/L4 UP/L4 UP/L4 NO NO Municipally-Operated Parking Lots YES UP UP UP NO NO Banks and Savings and Loans Banks/Lenders YES NO NO NO NO NO Food Uses _M... . .... ...M . Restaurants UP NO NO NO NO NO (B) Specialty Food Service PD NO NO NO NO NO (B), (C) Take Out Restaurants UP NO NO NO NO NO (B), (C) Page 180-33 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.65 TYPE OF USE RSC R-2 Wit RP GEIF OS Asdi loud Marine Usoa Boat Charter(Boats Present) UP NO NO NO NO NO Boat Sales(Boats Present) UP NO NO NO NO NO Marine Service Station UP NO NO NO NO NO Personal Services Acupuncture YES NO NO YES NO NO Barbers YES NO NO YES NO NO Beauty-Parlors YES NO NO YES NO NO Cleaners/Laundries(Limited) YES/L-5 NO NO NO NO NO Cleaners/Laundries UP NO NO NO NO NO Fortune Telling YES NO NO YES NO NO Laundromats YES NO NO NO NO NO Massage Parlor YES NO NO NO NO NO Mortuaries UP NO NO NO NO NO Nail Salons YES NO NO YES NO NO Repair of Small Appliances YES NO NO YES NO NO Shoe Repair YES NO NO YES NO NO Tailors YES NO NO YES NO NO OtherPersonal Services YES NO NO YES NO NO Professional Services Accountants YES NO NO YES NO NO Attorneys YES NO NO YES NO NO Chiropractors YES NO NO YES NO NO Dental Office YES NO NO YES NO NO Engineers YES NO NO YES NO NO Interior Decorators YES NO NO YES NO NO Marine-Related Office.including: YES NO NO NO NO NO Boat Charter(Office Only) YES NO NO NO NO NO Boat Sales(Office Only) YES NO NO NO NO NO Medical Office YES NO NO YES NO NO Printers YES NO NO NO NO NO Realtors/Escrow YES NO NO YES NO NO Page 180-34 SPECIFIC PLAN • (CENTRAL BALBOA) Chapter 20.65 RSC R-2 MFR RP GEIF OS TYPE OF USE wNtlor Other Professional Services YES NO NO YES NO NO Public Assembly/Clubs : . . Auditoriums UP NO NO NO NO NO Service Clubs UP NO NO NO NO NO Social Clubs UP NO NO NO NO NO Theaters UP NO NO NO NO NO Yacht Club UP NO NO NO NO NO Youth Centers UP NO NO NO NO NO Recreational Facilities , ... - •• • ••.. .. •- Iliard Parlors UP NO NO NO NO NO yms UP UP/L-3 UP/L-3 NO NO NO Health Club/Aerobics Studios UP UP/L-3 UP/L-3 NO NO NO Parks and Playgrounds UP UP/L-3 UP/L-3 NO NO YES Recreational Facilities UP UP/L-3 UP/L-3 NO NO YES Retail Uses Art Galleries YES NO NO ANC NO NO Appliance Stores YES NO NO NO NO NO Bakeries YES NO NO NO NO NO Book Stores YES NO NO NO NO NO Clothing Stores YES NO NO NO NO NO Delicatessens YES NO NO NO NO NO Department Stores YES NO NO NO NO NO General Retail Sales YES NO NO NO NO NO Gift Shops YES NO NO ANC NO NO Hardware Stores YES NO NO NO NO NO Jewelry Stores YES NO NO ANC NO NO Mini-Marts YES NO NO NO NO NO Outdoor Sales UP NO NO NO NO NO pharmacies YES NO NO NO NO NO ant Nurseries YES NO NO NO NO NO Page 180.35 SPECIFIC PLAN (CENTRAL BALBOA) Chapter 20.63 . . TYPE OF USE RSC R 2 MRP:P GEIF 05 sew Retail Marine Sales YES NO NO NO NO NO Shoe Stores YES NO NO NO NO NO Specialty Shops YES NO NO ANC NO NO Supermarkets YES NO NO NO NO NO General Retail Sales YES NO NO NO NO NO Visitor Accommodations Bed and Breakfast Inns UP NO NO NO NO NO Hotels UP NO NO NO NO NO Motels UP NO NO NO NO NO OlhcrTJsca Helistops Up To 90 Days PD UP UP NO NO NO (D) Helistops Over 90 Days UP NO NO NO NO NO Outdoor Lighting UP UP UP UP NO NO (E) Relocatable Buildings NO NO NO NO NO NO (F) Temporary Uses Up To 90 Days PD NO NO NO NO NO (0) Temporary Uses Over 90 Days UP NO NO NO NO NO (0) Watchman/Caretaker Residence U/A NO NO NO NO NO YES = PERMITTED ANC = PERMITTED IF ANCILLARY MOD SUBJECT TO APPROVAL OF THE MODIFICATIONS COMMITTEE PD SUBJECT TO THE APPROVAL OF THE PLANNING DIRECTOR UP PERMITTED WITH USE PERMIT U/A PERMITTED WITH USE PERMIT IF ANCILLARY TO AN ALLOWABLE USE NO = PROHIBITED The letter "L" references certain limitations prescribed under "Limitations on Specified Uses." Letters in parentheses in the "Additional Regulations" column refer to "Additional Regulations" following the table. t (Ord. 95-31, Sept. 27, 1995) I� Page 180-36 SPECIFIC PLAN • (CENTRAL BALBOA) Chapter 20.65 Limitations on Specified Uses L-1 Freestanding structures not permitted. L-2 In GEIF, approval of a Use Permit in accordance with,the provisions of Chapter 20.80 of the Municipal Code is required for the establishment of any new use permitted by this Section, or any expansion or changes in the operational characteristics of an existing use within this zoning district,unless said use is owned and or operated by a governmental agency that is exempted from the provisions of this Section by constitutional or statutory law,and is acting in its governmental capacity. (Ord. 88-27,August 24, 1988). L-3 Limited to facilities developed as part of a residential development. L-4 Permitted only when adjacent to a commercial district. L-5 No plant on premises, limited to collection only. Additional Regulations A. For the RSC District, see Section 20.65.035 (F): Residential Development, B. See Section 20.72: Restaurants. w,d 5—k4 n 2d,6S.0o E; opf-s1v f P<,k'n C. See Section 20.65.030 (B): Special Findings For Food Uses. U D. Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established within the Central Balboa Specific Plan District unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The Planning Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such helistops will not unduly interfere with the health,safety, and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. E. Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planting Commission is of a similar nature,and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 1446; June 26, 1972). F. Relocatable (portable)buildings. No building permit or relocation permit shall be issued for the erection or placement of a relocatable building unless the applicant for said building permit has first applied for and obtained a use permit from the Planning Commission to maintain said relocatable building at a specific location (Ord. 1774 (part), § 3, 1978). G. See Section 20.33.025: Temporary Uses and Structures. I� Specific Area Plan #8 Newport Bay Central Balboa 1 LSP-8(RI Land Use Map i SP-8 (RSQ SP-8 (RSC) SP-8 (RSC) SP-8 1 Fwsrenrnvc 1 • TF[sp-s(GEI P 8(RSC - (RS SP-8(RSC)00 • DO U { _ 1 y (g ) 1•y'._,.+, r F •• SP-8(RSC) �rewe�navo SP-8 SC. y . SP-8 (RSQ SP-8 (R-2) SP-8 (RSQ SP-8(R-2) ` SP-8 (RSQ SP-8 (RSQ h 1 SP-8 (RP) SP-8 (MFR) SP-8(R-2 _ i SP-8 (R 2) q SPs SP-8(GEIF) i (OJ) H _ ,l i g ONt SP-8 OCEA SP-8 (GEIF) . SP-8 (GEIF) 1 SP-8 (OS) 1 [� NCR �l. SP-8 (OS) _ `K° c o � w bi zy Pacific Ocean �/— 0 I> PART VII: SPECIAL USE REGULATIONS Chapters: 20.67 Recyclable Materials 20.68 Massage Establishments 20.69 Low and Moderate Income Housing within the Coastal Zone 20.70 Automobile Service Stations • 20.71 Oil Wells 20.72 Restaurants 20.73 Residential Condominium Projects 20.74 Adult Entertainment Businesses 20.75 Satellite Dish Antennas 20.76 Time-Share Developments 20.77 Amateur Radio Antennas 20.78 Granny Units 20.79 Second Family Units Page 180-38 RECYCLABLE MALE RIAT S is Chapter 20.67 Chapter 20.67 RECYCLABLE MATERIALS Sections: 20.67.010 Purpose. 20.67.020 Definitions. 20.67.030 Applicability 20.67.040 Requirements. 20.67.010 PURPOSE. The purpose of this subsection is to establish a comprehensive set of regulations and guidelines regarding the requirement for specific areas for collecting and loading recyclable materials in certain developments in the City of Newport Beach. (Ord. 95-2, February 22, 1995). 20.67.020. Definitions. For the purposes of this Subsection, the following words shall have the following meanings: A. 'Development Project" means any of the following: 1. A project for which a building permit is required for a new commercial, industrial or institutional building, marina, or residential building having five or more living units where solid waste is collected and loaded, or any residential project where solid waste is collected and loaded in a location serving five or more living units. 2. Any new public facility where solid waste is collected and loaded and any improvements to that part of a public facility used for collecting and loading solid waste. 3. Any alteration or alterations to an existing commercial, . industrial, or residential building, marina, or public facility project where the existing floor area is expanded by fifty (50) percent or more. B. "Improvement"means a physical change which adds to the value of a facility,prolongs its useful life, or adapts it to new uses, excluding repairs, which do not substantially extend the life of the facility. • C. "Floor area of a marina" means the space dedicated to the docldng or mooring of marine vessels. Page 180-39 RECYCLABLE MATERL41S Chapter 20.67 D. "Public Facility" means any building, structure, or outdoor recreation area owned by a local agency. E. "Recycling Area(Areas for Recycling)"means any space allocated for collecting and loading of recyclable materials,which is accessible and convenient for those who deposit as well as those who collect and load recyclable materials. (Ord. 95-2, February 22, 1995). 20.67.030. Applicability. A. All development projects for which a building permit is issued on or after March 1, 1995, shall be required to provide adequate, accessible, and convenient recycling areas for collecting and loading recyclable materials. B. For purposes of this Chapter, recycling areas for collection and recycling of commingled recyclable and non-recyclable materials which are transported to a mixed waste processing and material recovery facility are deemed to be adequate, accessible, and convenient. (Ord. 95-2, February 22, 1995). 20.67.040. Requirements. The following requirements shall be used in • evaluating all recycling areas required by this subsection: 1. An adequate number and capacity of bins or containers to allow for the collection and loading of recyclable materials generated by the development shall be located within the recycling areas of development projects. Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is to be located. Where solid waste is collected and loaded in a location serving five or more residential living units,recycling areas are only required to serve the needs of the living units which utilize the solid waste collection and loading area. 2. The design and construction of recycling areas shall be compatible with surrounding land uses, structures, topography and vegetation. Developments and public right of way adjacent to recycling areas should be adequately protected against any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping. 3. Recycling areas shall be enclosed by a masonry wall with access gates which effectively obscures the contents placed within the enclosure. Page 18040 RECYCLABLE MATERiAIS • Chapter 20.67 4. Recycling areas shall be secured to prevent the theft of recyclable materials while allowing authorized persons access for disposal of materials. S. Recycling areas or the bins or containers placed therein shall provide protection against adverse environmental conditions which might render the collected materials unmarketable. 6. Driveways or travel aisle shall be unobstructed and provide access for any solid waste hauler's collection vehicles and shall provide minimum clearance for vehicles utilized by the solid waste haulers. 7. The design and construction of recycling areas shall meet all applicable zoning setback requirements and shall not be located in any area required to be constructed or maintained unencumbered,according to any applicable federal, state, or local laws relating to fire, access,building, transportation, circulation, or safety. 8. Any recycling areas shall be located to be convenient to persons who deposit, • collect, and load the recyclable materials. Whenever feasible, areas for collecting and loading recyclable materials should be adjacent to, or developed in conjunction with, the solid waste collection areas. 9. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein should be posted adjacent to all points of direct access to the recycling area. 10. All areas for loading and collecting recyclable materials are subject to review by the Planning and/or Building Departments. (Ord. 95-2, February 22, 1995). p„ • Page 181 MASSAGE ESTABLISHMENTS Chapter 20.68 CHAPTER 20.68 MASSAGE ESTABLISHMENTS Sections: 20.68.005 Intent And 'Purpose. 20.68.010 Definitions. 20.68.020 Massage Establishments As An Accessory Use. 20.68.025 Massage Establishments As An Independent Use. 20.68.030 Amortization. 20.68.005 Intent And Purpose. It is the purpose of this Chapter to establish reasonable and uniform regulations which will serve to protect the health, safety, peace, morals, comfort or general welfare of the community by dispersing the location of massage establishments, as defined herein,thereby preventing their continued concentration within certain noncommercial areas of the City of Newport Beach and by establishing specific Zoning Districts in which such establishments shall be permitted, • It is the intent of this Chapter that the regulations be utilized to promote operation of legitimate massage services, and to prevent problems of blight and deterioration which accompany and are brought about by large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. (Ord. 92-2, March 25, 1992). 20.68.010 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. "Massage Establishment" shall mean any business conducted within the City of Newport Beach where any person, for money or any other consideration, administers to another person a massage as defined in Section 5.50.010 of the Newport Beach Municipal Code. B. "Establishment" shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any 'massage establishment' use, the expansion of any existing business, the alteration or enlargement of any existing business, or any of the uses within such a business, or any addition to existing uses within an existing business. (Ord. 92-2, March 25, 1992). 20.68.020 Massage Establishments As An Accessory Use. A massage establishment which is operated as an accessory use in conjunction with an approved health club, athletic club, gym, or hotel which is or will be operated pursuant to an approved use permit; or in conjunction with a medical office or chiropractic office which is regulated by State law, shall be permitted in any District where the primary use is Page 181-1 MASSAGE ESTABLISHMENTS Chapter 20.68 permitted. For the purpose of this Section, an accessory use shall mean a use which is not more than twenty-five percent of the floor area of the related health or athletic activities of the primary use. (Ord. 92-47, December 9, 1992; Ord. 92-2, March 25, 1992). 20.68.025 Massage Establishments As An Independent Use. A massage establishment which operates as an independent use, shall be permitted in the C-0, C-1, C-2' Districts, M-1-A District, RMC, RSC, and APF Districts, Commercial areas of P-C Districts and commercial areas of the SP-4 (Newport Shores Specific Plan) and SP-5 (Mariner's Mile Specific Plan) Districts, subject to the securing of a Use Permit in each case, and provided further that such establishment conforms to the following: A. Location Requirements. Notwithstanding any other provision of the Newport Beach Municipal Code, no use permit shall be approved by the City of Newport Beach for any massage establishment if the proposed site is located: 1. Within 500 feet of any public or private school, park or playground, civic center, cultural site or church site; or 2. Within 500 feet of any other massage establishment site. B. Waiver of Location Restrictions. Any property owner or his authorized agent may apply for a waiver of the location restrictions contained in this Section. The Planning Commission, after a public hearing, or City Council on appeal or review, may waive any location restriction, if all the following findings are made: 1. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Section will be observed; and 2. The proposed use will not enlarge or encourage the development of an urban blight area; and 3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; and 4. The use at the proposed location will not adversely affect the use of a place used exclusively for religious worship,school,park or playground; and Page 181-2 MASSAGE ESTABLISHMENTS Chapter 20.68 5. All applicable regulations of this Newport Beach Municipal Code will be observed. (Ord. 93-1, April 7, 1993; Ord. 92-46, December 9, 1992; Ord. 92-2, March 25, 1992). 20.68.030 Amortization. Any massage establishment as defined in this Chapter which was lawfully in existence as of the effective date of this Ordinance which does not comply in whole or in part with the provisions of this Chapter, shall be terminated or otherwise be brought into full compliance within one year of the effective date of this Ordinance. For those establishments which cannot be brought into compliance with these provisions because they are not in an approved district, the use may be extended for only one additional period of time, to be established by the Planning Commission, upon a showing by the applicant that,such extension is reasonably necessary to permit the owner of the massage establishment to amortize or otherwise recover any along term investment in the massage establishment. Any request for an extension of the one year amortization period must be made in writing by the owner of the massage establishment to the Planning Commission by filing a request with the secretary of the Planning Commission not later than sixty (60) days prior • to the end of the one year period provided for in this Section. The Planning Commission may grant an extension of up to one additional year if the business is otherwise in compliance with all other applicable provisions of law, and upon a showing by the applicant: A. That the business involves a substantial financial investment in real property, improvements or stock in trade, or B. The business is subject to a written long term lease entered into prior to January 14, 1991 with a termination date extending beyond one year from the effective date of this Ordinance, or C. Other factors establishing the nature of the business is such that the business cannot be easily relocated. (Ord. 92-2, March 25, 1992). Page 182 LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE Chapter 20.69 CHAPTER 20.69 LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE Sections: 20.69.010 Intent 20.69.020 Definitions 20.69.030 Coastal Residential Development Permit Required. 20.69.035 Exemptions 20.69.040 Application for a CRDP - Fee. 20.69.050 Affordable Housing Requirement 20.69.060 Affordable Housing Agreement 20.69.070 Public Hearing - Notice 20.69.080 Appeal 20.69.090 Right Of Review 20.69.010 INTENT. The City of Newport Beach is responsible for the administration of provisions of State Law relative to the demolition, conversion and construction of low and moderate income dwelling units within the Coastal Zone. These provisions of State Law are contained in Article 10.7 of the California Government Code, Section 65590 et.seq. This Chapter establishes a permit requirement for certain activities involving dwelling units within the Coastal Zone. The permit shall be known as a Coastal Residential Development Permit (CRDP). The purpose of the CRDP is to ensure compliance with State Law by maximizing low and moderate income housing opportunities within the Coastal Zone of Newport Beach. (Ord. 89-36, Dec. 13, 1989). 20.69.020 DEFINITIONS. As used in this Chapter, the following terms shall have the meanings indicated: (a) Conversion - Conversion means a change of a dwelling unit to a condominium, cooperative, or a similar form of ownership; or a nonresidential use. (Ord. 89-36, Dec. 13, 1989). Page 182-1 LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE Chapter 20.69 40 20.69.030 COASTAL RESIDENTIAL DEVELOPMENT PERMIT REQUIRED. A CRDP is required in order to conduct any of the following activities within the Coastal Zone: (1) The demolition or conversion of it or more dwelling units in two or more structures; or (2) The demolition or conversion of 3 or more dwelling units in one structure; or (3) The construction of 10 or more new dwelling units. (Ord. 89-36, Dec. 13, 1989). 20.69.035 EXEMPTIONS. The following activities are exempt from the requirement of a CRDP: (1) The demolition or conversion of a residential structure for the purpose of a nonresidential use which is either "coastal dependent," as defined in Section 30101 of the Public Resource Code, or "coastal related; as defined in Section 30101.3 of the Public Resources Code. The "coastal dependent' or "coastal related" uses must be consistent with the provisions of the City of Newport Beach's Local Coastal Program Land Use Plan. (2) The demolition of any residential structure which has been declared to be a public nuisance under the provisions of Division 13 (commencing with Section 17000) of the Health and Safety Code. (3) The reconstruction of any nonconforming building damaged by fire, earthquake or other calamity when a use permit is not required pursuant to Section 20.83.060.(Ord. 89-36, Dec. 13, 1989). 20.69.040 APPLICATION FOR A CRDP - FEE. Applications for a CRDP shall be filed in the Planning Department in writing on forms prescribed by the Planning Director. The application shall be accompanied by an application fee and an administration fee based on the projected number of low or moderate income dwelling units to be provided. Should the actual number of low and moderate income dwelling units differ from that projected a refund shall be made or an additional fee shall be collected. When a feasibility study is conducted the total cost of the study plus a processing fee shall also accompany the application. These fees shall be established by resolution of the City Council. The application fee shall be a single flat fee based on the cost of processing a CRDP. The administration fee shall be per low and moderate income dwelling unit based on the cost of administering an affordable housing requirement. The feasibility study processing fee shall be a percentage of the total feasibility study cost and shall be based on the cost of processing a study. Page, 182-2 LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE Chapter 20.69 Application for a CRDP may be signed by the property owner or owners, a lessee or lessees possessing an appropriate lease, or an agent with written authorization from the owner of the property affected.(Ord. 89-36, Dec. 13, 1989). 20.69.050 AFFORDABLE HOUSING REQUIREMENT. When demolition or conversion activities involve dwelling units occupied by persons and families of low and moderate income, replacement units shall be provided on a one for one basis. A feasibility study shall be required for new dwelling unit construction of 10 or more units when low and moderate income dwelling units are not proposed at the affordability standards contained in the Housing Element of the Newport Beach General Plan. The test of feasibility shall be initially conducted at the Housing Element standard and then at progressively higher standards contained in State Health and Safety Code Section 50093.(Ord. 95-6, April 12, 1995; Ord. 89-36, Dec. 13, 1989). 20.69.060 AFFORDABLE HOUSING AGREEMENT. The City and owner of the low and moderate income dwelling units provided shall enter into an affordable housing agreement governing the dwelling units and that agreement shall be recorded against the property.(Ord. 89-36, Dec. 13, 1989). 20.69.070 PUBLIC HEARING-NOTICE. A public hearing shall be held before the Modifications Committee for all CRDP requests involving condominium conversions of 3 or 4 dwelling units, or conversions of 5 to 15 dwelling units that do not require a Tentative Tract Map, in accordance with the provisions of Chapters 20.73 and 20.81. A public hearing shall be held before the Planning Commission on all other CRDPs. A CRDP shall not become effective for fourteen (14) days after being granted. If an appeal is filed or the City Council exercises its right of review the CRDP shall not become effective until a decision granting the CRDP is made by the City Council. The Modifications Committee shall give notice of the Public Hearing in the same manner as prescribed in Section 20.81.040 for all CRDPs reviewed by the Modifications Committee. Notice of all other Public Hearings shall be mailed to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property for all other CRDPs. These notices shall be mailed not less than ten (10) days before the hearing date. The notices shall be postage paid and use addresses from the last equalized assessment roll or from other records, acceptable to he City, that have more recent addresses. It is the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of the property owners as required by this section. In addition to the mailed notice the subject property shall be posted in not less than two (2) conspicuous places on or close to the property not less than ten(10) days prior to the public hearing. • Page 182-3 IOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE Chapter 20.69 When low and moderate income dwelling units are proposed for an off-site location the notice and posting requirements shall also apply to the property upon which the low and moderate income dwelling units are to be located. Additional notice need not be give if a public hearing is continued at the public hearing noticed and if the date of the continued hearing is announced in open meeting. (Ord. 95-6, April 12, 1995; Ord. 89-36, Dec. 13, 1989). 