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Home My WebLink AboutZONING CODE_2005 Zoning Code 2005 �► CITY OF NEWPORT BEACH ZONING CODE v 3 • Y • h APPROVED BY: ORDINANCE NUMBER 97-09 ADOPTED: MARCH 24, 1997 PREPARED BY: THE CITY OF NEWPORT BEACH PLANNING DEPARTMENT TITLE 20 _ PLANNING AND ZONING PART I - GENERAL PROVISIONS Chapters: 20.00 General Provisions 20.03 Definitions 20.05 Use Classifications PART II - BASE ZONING DISTRICTS Chapters: 20.10 Residential Districts 20.15 Commercial Districts 20.20 Industrial Districts 20.25 GEIF District 20.30 OS Districts 20.35 Planned Community District 20.40 Specific Plan District 20.41 Specific Plan District#4: Newport Shores 20.42 Specific Plan District#5: Mariner's Mile . 20.43 Specific Plan District#6: Cannery Village/McFadden Square 20.44 Specific Plan District#7: Santa Ana Heights 20.45 Specific Plan District#8: Central Balboa 20.46 Specific Plan District#9: Old Newport Boulevard 20.47 Specific Plan District#10: Corona del Mar(Reserved) PART III - OVERLAY ZONING DISTRICTS Chapters: 20.50 B Overlay District 20.51 Mobile Home Park(MHP) Overlay District 20.52 Residential(R) Overlay District 20.53 Interim Study(IS) Overlay District 20.54 Parking Management(PM) Overlay District 20.55 Site Plan Review (SPR) Overlay District 20.56 Planned Residential Development(PRD) Overlay District 00 20.57 Mariner's Mile(MM) Overlay District PART IV - GENERAL DEVELOPMENT REGULATIONS Chapters: V 20.60 Site Regulations 20.61 Amateur Radio and Satellite Dish Antennas 20.62 Nonconforming Structures and Uses 20.63 Floor Area Ratios and Building Bulk 20.64 Transportation Demand Management Ordinance 20.65 height Limits 20.66 Off-Street Parking and Loading Regulations 20.67 Signs PART V - SPECIAL USE REGULATIONS Chapters: 20.80 Automobile Service Stations 20.81 Oil Wells 20.82 Eating and Drinking Establishments 20.83 Residential Condominium Projects 20.84 Time Share Developments 20.85 Accessory Dwelling Units 20.86 Low and Moderate Income housing Within the Coastal Zone 20.87 Massage Establishments 20.88 Adult-Oriented Businesses 20.89 Alcoholic Beverage Outlets PART VI - ADMINISTRATION Chapters: 20.90 Zoning Administration 20.91 Use Permits and Variances 20.92 Site Plan Review 20.93 Modification Permits 20.94 Amendments 20.95 Appeals 20.96 Enforcement PARf VII-DISTRICTING MAPS APPENDICES Appendix A Subsequent Amendments Appendix B Errata Appendix C Interpretations PART VII: DISTRICTING MAPS PART VII: DISTRICTING MAPS DISTRICTING MAP NEWPORT BEACH - CALIFORNIA I INDEX MAP - A SECTION NUMBERS SHOWN IN CIRCLES 314LL IN ILET THIS DISTRICTING MAP AND ALL MATTERS —�-=•= SHOWN THEREON AREA PART OF ORDINANCE ADOPTED BY RESOLUTION OF THE NO. 635 PASSED AND ADOPTED BY THE CITY PLANNING COMM15SION CITY COUNCIL ON DEC. 26. 1350 AS BEING NOV. 16"',1950. PART OF THE MASTER PLAN OF THE CITY OF Atte*t NEWPORT BEACH. CALIFORNIA. Att.At ,a p = SEE INDEX MAP-e FOR UPPER RAY AREA J ; r rr/r'r� - u !s r4 z� EtF. ' • LA •L x c "I'r;r-1x. ,� 04 '�"� ��r:r1� .. • \ <I.�t 1 4 Ass�g1� 1 1 l 7 ©I "ic•t'STvi � ri 1 t+TrT7t�L. i:��"" �hE` �\. •ti/':� 'r 1�� ti 1 4 �� .�.�.•]T /° `- rI[Ir is t• RLe p .''.Ll t""� �` ,' t;� i •` 'yLtl.�d .l Y•�—'�.a`� N O Uto YLUI!cc 1.3t-,2 DISTRICTING MAP NEWPORT BEACH — CALIFORNIA R—A AGRICULTURAL RESHMMTML MULTIPLE RE31MMML r—R-1-1 31MLE FAMILY RELIGENTA. hl LICIT COMMERCIAL R—L DUPLEX REDIOLNTIAL G—L GENERAL COMMERCIAL —B ,'�N COOMBINING O'S"Ims IIESOLMTML ,U CLASSh'DIEOG^t� 11—MOIATC • ,.�-_,�_ TG .3G1.•, ./,._..E ..,,.L INDEX A 1 ® Q ; INDEX MAP — B 1 SECTION NUMBERS SHOWN IN CIRCLES 1 D.CS. 1 61 1 O y . 44 � Lj 67 ; Y till • 1 y 43 = O i O i 62 , `J 1 = 49 ••• I W Y6 I I — y owl n•� I sZ 5I . , 1 I _ + y t /AY - i.r c,,,t ere... w/YIIIf DISTRICTING MAP NEWPORT BEACH = CALIFORNIA R-A A00CU 7yWAL RESIDENTIAL C-1 LRRIT CONMERCIAL I INTERMEDIATE R-1 SSIDLE FAWLY RESIDENTIAL C-2 GENERAL COIYIERCIAL U UNCLASSINED R-2 DUPLEX RESIDENTIAL R- REM ARLTPLE FRAY nEmemUAL CONTROLLED MAAPACTIANC R- W TIPLE RESIDENTIAL MANOFACTU11e10 - -1 COMBINING DISTRICTS te . 0"ao. No. s76 INDEX B emu.. rinl Axc. pp see IprRra �,Yv.u I b ! *i IE OS-A e. y ropy A -\ O =LE 1".200' bRc' +! q�Tmy OS s ~� bT ��¢// /�5� ' q/�'•i �w 14ry a �(7( �J( // �'•/i 7 i I 1 iL Afa/Aff un E(ie,lcc c:rws e.a/I,MI,�fwa a.N. '" '$� ~• � ki' ° BUMS or f mm i owA m/�T.a IIrONI W.NAR•E(!uN � `Ri° � f +Oi fi! < p.Pp.Apr' wV.4bC 0 SIIJ'R.fet.W.LTbAC N.44 RI R \\\ of o[a/6lf llr I,9locR 9 I[yfY.Qft. M i CI q 0A4/ O/C4IK /4fN N0.4 rl-lil "uM ia�A)a / +, f p MMJ" 'ANMxON'lV%2f`VKN'¢'A-iAq O "` \1 UIEIRII f61N ,TJVNNS !IINA NN IDR9L ROnl FLflOS A.YM SETUCK N SON \ Ofl0.Na 82-27 DELETE D' ANO W.WN8 ON BONORA ST.AND DRIVE.