20.69.080 APPEAL. If the applicant,any other person,firm or corporation is not satisfied with the action of the Modifications Committee they may appeal the action in the same manner as prescribed in Section 20.81.070. If the applicant, any other person, firm or corporation is not satisfied with the action of the Planning Commission the action may be appealed to the City Council by filing a written notice of appeal with the City Clerk within fourteen (14) days after the Planning Commission action. The notice of appeal shall be accompanied by a fee established by resolution of the City Council. The appeal fee shall be based on the cost of processing the appeal. The City Clerk shall set a public hearing date for the appeal and give notice in the manner specified in Section 20.69.070. The City Clerk shall also notify the appellant, the applicant when different than the appellant and the Planning Commission of the date set for the Public Hearing. Upon receiving notice of the appeal to the City Council, the Planning Director shall submit a written report of the Planning Commission proceedings, including all maps, letters, exhibits and other documentary evidence considered by the Planning Commission in reaching a decision to the City Clerk. (Ord.95-6,April 12, 1995, Ord. 89-36, Dec. 13, 1989). 20.69.090 RIGHT OF REVIEW. All Actions of the Modifications Committee may be reviewed consistent with the provisions of Section 20.81.070(F). The City Council, on its own motion, adopted by four affirmative votes, may elect to review any decision of the Planning Commission granting a CRDP. The City Council's right of review may be exercised at any time prior to the expiration of twenty-one (21) days from the date on which the Planning Commission takes its action. In any CRDP proceeding in which the City Council exercises its right of review, the City Clerk shall set a public hearing date and give notice in the manner specified in Section 20.69.070. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission proceedings, including all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision to the City Clerk. (Ord. 95-6,April 12, 1995;Ord. 89 36, Dec. 13, 1989). Page 183 AUTOMOBILE SERVICE STATIONS Chapter 20.70 Chapter 20.70 AUTOMOBILE SERVICE STATIONS Sections: 20.70.010 Intent. 20.70.020 Definitions. 2030.030 Use Permit Required. 20.70.040 Application Contents. 20.70.050 Activities and Operations Permitted. 20.70.060 Development Standards for New Service Stations. 20.70.070 Existing Structures and Uses. 20.70.080 Discontinued Use. 20.70.090 Appeal. 20.70.010 INTENT. In order to promote and preserve the public health, safety, convenience, general welfare and general prosperity, it is the intent of this ordinance that automobile service stations shall not create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development and redevelopment of the surrounding area as reflected by the General Plan, Zoning Regulations or specific plans approved by the City. (Ord. 1411 § 3 (part), 1972). 20.70.020 DEFINITIONS. As used in this chapter,the following terms shall have the meanings indicated: (a) Automobile Service Station - The term "Automobile Service Station" shall mean a retail place of business engaged in the sale of fuel and servicing of motor vehicles,including those activities and operations as specified in Section 20.70.050, but excluding major automobile repairs. (b) Major Automobile Repairs-The term"Major Automobile Repairs"shall mean any extensive work involving the disassembly and/or overhaul of the engine, clutch, transmission or differential. Also, body, frame and fender repair, painting,welding,upholstery work,tire recapping,glass replacement or similar activities shall be considered as major repair work. (Ord. 1411 § 3 (part), 1972). Page 184 AUTOMOBILE SERVICE STATIONS Chapter 20.70 20.70.030 USE PERMIT REQUIRED. Automobile service stations may be permitted in the C-N, C-O, C-1, C-2, M-1, M-1-A, RMC, RSC, and U Districts, subject to the requirement of a use permit for each development. The procedure governing the issuance of all use permits for such developments shall be governed by the provisions of this chapter and Chapter 20.80, entitled "PERMIT'S." (Ord. 92-46, December 9, 1992; Ord. 1411 § 3 (part), 1972). 20.70.040 APPLICATION CONTENTS. An application for an automobile service station shall be in the form of a use permit application and shall be accompanied by the following information, maps and plans: (a) A plot plan of the property, drawn to scale, showing location of all buildings, canopies, on-site access and drives, pump islands, storage facilities, planting areas, exterior lighting standards, signs, walls, parking spaces, enclosed trash areas, curb cuts and driveway approaches, (b) Elevations, drawn to scale, including all building and sign faces and materials, textures and colors. (c) A grading plan, indicating how the property is to be graded and drained. (d) A landscape and irrigation plan showing the size, location and variety of plant materials to be used,including the botanical and common plant names of each, and the location, type and design of all irrigation systems. (e) Such other plans, drawings and information as the Director of Community Development reasonably may require. (Ord. 1411 § 3 (part), 1972). 20.70.050 ACTIVITIES AND OPERATIONS PERMITTED. Activities and operations shall be subject to the following restrictions: (a) In addition to the dispensing of gasoline, oil, air and water, the following operations are permitted uses when conducted entirely within a building without the use of an open flame and in such manner so as not to be a nuisance or of detriment to the occupants of adjacent properties: 1. Changing of engine oil and filters. 2. Lubrication of motor vehicle chassis. 3. The cleaning of component parts. 4. Brake adjustment and replacement. 5. Mechanical or hand car washing and detailing shall be permitted provided that it is conducted in such manner so as not to be a nuisance or a detriment to the occupants of adjacent properties. Page 185 AUTOMOBILE SERVICE STATIONS Chapter 20.70 6. Front-end alignments (unless facilities exist outside the building on the effective date of this ordinance). 7. Soft drinks, candy and cigarettes sold via dispensers at stations constructed subsequent to the enactment of this ordinance. (b) The dispensing of gasoline, oil, air and water from pump islands, and the following activities and items offered for sale or rent are permitted outside of a building: 1. Six (6) rental trailers having maximum bed dimensions of 6 ft. x 10 ft. each, only provided such use was in existence on the effective date of this ordinance. The location and screening of trailer storage shall be approved by the Planning Director. 2. Automobile rental, provided that the automobiles are not parked on public streets. 3. Tire display as follows: One (1) rack containing not more than a number equivalent to four (4) tires per pump island, plus not more than • four (4) tires, in racks, on each pump island. There shall be a maximum display of not more than twenty (20) tires. 4. Trash areas, enclosed by walls, to be integrated with the design of the service station. 5. Public telephones, provided they are well lighted, are in a location which is visible from the street, and are accessible on a twenty-four hour basis. ° 6. Any testing or servicing of automobiles which necessitates a running engine. 7. The sale and installation of batteries and minor automotive accessories. 8. The sale, mounting and repair of tires. 9. The testing;adjustment and replacement of parts. 10. The sale of soft drinks, candy, cigarettes, ice and similar items via dispensers at stations constructed prior to the enactment of this ordinance. 11. The servicing of air-conditioners. 12. The servicing of air pollution control devices. 13. Lamp adjustment. (c) Operating provisions shall include the following restrictions: . 1. Parking on site is prohibited except for such vehicles as are in the process of being serviced,those belonging to employees,those belonging to customers .using a rest room, and service trucks owned by the Page 186 AUTOMOBILE SERVICE STATIONS Chapter 20.70 establishment. Rental cars and trailers may be parked on site subject to the provisions of Section 20.70.050(b)(1) and (2). 2. No vehicle waiting for service shall be parked for a period longer than twenty-four (24) hours on the station site unless in the process of being serviced. No vehicle shall be considered to be in the process of being serviced for a period longer than one (1) week. 3. Gasoline tanker trucks shall not obstruct the public right-of-way during delivery. (Ord. 91-49, February 12, 1992; Ord. 1411 § 3 (part), 1972). 20.70.060 DEVELOPMENT STANDARDS FOR NEW SERVICE STATIONS. The following development standards shall apply to all automobile service stations constructed on new sites subsequent to the effective date of this ordinance and to remodeling or rebuilding existing stations as provided in Section 20.70.070(d). (a) Location-All service station sites shall front on streets designated as major, primary or secondary on the City Master Plan of Streets and highways unless the sites are part of or in conjunction with developments such as shopping centers in residential areas. (b) Site Size - The site shall be of sufficient size and configuration to satisfy all requirements for off-street parking,setbacks, curb cuts,walls, landscaping and storage as provided in this chapter. (c) Parking -A minimum of five (5) parking spaces for each service bay shall be provided. Establishments which do not include service bays shall provide a minimum of four (4) parking spaces. All such parking spaces shall be marked clearly and shall meet all City codes and standards as to size and accessibility. (d) Setbacks - All buildings shall be set back from interior property lines a minimum of eighteen(18) feet and exterior property lines a minimum of thirty (30) feet except that pump islands may be located a minimum of twenty (20) feet from all exterior property lines, and pump island canopies may project to within five (5) feet of exterior property lines. On-site driveways all should be a minimum of twenty-five(25)feet for two-way traffic or eighteen (18) feet for one-way circulation. (e) Access - Driveways shall be so designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb. All driveways shall be located and constructed according to the City of Newport Beach Driveway Approach Policy. Page 187 AUTOMOBILE SERVICE STATIONS Chapter 20.70 Driveways for service stations which are developed as part of or in conjunction with adjacent uses shall be located as part of the total circulation element of such adjacent uses. Provisions for on-site stacking lanes shall be made. (f) Utilities - All utilities shall be installed underground within the exterior property lines of the site. (g) Drainage - All drainage to the street shall be by underground structures to avoid drainage across City walks or drive aprons, and shall be subject to approval by the Director of Public Works. (h) Architectural Design - The siting and architectural design of a service station building shall be, at a minimum, compatible with existing or planned improvements and the character of the area in which it is to be located. Unique design concepts are encouraged. (i) Landscaping- At least fifteen (15)percent of the site shall be landscaped with • plant materials designed to provide beautification and screening. Planting areas shall include but not be limited to the following: 1. Five-foot wide planters between driveway approaches, separating pump island for their entire length from the sidewalk or public right-of-way. 2. A planting area at the "exterior" corner of the site from curb cut to curb cut at the intersection. 3. A series of tree wells, each located a maximum distance of thirty (30) feet on center along all interior property lines, having a minimum inside dimension of four (4) feet to any one side of the planting area and containing at least one fifteen(15) gallon tree of an approved variety. Plant materials shall be chosen for their screening qualities, beauty and durability. Plantings shall include a mixture of trees, shrubs and groundcovers. City parkway areas shall be provided with groundcover and street trees as per City standards. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. Page 187-2 AUTOMOBILE SERVICE STATIONS Chapter 20.70 d specifications shall be Landscape planting and sprinkler irrigation laps an sp P P 8 P 8 P submitted by the applicant and approved by the Community Development Director prior to the issuance of a building permit. (j) Perimeter Walls - Service station sites shall be separated from abutting residentially-zoned property or property used for residential purposes by six-foot high masonry walls utilizing materials similar in color, module and texture to those utilized in the building. Such was shall be reduced to three (3) feet in height within adjacent street setback areas. Such was need not be installed when building walls or other acceptable walls already exist on such property lines. (k) Lighting - All lighting fixtures shall be located so as to shield direct rays from adjoining properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed a height of greater than twenty (20) feet above finished grade. (1) Signs in accordance with Chapter 20.06. (m) Rest Rooms - One metes rest room and one wometfs rest room shall be • provided to the general public during all hours of operation. All rest rooms with exterior entrances shall be located to the side or rear of the building with all entrances screened from public view by landscaping or a six (6) foot high wall of materials in harmony with those utilized in the building. (n) Storage - All products and merchandise, except as permitted in Section 20.70.050(b), shall be stored within the main building. (o) Dispensing Machines - If dispensing machines are used, space shall be provided inside the building for any machines to be used for the dispensing of soft drinks, candy, cigarettes, ice and similar items. (p) Additional Requirements -It shall be required as a condition of a use permit that the grantee provide the oil company, the property owner and/or lessee each with a copy of the conditions embodied on the permit, and receive a i ten receipt therefore so that there shall be no person operating the written p P P g inremises who is not aware of the conditions of operation. If, during any spection of the premises, the City shall find violations of the requirements of the use permit, it shall notify both the oil company and the operator of the station in order to assure compliance. (Ord. 95-38,October 11, 1995; Ord.91- 49, February 12, 1992; Ord. 1753 $ 27, 1977; Ord. 1411 § 3 (part), 1972). Page 187-2 AUTOMOBILE SERVICE STATIONS Chapter 20.70 20.70.070 EXISTING STRUCTURES AND USES. The provisions of Chapter 20.83 entitled 'Nonconforming Structures and Uses; shall be applicable to automobile service stations as defined in this chapter, except as amended by the following regulations: (a) Existing Uses - Cessation of Use - The lawful use of land or building or both or the purpose of operating an automobile service station, which use is in existence on the effective date of this Chapter, may be continued without compliance with the requirements of a use permit provided that, if any such use shall cease for a continuous period of six (6) months, such use shall be considered abandoned and the Planning Commission shall have the authority to require the property owner to remove all existing structures from the site or obtain a use permit pursuant to Section 20.70.040 of this Chapter. (b) Restoration of Damaged of Destroyed Building - Any building in use as an automobile service station on the effective date of this Chapter which is damaged or destroyed by fire, explosion, earthquake or other act, to an extent of seventy five (75) percent of the appraised value thereof, according to the assessment by the assessor for the fiscal year during which such destruction • occurred, may not be restored without the requirement of a use permit. (c) Maintenance, Repairs and Structural Alterations - Maintenance, repairs and structural alterations can be made to any building in use as a gasoline service station on the effective date of this Chapter provided that such maintenance, repair or structural alteration does not exceed, in any consecutive twelve (12) month period, fifteen (15) percent of the value of the improvements as determined by the assessed valuation. Structural alterations exceeding fifteen (15) percent of the appraised value will require a use permit. (d) Remodeling or Rebuilding-Any service station being remodeled or rebuilt to an extent requiring a use permit shall be designed so as to comply as nearly as possible with the standards for service stations on new sites set forth in Section 20.70.060;taking into consideration size of the property,location of the existing structure, and other similar constraints. (Ord. 1411 § 3 (part), 1972). 20.70.080 DISCONTINUED USE. Notwithstanding anything to the contrary in this Chapter, if any service station is abandoned for a period of six (6) consecutive months, the Planning Commission, after public hearing, shall have the authority to revoke the use permit and may require the property owner to remove all existing structures from the site. (Ord. 1411 § 3 (part), 1972). 20.70.090 APPEAL. A. INITIATION OF APPEAL. In case the automobile service station operator is not satisfied with the action of the Community Development Page 187-3 AUTOMOBILE SERVICE STATIONS Chapter 20.70 ` Director in any case requiring the Director's approval, he may appeal in writing to the Planning Commission by filing a Notice of Appeal with the Secretary of the Planning Commission within five (5) days following the decision of the Director of Community Development, as provided in Section 20.85.010 of the Newport Beach Municipal Code. B. DECISION. Upon receiving Notice of Appeal to the Planning Commission, the written findings of the Director of Community Development shall be submitted to the Planning Commission together with all maps, letters, exhibits, and other documentary evidence considered by the Director of Community Development in reaching his decision. The Planning Commission shall render its decision within thirty (30) days after the hearing of the appeal. C. APPEAL TO THE CITY COUNCIL. In case an applicant is not satisfied with the action of the Planning Commission on his appeal, he may within twenty-one (21) days appeal in writing to the City Council, as provided in Chapter 20.85 of the Newport Beach Municipal Code dealing with appeals. (Ord. 91-49,February 12, 1992, Ord. 1411 §3 (part), 1972). A Page 188 OIL WELLS Chapter 20.71 O I L W E L L S Chapter 20.71 OIL WELLS Sections: 20.71.010 Drilling Restricted - Designated Area. 20.71.020 Election Required for Permitted Area Alteration - Intent and Purpose. 20.71.030 Fire Prevention. 20.71.040 Creating Nuisance Prohibited. 20.71.050 watchman Required. 20.71.010 DRILLING RESTRICTED - DESIGNATED AREA. No person shall erect or construct oil drilling derricks or oil drilling equip- ment within the City, or shall drill from the surface or by subterra- nean drilling, for oil, petroleum, tar, gas or other hydrocarbon substances within the City, or shall build or establish refineries for the purpose of refining petroleum, oil, gas, tar or other hydrocarbon substances within the City; except, that it shall be lawful under the provisions hereof to drill for oil, petroleum, tar. , gas or other hydrocarbon substances by slant drilling or subterranean drilling in and under the area hereinafter described; provided, that the drilling sites shall be located outside of the City limits and that such drilling shall be at a vertical depth of at least 400 feet below the ground surface within the area mentioned and hereafter described. That the area in the City in which slant drilling or subterranean drilling shall be permitted, under the terms hereof, is described as being: All that area lying northwesterly of the southeasterly line of 53rd Street, and the northeasterly and southwesterly prolongations of the southeasterly line of 53rd Street, as 53rd Street is laid out and shown upon a map of Ocean Front Tract, recorded in Book 4, Page 12 of Miscellaneous Maps, Records of Orange County, California, and a map of River Section, recorded in Book 4, Page 25 of Miscellaneous Maps, Records of Orange County. (1949 Code 4 9124) . 20.71.020 ELECTION REQUIRED FOR PERMITTED AREA ALTERATION - '� INTENT AND PURPOSE. Any proposed change in or' expansion of the area within the City of Newport Beach in which slant drilling or subterra- nean drilling is allowed by Section 20.71.010 shall first be submitted to the qualified electors of the City of Newport Beach for approval or Page 189 OIL WELLS Chapter 20.71 disapproval. If a majority of the qualified electors vote in favor of such a question, then and only then shall the City Council have the power to act on such question. This section shall apply only to the boundaries of the City of Newport Beach as they exist on April 13, 1954, together with any territory in the process of annexation on said date. This section shall not apply retroactively to any drilling operation or contract entered into prior to the effective date of this section. It is specifically declared that it is the intention of this section that it shall apply solely to the question of a change in or expansion of the area in which slant or subterranean drilling is permitted and shall not apply to any other question involving the drilling for or production of oil, gas or other hydrocarbon substances within or under the City of Newport Beach, or its tide and submerged lands. (1949 Code 5 9124.1 added by Ord. 715; April 30, 1954) . 20.71.030 FIRE PREVENTION, Every person who was at the effective date of Ordinance 372 conducting, carrying on, maintaining or engaging in any of the businesses designated in Section 20.71.010, and who continues such operation, shall conduct the same so as to prevent fire hereby or therefrom which may endanger, injure or destroy the property of any person within the City. (1949 Code S 9125) . 20.71.040 CREATING NUISANCE PROHIBITED. No person shall conduct within the City any of the businesses enumerated in Section 20.71.010 in such manner that the noise, smell, odor or gas produced thereby obstructs the free use and enjoyment by others of their property. No person shall permit any of the businesses enumerated in Section 20.71.010 to become offensive to the senses or to permit the same to interfere with the complete enjoyment of life or property by others. (1949 Code 5 9126 and S 9127) . 20.71.050 WATCHMAN REQUIRED. No person shall permit or allow a standing derrick or other oil drilling equipment upon any lands within the City without a watchman in constant charge and attendance, and the leaving of any well, whether in operation or not, without a watchman in constant charge and attendance, shall be and constitute a nuisance within the meaning of this Chapter, which nuisance may be abated. (1949 Code 5 9128) , Page 190 v RESTAURANTS .• Chapter 20.72 Chapter 20.72 RESTAURANTS Sections: 20.72.010 Definitions. 20.72.015 Specialty Food Service. 20.72.018 Accessory Outdoor During. 20.72.020 Use Permit Required. 20.72.030 Application Contents. 20.72.040 Site. 20.72.050 Setbacks. 20.72.060 Parking and Traffic Control. 20.72.070 Walls. 20.72.080 Landscaping. 20.72.090 Lighting. 20.72.100 Signing. 20.72.110 Utilities. 20.72.120 Storage. 20.72.130 Modification or Waiver of Requirements. • 20.72.140 Additional Requirements. 20.72.150 Nonconforming Structures and Uses. 20.72.010 DEFINITIONS. As used in this chapter the following terms shall have the meanings indicated: A. RESTAURANT. The term "restaurant" shall mean a place of business with the principle purpose to sell or serve food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than twenty-five percent (259o) of the net public area may be permitted out-of-doors on a patio, deck or terrace that is integrated into the building design, and where the area devoted to live entertainment and/or dancing does not exceed twenty percent (20%) of the "net public area." For purposes of Section 20.72.020 through 20.72.050, inclusive, and for purposes of Section 20.72.070 through 20.72.150, inclusive, the term"restaurant" shall include "drive-in," "take-out" and "outdoor" restaurants. The term "restaurant" does not include the following: 1. A specialty food service; • 2. A specialty grocery store or supermarket which devotes twenty-five percent (25%) or less of its gross floor area to the sale or preparation of food products or beverages for consumption on-site or in the immediate area. Page 191 RESTAURANTS Chapter 20.72 3. A bar or a theater/nightclub as defined herein B. OUTDOOR RESTAURANT. The term "outdoor restaurant" shall mean a place of business which sells or serves food products or beverages for consumption on the premises where such place of business is located, and which provides for, or permits consumption of, such food products or beverages out-of-doors other than on an incidental basis. C. DRIVE-IN AND TAKE-OUT RESTAURANT, The terms "drive-in," and "take-out"restaurants shall mean a place of business which sells food products or beverages and which: 1. Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter or similar method or device; or 2. Delivers such food products or beverages to customers within a building which is designated in such a manner that a majority of the customers will remove such food products or beverages from the building for consumption. D. SPECIALTY FOOD SERVICE. The term "specialty food service" shall mean a place of business that sells a limited variety of food products and/or beverages likely to be quickly consumed, with a gross floor area of 2,000 square feet or less, (including outdoor seating areas), seating and/or stand-up counter space for no more than twenty (20) customers, and which strictly conforms with all of the following: 1. No alcoholic beverages are served or consumed on the premises; 2. No live entertainment or dancing is provided. Any use which does not strictly conform to the provisions of this Section shall be considered a restaurant and otherwise subject to the provisions of this Chapter. E. BAR. The term "bar" shall mean a place of business with the principle purpose to sell or serve alcoholic beverages for consumption on the premises and may include live entertainment and/or dancing as accessory uses to the primary sale and service of alcoholic beverages, provided further that such live entertainment and/or dancing shall occupy less than twenty percent (209o') of the "net public areal' F. THEATER/NIGHTCLUB. The term"theater/nightclub"shall mean a place of business with the principle purpose to conduct live entertainment and/or dancing and may include the sale and service of food and/or beverages as an accessory use to the primary use of live entertainment and/or dancing. Page 194-4 RESTAURANTS Chapter 20.72 20.72.040 SITE. The site shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and refuse storage as provided in this Chapter. (Ord. 1202 § 3 (part), 1967). 20.72.050 SETBACKS. The Planning Commission may establish setbacks more restrictive than those required by the regulations for the zoning district in which the proposed use would be located if it determines they are necessary or desirable for the protection of the public health, safety and welfare or to insure compatibility with uses on contiguous properties. (Ord. 1202 §3 (part); February 14, 1967). 20.72.060 PARKING AND TRAFFIC CONTROL. A. OFF-STREET PARKING. Off-street parking for restaurants, outdoor restaurants, bars and theater/nightclubs shall be as specified below. Based upon the following considerations, the Planning Commission or City Council on appeal shall establish the parking requirement for a restaurant bar, or theater/nightclub within a range of one • space for each 30 to 50 square feet of net public area: 1. The physical design characteristics of the use including: a. The portion of net public area designated for dining, cocktails or dancing. b. The number of tables or seats and their arrangement. C. Other areas that should logically be excluded from the determina- tion of net public area. d. The parking lot design, including the use of small car spaces, tandem and valet parking. e. Availability of guest dock space for boats. f. Extent of outdoor dining. 2. Operational characteristics, including: a. The amount of floor area devoted to live entertainment or dancing. • b. The amount of floor area devoted to the sale of alcoholic beverages. C. The presence of pool tables,big screen televisions or other attractions. Page 194-5 RESTAURANTS Chapter 20.72 d. The hours of operation. 3. The location of the restaurant: a. In relation to other uses and the waterfront. b. Availability of off-site parking nearby. C. Amount of walk-in trade. d. Parking problems in the area at times of peak demand. If during the review of the use permit, the Planning Commission or City Council on appeal uses any of the preceding considerations as a basis for establishing the parking requirement, the substance of such considerations shall become conditions of the use permit and a change to any of these conditions will require an amendment to the use permit, which may be amended to establish parking requirements within the range as noted above. B. OFF STREET PARKING for drive-in and take-out restaurants shall be: One parking space for each 50 square feet of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages. In addition, one parking space shall be provided for each employee on duty, with the number of such spaces to be based on peak employment. C. CURB CUTS, The size and location of curb cuts for driveways shall be determined by standards on file in the Department of Public Works. D. CIRCULATION. Parking areas and driveways shall be arranged so that a free flow of vehicular traffic and adequate site clearances are permitted at all time. If the Traffic Engineer determines that there is a need to accommodate vehicles waiting for service, a reservoir parking area for standing vehicles shall be provided in additional to the other required parking and driveways area. E. For purposes of this Chapter "Net Public Area" shall be defined as the total area of the restaurant bar or nightclub/theater excluding kitchens, restrooms, offices pertaining to the use only, and storage areas. (Ord. 95-30, Sept. 13, 1995; Ord. 89-35,Dec.27, 1989; Ord. 1201 §3 (part),February 14, 1986; Ord. 85-17, October 23, 1985). 20.72.070 WALLS. On property occupied by a restaurant, a solid masonry wall 6 feet in height shall be erected on all interior lot lines, said wall to be reduced to 3 feet in height within any required front yard setback area or within 15 feet of the corner of any intersecting street or Page 194-6 RESTAURANTS Chapter 20.72 alley right-of-way. Walls 3 feet in height shall be erected between on-site parking areas and public rights-of-way. (Ord. 89-35, Dec. 27, 1989; Ord. 1202 § 3 (part), February 14, 1986). 20.72.080 LANDSCAPING. On property occupied by a restaurant, not less than 10 percent of the total site area shall be devoted to landscaped planting area, including: (a) A planting area with a width of 3 or more feet between street side property lines and walls screening parking facilities. (b) A planting area with a width of 3 or more feet adjacent to interior property lines. All such planting areas shall be separated from vehicular or pedestrian paved areas by 6-inch-high concrete curbing. The bumper stops shall be installed and located in such a manner as to preclude parked vehicles from overhanging such planting areas. All planting areas shall be provided with a permanent sprinkler irrigation system and hose bibs for supplemental watering. (Ord. 89-35, Dec. 27, 1989; Ord. 1202 § 3 (part), February 14, 1967). • 20,72.111 LIGHTING. On property occupied by a restaurant, all parking areas shall be illuminated by lighting with minimum intensity in any location of 2 foot-candles and an average intensity of 5 foot-candles. The lighting system shall be designed to minimize the reflection of light to streets and properties adjoining the restaurant site. No lighting standard shall exceed a height of 10 feet from the finished grade of the restaurant site. (Ord. 89-35, Dec. 27, 1989; Ord 1202 § 3 (part), 1967). 20.72.100 SIGNING. All signs shall conform to the provisions of Chapter 20.06. (Ord. 85-17, October 23, 1985; Ord. 1753 § 28, 1977; Ord. 1202 § 3 (part), 1967). 20.72.110 UTILITIES. All utility services on a restaurant site shall be installed underground. (Ord. 1202 § 3 (part), 1967). 20.72.120 STORAGE. A. SUPPLY STORAGE. All facilities for storage of supplies shall be located within • a building. B. REFUSE STORAGE. Any refuse storage area located outside of a completely enclosed building shall be surrounded by a solid masonry wall 6 feet in height with self-locking gates. (Ord. 1202 § 3 (part), 1967). Page 194-7 RESTAURANTS Chapter 20.72 20.72.130 MODIFICATION OF WAIVER OR REQUIREMENTS. Except as provided in Section 20.72.015, the Planning Commission, or City Council on review or appeal, may modify or waive any of the development standards contained in this chapter if strict compliance with the standards is not necessary to achieve the purpose of intent of the standard. (Ord. 89-35, Dec. 27, 1989; Ord. 85-17, October 23, 1985; Ord. 1202 § 3 (part), 1967). 20.72.140 ADDITIONAL REQUIREMENTS. The Planning Commission shall have the right to add additional conditions of approval in order to insure compatibility of the development with the surrounding area and the goals and objectives of the General Plan of the City. (Ord. 85-17, October 23, 1985; Ord. 1202 § 3 (part), 1967). 20.72.150 NONCONFORMING STRUCTURES AND USES. A. Except as provided in Section 20.72.020, the provisions of Chapter 20.83 shall be applicable to all types of restaurants. In the event of any conflict between the provisions of this Chapter and the provisions of Chapter 20.83, the provisions of this Chapter shall control. B. Maintenance, repairs, and structural alterations can be made as provided in Chapter 20.83, (Ord. 90-22, June 13, 1990; Ord. 85-178, October 23, 1985; Ord. 1202 § 3 (part), 1967). Page 195 RESIDENTIAL CONDO- MINIUM PROJECTS Chapter 20.73 RESIDENTIAL CONDOMINIUM PROJECTS Chapter 20.73 RESIDENTIAL CONDOMINIUM PROJECTS Sections: 20.73.005 Intent and Purpose. 20.73.010 Definitions. 20.73.015 Required Approvals. 20.73.020 Fees. 20.73.025 Standards - Condominium Coversion Projects. 20.73.030 Modification or Waiver of Development Standards. 20.73.035 Condominium Conversion Regulations, Vacancy Rate. 20.73.040 Existing Structures and Uses, Approved Plans. 20.73.045 Separability. 20.73.005 INTENT AND PURPOSE. The City Council finds and determines that residential condominium projects differ in many aspects from other types of construction and form of ownership and development. Therefore, these regulations are adopted to guide the development of new residential condominium projects and conversions of existing dwelling units to condominium projects. It is the intent of these regulations to provide a balanced mix between ownership and rental housing in order to assure the development of a variety of housing types to serve the needs of the community. 20.73.010 DEFINITIONS. The following terms used herein shall have the meanings indicated: A. CONDOMINIUM. The term"condominium" shall mean and include the following: A condominium project, as defined in Section 1350 of the Civil Code, containing two or more condominiums, as defined in Section 783 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy; a stock cooperative, as defined in Section 11002.2 of the Business and Professions Code, containing two or more separately owned lots, parcels or areas; or any other such project as defined by state law. In addition, for the purpose of this Chapter, development which offers own-your-own or fee ownership units, whereby the Page 196 RESIDENTIAL CONDO- MINIUM PROJECTS Chapter 20.73 individual owns land directly below the "footprint" of said unit, and all other land within the project is owned in common, shall be defined as a condominium. B. ORGANIZATIONAL DOCUMENTS. The term "organizational documents" shall mean the declaration of restrictions, articles of incorporation, by-laws and any contracts for the maintenance, management or operation of all or any part of a project. C. PROJECT. The term "project" shall mean the entire parcel of real property proposed to be used or divided, as land or airspace, into two or more units as a condominium. D. UNIT. The term "unit" shall mean the particular area of land or airspace that is designed, intended or used for exclusive possession or control of individual owners or occupier. E. VACANCY RATE. The term "vacancy rate" shall mean the number of vacant multiple dwellings being offered for rent or lease in the City of Newport Beach shown as a percentage of the total number of multiple dwellings offered for or under rental or lease agreement in the City. Said vacancy rate shall be as established once each year, in April, by survey of 15% of the City's rental units. (Ord. 1871 § 1, 1980). 20.73,015 REQUIRED APPROVALS. • A. Condominium projects may be permitted in any district in which residential uses are permitted, including Planned Communities. In Planned Community Districts, residential developments, all or part of which have been specifically designated as condominium projects on the approved Planned Community Development Plan, shall be permitted in accordance with the provisions of said plan. B. Condominium conversions shall be similarly permitted subject to securing a condominium conversion permit approved by the Modifications Committee in accordance with the provisions of Chapter 20.81 of the Newport Beach Municipal Code. C. The approval of a tentative and final tract map or parcel map shall be required for all new condominium projects, and for condominium conversion projects containing five (5) or more units in accordance with Title 19, of the Newport Beach Municipal Code. D. Condominium conversion projects containing less than five (5) units and which are located on a lot or parcel, or combination of lots or parcels, which were established in accordance with the provisions of Title 19 of the Newport Beach Municipal Code may be permitted without the approval of a parcel map,provided that the Modifications Committee approves a condominium conversion permit. Page 197 RESIDENTIAL CONDO- MINIUM PROJECTS Chapter 20.73 E. No persons shall construct a new condominium development, or convert an existing residential use to a condominium,within the City of Newport Beach without first complying with the provisions of this Chapter. If it is determined that a parcel map or tentative map and final map is required for a condominium conversion, the map shall not be required to be filed until a condominium conversion permit has been approved in accordance with the provisions of Section 20.73.015. This however, shall not preclude the concurrent processing of the map and the condominium conversion permit. (Ord. 94-47, November 9, 1994; Ord.87-37 § August 12, 1987) 20.73.020 CONDOMINIUM CONVERSION FEES. In addition to fees required by Chapter 20.81 and Chapter 19.12, condominium conversion applications shall be accompanied by a special Building Department inspection fee, established by resolution of the City Council for the purpose of identifying building safety violations within the project. (Ord. 94-47, November 9, 1994; Ord.87-37 § August 12, 1987) 20.73.025 STANDARDS-CONDOMINIUM CONVERSION PROJECTS. Condominium conversion projects, shall conform to the following, and the Modifications Committee, or the Planning Commission, and or the City Council, on.appeal or review, shall make specific findings as to such conformance in any action approving a condominium • conversion permit. A. Each dwelling unit shall maintain a separate water meter and water meter connection. B. That the number of off-street parking spaces that were required at the time of the original construction shall be provided on the same property to be converted to condominium purposes, and the design and location of such parking shall be in conformance with the provisions of Section 20.10.050 of this Title. However,under no circumstance shall there be less than one covered parking space per dwelling unit. C. That each dwelling unit within a building shall have a separate sewer connection to the City sewer. D. The applicant for a condominium conversion shall request a special inspection from the Building Department for the purpose of identifying any building safety violations. The applicant shall correct all identified safety violations prior to issuing a conversion certificate. E. Each sewer lateral shall be retrofitted/fitted with a clean out at the property line. F. That the existing electrical service connection shall comply with the requirements of Chapter 15.32 of the Newport Beach Municipal Code. G. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor or civil engineer unless otherwise provided by the Public Works Department. Page 198 RESIDENTIAL CONDO- MINIUM PROJECTS Chapter 20.73 . Installation of said lot stakes and tags shall require a Record of Survey pursuant to Section 8762 of the Land Surveyor's Act unless otherwise approved by the Public Works Department. H. The project shall be consistent with the adopted goals and policies of the General Plan,particularly with regard to the balance and dispersion of housing types within the City. L The establishment, maintenance or operation of the use or building applied for shall not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. (Ord. 94-47, November 9, 1994) 20,73.030 MODIFICATION OR WAIVER OF DEVELOPMENT STANDARDS. The Modifications Committee,by a majority vote of those present and voting, shall have the right to modify or waive any of the standards required by Section 20.73.025(A)-(E),if such modification or waiver will in no way be detrimental to adjacent properties or improvements than will the strict compliance with these standards. (Ord. 94-47, November 9, 1994) 20.73.035 CONDOMINIUM CONVERSION REGULATIONS, VACANCY RATE. A. Where it is proposed to convert an existing residential development containing fifteen (15) or more units to condominium units, the Modifications Committee, or the Planning Commission, or the City Council on appeal or review, shall disapprove, without prejudice, any condominium conversion permit application if: 1. The rental dwelling unit vacancy rate,for apartment developments containing 15 or more units, in the City at the time of the public hearing is equal to or less than five percent (59o'). 2. Overriding Considerations. Notwithstanding the above, the Modifications Committee, or the Planning Commission or City Council, on appeal or review may approve a condominium conversion permit and, if approved, shall make corresponding findings, if any of the following overriding considerations exist: (a) The project will minimise the effect on dwelling unit vacancy rate, and otherwise substantially comply with the intent of this Chapter; or (b) Evidence has been submitted that two-thirds(2/3)of the existing tenants have voted to recommend approval of the conversion. (Ord. 94-47, November 9, 1994) 20.73.040 EXISTING STRUCTURES AND USE, APPROVED PLANS. Any residential condominium development, whether originally established as such or Page 198-1 RESIDENTIAL CONDO- MINWM PROJECTS Chapter 20.73 converted from multi-family units, which lawfully exists on the effective date of this ordinance, or for which building permits have been issued, or for which an approved Planned Community Development Plan specifically provides that proposed residential developments shall be condominiums, shall be permitted to continue such use as approved. Any addition, expansion or substantial alteration of the development plans shall be subject to all provisions of this Chapter. 20.73.045 SEPARABILITY. If any provisions or requirements of this Chapter shall be found invalid or unconstitutional in application or in interpretation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. (Ord. 1817 § 1, 1979). Page 199 ADULT ENTERTAINMENT BUSINESSES Chapter 20.74 Chapter 20.74 ADULT ENTERTAINMENT BUSINESSES Sections: 20.74.010 Definitions. 20.74.020 Findings/Requirements. 20.74.050 Severability. 20,74.010 DEFINITIONS. The words and phrases used in this chapter shall be governed by the definitions contained in Chapter 5.96 of the Newport Beach Municipal Code. (Ord. 94-38, August 24, 1994; Ord. 92-50, December 9, 1992; Ord. 92-29, July 22, 1992; Ord. 88-2 § 1 (part), 1988). 20.74.020 FINDINGS/REQUIREMENTS. A. The Adult Oriented Business shall be located in the City's C-O, C-1, C-2, RMC and RSC Districts and the commercial and industrial areas of P-C Districts. With the exception of industrial zoned districts, the underlying land use of the adult business must also satisfy the land use requirements and development standards of the district in which the Adult Oriented Business proposes to locate. The above notwithstanding, no conditional use permit shall be required for an Adult Oriented Business. B. The Adult Oriented Business shall not be located within five hundred (500) feet of the boundary of any residential zone or residential use approved by the City of Newport Beach.' C, The Adult Oriented Business shall not be located within one thousand (1000) feet of any lot upon which there is properly located a religious institution, public beach or park, school or City of Newport Beach facility, including but not limited to City Hall, and Newport Beach libraries, police and fire stations.' D. The Adult Oriented Business shall not be located within 500 feet of another Adult Oriented Business. 1 'fie distance of separation required by Findings B and C shall be made using a straight line,without regard to intervening structures or objects,from the property line of the lot on which the Adult Oriented Business shall be located to the nearest property line of the lot upon which is located a residential use,religious institution,park or school from which the measurement is being talen is located on the same lot as the Adult Oriented business,the distance between the two shall be measured in a straight line bemecn the front doors 40- of each use without regard to intervening structures or objects. Page 200 ADULT ENTERTAINMENT BUSINESSES Chapter 20.74 E. The Adult Oriented Business shall comply with the City's parking standards for the underlying use. Where no objective City parking standards exist for a particular underlying use, parking shall be provided at a ratio of one space for every 1.5 occupants based upon the maximum occupancy approved by the City of Newport Beach Fire Department. F. The Adult Oriented business shall have obtained a permit in compliance with all applicable requirements of Section 5.96 of the Newport Beach Municipal Code which is incorporated herein by this reference. (Ord. 94-38, August 24, 1994). 