(A- AND W.D'nl.YlL2ETSACK ON SEASingE DRIVE.(A-Tag Y-S-Bt) ORD,W.9836 anssDv p�Amc ro ae v AcnvEl mvic� l �' JEE M 2 REV.TULY2r.20W DISTRICTING MAP CITY OF NEWPORT BEACH CALIFORNIA ADD ..— OR0. G!AS DEC.28,I840 R•A AORIOULTURAL-RESIDENTIAL DIRRRCT C•N NEIONSORNOOD CO NMAL DISTRICT Y•1 WNUEAC IKO DISTRICT dBiE nI11 REVISIONS �S 0 A R•I S11Y dSTRICT C•0 LIYf(mWM CERCYL-YVInRLE RGIOYRIAL DYTeRT IFIA CONiROLLID YAWEACNRIND dSTYCT N9Aha 0°mam.w%pd RED% � R•2 DA REYDERMAL DIDTAICT C•i COY U,,, Y[AGAL DR, NO caNedlxO ON W DIaTnCT � R•9 REVIRIC111m, NdTII'm REatFMY1.DISTRICT C•2 BENENAL COWERCIAL DYTNICT O COMMIll OR •Z•OWT%bCT nmi.n.Ic>-rn.-w r-xew ql 4 IGO m mo Kp MAP NO. IRT NTW- R•4 NYEE RVRDE DIRRUn 1� INTERLeDIAM DIaTICTR O a'nm8iim•us-A'Ma by ' !]}tq °- I III OSpN6 TYdY m yxl ifY �� BO COYSdIN4 OR •R•DISTINCT U� VKCLAESInm DISTMCT O OSv.M.nn gny��p d�O 0N Hs,�toga eNN W NwNL I.t++IZ. 1 Y 4 ?a �•� �/TY BOUNQgRY s <14 RI ••.., , wEsr 9? Qt a IL ^•� B OCa^ t l4•'• Ib SIG �� ` ,9 � n�>•• ^',•`` C n%A? aFR NJ y`yw . ' •�q n'TcJ 1 '.. r �^'� � ' of 97'a •• �J- . 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July25,2004 9-Z1-3005 REV. /-886 DISTRICTING MAP NEWPORT BEACH - CALIFORNIA [::d AGRICULTURAL RESIDENTIAL RH MULTIPLE RESIDENTIAL SINGLE FAMILY RESIDENTIAL C—I LIGHT COMMERCIAL DUPLE% RESIDENTIAL C-2 GENERAL COMMERCIAL SCALE OF FEET WIMPLE FAMILY RESIDENTW. Y-1 MANUFAOTUIUNG ORD.NO.655 COMBINING DismaTS u UNCLASSIFIEDOff; I850 MAP ND.DO +h in Feet Shawn Thus. -Ia- W I N.11/ N 12-.q y t yv p• RS 2 \�v 'yF Avfsr s �>ff !2a �c lsr b � ape Pz'�g Obj \..\` a o.ry ate. Pry ry �o' y v .\° cygN`` I Ta..c' `•�Ay, ,e yves �`: e-1 y�e \ `z ry ' T'• [� '6. ^'a tea. '\- b NEWPOFr BAY ,''\L�3,'n 'G;'1' P PG ,\d Q%°51. AP � '4 �'•�_�__--_—__ O2` __ '•� ° ry �2 �,�ry X �04 P � �1'p' (�vy' e'ry� N, O �• =ry Pry o`g Q. c\ n rp �E o Pry :� OP• Pry" o p o �h 4 .n y, y 3 tio :� 6 ` ti O. 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Su 29,2004 \ 2 5t• fANI PI s H-N W sP-6. wY2t.Mec N a , 30,+ Renx.91•F9 eG"`:".,wu wc'uwt\w I�un�Gal°n`rvo`•.na"+Twa pR6902 RQONE SPECIFFIC PROPERTIES TO MFR 6-26-90 DISTRICTING MAP OPD, °°�° �� •�-GERRW.B D3°WG® OR 'RI r°-4D TO X R6L SP6GIF4 PRaPHfi'I[S mR•30M-� +ITQ�P-A9 FIpH 6T0. 10-9-+= N E W P O R T BEACH — CALIFORNIA 93-5 S+A6L19 R.G6 Fcor Nr YAR°4Ere"r Peq°YI rb,N,W�trOE �bNad Ml6aAie LVrol4A3CWWL JAT10N E ACgICULTURAL RESIDENTIAL R-4 MULTIPLE RESIDENTIAL$-16-93 SINGLE FAMILY RESIDENTIAL I UGNT COMMERCIAL 0RO t005-LT A4taN Or,pte2067?01 W h OFD.NRTI-IN 61DAXy Lorsl•s ANO DUPLEX RESIDENTIAL C-2 v lv,r�AL6eex0v.Flte✓•9G'rn Pa'4•Is 990 GENEML CONMIRCIALSCALE OF FEET MULTIPLE FAMILY RESIDENTIAL M-1 MANUFACTURING ORD NO.GMIOOANANING DISTRICT UNCLASSIFIED MAP NO.Da h In Fee+ Sh°w.Thus:-ID- yT P GLIIF DRIVE l (QI ✓P(JO/L •f1yH ye_ � K �+ YIEM y �P9 r ry° rro• d 9. 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A REV.7aly 27,2004 \ \ llf M40 AAll6 Duh+ctrvlM27/1990 CamrrcNd(P5C)tothe Munk-fmivly RuidmTd Ord Na2003.17- °rngng Hr2emy dcnTaNanrf qupratyNmnfkdm3950 Vb Opvru fnun 6emm nld,EdrElbM,oa LMlhabrcl Fatlhha(bF4]iv Rct lmd DISTRICTING MAP ft�bi I Svn cCoi w0,.H C)-Al.100 1 ORD,3000.22 WWa Wl b. b!c e AaNea k, 8A.d¢Eta4ed the Sign NEW PORT BEACH Pm — CALIFORNIA o qy-11-14-200D OR0.NCL 639 R—A ADRIMLTUUL RESIDENTHIL R—a MULTIPLE RESIDENTIAL M.2005-17 Adopt a EmC 206] rvqt�i+eC x,ISSo R-1 c-1 a atywds b .TNNi vama�iel wes th sdb s � SIUPLEX RIU RESIOE)ITIAL LIGNTGDYNERGW, R-2 DUPLEX RE9D[MTIAL C-2 GENEUL:OYMERCIaL (0RD.2000-22){IVE thb pisry{clpg M.P.9-27-20I5 OF mp R-3 K5T'D Mmnru MIEI.T RESIDENIML 1F-1 NANURImANG O SCA p m � ieE a - CONSININS DISTRIGrs UNCLASSIFIED A • MAP NO. TAA S ACK N TTHUS-0- LIMITED -COMMERCIAL y. _ "X MAP No. 12-4 RSC 64 ES 4LpY dB 2 c`� MjOR l2e0`IRS,t!'-s-r.Prr�.� LJ t,rra 4/ {E � . y xr• .-[tom. wwor LIF qz a . reJA.tArANIp .� y Q(I. 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B QO 0.90-44 PNE]PECIFlC PROpERTI TIE9 TO NFR 1-20-90 D I S T R I C T I N G MAP NP. �.R N1 oT.K..NPNNa RaaPR ORO �;•N] R42o11N BPEGIFlc pRePARrrNE rw rtromrt([IRPWP)WAYiOf CTg$'Ay,a°L1sIII"R a.e]r.°-r'•'I'm'our NEWPORT BEACH — CALIFORNIA YARD lE.9MX rmm 10 wmw CWSNo93E AVE.FAmNrL r R-A AGRICULTURAL RESIDENTIAL R-O LOTi•BLRN32.GMJAc a[CfIGU Q LIGHTMULTIPLE RESIDENTIAL 5-16.93 R-E SINGLE X R RESIDENTIAL a-1 LIGHT COMMERCIAL oRD.N0.44-14 OInCRNyyLOT51•S ANO SrAcF49N R-2 GENERAL COMMERCIAL u l_T r..WAL9ArnuY.Fl{or.!!Tn¢b•y,r!-9P DUPLEX RESIDENTIAL C-2 SCALE OF FEET MFR MULTIPLE FAMILY RESIDENTIAL M-1 MANUFACTURING ORD.NO,G3$ o�too .wo cps opp -6 -N COMBINING 013TRIOT UNGLASSIFIEO Fronk Yard De h In S*+ Shown Th"•-lo- DEC.ERG,19so MAP NO. S euPr cw✓e �e `\ •�, R-t Haut tc' / \� I` , !