20.74.050 SEVERABILITY. If any provision or clause of this Chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction,such invalidity shall not affect other provisions or clauses or applications of this Chapter which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this Chapter are declared to be severable. (Ord.88.2 § 1,1988; Ord. 1870 § 1, 1980). Page 201 SATELLITE DISH • ANTENNAS Chapter 20.75 SATELLITE DISH ANTENNAS CHAPTER 20.75 Sections: Section 20.75.005 Findings. Section 20.75.010 Definitions. Section 20.75.020 Permit Requirements. Section 20.75.030 Development Standards. Section 20.75.035 Satellite Dish Antenna Permit. Section 20.75.040 Issuance of Permit. Section 20.75.045 Appeal. Section 20.75.050 Fees. Section 20.75.060 Notice. • Section 20,75,065 Nonconforming Antennas. Section 20.75.070 Separability. Section 20.75.005. FINDINGS. The City Council of the City of Newport Beach, in adopting this Ordinance, finds and declares as follows: A. The Federal Communications Commission has adopted a rule which preempts local government satellite antenna regulations that differentiate between satellite dishes and other forms of antennas unless the regulations have a reasonable and clearly defined health, safety or aesthetic objective, do not operate to impose unreasonable limits on, or prevent, reception of satellite signals and do not impose excessive costs on the users of the antenna. B. Satellite dishes differ from other antennas in size, shape and weight, and these differences, when considered in light of related FCC rules that restrict regulation of the height of amateur radio facilities, make it impossible to treat satellite dishes and other antennas in the same manner. C. The regulation of satellite dish antennas, as provided in this ordinance, operates to preserve the unique scenic quality of the City of Newport Beach and to protect the safety and welfare of persons living and working in Newport Beach in that: • Page 202 SATELLITE DISH ANTENNAS Chapter 20.75 1. The City of Newport Beach has an international reputation as a premiere residential community with scenic and recreational resources that attract residents and visitors alike. 2. The unique charm and beauty of the residential,waterfront commercial, and recreational areas of the City of Newport Beach contribute to high residential and commercial property values. These same attributes attract large numbers of tourists and business travelers which account for a large percentage of the City's economy. The failure to maintain, and enhance,the charm and beauty of Newport Beach would result in reduced property values, reduced revenue for those businesses that serve the many visitors to Newport Beach, and fewer jobs for those who live, and those who want to work,in Newport Beach. 3. The Land Use Policies in the General Plan and Zoning Ordinances of the City of Newport Beach seek to maintain and enhance those qualities that make Newport Beach one of the most desirable places to live,work or visit. The land use element of the General Plan requires the City to adopt zoning ordinances and other development standards to ensure that the beauty and charm of existing residential neighborhoods is maintained and that commercial and office projects are aesthetically pleasing as well as compatible to surrounding uses. This policy is to be implemented, in part, through the adoption of ordinances which, to the maximum extent permitted by law regulate or restrict the placement of satellite dishes and other visually obtrusive objects. 4. The unique charm and character of Newport Beach is preserved, in large measure, by ordinances, policies and regulations which, among other things, restrict and regulate the height and location of structures, related facilities or equipment and landscaping. 5. Satellite dish antennas, due to their size, shape, bulk, weight, and overall appearance, would,if unregulated, reduce the charm, and beauty, and aesthetics of residential and commercial areas within Newport Beach. Satellite dish antennas, due to their size and bulk, are likely to block views of natural or manmade features of interest to public and owners of private property. Since the value of property in Newport Beach is linked to views available from the property, any reduction in views caused by satellite dish antennas is likely to significantly reduce property values. Satellite dish antennas, if improperly located, could reduce views of, and from, public streets and alleys and create significant risks to motorists and pedestrians alike. The size and bulk of satellite dish antennas significantly reduces open space, and their overall appearance gives the impression of even greater reductions in open space. The futuristic appearance of satellite dish antennas is, to a considerable extent, inconsistent with the character and aesthetics of many of existing residential, commercial and recreational areas within Newport Beach. The proliferation of satellite dish antennas could significantly reduce the charm and beauty of those areas, and result in substantial reductions in property value, and reductions in income derived from the tourist and business traveler. is Page 203 SATELLITE DISH • ANTENNAS Chapter 20.75 D. The provisions of this ordinance represent an effort to minimize the impact of the regulations on the right of individuals to receive satellite delivered signals and, in the opinion of the City Council, constitute the least intrusive means available to the City to mitigate the potential adverse impacts on the safety and welfare of our residents and the quality and aesthetics of the community. E. It is the intent of the City Council that this ordinance be administered and interpreted such that it does not constitute an unreasonable limitation on the reception of satellite delivered signals or the transmission of such signals and that the costs associated with processing applications for permits and comply with conditions imposed by those permits are not excessive in light of the.cost of the purchase and installation of the regulated equipment. (Ord. 89-14, July 26, 1989). Section 20.75.010. DEFINITIONS. A. Satellite Dish Antenna/Antenna. The term "satellite dish antenna" or "antenna" shall, for the purposes of this Chapter, mean any parabolic and/or disk shaped antenna of either solid or mesh construction, intended for the purposes of receiving communications from an orbiting satellite transceiving or transmitting signals or • communications to a satellite, as well as all supporting equipment necessary to install or mount the antenna. (Ord. 89-14, July 26, 1989). Section 20.75.020. PERMIT REQUIREMENTS. Satellite dish antennas that conform to the development standards in Section 20.75.030 are permitted as accessory uses in all zoning districts subject to the issuance of a building permit. Satellite dish antennas that do not conform to Section 20.75.030 shall be permitted in all zoning districts subject to issuance of a satellite dish antenna permit and building permit. (Ord. 89-14, July 26, 1989). Section 20.75.030. DEVELOPMENT STANDARDS. A. Setbacks. No portion of any satellite dish antenna shall be located in any required setback area provided,however, satellite dish antennas which do not exceed six(6) feet in height may be located in any required side yard setback behind the front yard setback and in any rear yard setback where the rear yard setback is not adjacent to an alley. B. Number. No more than one satellite dish antenna shall be permitted on a building site.. C. Color. All satellite dish antennas not screened shall be painted in a manner • compatible with the structures on the site. D. Sign. No sign of any kind shall be posted or displayed on any satellite dish antenna. Page 203-1 SATELLITE DISH ANTENNAS Chapter 20.75 E. Ground Mounted Satellite Dish Antennas. (1) Size, The diameter of a ground mounted dish antenna shall not exceed ten (10) feet. (2) Height. Except as provided in Paragraph A, above, the height of any portion of a ground mounted dish antenna shall not exceed fifteen(15) feet. (3) Location. In all residential zones a ground mounted dish antenna shall be located on the rear one-half of the building site,provided,however, if a building site borders a public street and any waterway,beach,bluff, or park, the satellite dish antenna shall be located in the middle one- third (1/3) of the lot measured from the property line adjacent to the public street to the rear property line, mean high tide line, actual high tide line, or bulkhead line, whichever is closest to the property line adjacent to the public street. (4) Other Requirements. Ground mounted dish antennas shall not reduce area required, by provisions of this Code, for parking, internal . circulation, landscaping or other development standard criteria. F. Roof Mounted Antennas. (1) Size. The diameter of any roof mounted satellite dish antenna shall not exceed ten (10) feet. (2) Height. Roof mounted antennas shall not: (a) If installed on a flat roof the antenna shall not exceed the height limit for the district; (b) If installed on a sloping roof the antenna shall not exceed the height limit for the district applicable to sloping roofs and the highest point of the antenna shall not exceed the maximum height of the permitted ridge line. (3) Location. Roof mounted dish antennas shall be mounted on the rear one-half of the building site or the rear one-half of the building furthest from the primary access to the site,whichever is furthest from the front property line,provided, however, if a building site borders a public street and any waterway,beach,bluff, or park, the satellite dish Page 203-2 SATELLITE DISH ANTENNAS isChapter 20.75 antenna shall be located in the middle one-third (1/3) of the lot measured from the property line adjacent to the public street to the rear property line, mean high tide line, actual high tide line, or bulkhead line,whichever is closest to the property line adjacent to the public street. In the case of a sloping roof, the antenna shall be mounted on the lower two-thirds (2/3 of the roof plane to which it is attached. (4) Wiring. All electrical and antenna wiring shall be placed underground or otherwise screened from view. (5) Permanent Mounting. For a land based installation, all dish antennas shall be permanently mounted and no antenna may be installed on a portable or movable structure. (Ord. 89-14, July 26, 1989). Section 20.75.035. SATELLITE DISH ANTENNA PERMIT. An application for a satellite dish antenna permit shall be made on forms provided by the Planning Department and shall be accompanied by the following: • (1) Site plans drawn to scale and dimensioned, showing the proposed location of the antenna in relation to property lines, setbacks, and any structures on the site. (2) Manufacturer's specifications for the antenna. (3) Specific details of any equipment associated with the installation of the antenna such as footings, guide wires and braces, including roof top mounts if applicable. (4) Elevations drawn to scale and dimensioned so as to fully describe the proposed structure and any proposed screened. (5) Written consent of the property owner. (6) Statement of the reasons why strict conformance with the development standards specified in Section 20.75.035 will: (a) Unreasonably limit, or prevent, reception or transmission of satellite signals; (b) Result in excessive expense in light of the cost of purchase and installation of antenna; or . (c) Be necessary to achieve the goals and objectives specified in this Chapter. (Ord. 89-14, July 26, 1989). Page 203-3 SATELLITE DISH ANTENNAS Chapter 20,75 Section 20.75.040. ISSUANCE OF PERMIT. (a) The Planning Director shall issue a permit for any satellite dish antenna if strict compliance with the provisions of Section 20.75.030: 1. Will result in unreasonable limitations on, or prevent, reception or transmission of satellite delivered or received signals; 2. The cost of strict compliance with the development standards would be excessive in light of the purchase and installation costs of the antenna; or 3. Is not necessary to achieve the objectives of this Chapter. (b) In the event the applicant demonstrates that strict compliance would unreasonably restrict or prevent reception or transmission of signals, or result in excessive costs, the Planning Director shall issue the permit subject to any conditions necessary or appropriate to minimize the impact of the installation of the antenna, provided the conditions do not unreasonably prevent or limit transmission or reception of signals will result in excessive costs. (Ord. 89-14, July 26, 1989). Section 20.75.045. APPEAL. An applicant for a satellite dish antenna permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within thirty (30) days after written notice from the Planning Director of the decision denying the permit or the decision imposing conditions on the permit. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission shall render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event the applicant is not satisfied with the decision of the Planning Commission, the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within fourteen (14) days following notice of the action of the Planning Commission. The hearing before the City Council shall be set within thirty(30) days from the date of the appeal. The City Council may appoint a hearing officer to take evidence and make findings and recommendations if the Planning Commission presided over the initial appeal. The City Council shall render its decision within thirty(30) days after the hearing on the appeal. The decision of the City Council shall be final. (Ord. 94-20, May 25, 1994; Ord. 89-14,July 26, 1989). Section 20.75.050. FEES. No person shall be charged a fee for applying for a satellite dish antenna permit. Fees for an appeal to the Planning Commission or City Council shall be established by resolution of the City Council. (Ord. 89-14, July 26, 1989). Page 203-4 SATELLITE DISH • ANTENNAS Chapter 20.75 Section 20.75.060. NOTICE. Whenever notice is required pursuant to the provisions of this chapter, notice of a decision shall be deemed given when the decision is announced by the Planning Commission or City Council at the hearing on the appeal, or written notice of the appeal is deposited in the United States mail, first class, postage prepaid, and addressed as specified on the application for satellite dish antenna permit. (Ord. 89-14, July 26, 1989). Section 20.75.065. NONCONFORMING ANTENNAS. Satellite dish antennas in existence as of the effective date of this Chapter shall be considered legal and nonconforming. Nonconforming satellite dish antennas may be enlarged, expanded or relocated only if the satellite dish antennas may be enlarged, expanded or relocated only if the satellite dish antennas are brought into compliance with the provisions of this ordinance, unless the expansion, enlargement or relocation is necessary to permit reasonable use of the satellite dish antennas and, in such event, a satellite dish antenna permit shall be obtained prior to any such expansion, enlargement or relocation. (Ord. 89-14, July 26, 1989). Section 20.75.070. SEPARABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the • remainder of the ordinance. (Ord. 89-14, July 26, 1989). Page 204 TIME-SHARE DEVELOPMENTS Chapter 20.76 TIME - S. HARE 12EyEL91! MEN1. ,CHAPTER 20.76 s SECTIONS: 20.76.005 Intent 20.76.010 Definitions 20.76.011 Prohibitions ,, • 20.76.020 Separability 20.76.005 INTENT. The City Council finds that time-share projects differ in many aspects from other transient visitor facilities in types of construction, forms of ownership, patterns of use and occupancy, and commercial management; and the City Council determines that the unique features of time-share projects can have adverse affects og both the areas surrounding such use and the whole of the City. Therefore, this ordinance is adopted to protect the health, safety, peace, and welfare of the public by prohibiting time-share developments in the City of Newport Beach. 20.76.010 DEFINITIONS. The following terms used herein shall have the meanings indicated: TIME-SHARE PROJECT. The term"time-share project" shall be appjied to any development wherein a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and shall include, but not be limited to time-share estate, interval ownership, vacation license, vacation lease, club membership, time-share' use, hotel/condominium, or uses of a similar nature. i Page 205 - TIMESS HARE DEVELOPMENTS Chapter 20.76 TIME-SHARE ESTATE. The term"time-share estate" shall mean a right of occupancy in a time-share project that is coupled with an estate in the real property. TIME-SHARE USE. The term "time-share use" shall mean a license or contractual or membership right of occupancy in a time-share project that is not coupled with an estate in the real property. TIME-SHARE UNIT. The term "time-share unit" shall mean each portion of the real property or real property improvement in a project that is divided into time-share intervals. TIME-SHARE INTERVAL. The term"time-share interval" shall mean the period or length of time of occupancy in a time-share unit. 20.76.015 PROHIBITIONS. A. The construction, sale or development of any time-share unit shall be hereafter prohibited in the City of Newport Beach. B. It shall be unlawful to sell any right of occupancy in a time-share estate. C. It shall be unlawful to sell, rent or give by contract or otherwise any license or membership right of occupancy in a time-share project which is not coupled with an estate in real property. D. It shall be unlawful to convert to a time-share project, a time-share estate, or a time-share use, all or any part of: 1. An existing single family residential unit; or, 2. An existing residential unit in a condominium project; or 3. An existing apartment or multi-family residential unit; or 4. An existing hotel or motel room or unit. 20.76.020 SEPARABILITY. If any provisions or requirements of this chapter shall be found invalid or unconstitutional in application or in interpretation by a coprt of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. (Adopted by Ord. 82-14; August 25, 1982). Page 206 AMATEUR RADIO ANTENNAS Chapter 20.77 A M_ A T E U_ R R_ A D_ I O A N T E N N A S_ Chapter 20.77 AMATEUR RADIO ANTENNAS Sections: Section 20.77.005 Findings. Section 20.77.010 Definitions. Section 20.77.020 Permitted Use. Section 20.77.030 Development Standards. Section 20.77.035 Application for Permit. Section 20.77.040 Issuance of Permit. a Section 20.77.050 Appeal. Section 20.77.060 Fees. Section 20.77.070 Notice. Section 20.77.075 Nonconforming Antennas. • Section 20.77.080 Separability. 20.77.005 FINDINGS. The City Council of the City of Newport Beach, in adopting this Ordinance, finds and declares as follows: ' A. The Federal Communications Commission has established � rule preempting state and local regulations that operate to ,preclude amateur , radio communications. However, the FCC has not preempted local regulations- involving placement, screening or height of amateur radio antennas so long as the regulations are based on health, safety or aesthetic considerations, represent a reasonable accommodation of amateur radio communications, and constitute the minimum practicable regulatiolt necessary to accomplish the local agency's legitimate purposes. B. Amateur radio antennas differ from other antenna, such as roof- mounted television antenna, in terms of their size, shape, weight and foundation requirements, and these factors raise aesthetic, safety and welfare concerns that warrant special regulation. i C. The regulation of amateur radio antenna,as provided in this ordipance, is necessary to the health, safety and welfare of persons living,working and owning prpperty in the City of Newport Beach in that: • 1. The unique charm and beauty of the residential, waterfront commercial, and recreational areas of the City of Newport Beach contribute to high i Page 207 AMATEUR RADIO ANTENNAS � i Chapter 2037 property values and constitute the basis for a large percentage of the City's economy. The failure to maintain, and enhance, the charm and beauty of Newport Beach could result in reduced property values and reduced revenue for those businesses that serve the many visitors to Newport Beach. 2. The Land Use Policies in the General Plan and Zoning Ordinances of the City of Newport Beach seek to maintain and enhance those qualities that make Newport Beach one of the most desirable places to live,work, or visit. According to the General Plan policies of the City of Newport Beach, a primary objective is to preserve and protect those areas, buildings, structures or natural resources which are of historic, cultural, or aesthetic value to the community. The General Plan requires the adoption of zoning ordinances and other controls to preserve visual access to major natural features, such as the ocean and bay, and insure that all public and private development is compatible with the unique natural and manmade resources that give Newport Beach its charm and character. 3. The unique charm and character of Newport Beach is preserved, in large measure,by ordinances,policies and regulations which, among other things,restrict and regulate the height and location of structures, related facilities or equipment and landscaping, � 4. Amateur radio antennas, due to their height, size, and overall appearance, have the potential to block or impair views of natural and manmade features of importance to the public and owners of property if left unregulated. The antennas, because of their height and unique appearance, tend to dominate the landscape and reduce visual open space. The overall appearance of amateur radio antennas is inconsistent with the character and aesthetics of many of the existing residential,commercial and recreational areas within Newport Beach and the proliferation of such antennas could significantly reduce the charm and beauty of those areas, reduce property values,reduce income derived from tourism, and reduce the number of job opportunities available in the City. D. The provisions of this Ordinance also protect the safety of persons living, and working,in Newport Beach in that free-standing amateur radio antennas do pose a threat to the safety of persons or property in the vicinity in the event of collapse. The provisions of this Ordinance, will help insure that amateur radio antennas are installed in a manner that insures the safety and security of persons and property living or working nearby. E. The provisions of this Ordinance represent the minimum practical regulation necessary to satisfy the aesthetic, health, safety and welfare concerns that have prompted these minimal restrictions on amateur radio antennas. F. It is the intent of the City Council that this Ordinance be administered and interpreted to reasonably accommodate amateur radio communications, to constitute Page 208 AMATEUR RADIO ANTENNAS is Chapter 20.77 the minimum regulation necessary to accomplish the purposes of this Ordinance, and to impose no unreasonable cost on the amateur radio operators. (Ord. 88-6 § April 27, 1988). Section 20.77.010 Definitions. A. Amateur Radio Antennas. The term "amateur radio antenna" shall mean any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. , B. Antenna Structure. The term "antenna structure"refers collectively to an antenna and its supporting mast or tower, if any. C. Mast. The term"mast" shall mean a pole of wood or metal, or a tower fabricated of metal,used to support an amateur radio antenna and maintain it at the proper elevation. D. Whip Antenna. The term "whip antenna" shall mean an aptenna consisting of a single, slender, rod-like element, less then one wave length long, which is • supported only at or near its base. (Ord. 88-6 § April 27, 1988). Section 20.77.020 Permitted Use. Amateur radio antennas,structures and masts that comply with the development standards specified in Section 20.77.030 are permitted as an accessory use in all zoning districts subject to issuance of any other appropriate permit. Amateur radio antennas, structures and masts which do not conform to Section 20.77.030 shall be permitted subject to first securing an amateur radio antenna permit, and any other appropriate permits. (Ord. 88-6 § April 27, 1988). Section 20.77.030 Development Standards. A. Lowering device. All amateur radio antennas, capable of a maximum extended height in excess of 40 feet,with the exception of whip antennas, shall be equipped with a motorized device and mechanical device,each capable of!lowering the antenna?to the maximum permitted height when not in operation. B. Permitted height. 1. The height of an antenna shall be measured from natural grade at the point the mast touches, or if extended would touch, the ground. 2. When in operation, no part of any amateur radio antenna shall • extend to a height of more than 75 feet above natural grade of the site on which the antenna is installed. Page 209 AMATEUR RADIO ANTENNAS Chapter 20.77 3. When not in operation, no part of any amateur radio antenna, excepting whip antennas, shall extend to a height of more than 28 feet measured above grade of the site on which the antenna is installed. C. Number permitted. One amateur radio antenna structure and one whip antenna shall be permitted on each building site. D. Siting/Setbacks. The antenna structure shall be located on site in a manner which will minimize the extent to which the structure is visible to nearby residents and members of the general public. Antenna structures shall be considered to satisfy this criteria if: 1. No portion of the antenna structure or mast is located within any required setback area; and 2. No portion of the antenna structure or mast is within the front 40 percent of that portion of the building site that abuts a street; and 3. In the event a building site abuts two or more streets, the mast is not located within the front 40 percent of that portion of the building site where primary access is provided to the property. (Ord. 88-6 $ April 27, 1988). Section 20.77.035 Application for Permit. The development standards in Section 20.77.030 may be waived or modified by the Planning Director upon application for an amateur radio antenna permit. The application shall be on a form supplied by the Plannir,, Department and shall be accompanied by the following information, maps and plans: 1. Site plans drawn to scale and dimensioned, showing the proposed location of the antenna. 2. Manufacturer's specifications of the antenna structure. 3. Details of footings, guys, and braces. 4. Details of attaching or fixing the antenna to the roof (if applicable). 5. Elevations drawn to scale and dimensioned so as to fully describe the proposed structure. 6. Statement of the reasons why strict conformance with the development standards specified in Section 20.77.030 will unreasonably interfere with the operator's ability to receive or transmit signals or impose unreasonable costs on the amateur radio operator when viewed in light of the cost of the equipment. (Ord. 88-6 $ April 27, 1988). Page 210 AMATEUR RADIO ANTENNAS Chapter 20.77 Section 20.77.040 Issuance of Permit. The Planning Director shall issue an amateur radio antenna permit if the applicant demonstrates that strict compliance with the development standards specified in Section 20.77.030 would unreasonably interfere with the applicant's ability to receive or transmit signals, would impose unreasonable costs on the operation when viewed in light of the cost of the equipment, or that strict compliance with the development standards is not,under the circumstances of the particular case, necessary to achieve goals and objectives of this Ordinance. In granting the permit, the Planning Director may impose conditions reasonably necessary to accomplish the purposes of this Ordinance, provided those conditions do not unreasonably interfere with the ability of the applicant to receive or transmit signals or result in extensive cost or expense. (Ord. 88-6 § April 27, 1988). Section 20.77.050 Appeal. An applicant for an amateur radio antenna permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within thirty (30) days after written notice of the decision of the Planning Director. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission shall render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the • event the applicant is not satisfied with the decision of the Planning Commission, the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within fourteen (14) days following notice of the action of the Planning Commission. The hearing before the City Council shall be set within thirty (30) days from the date of the appeal. The City Council may appoint a hearing officer to take evidence and make findings and recommendations if the Planning Commission presided over the hearing. The City Council shall render its decision within thirty(30) days after the hearing on the appeal. The decision of the City Council shall be final. (Ord. 94-20, May 25, 1994; Ord. 88-6 §April 27, 1988). Section 20.77.060 Fees. No person shall be charged a fee for applying for an amateur radio antenna permit. Reasonable fees for an appeal to the Planning Commission or City Council shall be established by resolution of the City Council. (Ord. 88-6 § April 27, 1988). Section 20.77.070 Notice. A. Whenever notice is required pursuant to the provisions of this Chapter, notice shall be deemed given when a decision is announced at the hearing on any appeal or when written notice of the decision or intent to appeal is deposited in the United States mail, first class, postage prepaid, and, in the case of an applicant, addressed as specified on the application for permit. B. Notice of an application for a building or other permit necessary to construct a new, or modify an existing, amateur radio antenna, structure or mast, shall be Page 211 AMATEUR RADIO ANTENNAS Chapter 20.77 given to all owners of real property (as shown on the latest equalized assessment roll) located within 100 feet of the parcel on which the proposed antenna, structure or mast is to be located and notice shall also be given to affected homeowner's association registered with the City. (Orel. 88.6 § April 27, 1988). Section 20.77.075 Nonconforming Antennas. Amateur radio antennas, antenna structures, and masts in existence as of the effective date of this Ordinance may continue to be used without complying with the provisions of this Ordinance except as herein provided and shall be considered a legal nonconforming use. Amateur radio antennas, antenna structures, and masts that are a legal nonconforming use shall comply with the provisions of Section 20.77.030B (Permitted Height) to the extent that they are capable of doing so without modifications. Amateur radio antennas,antenna structures and masts may be enlarged, expanded or relocated only if brought into compliance with the provisions of this Ordinance, unless the expansion, enlargement or relocation is necessary to permit reasonable use of the amateur radio equipment served by the antenna and, in such event, an amateur radio antenna permit shall be obtained before any expansion, enlargement or relocation. (Ord. 88-6 § April 27, 1988). Section 20.77.080 Separability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a • decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. (Ord.88-6 § April 27, 1988). Page 212 GRANNY UNITS Chapter 20.78 CHAPTER 20.78 GRANNY UNITS Sections: 20.78.010 Intent and Purpose 20.78.015 Definition 20.78.020 Use Permit Required 20.78.025 Development Standards 20.78.030 Verification of Occupancy 20.78.035 Recordation Required 20.78.040 Termination of Use 20.78.010 INTENT AND PURPOSE. The intent and purpose of this • Chapter is to establish procedures for the creation of granny units as defined herein and in California Government Code Section 65852.1, and to provide development standards to insure the orderly development of these units in appropriate areas of the City. (Ord. 88-46, January 11, 1989). 02.78.015 DEFINITION. As used in this Chapter, a granny unit is defined as a detached or attached dwelling unit to be constructed on a building site zoned for a single family residence in conjunction with a primary residence, with the second dwelling unit intended for the sole occupancy of one or two adult persons who are 60 years of age or older, and the area of floor space of the second dwelling unit does not exceed 640 square feet. (Ord. 8846, January 11, 1989). 20.78.020 USE PERMIT REQUIRED. Approval of a Use Permit in accordance with the provisions of Chapter 20.80 of the Municipal Code is required for the establishment of any granny unit as defined in this Chapter. (Ord. 88-46, January 11, 1989). 20.78.025 DEVELOPMENT STANDARDS. The following standards shall be met prior to the occupancy of the granny unit pursuant to this Chapter: A. Building Height. Building height shall be regulated by Chapter 20.02 of the Municipal Code, in accordance with the "Official Height Limitations Zone Map" incorporated within Chapter 20.02. Granny units located in the R-1 District which are • detached from the primary residence and on the second floor of an accessory building are permitted to conform to the provisions of the 24/28 Foot Height Limitation Zone. Page 213 GRANNY UNITS Chapter 20.78 B. Setback Requirements. All building setbacks required in the District in which the granny unit is proposed shall be met. C. Minimum Lot Size. A minimum lot size of 5,450 square feet shall be required in order to establish a granny unit pursuant to this Chapter. D. Minimum Floor Area. Each granny unit established pursuant to this Chapter shall provide a minimum of 600 square feet of floor area, as measured from within the surrounding perimeter walls of the unit. E. Maximum Floor Area. No granny unit established pursuant to this Chapter shall have more than 640 square feet of floor area, as measured from within the surrounding perimeter walls of the unit. F. Parking Required. In addition to the parking required for the primary residence, there shall be at least one independently accessible parking space for the granny unit, provided there are at least two covered parking spaces on the site. This additional parking space shall be kept free, clear, and accessible for the parking of a vehicle at all times. G. Owner/Occupancy Required. The primary residence or the granny unit shall be continuously occupied by at least one person having an ownership interest in the property. (Ord. 89.22, Sept. 27, 1989; Ord. 88-46, January 11, 1989). 20.78.030 VERIFICATION OF OCCUPANCY. Commencing withthe final inspection of the granny unit by a City Building Inspector and on an annual basis every year thereafter, the property owner shall submit to the Planning Director the names and birth dates of any and all occupants of the granny unit constructed pursuant to this Chapter to verify occupancy by a person or persons 60 years of age or older. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. (Ord. 8846, January 11, 1989). 20.78.035 RECORDATION REQUIRED. Subsequent to the approval of a Use Permit and prior to the issuance of a building and/or grading permit for a granny unit, the property owner shall record a deed restriction with the County Recorder's Office, the form and content of which is satisfactory to the City Attorney, stating that under no circumstances shall the granny unit be rented to or otherwise occupied by any person or persons less than 60 years of age. Said document shall also contain all conditions of approval imposed by the Planning Commission or City Council. This deed restriction shall remain in effect so long as the granny unit exists on the property. (Ord. 88-46,January 11, 1989). Page 214 GRANNY UNITS Chapter 20.78 20.78.040 TERMINATION OF USE. In the event that the property owner desires to terminate the use of the granny unit and remove the deed restriction, building permits shall be obtained that restore the property to a single dwelling unit as defined in Section 20.87.140 of the Municipal Code. The Planning Director shall review and approve the plans prior to the issuance of the building permits to insure compliance with the intent of this Section and Section 20.87.140. Upon completion of the final inspection by a City Building Inspector, the Planning Director shall cause the deed restriction to be removed from the property by the county Recorder. (Ord. 8846, January 11, 1989). • f • • Page 215 SECONN D FAMILY UNITS Chapter 20.79 CHAPTER 20.79 SECOND FAMILY UNITS Sections: 20.79.010 Intent and Purpose. 20.79.015 Definition. 20.79.020 Prohibitions. 20.79.025 Separability. • 20.79.010 INTENT AND PURPOSE. It is the intent of this Chapter to prohibit the development of second family residential units on single family residential lots as provided for in Section 65852.2 of the California Government Code. (Ord.88-39, November 23, 1988). 20.79.015 DEFINITION. The following term used in this Chapter shall have the meaning indicated herein: Second Family Residential Unit. A dwelling unit accessory to and either attached to, detached from, or contained within the primary dwelling unit on a building site. (Ord. 92-47, December 9, 1992; Ord.88-39, November 23, 1988). 20.79.020 PROHIBITIONS. The creation of a second family residential unit on all building sites within the City of Newport Beach where the zoning and General Plan permit only one (1) dwelling unit is expressly prohibited. Nothing contained herein shall affect the creation of Granny Units under Section 65852.1 of the California Government Code that are in compliance with the Newport Beach Municipal Code. (Ord.88-39, November 23, 1988). 20.79.025 SEPARABILITY. If any provisions or requirements of this Chapter shall be found invalid or unconstitutional in application or interpretation by a court of competent jurisdiction,such decision shall not affect the validity of the remaining portions • of this Chapter. (Ord.88-39, November 23, 1988). -.5 „ + 1 4 Y • PART VIII: ADMINISTRATION j Chapters: ` 20.80 Permits 20.81 Modifications Committee 20.82 Variances 20.83 Nonconforming Structures and Uses e.� 20.84 Amendments 20.85 Appeals 20.86 Enforcement 20.87 Definitions f `f ,!'�,k ;r.+r,.^.� ...ne�.;m-.^r;;.;..m,+.+;.;r• �rf'?�f,^.�,^, i•'7;!;'^;^;,^T, .1•, �,>>Tifffl�;1 f �:1il fi� ''.^•1,. 1 P`.Yi b' T��.. .'.i F.. .i•,.,v..: ,,� .a•.,a,1,i1 ,A3 „,. �e I,.a;:•;n o,,.o.;...,1 , Page 216 PERMITS Chapter 20.80 PERMIT Chapter 20.80 PERMITS Section: 20.80.010 Zoning Permit Required. 20.80.020 Use Permits. 20.80.030 Application for Use Permit - Fee. 20.80.050 Public Hearings. 20.80.060 Action by Commission, Director or City Council. 20.80.070 Use Permit Appeal. 20.80.075 Right of Review by City Council. 20.80.077 Notice to County Assessor and Owner. 20.80.080 Use Permit Requisite to Other Permits. 20.80.090 Revocation of Permits or Variances. 20.80.010 ZONING PERMIT REQUIRED. Zoning Permits shall be required for all buildings and structures hereinafter erected, constructed, altered, repaired, or moved within or into any district established by this Title, and for the use of vacant land or for a change in the character of the use of land, within any district established by this Title. Such permit may be a part of the building permit and shall be issued by the Building Inspector prior to any construction. (Ord. 635 (part), 1960: 1949 Code§9106.1, §9106.11). 20.80.020 USE PERMITS. Use Permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Title. (Ord. 635 (part), 1950: 1949 Code § 9106.2). 20.80.030 APPLICATION FOR USE PERMIT- FEE. Applications for Use Permits shall be filed in the office of the Community Development Department in writing on forms prescribed by the Director, and shall be accompanied by a fee as established by Resolution of the City Council, and by plans and elevations necessary to show the detail of the proposed building or use. Page 217 PERMITS Chapter 20.80 Application for a Use Permit may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the recorded owner or the lessee or may be signed by an agent of the owner if written authorization from the record owner is tiled with the application. (Ord. 1686 §4, 1976; Ord. 1611 § 1, 1975; Ord. 1566 § 1, 1974; Ord. 1396 § 1, 1971; Ord. 1272 § 1, 1968; Ord. 1059 (part), 1963; Ord. 635 (part), 1950; 1949 Code § 9106.21). 20.80.050 PUBLIC HEARINGS. A. DISCRETIONARY. No public hearings need be held in connection with the grant or denial of an application for a Use Permit; provided that the Planning Commission may in its discretion hold such public hearings as it deems advisable. B. REQUIRED NOTICE. Whenis is deemed advisable to hold apublic hearing,notice of such hearing shall be mailed not less than ten (10) days before the hearing date,postage prepaid,using addresses from the last equalized assessment roll or, alternatively,from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. In addition to the mailed notice, such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. C. CONTINUANCE. Upon the date set for a public hearing before the Planning Commission or an appeal before the City Council, the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (Ord. 1705 § 1, 1977; Ord. 1695 § 1, 1976; Ord. 1465 § 1 1972; Ord. 1396 § 3, 1971; Ord. 1059 (part), 1963; Ord. 635 (part), 1950; 1949 Code § 9106.23). 20.80.060 ACTION BY COMMISSION OR CITY COUNCIL. A. FINDINGS. In order to grant any Use Permit,the Planning Commission or the City Council in acting on appeals or reviewing any decision of the Planning Commission Shall find that the establishment,maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. B. IMPOSITION OF CONDITIONS. The Planning Commission or the City Council in acting on appeals or in reviewing any decision of the Planning Commission may impose such conditions in connection with the granting of a Use Permit as they deem necessary to Page 218 PERMITS Chapter 20.80 secure the purposes of this Title and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off-street parking facilities as determined in each case. In the event of an appeal to the City Council from a decision of the Planning Commission granting or denying a Use Permit, the Planning Commission shall file with the City Council prior to the hearing of the appeal written findings setting forth the reasons for the decision. C. RENDERING OF DECISION. After the conclusion of the hearing on any application for a Use Permit, the Planning Commission shall render a decision within 35 days. Use Permits shall not become effective for fourteen(14) days after being granted, and in the event an appeal is filed or if the City Council shall exercise its right to review any such decision, the permit shall not become effective unless and until a decision granting the Use Permit is made by the City Council. The granting of any Use Permit pursuant to the provisions of this Title is hereby declared to be an administration function, the authority and responsibility for performing which is imposed upon the Planning Commission, and the action thereon by the Planning Commission shall be final and conclusive,except in the event of an appeal or an exercise of its,right of-review by-the City Council. (Ord. 94-20, May 25, 1994; Ord. 1396 § 4, 1971; Ord. 1057 (part), 1963; Ord. 635 (part, 1950; 1949 § 9106.24). 20.80.070 USE PERMIT APPEAL. A. INITIATION OF APPEAL. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the City Council by filing a notice of appeal with the City Clerk within fourteen(14) days following said action. Said notice of appeal shall be accompanied by a fee as established by Resolution of the City Council. B. DATE-NOTICE. THE City Clerk shall set a date for,public hearing and give notice in the manner prescribed in Section 20.80.050. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission. Upon receiving notice of appeal to the City Council, the Planning Director shall submit a written report of the Planning Commission proceedings to the City Council, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. C. DECISION. The City Council shall render its decision within 30 days after the close of such hearing. (Ord. 94-20, May 25, 1994; Ord. 1686 § 5, 1976; Ord. 1396 §5, 1971; Ord. 1272 (part), 1968; Ord. 1059 (part), 1963; Ord. 635 (part), 1950; 1949 Code § 9106.24). 20.80.075 RIGHT OF REVIEW BY CITY COUNCIL. The City Council, on its own motion, adopted by four affirmative votes, may elect to review any decision of the Planning Commission granting a Use Permit. The City Council's right of review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any Use Permit proceeding in Page 219 PERMITS Chapter 20.80 which the City Council exercises its right of review,the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.80.050. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (Ord. 94-20, May 25, 1994; Ord. 1396 § 61971). 20.80.077 NOTICE TO COUNTY ASSESSOR AND OWNER. Within thirty (30) days following the effective date of the Use Permit, the Department of Community Development shall notify the County Assessor and the owner of record, in the event the Use Permit was initiated by someone other than the owner of record of the action taken by the City, as prescribed by the Government Code. (Ord. 1705 § 2, 1977). 20.80.080 USE PERMIT REQUISITE TO OTHER PERMITS, No build- ing or zoning permit or certificate of occupancy shall be issued in any case where a Use Permit is required by the terms of this Title unless and until such Use Permit has been granted by the Planning Commission or by the affirmative vote of the City Council on appeal or review and then only in accordance with the terms and conditions of the Use Permit granted. (Ord. 1396 § 7, 1971; Ord. 1059 (part), 1950; 1949 Code § 9106.25). 20.80.090 EXPIRATION AND REVOCATION OF PERMIT APPROVAIS. A. EXPIRATION. Any Zoning Permit or Use Permit granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval unless a building permit has been issued and construction has commenced prior to the expiration date. The Planning Commission and the City Council may specify a different expiration date at the time of approval. B. VIOLATION OF TERMS. Any Zoning Permit or Use Permit granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Permit are violated, or if any law or ordinance is violated in connection therewith. C. HEARING. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. (Ord. 88-32, October 12, 1988; Ord, 1861, § 2, 1980; Ord. 1700, § 1, 1976; Ord. 845 (part), 1958; Ord. 635 (part), 1950; 1949 Code § § 9106.41, 9106.42, and 9106.43). Page 220 MODIFICATIONS COMMITTEE Chapter 20.81. Chapter 20.81 MODIFICATIONS COMMITTEE Sections: 20.81.010 Modifications Committee. 20.81.020 Powers and Duties. 20.81.030 Hearings. 20.81.040 Required Notice. 20.81.050 Applications. 20.81.060 Action by Committee. 20.81.070 Appeal. 20.81.075 Notice to County Assessor and Owner. 20.81.080 Referral to Planning Commission. 20.81.090 Revocation of Modification Approvals. 20.81.100 Administrative Act. 20.81.010 MODIFICATIONS COMMITTEE. A Modifications Committee consisting of three members is hereby established for the purpose of passing upon requests for reasonable use of property not permissible under existing regulations. The Modifications Committee shall have authority to grant, subject to appeal to the Planning Commission under provisions of this Title, modifications as provided herein. The Committee shall be composed of the following members: The Planning Director or his designated representative;the Public Works Director or his designated representative; and the Building Director or his designated representative. The Planning Director shall act as Chairman and staff members shall be assigned to aid the Committee as necessary. (Ord. 1854 § 2, 1980; Ord. 1480 § 1, December 18, 1972; Ord. 1378 § 1, 1971; Ord. 1268 § 1 (part), 1968). 20.81.020 POWER AND DUTIES. Whenever a strict interpretation of the provisions of Title 20 of this Code, or its application to any specific case or situation would preclude a reasonable use of property not otherwise permissible under existing regulations, the Modifications Committee may grant approval of such modifications relating to: required building setbacks in front,side or rear yards; heights of walls,hedges or fences; distances between buildings; area, number and height of signs not requiring an Exception Permit;structural appurtenances or projections which encroach into front,side or rear yards; location of accessory buildings on a building site; the construction or installation of chimneys, vents, rooftop architectural features and solar equipment in excess of permitted height limits; size or location of parking spaces or access to parking spaces; swimming pool and swimming pool equipment encroachments;roof parking of automobiles;minor modifica- Page 221 MODIFICATIONS COMMITTEE Chapter 20.81 tions and improvements to nonconforming buildings; lot line adjustments; tentative parcel maps; condominium conversion permits in accordance with Cahpter 20.73 of this Title; and such items as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council. The Modifications Committee shall also pass upon all requests to extend existing use permits which have been approved by the planning Commission and exercised by the applicant. (Ord. 94-47, November 9, 1994; Ord. 94-29, July 27, 1994; Ord. 94-17, May 11, 1994; Ord. 92-44, September 23, 1992; Ord. 92-7, May 13, 1992; Ord. 89-35, Dec. 27, 1989; Ord. 1854 § 2, 1980; Ord. 1268 § 1 (part), 1968) 20,81.030 HEARINGS. The Modifications Committee shall hold one or more regular meetings each month and may hold special meetings as necessary. Upon the receipt, in proper form, of any application filed pursuant to this chapter, a time and place for a public hearing shall be fixed, to be held not less than ten (10) days nor more than thirty (30) days thereafter. Upon the date set for the public hearing before the Modifications Committee, the Committee may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (Ord. 1268 § 1 (part), 1968), 20.81.040 REQUIRED NOTICE. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of one hundred (100) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. (Ord. 1705 § 3, 1977; Ord. 1695 §2, 1976; Ord. 1465 §2, 1972; Ord. 1268 § I (part), 1968). 20.81.050 APPLICATIONS. A. PROCEDURE. Application for a modification shall be made in writing to the Planning Department on forms provided by the City. Applications filed pursuant to this section shall be numbered consecutively in order of their filing and shall become a part of permanent official records of the City, and there shall be attached thereto copies of all notices and actions pertaining thereof. Application for modification may be made by the owner, lessee or agent of the owner of the property affected. The application shall be signed by either the record owner, the lessee or an agent of the owner, if written authorization from the record owner is filed with the application. However, in the case of a lot line adjustment,the record owners of all parcels involved shall sign the application form. B. INFORMATION REQUIRED. An application for a modification shall be accompanied by the following: Page 222 MODIFICATIONS COMMITTEE isChapter 20.81 (1) Plot plans showing all property lines, structures, parking, driveways, other major'improvements or facilities and landscaped areas. (2) Elevations of all proposed structures. (3) Other plans such as floor plans as may be required by the Planning Director to assure a proper consideration of the application. (4) In the case of a lot line adjustment, a map prepared by licensed surveyor or civil engineer showing the line to be adjusted, the property lines of the adjoining parcels, and structures adjacent to the line to be adjusted. C. FEES. Before receiving any application for a modification, the City shall,for purposes of defraying the expenditures incidental to the proceedings described herein, charge and collect a fee as established by Resolution of the City Council for each application. (Ord. 1854 § 2, 1980; Ord. 1686, § 6, 1976). • 20.81.060 ACTION BY COMMITTEE. A. INVESTIGATION. The Modifications Committee shall cause to be made, by its own members or its respective staffs, such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this section and sound planning practices. B. FINDINGS. In order to grant relief to an applicant through a modification, the Committee shall find that the establishment,maintenance or operation of the use of the property or building will not,under the circumstances of the particular case,be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. In the case of lot line adjustments, the following specific findings shall be made: (1) The project site described in the proposal consists of legal building sites; (2) Any land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment; (3) The parcels proposed to be created by the lot line adjustment comply with all applicable zoning regulations, and that there will be no change in the land use, density, or intensity on the property; (4) The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities. Page 223 MODIFICATIONS COMMITTEE Chapter 20.81 C. IMPOSITION OF CONDITIONS. The Modifications Committee may impose such conditions in connection with the granting of a modification as they deem necessary to secure the purposes of this title and may require guarantees and evidence that such conditions are being or will be complied with. D. RENDERING OF DECISION. After the conclusion of the hearing on any application for a modification,the Committee shall render a decision within fifteen(15)days unless otherwise stipulated by the applicant and the Committee. No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal, which for purposes of modifications shall be within fourteen (14) calendar days after the date of the Committee's decision. In the event an appeal is filed, the modification shall not become effective unless and until a decision is made by the Planning Commission on such appeal, E. NOTICE. The Modifications Committee shall set forth in writing the findings upon which the decision is made. A copy of said findings shall be mailed by first class mail to the applicant and any other interested person who makes request during the public hearing. A copy shall also be posted on the official notice board of City Mall until such time as the decision has become final, and copies shall also be directed to the Secretary of the Planning Commission and the City Council. (Ord. 1854 § 2, 1980; Ord. 1502 § 2, 1973; Ord. 1268 § 1 (part), 1968). 20.81.070 APPEAL. A. INITIATION OF APPEAL. In case the applicant or any other interested person is not satisfied with the action of the Modifications Committee, he may appeal in writing to the Planning Commission by filing a Notice of Appeal with the Secretary of the Planning Commission within fourteen (14) calendar days following the decision of the Committee. B. FEE. To partially defray the administrative costs of the City, the Notice of Appeal shall be accompanied by a fee as established by Resolution of the City Council. C. DATE-NOTICE. The Planning Commission shall set a date for public hearing and give notice in the same manner as prescribed in Section 20.81.040. Upon receiving Notice of Appeal to the Planning Commission,the written findings of the Modifications Committee shall be submitted to the Planning Commission together with all maps,letters, exhibits, and other documentary evidence considered by the Modifications Committee in reaching a decision. D. DECISION. The Planning Commission shall render its decision within thirty (30) days after the filing of such appeal. E. APPEAL TO CITY COUNCIL. Page 224 . MODIFICATIONS COMMITTEE Chapter 20.81 (1) In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the City Council by filing a Notice of Appeal with the City Clerk within fourteen(14) days following said action. Said Notice of Appeal shall be accompanied by a fee as established by Resolution of the City Council. (2) DATE-NOTICE. The City Clerk shall set a date for public hearing and give notice in the same manner as prescribed in Section 20.81.040. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission. Upon receiving Notice of Appeal to the City Council, the Planning Director shall submit a written report of the Planning Commission proceedings to the City Council, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (3) DECISION. The City Council shall render its decision within thirty (30) days • after the close of such hearing. F. RIGHT OF REVIEW BY CITY COUNCIL OR PLANNING COMMISSION. The Planning Commission or City Council, on their own motions, adopted by four affirmative votes, may elect to review any decision of the Modifications Committee approving an application for a modification. The City Council on its own motion, adopted by four affirmative votes, may also elect to review any decisions of the Planning Commission approving an application for a modification. In the case of a decision from the Modifications Committee, the Planning Commission's or City Council's right of review may be initiated at any time prior to the expiration of fourteen(14) days from the date on which the Modifications Committee renders its decision. Said review may be initiated by any member of the Planning Commission or the City Council by notification to the Planning Director. The Planning Director will thereafter impose a temporary stay of the Modifications Committee's action until such time as the Planning Commission or City Council shall meet and decide to exercise their right of review by four affirmative votes. In the case of a decision from the Planning Commission, the City Council's right of review may be initiated at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any application for a modification proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.81.070E(2). The City Clerk shall also give written notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review • proceeding,the Planning Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (Ord. 94-20, May 25, 1994; Ord. 1854 § 2, 1980; Ord. 1788, (part), § 1, 1979; Ord. 1774 (part), § 1 (part), 1979; Ord. III Page 225 MODIFICATIONS COMMITTEE Chapter 20.81 1686, § 7, 1976, Ord. 1686, § 8, 1976; Ord. 1502 § 3, 1973; Ord. 1464 § 1, 1972, Ord. 1268 § 1 (part), 1968). 20.81.075 NOTICE TO COUNTY ASSESSOR AND OWNER. Within thirty (30) days following the effective date of the Modification Permit, the Planning Department shall notify the County Assessor and the owner of record, in the event the Modification Permit was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code. (Ord. 1705 0 4, 1977). 20.81.080 REFERRAL TO PLANNING COMMISSION. In the event the Modifications Committee determines that an application should properly be heard by the Planning Commission, it may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this chapter. (Ord. 1502 § 4, 1973; Ord. 1268 § I q art), 1968). 20.81.090 EXPIRATION AND REVOCATION OF MODIFICATION AP- PROVALS A. EXPIRATION. Any Modification granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval unless a building permit has been issued and construction has commenced prior to the expiration date. The Modifications Committee may specify a different expiration date at the time of approval. B. VIOLATION OF TERMS. Any Modification granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Modification are violated, or if any law or ordinance is violated in connection therewith. C. HEARING. The Modifications Committee shall hold a hearing on any proposed revocation for violation of the terms and conditions of such modification after giving written notice to the permittee at least ten days prior to the hearing. (Ord.88-32,October 12, 1988; Ord. 1861 § 4, 1980; Ord. 1716 § 1, 19779 Ord. 1268 § I (part), 1968). 20.81.100 ADMINISTRATIVE ACT. The granting of any modification,when conforming to the provisions of this title,is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Modifications Committee and the Planning Director and the action thereon by the Modifications Committee or Planning Director shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or the zoning map of the City. (Ord. 1854 § 211980; Ord. 1502 § 50 1973; Ord. 1268 § 1 (part), 1968). Page 226 VARIANCES • Chapter 20.82 Chapter 20.82 VARIANCES Sections: 20.82.010 Policy. 20.82.020 Application. 20.82.030 Delegation of Authority to Community Development Director. 20.82.040 Public Hearings. 20.82.050 Action by Commission, Director or City Council. • 20.82.00 Appeal. 20.82.070 Right of Review by City Council. 20.82.080 Notice to County Assessor and Owner. 20.82.010 POLICY. Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this Title may result from the strict application of certain provisions thereof, variance may be granted as provided in this Chapter. (Ord. 635; December 12, 1950; 1949 Code $ 9106.3). 20.82.020 APPLICATION. A. FILING - FEE. Applications for variances shall be made in writing and filed in the office of the Planning Department on forms prescribed by the Commission and shall be accompanied by a filing fee as established by Resolution of the City Council. B. APPLICANT. Application for a variance may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the record owner, lessee, or may be signed by an agent of the owner if written authorization from the record owner is filed with the application. C. EVIDENCE. The application shall, in addition, be accompanied by a statement, plans and evidence showing: (1) That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. Page 227 VARIANCES Chapter 20.82 (2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. (3) That the granting of such application will not,under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. D. VARIANCE TO EXCEED BASE FLOOR AREA RATIO PROVISIONS OF CHAPTER 20.07. Variances may be approved to exceed the "Base FAR" up to the "Maximum FAR",consistent with the provisions of the General Plan Land Use Element and Section 20.07.040, if all of the additional findings are made: (1) It has been demonstrated that the traffic to be generated by the proposed Maximum FAR use will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq.ft.per day and 3 trip ends per 1,000 sgft. at peak hour,were developed at a floor area ratio of 0.5 Traffic generation shall be determined in accordance with City Council Policy S-1. (2) The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. (3) The building tenants would be restricted to the uses upon which the traffic equivalency was based. (4) The proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. (5) The increased development,including above grade covered parking,does not create abrupt changes in scale between the proposed development and development in the surrounding area. (6) That the proposed use and structures,including above grade covered parking, are compatible with the surrounding area. (7) The increased development, including above grade covered parking, will not result in significant impairment of public views. (8) That the site is physically suitable for the development proposed, including above grade covered parking, taking into consideration site characteristics Including,but not limited to,slopes,submerged areas,and sensitive resources, Page 228 VARIANCES • Chapter 20.82 Where development at an increased floor area ratio is approved, a covenant shall be recorded which would bind the current and future property owners to the Maximum FAR uses upon which the traffic equivalency for the higher floor area was based. (Ord. 89-19, Sept.13, 1989; Ord. 1686 § 9, 1976; Ord. 1566 § 3, 1974; amended by Ord. 1059 and Ord. 1272, 1968; 1949 Code § 9106.31 added by Ord. 635). 20.82.030 DELEGATION OF AUTHORITY TO COMMUNITY DEVELOPMENT DIRECTOR. A. DELEGATION BY RESOLUTION. The Planning Commission may delegate authority to act on any,specific class of variance. Such delegation of authority shall be made by formal resolution of the Planning Commission and shall be subject to confirmation by the City Council. The withdrawal of the authority so delegated to the Director may be accomplished in the same manner as the authority was originally delegated or by formal resolution of the City Council alone. B. DISCRETION OF DIRECTOR. The Director of Community Development may in his discretion decline to act on any application for a variance over which he has been granted jurisdiction and may refer the application to the Planning Commission for its decision. (Ord. 1059, 1963; 1949 Code § 9106.32). 20.82.040 PUBLIC HEARINGS. A. REQUIRED NOTICE. A public hearing shall be held on all variances, except as otherwise provided in this Chapter,within sixty (60) days after filing of the application; provided, however, that public hearings need not be held on applications over which jurisdiction has been delegated to the Director of Community Development. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300)feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. B. CONTINUANCE. Upon the date set for a public hearing or an appeal to the City Council, the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (Ord. 1705 §5, 1977; Ord. 1695 §3, 1976; Ord. 1465 §3, 1972; Ord. 1059, 1963; Ord. 635, 1950; 1949 Code §§ 9106.32, 9106.33). 20.82.050 ACTION BY COMMISSION, DIRECTOR OR CITY • COUNCIL. A. FINDINGS. In order to grant any variance, the findings of the Planning Commission, the Planning Director or the City Council in acting on appeals, shall be that the applicant has established the grounds for variance set forth in this Chapter. Page 229 VARIANCES Chapter 20.82 B. CONDITIONS. The Planning Commission, Planning Director, or City Council in acting on appeals, may designate such conditions in connection with the granting of a variance as they deem necessary to secure the purposes of this Title, and may require such guarantees and evidence that such conditions are being or will be compiled with. Such conditions may include requirements for off-street parking facilities as determined in each case. C. RENDERING OF DECISION. After the conclusion of the hearing on any application for a variance, the Planning Commission or the Planning Director shall render a decision within 35 days following the close of the hearing on the application. A variance shall not become effective for fourteen (14) days after being granted, and in the event an appeal is filed, the variance shall not become effective unless and until a decision granting the variance is made by the City Council on such appeal. The granting of any variance, when conforming to the provisions of this Title, is hereby declared to be an administrative function,the authority and responsibility for performing which Is imposed upon the Planning Commission and Planning Director and the action thereon by the Planning Commission or Planning Director shall be final and conclusive except in the event of an appeal as hereinafter provided. (Ord. 94-20, May 25, 1994; Ord. 1415 § 3, 1971: Ord. 1059, 1963: Ord. 635, 1950: 1949 Code §§ 9106.33, 9106.34). 20.82.060 APPEAL A. INITIATION OF APPEAL In case the applicant or any person, firm or corporation is not satisfied with the action of the Planning Commission or the Planning Director, he may appeal to the City Council by filing a written notice of appeal with the City Clerk within fourteen (14) days after the decision is made. Said notice of appeal shall be accompanied by a fee as established by Resolution of the City Council. B. DATE -NOTICE. The City Clerk shall set a date for public hearing of the appeal and give notice as required in Section 20.82.040. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission, or the Planning Director if the appeal is from a decision of the Planning Director. Upon receiving notice of an appeal to the City Council, the written findings of the Planning,Commission or the Planning Director shall be submitted to the City Council, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commission or the Planning Director in reaching a decision. C. DECISION. The City Council shall render its decision within 60 days after the filing of such appeal. (Ord. 94-20, May 25, 1994; Ord. 1686 § 10, 1976; Ord. 1415 §4, 1971; Ord. 1272, 1968; Ord. 1059, 1963; Ord. 635, 1950; 1949 Code §§ 9106,34, 9106.35). 20.82.070 RIGHT OF REVIEW BY CITY COUNCIL The City Council, ' on its own motion, adopted by four affirmative votes, may elect to review any decision of the Planning Commission granting a Variance. The City Councirs right of review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which Page 230 VARIANCES • Chapter 20.82 the Planning Commission renders its decision. In any Variance proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.82.040. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission proceedings, together with all maps,letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (Ord. 94-20, May 25, 1994;Ord. 1706 § 1, 1977). 20.82.080 NOTICE TO COUNTY ASSESSOR AND OWNER. Within thirty (30) days following the effective date of the Variance Permit, the Department of Community Development shall notify the County Assessor and the owner of record, in the event the Variance Permit was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code. (Ord. 1705 § 6, 1977). 20.82.090 EXPIRATION AND REVOCATION OF VARIANCE APPROVALS. • A. EXPIRATION. Any Variance granted in accordance with the terms of this title shall expire within twenty-four (24) months from the date of approval unless a Building Permit has been issued and construction has commenced prior to the expiration date. The Planning Commission and the City Council may specify a different expiration date at the time of approval. B. VIOLATION OF TERMS. Any Variance granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated, or if any law or ordinance is violated in connection therewith. C. HEARING. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. (Ord. 88-32, October 12, 1988; Ord. 1861, 1980). Page 231 NONCONFORMING STRUCTURES & USES Chapter 20.83 Chapter 20.83 NONCONFORMING STRUCTURES AND USES Sections: 20.83.010 Intent and Purpose. 20.83.020 Definitions. 20.83.030 Nonconforming Structures. 20.83.040 Nonconforming Uses. 20.83.050 Nonconforming Parking. 20.83.060 Restoration of Damage or Destruction. 20.83.070 Seismic Safety 20.83.010 INTENT AND PURPOSE. The purpose of this Chapter is to: A. Regulate the ability of property owners to continue in the use and enjoyment of their . property; B. Permit and promote property maintenance; C. Discourage certain actions which might serve to perpetuate or intensify a nonconforming use or structure; and D. Encourage conversions and alterations which will achieve greater conformity with current codes. (Ord. 90-22, June 13, 1990). 20.83.020 DEFINITIONS For the purpose of this Title, the following words and phrases shall be defined as specified in this section. A. NONCONFORMING. Lawful when established or constructed but, due to subsequent changes in this Title, not in conformance with current zoning ordinances. The term nonconforming does not include uses or structures which were not established or constructed in conformance with then current zoning ordinances. B. NONCONFORMING USE. A use of land which was lawful and in conformance with the zoning ordinance when established but, due to subsequent amendments to this Title, is not currently permitted in the district in which it is located or is permitted upon the approval of a use permit and no use permit has been approved in accordance with Chapters 20.72 and 20.80. C. NONCONFORMING STRUCTURE. A structure which was lawful and in conformance with this code when constructed but, due to subsequent amendments to the code, does not conform to the current development standards applicable to the district in which it is located. IL __ Page 232 NONCONFORMING STRUCTURES & USES Chapter 20.83 of D. CATEGORY 1 ALTERATION. Minor, nonstructural alteration including, by way of illustration, replacement of less than twenty ave percent (25 %) of the exterior wall covering (by area) or interior remodelling involving less than twenty-five percent (25 %) of the gross floor area of the structure, within any twelve month period. E. CATEGORY 2 ALTERATION. Moderate alteration including, by way of illustration,replacement of up to fifty percent(50%)of the exterior wall covering(by area), interior remodelling involving up to fifty percent (50 %) of the gross floor area, alteration of less than twenty-five percent (25 %) of structural elements, or replacement of less than twenty-five percent (25 %) of the perimeter walls (by area) of the structure within any twelve month period. F. CATEGORY 3 ALTERATION. Significant alteration including, by way of illustration, replacement of over fifty percent(50 %) of the exterior wall covering(by area), interior remodelling involving over fifty percent(50 %) of the gross floor area, or alteration of up to fifty percent(50%)of the structural elements,or replacement of up to fifty percent (50 %) of the perimeter walls (by area) of the structure within any twelve month period. G. CATEGORY 4 ALTERATION. Major alteration including, by way of illustration, alteration of up to seventy-five percent (75 %) of the structural members or replacement of up to seventy-five percent (75 %) of the perimeter walls (by area) of the structure within . any twelve (12) month period, H. CHANGE IN OPERATIONAL CHARACTERISTICS shall include, without limitation and by way of illustration, any of the following: 1. Any substantial increase in the hours of operation; 2. The introduction of live entertainment or dancing; 3. A loss of on-site or off-site parking spaces for a period of ninety(90) days or more which would reduce available parking below the number currently required by provisions of this Title. 4. The introduction of; or an increase in, the number of valet, tandem, or compact parking spaces. (Ord. 90-22, June 13, 1990). 