\ � 4 V \ �� 'ryH '� R•t R-I tLI YllM 9 5 __J( r y ✓ IY-12- if � fMRNMK fN Y�� T \\b� �r l i V�• �L ry qI ��. s� 9 Balboa 5cam vuo verlLlay T +e tc tMrgulet fwrdNlhsAe�Pom � �\ 0 51gAai'(OrTL 200032) 4 d ~ :i....nLL .�.«..rLLo .oae»wr.�»Lv I.u.» •"r.L A$C � N ♦ \ / \�\ tx ut•s.;ec:,lLa 4nut cw .a. �+y` Pi6Q/ \ .w.ri, a» �Iwwwl.0 rlY.r.,«•'.1o,c.xw-. ><er ..c.i L i nw war <QO \ oRo 11-45 RsQ or 6lCCIFl�'.�PAOPFRa'ICS mo RSG tK k ^r-�-•T tlT \ �•KL•n•7X STA r l CHWCG -NCFTH NEWfbRT 6140.- 1� 1 r— �� ,` R1 o1P SrJAMT D-aC-91 \\ atfo.95-I4 ASC-9E TO GVS CHURCH DRopERTy FFOM RSC-H ro GEIF 6-7-115 r0A MAn AM.• REV.J*27.ZW4 \� 000 At111 N s \\ bwiedG11he33096bekM Ya4do hvntlti 1 PAW.SLniL<andCammmciaLQISC)to theWt;-FL WfjAuUeWw bistricl,4127/199i t DISTRICTING _ MAP N E W P O R T BEACH — CALIFORNIA pgrtytd mNfaiedw34SUY op" GwrnwiLnM.EAasltasd..Id LrHNtiend FoaiticK6ETF) STYARG A�RKN U"I.ttillC[KTYL >tis WAnPLC MftoiilTtAtSOME rAIKI I WADITIAL C—I LI{AT CCMMLII " FMDUPLEX 0911GDinkiL C-2 "ACIAL Commolvi, SCALX or ura PEffft MUMPLi A FIVINDaln•r tF-I t"Nutr4TDRM on CM sw UNCLARIRW L� r ar w CDl�ltlltli KiillKTt C IAL OtK:2W.11ISO —*MAP no.(4 �` � aNAAy.sse o..n.n i•�f;AH c°"f•A.« w.xh ONq Nq>H J Jf�,/M;'IiJ.SrL wwe/(J-G�p�1•[ g ''ty, .k 4) Y.T �a1YJ agV,(1NTa n I JI a o' 6 ♦ / �� aPq w.1>t.,... ...a .�...1 Mn Na..A. A.aw .,, F GxA Aau{, mo YxA 101G1°nYWxNI TAx 44AUAMi AT )1DAMi AA�x9xM x[t- Pg, 9 'q[r N QP'NO \ � (C iw x°x°IsiLi er iin/i"wxs ari uum°'ie xw- O A I....... . ..I(I.l.AN.11aYG•1-Y TY xy. f)P�AF JI xy G••;., / G.or n,x IR Ix°a.aA° rt.xD°.....°.�.a•:°°::.meeG. NDfi p' F' a.rom[ •• ".0 rx.Y ncx..,xtcgnn[ax 1Ag IILP ?•/ i ' / GDw Af�n `fET FIpN tF NE WLM�••D fTA413NED 2D 9s, P� R U $5 EPgvERTY EMTf of>A°tETlI[9 LOGTED 1 PS / ,ry M'TwtCR SWTA ANA ZO REDUNOS AVFS scs°b 9N'3 VACAr#o AW AAY�E4 N! OFA P:0.>.wa 6 (+ 'AT RIORT-OF-MIT ALONG BAOAD AT BFTWkell $INTA ANA AA4 PEDLCNOS AKS /y�32YP 1 ••yT� j-/ b I DO,p/ s 9r ;Y s' � R'. � ° 9, qo c� PJ� 9r ryo o e \♦ Elo.ol� AO � �.) � - .lo- °e°' ,Ip OTLO v,sr •' ;k° - q/ m�`-t, .. hp / 9. �1PN "flr w�Oh "9r ,o PI 9.r ti• �.r C [?lo R 2 nanE v� r OF" 9.r�P 9� EAd '9 y° axy"e /xAP R•1 R•I 2 tST -20 P rry P J�• 9 Np'� r EAR j � fl-I R•I N w r.a RPM c T\ ;D - < (\ � R"Z � Jpl.'y ti Rzo• �. ,IJ 9,r ry O� y\h ,P' � P�,o �Aa 9 T. ` fl•i R-1 'fig \' A .4.4 I/e• $ ORf '-. PARK $ "➢r F.\�P <P o a R- R_I _ G q.l; f' T Y��^ �• '/�\j J�� 9' .°j " f E "y u. ''°. 12'1 Lp• � �.5 s A05 v<, EV /� �4 A v 0 fAll -5. .TY Y C 5 Qg C) oL \. N .�•) .1/P a° 56 5 SEE ATAP NO.¢ ., OAO 91-4S RE30NE 6PEb Rc PNaPETM61 DISTRICTING MAP To"RSc eTA IR-y-q>. NEWPORT BEACH CALIFORNIA RES.NA 9)•)A $fKEf NNIC CIEwGE-iM01 tl°lu RT tlW0 fO W as x'1uA1 ER-A RESIDENTIAL r R-4 MULTIPLE RESIDENTIAL , SUIGIE FAMILY RESIDENTIAL C' .. LIGHT COMME RGIAL ,H-2 DUPLEX NESIIIENML t C� GkNENA1 COMMUC1AL 54ALE OF kkEr RR'] Rf5T4 NULTIftE FAMILY RESIDENTIAL 1•M 1 1 MANUFACTURING. ---_ - ORO NO GJS G Uu L-R 1,[1 COMBINING DISTRICTS UNCLASSIFIED O• Front Yard Da th In Feet Shown Thus 1r10- cm c'G,1950 •MAP N°.. Sdt MAP A10.4 .SLE MAP M1. .¢I �o N QL \\ \ , �` .fp-,,. ` t � , •+. AR. iAA.F "'�er.a i0r[ro•S'�.Airn{))J.,l'/s..�(n�('(2 2 \\ Q; \\\°'• , N�;\�6 4 . f U P a ,.[yam 7 S l.IR Ae. Lyb L7•wMblfiGM AA..wr NNIL.NJtw � \ y �• � • Lets Ab.9TA !a{.ML/lAellMdlil�il Q * r ! T ° a '+. \� eet.w mr [!cr<rmzaiFc awonnw.QAenau y R iFew x MNVRZAaCSJ [am>a xo \ O � q.i I •-' � � ` ONO.NO.INFi! 1160=;10 pF10 !Ip![RTO TO YIIf \ °R°N441'•�$ NEiON 6PKtAt PIt0/RiRS Iz A NSC NIC. •e.+z ` � ! .T° � E � 1 , ' 'i -dt6Ay7t-3t. NcsaNe nus.A r✓AcLw+. fc. Da4.T9 �� . _ _ � 4 ON.N.aOo® Lw4r.Atls JMYIN.»Qr' `� REV.Tuly27.=4 ` r`�`_IO• y SEE NAP AM. DISTRICTING MAP NEWPORT BEACH — CALIFORNIA N"A Aattcuvwm wmoornp. N-3 PWJD NUtnt F*W llrlWMAL N-1 0161.[11AW11 Nt�1IIA1. C-t UeNr 00mm"CaL NK OUPL[% N6OBHDIL C-2 cERMLCO02310AL WALE or WATim MW_y MMM4L LA 0°l w DMTNtcr Y UNcl.Al°IFICO ow Zm low •Ar NO. 6 end ti rwm SEE MAF' No,23 YTt<M2NAI HCWVI<Gf 44>IO f.W.b.Y(WLM Jmo (TJO F✓STAtft MWeVi lY.4i1'3S'CVIJWN Jdtk:rJ4/L�dl(PA'[L<fShY<OWJ> / M'NWIb XfYJf(J/JNALV(/M'!L<//LWE• \ \\\ / WJI/O$'.Y A.wG'GSl.6].IAItiAl ;vy<wE.EFIIe/i>E J-6•fo ' \�\ -�•�;10 � sue` .j t ` '�%a.. ' 1 �O/ \ \ ' •~' F 4� 1�� Ali /I/ J FEV.A1 SEE MAP .YO. /G `\\ DISTRICTING MAP NEWPORT BEACH - CALIFORNIA R-A AGRICULTURAL RESIDENTIAL R=�_ MULTIPLE RESIDENTIAL LR=R SINGLE FAMILY RESIDENTIAL C=� LIGHT COMMERCIAL R=� DIIPLE% NESIDLNTIAL S3-j C..EHERAI COMMERCIAL SCALE OF FEET P-3 RESTO.MULTIPLE FAMILY RESIDENTIAL M_I 1 MANUFACTURING -ORD.NO CJS COMBINING DISTRICTS © UNCLASSIFIED MAP NO. t .OFron Yard Depth In Feet Shown Thu3:-IO- CEC.PC IfJo 1 sCB MAP NO. 3 SEE MAP ,LV. ¢ y SP 8 SP -6 l$ • \ � \ aP-6 SP-c Pra, i A \ SP -c i SP-6 ti q \ F�j \\ 5P- 9 Q;Z 'Pa4 sP-6 r s � rt• �Z � � SP-6 � r NIL gN� F t 0ti' Z\ c -A m O a Q • ¢.Z•. � PLCe9 s i V n QZ Off 'C � �Z•g�2 f♦2 �. 9sa `\�i� \\w ms �TN� ��/ \�' �\w F 0 0 � • AI 5P � \ d \ h ' 4 FLO s Mt Ht NlM,i.-MZJ�.MM I ��d \ s WP OIL T BAY � !�DSUM Balboa Sign Overlay ...R.i1t LR9r Wt RR! -s. i"ea'4^e .'irSi7 p All signs in commercial districts on .o .o-.3K::�rrt•..✓w...A..ws. as' the Balboa Peninsula shall be subject on it•T �mc1e'rr.i,rvuNEeiRe ttaua to the regulations contained in the Balboa c.I,c•i co•z,M-Lu�i-emar. 5- av[rld. enaN,n c f,Oe i avw eire - P"�7rMz9.2uw SGC MAP A10. -9 eY(Or } t��E+tY ZMfwA�iMVIR1O4M DISTRICTING M A P firms NEWPORT BEACH — CALIFORNIA OM��-T RaOt MYYRY WI1tYfYRYA tMO fM 0afllL Y�pYN Lm t KrL� F R•-� R-� • AGIINLWML RENDEIRML IM.TNL[ RESIDENTIAL R-L SINGLE FAMILY RESIDENTIAL LIGHT COMMERCIAL R-E DUPLEX RE DETIML C-2 GENERAL COMMERCIAL SCME aF 1M FEET R-S Mmyb.MULTIPLE RVRLY M-1 NUM W GTURINa om"M s O a• a as Gar - - canaNRR,Ummms UNOLASSIFQD i► NO. om"'IfIlo 8 F r Yard Ds In Fit+Sh =I MAP A10. .9 fEE MAP t b o SP-6 6P -6 \� m SP-6 SP-8 P col SP ST, a 400 �'\ \ SP -6 \ SP - 6 SP-6 N w SP-6 97 SP-6 •t,A Q.L � •"•9' S� 6jT Z, e � �S 2 � a \�� BT ST. `g � O to 6 ys3 Q,%b A• �`' 6le` a `ti`o 'e Q ; P-C y e �\\ \�\x `.l \ b � tiy, � yQ, y�•LQ;b1<~ v � ,S � � oA.� � J �\v g y ko \ Q '6 \� � � .i ®m C1 :•'\ D Q'ry y v Q 6:P Zg7N� ,r4/ § F \x\v \m\°` Q 14 PLC R A O \ ..•i\ •ZB Q�'4ry �p '^ 26 ST. \ O •i �\ xa dR\ y' m v P-C 1A �� &s 0y_rr $;q y0 \ a+a ais �..rrw.�zsxnr+.wy ro .«�•• � •tF, P RP \� J ORD.IG a0fIW1aSAV.Ip1aMTRRaLIN.AppYaeUY ^% �� \ N.ET WP Del T BAY W I® �4aWIRa MRRIY awF51[1tl.Y LOE ,`� aaa Pulp lE1y16511�{mix�• � Z oennlEn xNnom oxllc uavm vnc wwe, t via°;�ext nuN'tNN;oi�ira "Fn"ou 9 zuo N-i m ac ORD.NO.G35 evI[RISYa+1a AEV.lbrm lu�r].2005 •\ DFL 26,1yHe OR6%-7 RE",C-1. I6l!(NLLAGE/NCMMaappppii SW PEE I'm",Ci, amesrs WR A IaA,3R Or/ vo,,..e xeY/asas SCE IWAF A". 9 ]V AK�AL�IjL{(/O/F��E,YN �Wy VMVfe A JR6 iG9i�� eaa.q.S7dy g6zwcrrutiuuzraewvTeroaarzx� DISTRICTING MAP °"° 2000-� 6�;oP„�1.w�"�^^"°'k""o°^med Pm x�v m'•x*wwePcay.xu�arc 1111- 4-a 9ulotYzs rontatned MOPERI W.TM�:N41 a.LIDO N E W P O R T BEACH CALIFORNIA N ills�°'b°°�'g'°"�'°F-11-14-2000 -17 of sjc orxeuwrtu ORD 2006 Lt.. L NL MULTIPLE RESIDENTIAL edtywlde bnda.This udlmrcs nalwes thz Gdbao Sigl R-1 SINGLE FAMILY RESIDENTIAL C-1 UDNT COMMERCIAL (ORD.2000.22)I.tKO IX1MeUeg Mop.9-ZT-2005 R-2 DUPLEX RESIDENTIAL O-2 GENERAL COMMERCIAL SCALE OF FEET R-3 RFS7'D.MULiSLE FAhRLY RGSOENTW_ M-1 MANUFACTURING O a 1Ao 4oa wo aoo -e -N CIXASNNO DISTRICTS UNCLASSIFIED MAP NO. D Rron Yard De M In Foe} Shown Thin:-1 C� SEE M SEE M.4P b� 620, \7 �� 4/00 \\\�`(yi 'Y m�83pg 6 Y e p qs ms •"9' O m m [G • �Q R'{T � Q J ' h.••4 � � e � a � 9? eta �` a"� 9Q 2 R•%Q%a �• Yy y r N�_� .. • 'IPA y y` N.F. /Y B•1Y SA ��. �ICAN 4 JP 0 ar _` sB E�UVE_ 'C S y n/y �. JRcm, •s. R-2�'%a35.� ^f`IaA+vw•er wn.w> '°' L1ti �_ • s f•sD_ q�F rr _s iy�G�. -s-pC s h BAY sp's B_r/ Z R'2 11 % -zc " �d R-Z R-N ��'EgJy 's' R-2 w0 s. R-2 c3 xF qRo -s. C i �R GE 3 � G ••C 4�' h .a w 7W m'ACJ<y Aebxv, t N<me<Yl4JT<P[ •♦•�♦ L' / aR0.N0. (eh J4dJ{JS./;i/c�6JR.Nf CI _IT N�rp«</i wrf R o 4-3'T R-c ORD. 649 CITY TRAILe PARK R-4T0 U I000 IU26NM LOTS 13TOn MM C-1{O.;TO 2.3 @ ORD 98-11 nIN WEST Sun— OM 0. 0®.im 9Em11S NH ID,iy 12.&X.L9.$FR A.LL6VL{IOTRTO E .4 c RSC 29.98 IANIAE CYE FAY CLTa CDN (ATZ) ' ........... /y Oni Nx 2Ca0.15 D<dai{i�una(pp pvpcayIamtdN OI4 al4 CAreas a,I,e.O Lora s.4,a,a..n.a naex xn O y«`•••••..•• ..... 1514 WNtIa9xna BaWemdfmm 6ETf 146.N /«ya ••••••••••.. . 1a W2 ORD%L iqt LlD.l wHr.t.s'or n.DtM.2D.1U AnD.To.YA. ••••^••- a� MOM<.1 ib rti #•e•c.Y.s.R.(A.Tap) .2.14•TL j� -••••••••"•.... DRD.Wtt Rosh C•1 TD rt2 -319 SEC Rm Eli C. On.2000.22 sdb. �(A LL4W 9: `I ........_.._ . slsxowl.v-Au y9Y i1 Wp-YYt aF1aYE C-i p Y 4 D••315 Ya<RQ V6n�> :+J3rlt dzhich m llt Be6e�Petnwla a fa am uro YssAt¢neNl uc Tnwc PA+O tm9;.ga;c,T nlc sx +rtm Rev.Novembu7,2005 , aAlaat to NYl<ydalbx aYiweNthc apD.aY-T RTLNE GvxWY YOJAGFfP4 FAOCtx SOMM{'qqf c-i,C-2, Y a;A-3,f 2-4 TO 9P-6. YAY T8.i966. Rev.TUI 29,2004 1ldlxw,slgn %-u-u-moo o4o.y3.3Y N]ANL vn�wve pe<aexein a.Ta•e.•ww vwwsaxw, Y McrnaecxF9�;i nx•w.su r•aT a.an Wt99T•e�, ORD.2005-1T Adept a now ChVtw 20.67 patdnbq W4 H8-A AlS6K'!P4 fa 1P-a(TlJ[aT E.aLOLf N,JTAOa/IAN Ta Tr9Yo[NUI Of tlg6 pl a CI})•<Idt Dadi. .M 1" DISTRICTING MAP TMcadOvrArvmow NrEa6oaSg IRD.90-n mame•cars r f l acacx Yr9,.