20.83.030 NONCONFORMING STRUCTURES A. MAINTENANCE AND REPAIRS. Ordinary maintenance and repairs may be made to any nonconforming structure. No structural alterations shall be made except as provided in Subsections B and C below. Maintenance and repairs shall be limited to painting, patching, reroofing, and,incidental replacement of nonstructural elements. B. SPECIAL PROVISIONS/TENANT IMPROVEMENTS. Notwithstanding other provisions of this chapter, where a commercial or industrial structure has been rendered Page 235 NONCONFORMING STRUCTURES & USES Chapter 20.83 R-1-B, R-2-B, R-3-B, R4-B, and MFR-B Districts which are nonconforming only because amendments to this Title have changed side yard requirements subsequent to the original construction of such buildings may be continued in the construction of additions. G. SPECIAL PROVISIONS/TIME FRAMES. Notwithstanding any other provision of this Section, where a residential structure has been rendered nonconforming solely because the property upon which the structure is located has been rezoned, alteration of those nonconforming conditions resulting solely from the zoning amendment shall be permitted within two years of the effective date of such amendment provided there is no increase in the nonconforming condition and subject to compliance with all other provisions of this code. (Ord. 91-14, April 4, 1991; Ord. 90-22, June 13, 1990). 20.83.040 NONCONFORMING USES A. INCREASE AND INTENSIFICATION OF NONCONFORMING USES. A nonconforming use may be increased or intensified by way of a change in operational characteristics,provided that a use permit is first obtained and the use is permitted subject to the approval of a use permit. A nonconforming use may not be increased or intensified unless it is permitted by right or upon the approval of a use permit in the district in which it is located. However, a residential use made nonconforming by virtue of a zoning amendment adopted subsequent to October 24, 1988, and which is located in a district where residential uses are permitted, may be enlarged or increased subject to the approval of a use permit and compliance with the provisions of this Title. B. CHANGE OF NONCONFORMING USE. A nonconforming commercial or industrial use may be changed to a conforming use provided that the requirements of Chapter 20.07 (Floor Area Ratios and Building Bulk) are satisfied and the change does not create or increase a deficiency in code required offstreet parking. A nonconforming residential use may be altered to reduce the number of dwelling units provided there is no increase in gross square footage and the provisions of Chapter 20.69 (Low and Moderate Income Housing Within the Coastal Zone) are satisfied. A nonconforming use may be changed to a use of a similar nature provided no intensification or enlargement of nonconforming uses occurs except as provided in Subsection A above,and provided that the new use is no less compatible with the surrounding area. C. CESSATION OF NONCONFORMING USE. All rights to maintain a nonconforming use are lost if the use is voluntarily abandoned or changed to a conforming use, and the land shall thereafter be used only in accordance with current regulations for the District in which it is located. (Ord. 90-22, June 13, 1990). Page 236 NONCONFORMING STRUCTURES & USES So Chapter 20.83 20.83.050 NONCONFORMING PARKING A. RESIDENTIAL USES. Where residential uses are nonconforming only because they do not provide the number of parking spaces required by this Title, the following alterations are permitted: 1. ]dumber of Spaces a. Residential development having less than two parking spaces per dwelling unit: i) Category i and 2 Alterations,provided no increase in gross floor area is proposed. ii) Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms. ii) Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification to the Zoning Code. ' All other alterations shall be permitted only upon the approval of a variance in accordance with the requirements of Chapter 20.82. b. Residential development having at least two parking spaces per dwelling unit may be altered or expanded as provided in subsection a., except that: i) The approval of a modification to the Zoning Code shall not be required for the addition of a new room provided that there is no net increase in the number of habitable rooms. ii) Additional rooms may be added upon the approval of a modification to the Zoning Code. 2. Size of Parking�Spaces a. No discretionary approvals shall be required for the alteration or expansion of buildings which are nonconforming only because amendments to this Title have changed the dimensions of required parking spaces subsequent to the original construction of the building, provided that the building and any proposed addition shall conform to current provisions of this Title with regard to the number of required parking spaces. Page 237 NONCONFORMING STRUCTURES & USES Chapter 20.83 b. Where the dimensions of required parking spaces do not meet provisions of Subsection 2 a, above, or current standards, alteration of the structure may be permitted only upon the approval of a modification to the Zoning Code. B. NONRESIDENTIAL USES. Where commercial structures and uses are nonconforming only because they do not provide the number of parking spaces required by this Title, the following shall be controlling: 1. Continuation or Change. Nonconforming uses and structures in commercial and industrial zoning districts may be continued or changed to a use requiring the same or less on-site parking, consistent with all other provisions of this Title. 2. Remodeling Repairs or Alterations A nonconforming structure may be altered without complying with the parking requirements currently set forth in this Title, provided no increase in required parking would result, and the provisions of Section 20.83.030 are satisfied. 3. Enlargement or Intensification. a. More Than Ten Percent (10%) Increase t The nonconforming structure or use may be enlarged by more than ten percent (10%) of its original gross floor area, or onsite uses may be intensified such that code required parking would increase by more than 10%,in any twelve month period, only if all code required parking is provided, unless a waiver or reduction of the parking re uirg�ement is authorized by use permit. () - A n Plyg-b cfi,- y� b. Less Than Ten Percent (10%) Increase lJaied lJ�l�'af a JurCauc� A nonconforming structure or use may be enlarged by less than ten percent (10%) of its original gross floor area or intensified to generate less than a ten percent (10%) increase in code required parking, upon the provision of code required parking attributable to the enlargement or intensification. i 4. Removal. All nonconforming rights with regard to parking shall be lost for any structure which is demolished. (Ord. 90-22, June 13, 1990). 20.83.060. RESTORATION OF DAMAGE OR DESTRUCTION A. NONCONFORMING USE. A nonconforming use occupying land, a building, or portion thereof which is otherwise conforming and damaged or destroyed by fire, explosion,earthquake,or other disaster may be reestablished,provided that restoration work is commenced within twelve (12) months after the damage,or destruction occurs and is pursued diligently to completion. Page 238 NONCONFORMING STRUCTURES & USES Chapter 20.83 B. NONCONFORMING STRUCTURE OR PARKING 1. JJp To 90 % Damage or Destruction. a. General Provisions A nonconforming structure, which is partially destroyed by fire, explosion, earthquake, or other disaster, may be repaired or restored as a matter of right if the cost of the repair or restoration is less than ninety percent (90%) of the appraised value of the structure in excess of the building foundation at the time of the damage as determined by an independent,licensed appraiser retained by the property owner. In the absence of an appraisal provided by the property owner, the damage or destruction shall be presumed to exceed ninety percent(90%) of the appraised value if, in the opinion of the Building Director, the cost of repair or restoration exceeds ninety percent (90%) of the assessed value as specified on the latest equalized assessment roll. The rights conferred by this section are contingent upon diligent application for a building permit after the damage or partial destruction occurs and diligent pursuit of repairs to completion. b. Special Provisions Notwithstanding the provisions of subparagraph a, where a structure is nonconforming due to an encroachment into a setback or into the required distance between buildings, and the encroachment is more than ninety percent (90 %) destroyed, a modification shall be required for replacement or repair of the encroachment. When a structure is nonconforming due to excessive height, bulls, gross floor area, or lack of open space, and the nonconforming condition is more than ninety percent (90 0lo) destroyed, the nonconforming condition may be restored only after approval of a use permit pursuant to Chapter 20.80 with the following additional findings, subject to the limitations in Subsection D below: i. That replacement of the nonconforming condition is necessary to maintain reasonable use of the structure or individual condominium unit. U. That replacement of the nonconforming condition is necessary to preserve a substantial property tight. 2. Greater Ilan 90 % Destruction. If a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than ninety percent (90%) of its appraised value in excess of the building foundation at the time of the damage as appraised by an independent, licensed appraiser retained by the property owner, then the nonconformity may be restored only if a use permit Page 239 NONCONFORMING STRUCTURES & USES Chapter 20.83 is first approved by the Planning Commission, or City Council on review or appeal, provided application for the use permit is made within twelve months after the damage or destruction occurs and the following findings are made in addition to those findings required in accordance with Section 20.80.060 A subject to the limitations in Subsection D below: a. That replacement of the nonconforming condition is necessary to maintain reasonable use of the property or individual condominium unit. b. That replacement of the nonconforming condition is necessary to preserve a substantial property right. 3. Removal of Portions of the Structure Not Destroyed or Damaged. If a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than fifty percent(50%) of its appraised value in excess of the building foundation at the time of the damage as appraised by an independent, licensed appraiser retained by the property owner, then a maximum additional twenty percent (20%) of the structure may be removed and replaced if necessary to pursue restoration of the structure. Any additional portions of the structure may be removed and replaced, only upon the approval of a use permit and subject to the following findings in addition to those findings required in accordance with Section 20.80.060 A: a. That substantial additional expense would be created by the necessity of working around the additional portion of the structure to be removed when repairing the damaged or destroyed portion. b. That replacement of the nonconforming portion of the structure which was voluntarily removed is necessary to preserve a substantial property right; or that the rebuilt portion of the structure will more nearly conform to the provisions of this Code. C. AGING AND DETERIORATION. The provisions of this Section shall not be construed to permit replacement of nonconforming conditions in structures undergoing renovation, remodel, or reconstruction, structures damaged by ongoing natural processes such as dry rot or termites or structure which have deteriorated due to age. D. CONDOMINIUM UNITS. When a use permit is required for replacement or repair of any condominium units which are damaged or destroyed by fire earthquake, explosion, or other disaster, no reduction in the number of units shall be required. The replacement units shall be permitted to be equivalent in size and location to the units which were damaged or destroyed. (Ord. 90-33, September 12, 1990; Ord. 90-22, June 13, 1990). Page 240 NONCONFORMING STRUCTURES & USES Chapter 20.83 20.83.070 SEISMIC SAFETY. Notwithstanding any other provision of this Chapter, alterations to a structure required to comply with the minimum provisions of Chapter 15.07, "Earthquake Hazard Reduction," and California Government Code Section 8875 shall be permitted. (Ord. 90-33, September 12, 1990). Page 241 AMENDMENTS • Chapter 20.84 Chapter 20.84 AMENDMENTS Sections: 20.84.010 Method of Amendment. 20.84.020 Initiation. 20.84.030 Public Hearings. 20.84.040 Action by Planning Commission. 20.84.050 Action by City Council. 20.84.060 Right of Review by City Council. 20.84.070 Notice to County Assessor and Owner. 20.84.010 METHOD OF AMENDMENT. This Title may be amended by changing the boundaries of districts or by changing any other provisions thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this Chapter. (Ord. 635, 1950: 1949 Code § 9106.5). • 20.84.020 INITIATION. An amendment may be initiated by: (a) The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanied by a fee as established by Resolution of the City Council, no part of which shall be returnable to the petitioner. (b) Resolution of intention of the City Council. (c) Resolution of intention of the Planning Commission. (Ord. 1686, § 11, 1976: Ord. 1611 § 4, 1975: Ord. 1566 § 4, 1974: Ord. 1272 § 7, 1968: Ord. 1011, 1962: Ord. 635, 1950: 1949 Code § 9106.51). 20.84.030 PUBLIC HEARINGS. A. REQUIRED NOTICE. The Planning Commission shall hold at least one public hearing on any proposed amendment, and shall give notice thereof by at least one publication in a newspaper of general circulation within the City at least ten (10) days prior to the first of such hearings. B. REQUIRED NOTICE TO PROPERTY OWNERS. In case the proposed amendment consists of a change so as to reclassify any property from any district to any • other district, the Planning Commission shall cause additional notice of such hearing to be mailed not less than ten(10) days before the hearing date,postage prepaid,using addresses from the last equalized assessment roll or, alternatively, from such other records as contain Page 242 AMENDMENTS Chapter 20.84 more recent addresses, to owners of property effected by the proposed amendment, and to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. If the number of owners to whom notice would be mailed pursuant to this Section is greater than 100 (one hundred), the Planning Director, at his discretion, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one- eighth page in two newspapers of general circulation within the City at least ten days prior to the hearing. In all cases, notice shall be given by mail to the owner of property that is the subject of the proposed amendment. In addition to the mailed notice, notice of such hearing shall be posted in not less than two conspicuous places on or close to the property at least test (10) days prior to the hearing. (Ord. 88-28, Sept. 7, 1988; Ord. 1705 § 7, 1977: Ord. 1695 § 4, 1976: Ord. 1465 § 411972: Ord. 845, 1958: Ord. 635, 1950, 1949 Code § 9106.52). C. CONTENT OF NOTICE. The notice required by this Section shall include, at a minimum, the date, time, and place of the public hearing, and a brief description of the amendment. (Ord. 88-28, Sept. 7, 1988) D. NOTICE TO AFFECTED HOMEOWNERS ASSOCIATION. In addition, when applicable,the Homeowners Association having jurisdiction over the affected property shall also be notified as provided herein. (Ord. 88-28, Sept, 7, 1988) 20,84.040 ACTION-BY PLANNING COMMISSION. Following the hearing provided for by Section 20.84.030,the Planning Commission shall approve or disapprove the proposed amendment. If approved, the Planning Commission shall make and file a report of its findings and recommendations with the City Council. The Planning Commission shall make its decision and file its report no later than ninety (90) days after the first published notice of the Planning Commission hearing, unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Plan- ning Commission to take action on the proposed amendment or failure to report within the time limit shall be deemed to be approval of the proposed amendment by the Planning Commission. If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within fourteen (14) days after such disapproval. (Ord. 94-20, May 25, 1994, Ord. 1415 § 61 1971: Ord. 937, 1960: Ord. 635, 1950: 1949 Code § 9106.53), 20.84.050 ACTION BY CITY COUNCIL. Upon receipt of such report from the Planning Commission, or upon the expiration of the time limit prescribed in Section 20.84.040, or upon the filing of any appeal, the City Council shall set the matter for one public hearing giving notice thereof as prescribed in Section 20.84.030. Page 243 AMENDMENTS . Chapter 20.84 Notice shall also be given to the Planning Commission of such appeal, and the Planning Commission shall submit a report of its findings and recommendations to the City Council setting forth the reasons for the decision of the Commission, or the Commission shall be represented at the hearing. After the conclusion of such hearing, the City Council may adopt or reject the'proposed amendment, or any part thereof; in such form as the Council may deem to be advisable, or the Council may refer the matter back to the Planning Commission for further study and recommendation. Said notice of appeal shall be accompanied by a fee as established by Resolution of the City Council. The decision of the City Council shall be rendered within sixty days after the receipt of a report and recommendation of approval from the Planning Commission or after the expiration of the time limit prescribed in Section 20.84.040, or within sixty days after the filing of any appeal. (Ord. 1686, § 12, 1976: Ord. 1548 § 1, 1974: Ord. 1272 § 8, 1968: Ord. 937, 1960: Ord. 635, 1950: 1949 Code § 9106.54). 20.84.060 RIGHT OF REVIEW BY CITY COUNCIL. Any proposed amendment to this Title, initiated by the City of Newport Beach, which is disapproved by the Planning Commission, may be reviewed by the City Council on its own motion, adopted by four affirmative votes. The City Council's right to review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commis- sion renders its decision. In any amendment proceeding in which the City Council exercises its right of review, the City Clerk shall set the matter for public hearing, giving notice thereof as prescribed in Section 20.84.030. The City Clerk shall also give written notice to the Planning Commission and to the Planning Department. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission's proceedings, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commission in reaching its decision. (Ord. 94-20, May 25, 1994; Ord. 1548 § 2, 1974: Ord. 1414 § 1, 1971). 20.84.070 NOTICE TO COUNTY ASSESSOR AND OWNER. Within thirty (30) days following the effective date of any Amendment which results in a change from one district to any other district, the Department of Community Development shall notify the County Assessor and the owner of record, in the event the Amendment was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code. (Ord. 1705 § 8, 1977). • Page 244 A APPEALS Chapter 20.85 AEEEAL$ Chapter 20.85 APPEALS' Sections: 20.85.010 Appeal Procedure. • 20.85.010 APPEAL PROCEDURE. A. AUTHORITY OF COMMISSION. The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this Title. B. APPEAL TO CITY COUNCIL. In case an applicant is not satisfied with the action of the Planning Commission on his appeal he may within fourteen (14) days appeal in writing to the City Council. C. NOTICE TO COMMISSION. Notice shall be given to the Planning Commission of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reason for action taken by the Commission or shall be represented at the Council meeting at the time the matter is heard. D. RENDERING OF DECISION. The City Council shall render its decision within thirty (30) days after the filing of such appeal. (Ord. 94-20, May 25, 1994; Ord. 1415 § 7, 1971: Ord. 1059, 1963: Ord. 635, 1950: 1949 Code §§ 9106.35, 9106.36). • Page 245 ENFORCEMENT Chapter 20.86 ENFQR�EIviE �TT Chapter 20.86 ENFORCEMENT Sections: 20.86.010 Responsibility for Enforcement. 20.86.020 Penalty for Violations. 20.86.030 Declaration of Nuisance - Abatement. 20.86.040 Effect of Remedies. 20.86.010 RESPONSIBILITY FOR ENFORCEMENT. All departments, official and public employees of the City of Newport Beach, vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings or purp-ses in conflidt-with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title shall be null and void.It shall be the duty of the Building Inspector to enforce the provisions of this Title pertaining to the creation, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. (Ord. 635, 1950: 1949 Code § 9109.1). 20.86.020 PENALTY FOR VIOLATIONS. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Three Hundred Dollars ($300) or by imprisonment in the County Jail or the City Jail for a term not exceeding one Such person,firm or corporation hundred days,or b both such fine and imprisonment. S p n, �h' Y � Y day during an portion a separate offense for each and eve y p shall be deemed to be guilty of p every Y g of which any violation of this Title is copmiitted�-or continued by such person, firm or corporation and shall be punishable as herein provided. (Ord. 635, 1950: 1949 Code § 9102.2). Page 246 ENFORCEMENT Chapter 20.86 20.86.030 DECLARATION OF NUISANCE - ABATEMENT. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this Title, shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or , proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and - restrain and enjoin any person, firm or corporation from setting up, erecting, bui1ding,. maintaining, or using any such building contrary to the provisions of this Title. (Ord 635, 1950: 1949 Code 19109.3). 20.86.040 EFFECT OF REMEDIES. The remedies provided for herein are cumulative and not restrictive. (Ord. 635, 1950: 1949 Code § 9109.4). Page 247 DEFINITIONS Chapter 20.87 Chapter 20.87 DEFINITIONS Sections: 20.87.010 Effect of Chapter 20.87.020 Alley. 20.87.030 Automobile Court (Motels). 20.87.032 Automobile Service Station. 20.87.033 Bar. 20.87.035 Basement. 20.87.037 Beauty Parlor. 20.87.040 Boarding House. 20.87.050 Buildable Area. 20.87.060 Building. 20.87.070 Building, Accessory. 20.87.080 Building, Main. 20.87.085 Building, Relocatable. 20.87.090 Building Site. 20.87.100 Business, Retail. 20.87.110 Business, Wholesale. 20.87.120 Combining District. 20.87.130 District. 20.87.135 Drive-In and Take Out Restaurant. 20.87.136 Drive-In Facilities. 20.87.140 Dwelling Unit. 20.87.150 Dwelling, Single-Family. 20.87.160 Dwelling, Two-Family or Duplex. 20.87.170 Dwelling, Multiple. 20.87.180 Family. 20.87.182 Floor Area, Gross. 20.87.184 Floor Area, Net. 20.87.190 Fortune Telling 20.87.205 Height of Building. 20.87.207 Helicopter. 20.87.208 Heliport or Helistop. 20.87.210 Hotel. 20.87.220 Junk Yard. 20.87.225 Major Automobile Repairs. 20.87.227 NO Salon. • 20.87.230 Nonconforming Use. 20.87.235 Outdoor Restaurant. Page 248 DEFINITIONS Chapter 20.87 20.87.240 Parking Area. 20.87.250 Parking Lot. 20.87.260 Parking Space. 20.87.263 Readily Transportable, 20.87.264 Recreational Establishment. 20.87.265 Restaurant. 20.87.270 Reversed Frontage. 20.87.280 Rooming or Boarding House. 20.87.283 Solar Equipment. 20.87.285 Story. 20.87.290 Street. 20.87.300 Street Line. 20.87.310 Structure. 20.87.320 Structural Alterations, 20.87.325 Theater/Nightclub. 20.87.330 Trailer Court. 20.87.340 Use. 20.87,350 Use-accessory, 20.87.355 Use-ancillary, 20.87.360 Yard. 20.87,370 Yard - Front. 20.87.380 Yard - Rear. 20.87.390 Yard - Side. 20.87.010 EFFECT OF CHAPTER. For the purpose of this Title,certain terms used herein shall have the meaning assigned to them by this chapter. (Ord. 635 (part), 1950: 1949 Code § 9107.1). 20.87.020 ALLEY. The term "alley" shall mean any public thoroughfare which affords only a secondary means of access to abutting property. (Ord. 635(part), 1950; 1949 Code § 9107.11). 20.87.030 AUTOMOBILE COURT(MOTELS). The term"automobile court (motels)" shall mean a group of two or more detached or semi-detached buildings containing guest rooms or apartments, with automobile storage space serving such rooms or apartments provided in connection therewith,which group is designed and used primarily for the accommodation of transient automobile travelers. (Ord. 635 (part), 1950: 1949 Code § 9107.12). 