•cp14`IA,AbaaNlDu O.enky(gt_2gO,22)from ihis DlsMcHn9 rRCrf E S TO 9P6-•YPRTIES! 6PR. c-ra-9a Map.9-21-2005 ORD.fO-I4 RM30NE 9pECIFMe NM101OfftFs To 11F11 sas-90 N E W P O R T BEACH CALIFORNIA OR0.91-1 ESTASULH NP FRONT YARD SETBMK-LOTS 10.1A BLK.114,TRACT 234 2-2T-91 �A AGRICULTURAL RESIDENTIAL R-4 MULTIPLE RESIDENTIAL ORD.91-7 ESTABLISH I0'FNONTYARD SETBACK-LOTS10- 13,11.9.14,TRACT N0.234,AND ABANDONED �1 SINGLE FAMILY RESIDENTIALC—i TIGHT COMMERCIAL ALLEY 3-27-511 R-2 DUPLEX RFSD]ENNAL Ej - GENERAL COMMERCIAL SCALE OF FEET MFR NI1LilPlE 1HiNIMri RE910ENIIW. MANUFACTURING 633 a Con Ape ago op0 -S •QH COMBINING OISiRIGTS PESTS MULTIPLE FAMILY RESIDENTIAL Front Yana Oa In Fxt shown Thu. USE.2G,1930 MAP NO.O I SEE NO. 8 SEC MAP . \ \ b X � N \ Ty' \ pO , T s e° Balboa Sign Overlay •OQ y4,6, y° a� All signs in commercial districts on the Balboa Peninsula shall be subject $2Z to the regulations contained in the Balboa t Sign Overlay(Ord.2000-22) ?�@ e Q y y�•tr•' Y'a,4y A _�L�'Ri<��E-oo @p s f 0.r _0 CS%Y 7 ` <KNen 'C 8 PC Pe I/ E N. N er. dP. a 8 900 � rH. 9 R• •\ �� pc h BAY R-1 �• IFPP sn_ ARI,I R_2 ti a R.� 7 s- -0c R 2 'ro s G r 0 R� B, =52 RSC.x xR2 % -G• R AVE 2 tiEsr •> R-2 R-2 A2 R-2 �U� v R-2 .l m F,• �O'Eaiv Q -B• R-2 b o: GETF -5 Aao PD �¢ y�44ry4 R'/ I •s. R 2 T ErIQ F R_1 r �l 6 eRR.NgOSe so•glle),Mx !A Nia. YY4,e iN < � L. aRO.Na Ti (Ot!C/rJA/R/1CIK lam,nIk.rA N eAr l E .Pr1mc F3H R^f ORD. w ues Le CITY{TRAILER ARM R-4 TO U 6 oA096-17 !BW-)BOc WE3T 8AL e D0A HLv O. ¢w M ¢rmla a smM W{o-z rD R-a E Ft2-eL RSe T29.98 GlO.InT Q159 A LIME 1I.IL.L wft." NIONTWL LIME GIroM GL W MM g0.Yr! MlCCL1 MCW LOT! i.lrlrl,)..! ROCN b! Ord Na2Ca0.13 RCJssalHtniknaf pvpnly rnn•r1 l.yP bwhdat/3lr Wlrt8e16!l Bmtlmmdfrlm6ETF 0A0.UTA 1anl,lo.11iR l}e'M U.R.WU1lV-VA-1 NA. NR-2 adsftabfuh'vga67mtln�rt yadsmbaeX sU M Ax .9 na R I•A.319 (U r*% •4AQ 5 �� abrgWm 9dbw 9wla vd CR0.14AT. F qa C•1 M R4 a-ws ereM MA') Ssft a0.Uie RCOYl <•1 'p R.a O.•aK ss ifl 4anL) 1AelIG am nm rrrcxc rrmTNzvro-ra+w)Iina.,rc;tFu rA•rnon QM.ee•T RTaNe CCYWRY V¢ICG[/ft NMLK MUM A C•1 rC-e. F•LN•].{FMm9P- YAY l9.19l6. OAO.-p)•34 �x waem ewlrNne.Tx.wLwn swwSaFw ,�Cc netix.Veme.rn.mnx.u...cifwn Fa.R1+.51 Rev.Ix`/M,ZOD! _ ora e1-n ie�s,�ri-es erR.n mrx,alwro,rinreomox MD.90-A RRerle C 1{r .wnr w,crCRa4M,Aa0Mr DISTRICTING M A P FROM 5P•6 TO SP4-m"0400)'PA. 6-13-lO ORD.10.24 K=NE SPECIFIC MORI M"TO MFR "11-90 N E W P O R T BEACH — CALIFORNIA ORD.91-1 MABUEH W FRONT YARPSETBICK-LOTS 10-FA EX.114.TRACT 234 2-27-91 R-A AGRICULTURAL RESIDENTIAL R-A MULTIPLE REEIDENTIAL ORD.91-7 ESTABLISH 10'FRONTYARD SETBACK-COTE 10- R-1 SINGLE FAMILY RESIDENTIAL LIGHT COMMERCIAL 13,BLK.I4.TRACT MO.234,AND ABANDONED ALLEY 3-27-21 R-2 DUPLEX RESIDENTIAL C-2 GENERAL COMMERCIAL SGLE OF FEET - RER MULTIPLE FAMILY RESIDENTIAL M-i MANUFACNRING Gas ! ,pO !00 eW 9 CONBININD OISTRIOTS RMM MULTIPLE FAMILY RESIDENnAL Front Yard Da th In Feet Shown T4U9:-10- Dos.26,19" MAP NO. i • rom. •euDew .r .. SEE MAP AV. 7 eROM �r/Wi/I/.AM'RFNAfr/ArF.C4/.N�.N \ 4I p�T/�i nto.Ax mFz ru aafs cv n.ra frn) `\ \\ � S /// saea� Yrese rwwnr team arrw satr YiF.NO;s. \ Y IIM No•(VAMW.MAf1111,M VPt �� \ nFO.Aq/Ty /Or M/ a+.f FMFIKJR AbY Ri Daaa`yr.14 user vMw+Y.nruJ:vin»r vnlMFDiM1YwN, \\ '^�-�'�"'� M.MOP IIMt,/iM P ,IN„[r.YM1MtMI R•1 aICtRF2.leRr 41e 11,0.nr Ss t.MwYwtfrr pLaAr � .yb _ aw W.n-v Y},Y/M7 va.o.vs I.e,nwrN tf wu sm. °'-'• -C'_ AgJ1Y.M•a =�m,.+r cwwa-AtwwAw Rrs McMaMK Q-tl!? .lr A]Bigb in oaortmeercwOverlay l a m'�cts an the Balboa Peninsula shall be subject ` \ to the regulations contained in the Balboa Sign Ovcrlay(Ord.2000-22) 4� s_ \ R-� R,Z ,0. R-E •\` / Rom. \/,� R 4 R'v . R'a °` sl 4' q 4 .ova 3R•v Rz0(V+FZ �i,ty�: ips F,QoN e. � gyp- Os ` •'_ - ET,1 T y R•v _8- R-2 ,a � v. �`' � • .R- 2 ��R. " � ie +. R•f �' 1 .o � R•E -s-�R/ham q f� 1� t ��evgpo�.,a �[•�� IIF R�r•Io_� 4 •e'Rf &I R'1 R.1-10. �1 b � B f Ravi• R•v vo_ O BAN 4IF�ID R t 52T W.b1LEal M.7 DISTRICTING M A P NEWPORT BEACH — CALIFORNIA • AERILEVAMAL RESDOMAL LILT tE IIESICIAL N—I SRIGLC FANN.0 IIESOENnAL C't usnr CpANENCUA. AI-2 DUPLEX RESKOMAL C-2 GENERAL Co"MCIAL SCALE OF FEET e-a RESTa NUUl1-E FANaxI!]IGGET:(L N—t NAMLOMlliNe ORD.No.WA / • , - r�YNINs�Fit+ hewn IGM UNCLASSIFIED oeC.as,fseo YAP Na. L� j q r fie SEE MAP Ab. 14 \�R Og-A Q \\ 0-11 6ALBOA /SLAA(O w� Ry y a w• Res, \ . C QP�RT RY � R-1 �-M•� � �.� \\\ �y B4y R)•>. Frv�n° %'i1*p 'Q,��9� .jam �, _--- R- r I a-o. � •.9, s � J 8 8- �•r• P j� o ocF�> 4 R.ar0.re SpR � � spe SRR 9 aPp�--m\� - �SIP- r0 .S sp 8 Q 8 SP lR \� R-A W- J V YA90 SvTsACK LINE ,..`... 3 SP-g Y SP8 Br• Res R\ � RlZ I 1 aor I ur ll I � 1� 9 n• I ....�� @ R-a -9,9,'�'o k -'. R• lal i .1.1011,E ° i C �@p8 \e�- w v,R•a A \��- g� mow. a ems.." -�"'.jc,. +./.j(��Y•Q� .'--,..��A 9 `� h, �\.�Res d. R ��' ,�' OR4 A0.6i .GQ•'A-XIBa ,¢oTt R Rdb NGhY V -`,-••'•, •\ aeaNn fsY Airy 9:e.dW:io,AfbN<i E,rafa/n•v- V ,� aD1MxRrzs m7ssc�� pu:/,peLa„>Favreawwmez� �' R--/ Lvc.An.H/C roA/t a etK.a,Aawylil5•per ra smro not az '�..,,- C ra A1 .21 /y ,, Ic m �.wm snru Iwx�� Ord No,2000.00M1-EsTabLshu w 8-faMfroM y°rdseiback f°r two uxsncN,xaml sox�r aiw]A 4m.,=r uo•r anva oAn Ne.on lms 0.N,gr;rr/+i.sae rs,rv,n.y roa•sQnu)na•n ProPrrYles keeted at 301.,d 305 Alwmdo Place, 111 rn MA Nx.noA AIMRANwmrs/ur-r,arnnu..as man olm,v -t� � �.. �-'•• d deletes the&foot fnMyald mquirrmmton v! .sw t?pecr.n.saa�vrvl,w.-. ,-A n ewx so.rtK A/wKxrss/-f.aat'.s.aewrwcarvxx'jN., {air.: REV.NDVembe 2005 V \••••'^.. B°Y Prop" u esnax sAma.Saw xx:er aces CxsF Avenue forthe located aF 301 h r, aua�eem�sn Gr-sxl e•rc9y Alvaodo Places aAAN.4Ad4 u;c perms A. A.,nw.Ioaae„ gnaw N,wwd Rev.SUly29,2004 ORD.2000-22-tlb;4 5'gn Ovvhy-All ilyls in mR,m:cW d.Heft owls so-x, ,xzwc nxcne PRMKIITwe I.wr, -zs.a° m the Balboa P l', shall be sub to the gAN0.1M•1 ESABLISN A'FRONTYARD 9ETBACK9 LOTS 6-121Bm'.y esTABALBOA .wl sTRACI; erwPARCELS x zI�eSr P.M.R9 9-2,LOTS 10- DISTRICTING ISTRICTING M A P regulaHan coatb wd to the Dclboe Sig.Omiay 12 1 I9am: ecwPrt 9 TRACT z-e- -11-14-2000 ptau [Iee NEWPORT BEACH — CALIFORNIA ORD.2005-17-Adapt s new Ch*d 20.67 ads pe a aing to regulation IexN CAtTB4.DOA ewa)sarAlRw Is py3 rKcr•sen of sfgnz on a citywide bads.T}ds a1'dinance IYrarvxa nsI r. S w.v.wrY ux. .x eror eAle.n a>w>. R-A AGRICULTURAL RESIDENTIAL R-3 REST'0 MULTIPLE FAMILY RESDETITIAL the Solo. Ow lay RAZRNx sPo:IFlc Tuvomtn n Rsa. 12-9-Sx. ign lay(ORD.2000-22)fmm this IiE5110.4.1-IS 6m NAME CHANGE AWARADO SC 7a nEaNA MAY R-1 SINGLE FAMILY RESIDENTIAL i LIGHT COMMERCIAL Dishicting Map.9-Z7-2005 a78�r9 R-2 DUPLEX RESDETIM C-2 GENERAL COMMERCIAL oRD.W TI•Mt tiEracsPECIFlc PmasanEs re Sv-B to-n-t9 MFR MULnKE FAMILY RESIDENNIL N-1 MANUFACTURING ORD.NO 6$5 a zoo .tao Q. eoo -p -R COMBINING DISTRICTS �I�U''�� UNCLASSIFIED �MISS IIRP NO. Front Yard Da In Fees+ Shown Inus�' { . O MAP A.b 1¢ SEE MA 14 NEWP OR T BAY R\W F \��_��_�,�� P/ERHFAO GNJE R'1 %f , `o. ` , ___OUL/(HEAO /JN �� h b ® D R_I R-1 -�o• e R-1 I -R-1 \ \\ R`/ .Eby + R 1 '° R-1 R-I R-1 �, •e'RY<�` � -IO-R-I R-I -s- R-I • R-1 R•t R_I A.tx' R-+ R R_I{ i R-1 R-1 0\� l •\ 1A>�°`, 6 s E. R 6AG8oA BavGE✓.vao , R E o• 1.�.� R R '9 R_2 s>, R_I 9 m -!- •e cA� / 1 s� So R- FAO. ',ky !J '9• � R-I 'g' O �ag509 •!b ,y MpR PLAZA OFJ-NORM r '^ IN -1 I \..�..,, -O •9• 9.1 b A-) sGgN R-I •� ' �fl`fb �V9/09 so ��.. •,O. R/cF-9,y ep /Ns,� R'/ h b •< R IoASA ` 1 ...� V R-/ R•/ b '<- �` AVERS , R ..c�sl.a AAwcU .zs'v»ws, �rd.•s. {..•` F ORA N0.'/93/@/�X/1T•Let Ah'I!%/e.�['-ar.J.t'<,a,. xaR-i '•. ` @ c'r-1- R-/ V •o_101, N/6v_Grd lTnc..,F G1dMch �.. 't0. ) 1 Y am nH TL OMt LSTI{2.3 AOM k]i0 Mt LOTI 41�! 1 � R- b aea.au rs�ree.e.n-sr r.,,....:e a+v a �... i R'/ r ! v0-YF s •A h I s Iz ew ro• %t"^:•.r'..r.�.omw,•m•• R-f R• D° \ ORA N{S sfau)�t L 4MM t"-i�GAt 6.zc.n�ze A,uOfYgE)G n/d>S,%- v®u r •`" . •/�, Rh./,! `Bla,- R7 $wnrum Nw R_) O 1 1.,.y i 1 uwMc vxawf txpMAxisf Vn<w✓px Kx/awr,Masrp(N w OARx..i1-n spa Aw��q¢•�R3 TO A2. � `r0•ama"a"n n¢oxi avcane rnovenTMS To MI. s-z..ao C R 1 `V3\) .1Q,/ D.2000-22- ato th.sign Overlay-All signs in elmme2iel distrieh R•1 "� 'S• on the.Balboo, co PenOW.shdl 6e ao6)ect to the ^�- R'1 r11-24-LmtolrlW in the BdhoA Sign Owiay \, Il-14-ZDDD 1�._ ORD.2005-17- Adapts new Qmpia 20.67da sis p his o ng to t•e nfloonce nomoran of am the Bulb.5ign�r{ry(ORD.20DD-22)from htis \1`•^• DISWC6n9 Map.9-27-2005 �"'•••..`.• R/ REV.November7,2005 ,...•. W—, R-,4e-.uv,rem Rev.J*292004 •••.•••"^...", DISTRICTING MAP NEWPORT BEACH - CALIFORNIA E AGRICULTURAL RESIDENTIAL MULTIPLE RESIDENTIAL SINGLE FAMILY RESIDENTIAL LIBNT COMMERCIAL DUPLEX RESIDENTIAL C-2 GENERAL COMMERCIAL MULTIPLE FAMILY RESIDENNLL M-1 MANUFACTURINGSCALE OF FEET OR0.NO G35zqo <90 G9aRoo COMBINING In Feet Shown Thal:-I _ UNCLASSIFIED �,2y Isan MAP NO. !G _ tak /SLE AlAlkvo. 7 p °ROM >f/(//Is, sNr/.K Y/JN[F.C6wYR RS.�1F331iFid \\ �1 </KJ / 4'>j�i b6RIM2 1@C nGY[Y lVuR°N ib LRf YY�.i1LY F2. [� R-S.m R-1 t°m1pp 4M(£I.MIMQIIRM!°t MMf \ \ sG� 41R WHndf R,III �\ �� aeo.Awrna camp As2 a! a.,r.s.emRnm/¢smu Ra \ j m ar G-ArA)N�m OR0.Mr11.3y RSiw2eNMpxA rRe2pn;o ec-1R[Ru4M Nn10iSIV.. \� gcsnv°a apwR2,nxe.o2vxoovenr f2exIM1RR14+1 \ la Nli MliiMN.R-3 le F; 7��—��/ ORD M492-14 Rww Leh 11,W,®!26 E.Nenyorf frop R-1 m! R-2 to 0-9, (A-nll "0-92 OIW xe.H-K m2exR YN°ae5 vwn,tt,C m M, s al' ? RB.W.94-U SSRmnwwR c\iW�u-AVARAW 9r.re MW>b-W a s R-` �"� p )4� r .,dam R'I R•d .ro !y ..