20.87.032 AUTOMOBILE SERVICE STATION. The term"Automobile Service Station" shall mean a retail place of business engaged in the servicing of motor vehicles, including those activities and operations as specified in Section 20.70.050, but excluding major automobile repairs. (Ord. 1411 § 1, 1972). 20.87.033 BAR. The term "bar shall mean a P i lace of business with the principle purpose to sell or serve alcoholic beverages for consumption on the premises and Page 249 DEFINITIONS Chapter 20.87 • may include live entertainment.and/or dancing as accessory uses to the primary sale and service of alcoholic beverages,provided further that such live entertainment and/or dancing shall occupy less than twenty percent (20%) of the "net public area." (Ord. 94-55, Dec. 28, 1994). 20.87.035 BASEMENT. The term'basement"shall mean that portion of a building between floor and ceiling,which is partly below and partly above grade as defined in this Chapter, but so located that the vertical distance from the floor below is less than the vertical.distance from grade to ceiling. (Ord. 1115 (part), 1965: 1949 Code§9107.121). 20.87.037 BEAUTY PARLOR. The term"beauty parlor" shall mean any building, structure or portion thereof, or any business or enterprise where the principal use or purpose of the business or enterprise is either: 1) The arranging, curling, permanent waving, cleansing, coloring, beautifying, or otherwise treating by any means the hair of any person, or massaging, cleansing,beautifying the scalp, face,neck, arms, or upper part of the human body,with or without the use of cosmetic preparations, lotions, or cremes; or,2) The use of electrolysis to remove hair, or; 3) The manicuring, massaging, cleansing, treating, or beautifying of the hands or feet or nails of any person where no more than 25%of the work stations are dedicated to the manicuring,massaging, cleansing,treating,or beautifying of the hands, feet or nails of any person. (Ord. 95-10, April 26, 1995). 20.87.040 BOARDING HOUSE. The term'boarding house"shall mean a dwelling other than a hotel where lodging or lodging and meals for three or more persons is provided for compensation. (Ord. 635 (part), 1950: 1949 Code § 9107.13). 20.87.050 BUILDABLE AREA. The term'buildable area"shall mean the area of a building site, excluding any basic minimum side, front and rear yard spaces, required for buildings three stories or less in height. (Ord. 974 (part), 1961: 1949 Code § 9107.131). 20.87.060 BUILDING. The term 'building" shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel. (Ord. 635 (part), 1950: 1949 Code § 9107.14). 20.87.070 BUILDING,ACCESSORY. The term"accessorybuilding"shall mean a subordinate building, the use of which is incidental to that of the main building on the same lot and/or building site. (Ord. 634 (part). 1950: 1949 Code § 9107.15). 20.87.080 BUILDING, MAIN. The term "main building" shall mean a building in which is conducted the principal use of the lot and/or building site on which it is situated. (Ord. 635 (part), 1950: 1949 Code § 9107.16). . 20.87,085 BUILDING, RELOCATABLE. The tern"relocatable building" shall mean a structure designed for human occupancy for industrial, commercial or Page 250 DEFINITIONS Chapter 20.87 professional purposes in such a manner as to be readily transportable from site to site. (Ord. 1774 (part), Section 1, 1978). 20.87.090 BUILDING SITE. The term "building site" shall mean a subdivided lot, parcel of land or contiguous combinations thereof which is occupied or intended to be occupied by a main building or buildings and their accessory buildings, together with such yards and open space as are required by the terms of this Title and the Uniform Building Code, and which fronts directly upon or has permanent access to a street as defined under Section 20.87.090 of this Title and required by the Uniform Building Code. A. COMBINING OF LOTS AND PARCELS REQUIRED. Where said building site contains a lot, a parcel or combination of lots and/or parcels which, because of their individual size, configuration or location, are insufficient to meet the requirements of this Title as a separate building site; or where a building crosses or is planned to cross an existing property line,no new construction or alteration to a single-family dwelling or duplex in excess of$20,000.00 shall be permitted until such time as the owner or owners of said lots or parcels has caused to be executed and recorded a covenant and agreement to hold said lots or parcels as a single building site. Said covenant and agreement shall have been approved by the City Attorney as to form and the Planning Director as to content. In the case of all other forms of development, no new construction or alterations to existing structures in excess of$20,000.00 shall be permitted until such time as said lots or parcels shall have been resubdivided into a single building site, The dollar amounts noted in this section shall be increased automatically, based upon any interim increase in the Consumer Price Index(the Los Angeles-Long Beach and Anaheim Index) and this automatic increase shall be calculated and become effective July 1, 1993 and thereafter,on July 1 of each Fiscal Year for which the Consumer Price Index change applies. B. WAIVER OF COMBINING REQUIREMENT. Where new buildings are planned to be built or where existing buildings have been found to be constructed over existing lot lines and where said building site is found or intended to be under multiple ownerships or a combination of ownerships in fee, leasehold, or other estate in real property, the requirement for a covenant and agreement or a resubdivision as required in Subsection A may be waived by the Planning Commission upon findings that the estate in the real property is of sufficient length to guarantee that the lots or parcels which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site, and that all other requirements of the Newport Beach Municipal Code and policies of the City which otherwise would be accomplished by the combining of said lots and/or parcels can be met. The Planning Commission or City Council, on appeal,may impose such conditions as deemed necessary to-secure the purpose of this Title,(Ord. 92-26, July 8, 1992; Ord. 86.8, May 28, 1986; Ord. 1723 § 10 1977; Ord. 1624 § 1, 1975; Ord. 1547 § 1, 1974; Ord. 845 (part), 1958; Ord. 635 (part), 1950, 1949 Code § 9107.17). 20.87.100 BUSINESS, RETAIL. The term"retail business"shall mean MEMO To: Planning Staff From: Javier Garcia, Senior Planner Date: November 8, 1995 Re: Section 20.87.090 A. Combining of Lots and Parcels Required Section 20.87.090 A of the Municipal Code provides for an automatic increase in the dollar amount mentioned based upon the Los Angeles - Long Beach and Anaheun Consumer Price Index (CPI) for the fiscal year ending June 30, 1995 and effective on July 1, 1995. Based on an increase in the CPI of 2.3% for the fiscal year ending June 30, 1995, the dollar amounts mentioned in Section 20.87.090 A are hereby increased to $21,181 ($20,705.00 x 1.023=$21,181.00)effective immediately. This memorandum should be placed in your Zoning Code proximal to Section 20,87.090 A for future reference. CL JA R S. GAKUk Senior Planner FA...UAY-GVvM-NMSUBFE95.DOC Page 251 DEFINIUONS Chapter 20.87 • the retail sale of any article, substance, or commodity for profit or livelihood, conducted within a building but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind. (Ord. 635 (part), 1950: 1949 Code § 9107.18). 20.87.110 BUSINESS,WHOLESALE.The term"wholesale business"shall mean the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials, or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. (Ord. 635 (part), 1950: 1949 Code § 9107.19). 20.87.120 COMBINING DISTRICT. The term"combining district"shall mean any district in which the general district regulations are combined with those of a"B" or "H" District for the purpose of adding additional special regulations, i.e. R-1 combined with"B"(R-1-B) increases the area and yard requirements. C-1 combined with"H" (C-1-H) adds the additional requirement of off-street parking (Ord. 635 (part), 1950: 1949 Code § 9107.20). 20.87.130 DISTRICT. The term"district"shall mean a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which • certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this Title. (Ord. 635 (part), 1950: 1949 Code § 9107.21)., 20.87.135 DRIVE-IN AND TAKE OUT RESTAURANT. The terms "drive-in", "walk-up" and "take out" restaurants shall mean a place of business which sells food products or beverages and which: 1. Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter or similar method or device, or 2. Delivers such food products or beverages to customers within a building which is designed in such a manner that a majority of the customers will remove such food products or beverages from the building for consumption either on the premises or in the immediate vicinity. (Ord. 1266 § 1, 1968; Ord. 1202 § 1, 1967). 20.87.136 DRIVE-INFACILITIES. The term"drive-infacility"shallmean any place of business, excluding gasoline service stations and drive-in restaurants, which transacts any part or all of its business directly with customers within a vehicle. (Ord. 1380 § 1, 1971). 20.87.140 DWELLING UNIT. The term "dwelling unit" shall mean any area within a structure on any parcel which: (1) Contains separate or independent living facilities for one or more persons, Page 252 DEFINITIONS Chapter 20.87 with area or equipment for sleeping, sanitation and food preparation, and which has independent exterior access to ground level; or (2) Is being utilized for residential purposes by one or more persons separately or independently from occupants of other areas within the structure. Dwelling units constructed after August 24, 1972, must contain a minimum of 600 square feet of floor area within the surrounding walls of a building. (Ord. 88-43, December 14, 1988; Ord. 88-26, August 24, 1988; Ord. 1804 § 1, 1979; Ord. 1830 (part), § 1, 1979; Ord. 1579 § 2, 1974; Ord. 635 (part), 1950; 1949 Code § 9107.22) 20.87.150 DWELLING, SINGL8-FAMILY. The term "single-family dwelling" shall mean a detached building containing one dwelling unit. (Ord. 1579 § 2, 1974; Ord. 635 (part), 1950; 1949 Code § 9107.23), 20.87.160 DWELLING, TWO-FAMILY OR DUPLEX. The term "two-family dwelling" or "duplex dwelling" shall mean a building containing two dwelling units, (Ord. 1579 § 3, 1974; Ord. 845 (part), 1958; Ord. 635 (part), 1950; 1949 Code § 9107.24). 20.87.170 DWELLING, MULTIPLE. The term"multiple dwelling"shall mean a building or group of associated buildings each of which contains three or more �- dwelling units. The term shall include apartments, apartment hotels, attached dwellings, etc. (Ord. 1579 § 4, 1974; Ord. 635 (part), 1950; 1949 Code § 9107.25). 20.87.180 FAMILY. The term "family" shall mean: (1) any group of persons living as a single housekeeping unit within a dwelling unit as defined in Section 20,87.140 of the Newport Beach Municipal Code. (2) The term "family" shall not apply to residential care facilities for six or fewer developmentally disable, mentally disordered, or otherwise handicapped persons.(Ord. 84.8 § 1, April 11, 19840 Ord. 1804 § 2, 1979; Ord. 1579 § So 1974: Ord. 1173 § 1, 1966: Ord. 635 (part), 1950; 1949 Code § 9107.26.) 20.87.182 FLOOR AREA, GROSS. "Gross Floor Area" is the area included within the surrounding exterior walls of the building or portion thereof, exclusive of vent shafts and courts. The floor area of a building,or portion thereof,not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above, (Ord. 1404 § 1, 1971). 20.87.184 FLOOR AREA,NET. "Net Floor Area"is the area included within the surrounding walls of a building,exclusive of vent shafts,elevator shafts,stairways, exterior corridors or balconies,rooms containing only mechanical and electrical equipment used for service of the building, utility shafts and parking. (Ord. 1404 § 7, 1971). Page 253 DEFINITIONS ' Chapter 20.87 20.87.190 FORTUNE TELLING BUSINESS. The term "fortune telling business" shall mean any place of business where any person conducts, engages in, practices, or p rofesses to practice, the art of palmistry, astrology, life reading, clairvoyance, crystal gazing, mediumship, spirit photography, spirit voices, spirit writing, spirit materialization, etherialization, prophecy, divination, or any other similar art, craft or procedure for the purpose of telling fortunes, predicting future events, finding or restoring lost property, locating natural resources and products, restoring lost love, friendship or affection, or finding or uniting lovers,husbands,wives, lost relatives or friends and for which the person receives, either directly or indirectly, any form of consideration for engaging in such activity. (Ord. 84-26, January 9, 1985). 20.87.205 HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure directly above,provided that a roof shall be measured to the average height of the roof,but that no part of the roof shall extend more than five (5) feet above the permitted height in the height limitation zone. (Ord. 1454 (part),1972;Ord.1115, 1965;Ord. 635,1950: 1949 Code § 9107.28). 20.87.207 HELICOPTER. The term"helicopter"shall mean any rotocraft which depends principally for its support and motion in the air upon lift generated by one or more rotors that rotate on substantially vertical axes. (Ord. 1127, 1965; 1949 Code § 9107.281). 20.87.208 HELIPORT OR HELISTOP. The term"heliport" or"helistop" shall mean any area designed, used or intended to be used for the landing or taldng off of helicopters, including all appurtenant areas,buildings and facilities. (Ord. 1227, 1965; 1949 Code § 9107.282). 20.87.210 HOTEL. The term "hotel"shall mean any building or portion thereof containing six or more guest rooms, used, designed or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation whether the compensation for hire to be paid directly or indirectly. (Ord. 635, 1950; 1949 Code § 9107.29). 20.87.220 JUNK YARD. The term'junk yard"shall mean the use of more than one hundred square feet of the area of any lot or the use of any portion of that half of any lot, which half adjoins any street, for the storage of junk, including scrap metals or other scrap materials or for the dismantling or"wrecking" of automobiles or other vehicles, or machinery whether for sale or storage. (Ord. 635, 1950: 1949 Code § 9107.30). • 20.87.225 MAJOR AUTOMOBILE REPAIRS. The term"Major Automo- bile Repairs" shall mean any extensive work involving the disassembly and/or overhaul of the engine, clutch, transmission or differential. Also, body, frame and fender repair, painting, welding, upholstery work, tire recapping, glass replacement or similar activities shall be considered as major repair work. (Ord. 1411 § 2, 1972). Page 254 DEFINITIONS Chapter 20.87 20.87.227 NAIL SALON. The term "nail salon" shall mean any building structure or portion thereof, or business or enterprise where the principal use or purpose of the business is to manicure the nails of any person or massage, cleanse, or treat, or beautify the hands, or feet of any person. (Ord. 95-10, April 26, 1995). 20.87.230 NONCONFORMING USE. The term "nonconforming use" shall mean a use that does not conform to the regulations for the district in which it is situated. (Ord. 635, 1950; 1949 Code § 9107.31). 20.87.235 OUTDOOR RESTAURANT. The term "outdoor restaurant" shall mean a place of business which sells or serves food products or beverages for consumption on the premises where such place of business is located, and which provides for, or permits consumption of, such food products or beverages out-of--doors other than on an incidental basis. (Ord. 1505 § 2, 1973; Ord, 1202 § 2, 1967). 20.87.240 PARKING AREA. The term "parking area" shall mean an off-street parking area containing fewer than five spaces, (Ord. 10310 1963; 1949 Code $ 9107.311). 20.87,250 PARKINGLOT. The term"parkinglot"sball mean anoff-street parking facility containing five or more parking spaces. (Ord. 1031, 1963; 1949 Code § 9107.312). 20.87.260 PARKING SPACE. For residential uses the term "parking space"sball mean an accessible and usable space of not less than 19 feet,clear length,inside measurements(except for the third required space noted below),and four feet, clear height, inside measurements, in the front four feet of said space, for the parking of automobiles off the street, such space to be located on the lot so as to meet the requirements of this Title. The following width for parking spaces shall also apply (except for the third required space noted below): 1. There shall be a clear width of not less than nine feet, four inches, inside measurements, for a single parking space; and 2. There shall be an additional clear width of not less than eight feet,ten inches, for each parking space after the first space when several spaces are parallel to each other and not separated by any walls, partitions, posts or columns; provided, that if there are only two such spaces, their total clear width may be a minimum of seventeen feet, six inches, inside measurements. The third required parking space for any structure may be reduced in area to a clear width of not less than eight feet,inside measurements,and to a clear depth of not less than sixteen feet, inside measurements. Any such roofed parking space to be so located on the front one-half of a lot shall have side walls and an operating garage door for access of automobiles. Page 255 DEFINITIONS . Chapter 20.87 The location and size of parking spaces for other uses shall be established by resolution of the City Council. (Ord. 1876 § 7, 1981; Ord. 1856, § 18, 1980.) The term"accessible" as used in this definition shall mean capable of being reached directly from an adjoining vehicular right-of-way or over an improved hard-surfaced driveway. Where access to a required parking space is taken over a driveway, said driveway shall be maintained free and clear at all times except for the parking of currently registered,licensed motor vehicles, and for temporary obstructions which are, incidental to the use of the property. Said temporary obstructions in the driveway shall be permitted only for a period of seventy-two (72) hours. (Added by Ord. 1889; November 9, 1981). 20.87.263 READILY TRANSPORTABLE. The term "readily trans- portable" shall mean easily movable from one location to another without the use of professional and housemoving equipment, i.e., in order to move the building to the site all that is necessary is to add temporary "trailer type" wheels directly to the frame of the building or to carry it on a typical motor vehicle. (Ord. 1744 (part), § 2, 1978). 20.87.264 RECREATIONAL ESTABLISHMENT. The term'9eae- ational establishment"shall mean any building,structure, or portion thereof, or any business . or enterprise, the primary use or purpose of which is amusement or recreational activities, and shall include but not be limited to an arcade with amusement devices as defined in Chapter 5.34, miniature golf courses, gyms, health clubs, car racing facilities, tennis clubs, golf courses, and other businesses or enterprises that are of a similar nature. (Adopted by Ord. 83-6; February 23, 1983). 20.87.265 RESTAURANT. The term "restaurant" shall mean a place of business with the principle purpose to sell or serve food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than 25% may be permitted out-of-doors on a patio, deck or terrace that is integrated into the building design, and where the area devoted to live entertainment and/or dancing does not exceed twenty percent(2017o) of the"net public area." (Ord. 94-52, November 23, 1994; Ord. 1505 § 1, 1973). 20.87.270 REVERSED FRONTAGE. The term"reversed frontage"sball mean a key lot or the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the comer lot and fronting on the street which intersects the street upon which the corner lot fronts and/or which faces the street upon which the side of a comer lot abuts. (Ord. 635, 1950; 1949 Code § 9107.33). 20.87.280 ROOMING OR BOARDING HOUSE. The term"rooming or • boarding house" shall mean a dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation. (Ord. 635, 1965; 1949 Code § 9107.34). Page 256 DEFINITIONS Chapter 20.87 20.87.283 SOLAR EQUIPMENT. The term"solar equipment"shall mean any solar collector, skylight, or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, water heating, or for power generation. (Adopted by Ord. 83-18 § 2; April 27, 1983). 20.87.285 STORY. The term"story"shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story. (Ord. 1481 § 1, 1972; Ord. 1173 § 11 1966; Ord. 115, 1965; 1949 Code § 9107.341). 20.87.290 STREET. The term "street" shall mean a public or private thoroughfare which affords principal means of access to abutting property,including avenue, place,way,drive,lane,boulevard,highway,road and any other thoroughfare except an alley as defined herein. (Ord. 635, 1950; 1949 Code § 9107.35). 20.87.300 STREET LINE. The term"street line"shall mean the boundary line between a street and property. (Ord. 635, 1950; 1949 Code § 9107.36). 20.87.310 STRUCTURE. The term "structure" shall mean anything constructed or erected, the use of which required location on the ground or attachment to something having location on the ground. (Ord. 635, December 12, 1950; 1949 Code § 9107.37.) 20.87.320 STRUCTURAL ALTERATIONS. The term "structural alterations" shall mean any change or replacement in the supporting members of a building such as bearing walls, columns,beams or girders. (Ord. 1876§6, 1981;Ord.635,December 1% 1950; 1949 Code § 9107.38.) 20.87.325 THEATER/NIGHTCLUB. The term"theater/nightclub"shall mean a place of business with the principle purpose to conduct live entertainment and/or dancing and may include the sale and service of food and/or beverages as an accessory use to the primary use of live entertainment and/or dancing. (Ord. 94-55, Dec. 28, 1994). 20.87.330 TRAILER COURT. The term "trailer court" shall mean land or premises used or intended to be used, let or rented for occupancy by or of trailers or movable dwellings, added by Ord. 635; December 12, 1950). 20.87,340 USE. The term"use"shall mean the purpose for which land or premises of a building thereon is designed, arranged, or intended or for which it is or may be occupied or maintained. (Ord. 635,December 12, 1950; 1949 Code § 9107.40.) Page 257 DEFINITIONS Chapter 20.87 20.87.350 USE-ACCESSORY. The term"use-accessory"shall mean a use incidental and accessory to the principal use of a lot or a building located on the same lot. (Ord. 635, December 12, 1950; 1949 Code § 9107.41.) 20.87.355 USE-ANCILLARY. The term"use-ancillary"shall mean a use that a) is clearly incidental to and customarily found in connection with the principle use; b) is subordinate to and•serve the principle use; c)is subordinate in area, extent, or purpose to the principle use served; d) contributes to the comfort convenience, or necessity of the operation, employees, or customers of the principle use served. An ancillary use may be located on a property separate from the principle use. (Ord. 92-47, December 9, 1992). 20.87.360 YARD. The term"yard" shall mean an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted. (Ord. 635, December 12, 1950; 1949 Code § 9107.42 20.87.370 YARD - FRONT. The term "front yard" shall mean a yard extending across the front of the lot between the inner side yard lines and measured from the front property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the front of the lot faces, then such yard shall be measured from such official plan line. (Ord. 932, August 8, 1960; Ord. 635, December 12, 1950; 1949 Code § 9107.43.) 20.87.380 YARD - REAR. The term "rear yard" shall mean a yard extending across the full width of the lot and measured from the rear property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the rear of the lot faces, then such yard shall be measured from such official plan line. (Ord. 932, August 8, 1960; Ord. 635, December 12, 1950; 1949 Code § 9107.44.) 20.87.390 YARD - SIDE. The term "side yard" shall mean a yard extending from the front property line of the lot to the rear yard and measured from the side property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the side of the lot faces, then such yard shall be measured from such official plan line. (Ord. 932, August 8, 1960; Ord. 635, December 12, 1950; 1949 Code § 9107.45). 4 •