� 'Z _ro. R ( \ \\.4 �/ Q J� R'2 �q� Rf R-,� os Ri 8•� - - R•i R-/ R.d -rO -s' R � R'2'ro •' - � yv �P ��R•Q F90ry�' $ `Io. Of. R-/• n 4-R-2, o a.R i ' m R- �O e ->- R f->. Rcti<Evg20 C-R R.1 .,o- •Ave Z /1:O<,Fq O '1\ I-g_Rl R 1 CIL OR¢¢DT-.2 515-521 W.BALlb049LVD. "-~'"" fiE1F TO R-T A>9 98 ~••" ORD.moo-22 SWb. O C' 7.i -^••---_•••"•••__•_..�-y sW o1,21Ay-AN Sgnr h amnercEN dAMcre oR the Selboo .....-..�._� PaiW ShAn x pm II i to the REV.November 7,2005 - a.4.hes eanr14-EA the Odbov 5'gR orw°y_Tl_L+_>� REV.Suly 27,2004 •- ORD.2005-17 rc9uhtl Adapt A onn" p,m.sT Pd"rt,to DISTRICT 1 N G M A P of 2{3K vn°dryxtde 6ACx Thts ordimnce ronayss the Cdboo S�Sn oww O'D.z"C"2>f.1M UAhi T NEWPORT BEACH — CALIFORNIA Mop.9-Z7-20o3 AGRICULTURAL RESIDENRAl. R-< MULTIPLE RESIDENTIAL R-i SINGLE FAMILY RESIDEMMIL C'I LIGRT COMMERCIAL R-2 DUPLEX RFSIDENML G-2 GENERAL COMMERCIAL SCALE OF FEET R-3 RESTh MULTIPLE FAMILY RENDENEML M-I MAMEACTURING ORD.NO.633 p 20° •oo wo eoo ,H CONMNING DISTRICTS U UNCLASSIFIED CM 26.low MAP NO. rd !O root 0¢ Ln r"+ Shown Thus:-Io- SEE MAP o Balboa Sign Ova" y D Rt Fo All signs in commercial dis�'rrrrlct on p the Balboa Peninsula shall be 3slbjt to the regulations wrltained in the•6olb BALBOA /S'L/aND N", Sign Overlay I N y tr t NR Q$�1 R•I 6p R•) �Np• � �� \ e yA R 4?j' (49GU) RL 8 Ra.,o.• . - z R 0 .;-" o R.2• 04° Pza .aR S-aa P@ Sp8 �-1. NoRfA .� R�/a, gPS a Spa PS,RB X �\ S 9 o- y - A. S S7=$ P-8 Sp I� � R4 QQ Sp O °R•/ R 1 rZ r FRpNr YANp 6ETBKK fJNE A Spa SP 8 0�<F` [or W 1< AJ3j I 1 B ` R.a `3 0 �, �'• for I ,101t1Imf i C aP6 e, b / %R.�, \� m• new.M ' uo• H ECA /ON REV/S/ON (r��P 04R A0.GSI G.4 A SY.lBa .fl'Nlrx ANAif. V \ aRRAq 4di /fy 9:i9 d'U:[O l.Rsv e/ C,r.Z/!(N4 0 //- �/ _•\ 15 OU Aa 149 10751,4�7 RGY./AQPG0.1/negv F4GN G70 L• R/ 2 4fp•M1.AW IaPT/O // ge.2.,YfWA7rAUy ne AW11 P17D KS r4 ) ).ai.Tr o®Nvnv:rnN an,u a isrm ro cuNRt a root area ro wa�nme rLia110N.IMIM IRp YKW I�RRIq Y•NU T1r11QT. aw na nn tpfr,n,a,H/r/n.rvK/s,Mmr.nr n!<GAWr nn �/ _ rW. MN W.all Ar1NI,M MUr)rKf,FK//M[fN yC IIRMt 4I7)� .(��-(��/} HP Yf,I A,C/l MVN]xif�IN.fM1H�T)M��a�T//,aaAo.n>s AGONlIaA/-f d,rs..WNrrr airTR wa• 5AS4".ar(6$r'/e o'$uo'afam'w'�za.mfnwar.w ou ro.49d4 Ana v,vrims.0`9� yy,,�� yy tx .Ni.�iArs°xa Rrv.S za.6aa ul N9w$Nwal.'rx\�-)µcA�T�Ti)A11aR.pM 0116q 90. Nii99C 9lUIn0'MMai190 T9 W11 ..[[.f0 DRDN0.alA ETU°°�,° PRGNTYAR°aETeAaRa Lot' °•'['°"`� DISTRICTING M A P 9ALDC4 TRACT,PMCELS r a;P.N.sa-¢,LOR l0- Ord.No,2000004-EstaMhrs en B-fW fr.tdyard setback le A 15,BLR a HI M'PORT SM TRACT rn-al N E W P O R T BEACH — CALIFORNIA- fortxo propertia9 lacatcdat 301 ORO.w.N.z E3'rAau9x aerercY ONvmNr xreu9PNrena' ' cd 305 AN=&Plane,end delete ,e[y arsibtbANivx)faraAcxx ifd Rom s9ex the8-foot front rd arementm TNe R11exf rafnArT uxf ex rAfT xAlc•9 xN>. R-A ADRICULTUIIAL RESIDENTIAL R.3 REGPD M"I'LE FAMILY REaiDERMI. OM Na.91-RN Rsz9xa sf¢rna rawornfi D E. r>.-9WAY EaA13AI do Pl.oetheproperty lomtrd RESN0.99•Is fiTNEm NN1E CHANGE AWAMOO aE TO MA>wAWAY A-1 SINGLE FAMILY RESIDENTIAL C-) LIGHT COMMERCIAL of 30(AlwYdo Placa R•1f+1q R-2 DUPLEX RESIDENTIAL 2 GENERAL COMMERCIAL ORa.Ni 44-" RflaWSM,na pRa RGBn ES Te Sim, 10-39-99 MER NUMI?LE FAMILY RESIDENTIAL M-I MANUFACTURING ORD.NO 935 zoo Aoo noo eao - -H COMBINING o18TRICTS �-1 UNCL0.961FlED 19� MAP NO. 1 I-mn and De In Faa+ Shown Thus -(� SCE MAP AAo 14 Stt MA/ AND. rf NE WP O R T BAY R/ Y R-t n•1 Rq (' a a • R_t I i R'1 " R-1 Io_ _s_ - R-1 M` ifi M` M R P. u4e0A eb ci✓nAro s° �\ o , � 1 tQ_+yt •t. l b •s_ B/ ~ Al en t +y• ° ," ice' '" 1 rc wWr r.��rs�.t�.r..+r�Aesy< q. V qy � •i°, )00 ww..•s»o M• .rrrrt�krlr,c�s/.� 7.r�iw..M.Lia�MrO 'r 40 r W a�a ew m xnx Lfx W nR•I.» •a L•Ts M•a ti @ q l o' `°* R- n R/yE•r , a 9r n•M Rs n q ru-w w..�. � / / •/ - i a h we..ass A.a.... Msw"_�.".a>• �'�..�M.a�r.,.ri.r C -'O_ 'xo_ A-/ O ' avAAaexsuc ••n !w•w / R-1 �! .`°' , r MRN..tt•» eaiAi�w�'rt'�nr.l�i-sT N'�o'x'M"'�O' C` � bo_ R-f saxotw.w xaac xrxanc mnvna» •rx c-n.» C `lOY ti 1 Balboa Sign Overlay ql •R-� All signs in commercial 4districtson the Balboa Peninsula shall be subject to the regulations Contained in the Balboa Sign Overlay(Ord 2OW-22) Rl A.r.7ir=F.Z,u •C 4...,.xw.ALw.t.•.r AAt.fa< DISTRICTING MAP NEWPORT BEACH — CALIFORNIA R-A AWW6URAL. ICDDEN7UL MUMPtE READENTIA4 SEIQEFAWYMMENnAL C't USNr COMMERCIAL R-Z OURER REMKIfML C-Z GENERAL COMMERCIAL SCALE OF FEET lIPR MULTIPLE FAMMY REEDIDMAL M-i MANUPA"UNINi ORD.NO. ssi / Mo ACC -x COMMmRs OISTRICIS UNCLASRIPIED p�yE•n8O p No. S�rd De Fi h In r+ Shown' \ / SIFE MAP N Nofe: Lo/JA•S 44EPGlja d! are RAk,," Ways. �� \\ \\ // R/ 0°�r�?aa iR� j.SL4N0 y •OR/✓E$ o p n � \� y9��n \\\�JP < �R/ ,jF pAn _v d;•^ n tyJf 9°^ _!lt_•.'n �H( 4 Q \ [ 31A rY N W / � �\\ \\\ \> 1tt'J N Ufa KK � 0 R•2 W Is ` Y \ ' A3 > Nw 2wwanra�ua[w $. TN 9AY fRGNT 7-, F' -4 ,s.>IFSSw.+i "Co..jtK R+EO'.I.fATJ ROa'/+a/To+dl Rs+3.tr A"Ara.(M.w•/ 1 aU M .E•1S >aK1+ /f "4q/(>O /2 1SNSSTA0,71 i LOTS I'(ORESTAQTEpi-FOOT F0.01A•('YPRDO �A9�Lm WYTH)i A3>e6>!KQ(LCO/>/Y/-IL/ \ �(�Ci u/N dGlC1VAfY. R.31g3 AWNM/+S.Nb / � �, `C \70 oVL'W YS+b.WOAEP ` \ mAv afravF �"�bawwsAr. ` ��p of\� e P P VARDq ARrROVFD eW 3EfdSp 0751- MIN F/172. .L YARD 5+lOnGY CY/COTS/-5 TRAO No.2/TE, Cfb RA"ys REiCNE SPECIFIC PROPERTIES' It=. 12-4•RJ. q _ NO f,amC"imq ASihedr+igrotlonof T29ASate AvrAue A from etbacto be )feet tang thefrortT v\ yard setback to be six(bJfeet T J££ MAP NO.ro \ \ Hs ,PE!! June 30,2004 DISTRICTING MAP NEWPORT BEACH - CALIFORNIA R'A AGRICULTURAL RESIDENTIAL ® MUMPLE RESIDENTIAL R'1 SINGLE FAMILY RESIDENTIAL 1 LIG117 COMMERCIAL R-2 QUPLE'1( RESIDENUAL C-2 GENERAL COMMERCAL SCALE OF FEET R-3 MTh. MULTIRE-FAMILYRESICENTIAL R71 MANUFACTURING ORD.NO.639 y soo ,oO boo Goo EA COMBINING DISTRICTS U UNCLASSIFIED 06.2G�1930 MAP. NO. (J=f} Front Yard D In Fair Shown Thor: i£C MAP Ab. IS SG'G� HAY A•iJ 2¢ -1 T. �r IMF r•� ��M..I,� ,f,qr \\ �JS M q•� P S R�S •lo. .lo-= to- r ID•. V a\\ ' o yc fQ 'Pt T o y i n au•.ar� y P C C C C lC C G 6 • FP ¢• \• N W V w N ♦ 3• Z• - V . 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Ru AiG., \� ORD N4[L-47 R[TaRE WTS/Tt18,SNL;,Stcr y a.5.FAaR SEE MAP A.tl-U C-I-N TA m"(A•75Y) 12-[-12 DISTRICTING MAP NEWPORT BEACH — CALIFORNIA R'-A AGICULTISUL IIEHMMDtTMI R_A MULTMC RESIDENTIAL A-t SIMq.E FANCT RESWEMFIAL C_t 7 I.IDNF GOMMENc•AL R-2 DUPLEX RESRIEMNAI. 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Cb YYR[G mmm"aAL-YpLTIXLN NLYpY111AL mm" Y•M O)MWl(=M41MACiY11NG IMIMM" am$ i_w„ 4�6LA N-t DWM Nnlllff RAL Ali1NIC1' GI 4NR CGYYpt1 GIMIlm N�U)MOVI1Nt m W cant" �y y� � NMc F.•aw IFS ftmm Lp YXLTIRt Iltdtq>YI. a-t WRIIY. vmmm hl. mrmw ZO COYWIIXY OR lepIt111itt xR/aM >' -V'A�• �'�" /i'n`A A-2(B MAP N0. ^OM YLLTIILC RLYpO1T1Al M1fIMtt �1 IMTGN�IAT[ gNTillpr O OBL+/!p0 >n pG- �J a-p-» ectommIN� M •Y•mt1NN.T �U NKL p Ass'n p1tlllltt IIISIN.YN NpNLnON Ma»t•prc VNN Io0 O ro0 NO ]Op op ;m IN INNR�NK11 NLIiL 53 FLET O/D/L1I R4MC Te�AG�- A-4T /-K-96 1 0 a V �\\ \\ It IF a \lCa P-C n At �' w n 17 K ,f y4 ar inrar rs x��. .3 GWIDw ),S i, M µ la a µ • f ) s R �\,iS�� `,``a§- �l � ii aT � •S�' �+u^w ,p 2� ss i! ywa n µ 2�i��. I C � u � !� O� - • � i»O n w�M � •f ri l\ EI � ,s 7t , s M ,\ 7S Si '� :!!SI •+ tf w• n ri TS TG y>y � � .K o�ri� RC FLC M • Ir .��!!' u n Us 03-A r+►• p !t 4>� r � �r '6R i !3 a N JS • d n Y fl sr"' �'\ .ti y /Y err n i• ft �`. f/ 3 Iqt AV '! 1 9 ~ i i N ' L •'M,4. N M 1 ,,\� All o ) DISTRICTIN43-MAP-CITY-OF-NEWPORT-6EACH-CALIFORNIA OIIC. M0. •-1 MrrwiYllK-fMrwfNr. w11YCt ww"Wo m" f;rrYrYL rtrrCr ^Y-, WrIMCnIrM rLTrtT pEVISgtlS Y_I Sol" rr0.7 aYIMF ®LWµW OCYY[M4L-iftT L Irk WXPW 1�J CYnNOL"�MlYltf rRrlNa ai,rlwwar.w xrnw YM- F-wa-1 W ffl O K rnlrK! WQ uw CYIYaGIt rl"m QOOIrI111Mf✓ "•N•wsr K N-) pmwn R rvYu IYwoawr . t-t vm f neN,ffwa wrYla i�tMY.MWY a•z•b1rYKT -"-'n7'..w, C� ^' •rutmu rilranur MmYcr r�l fwre.Ylwatc .rLYrcr -J m We am [ f Ah, mob* wmer 0 �Y�farnw wirer (—� r rar 54 S MAP MO.47 4D � %' � yt J y+' T n`• to j PS � J e B fi �yC 16 '•. �7Y A 6N ,y J yN Q' d a CP A Y uD d S � F .,+• Rey Nat c p p ex a a P,d'' A " a 5a 9 55 fi fi d fi s Pp, u w as � 3 ys 9 y tp 5t 4 Es tR .�' DDe Ts + N z A 9: I s ,s�A fAAdfifi � 51-4� dd fi fi fifi AJ Py' s5 It �` tq$ d pdao a G + l F'p 6 µ a+ aq � 6 d N d IN �� I� p5 '{2� �5 `" 'a " •A9 ea A W1+ � bl �t � RC ? x I i ' ID A jL I aD A9 yy eq qi t 95 fi p1 °' 17 D 55 Ht q5 P �' N � w �,'q 0 5 p i5 J p Pb' p J 1 2 i P d rA a � Id D q rfl �'r•1 � T AuvANAnxe s ci fi � 5a 1 C rb P5 b t T s 3 � p�e t� �D p,9 q p % � I fi W 5 �aR ° �sJ• 3 �` E { ] I f �6 H� s L 55 C ps a t1 31 $ P-C R9 0�✓'' w TM IDIDI 8 3• eo`9 N A `,•-°°4f p 4 tF D ¢ 6 rp 4 + "°uo' . d fi y„ sa !°�!�65 4 56 55 56 53 7/ h P'Cd1 ^' z - . °° F 6 h A � n �¢ s v p f •�+?� a 51�i 2°2I �te't � 61 �° �,F1 D � �°t w s/ s �'" �"�� i H ` +C d P 4 pa1 V d1 2+to B3 s5 a 44 .p 91 Mir so a y� 1• sD.ar ssAEDDA''e u �a u A s/3z 33 n et P-C 2 13 14 rN , n n SEE N P D. W �" SAE MAP MO. 51 DISTRICTING—MAP—CITY—OF—NEWPORT—BEACH—CALIFORNIA "°°on NO 1289 1-13-GS CRO D7-31 SONITA CANYON R-A Ag11CUWML-NCYOFMTIAL DISTRICT E-UM NDSHSORHOOD COIMIENCIAL DISTIDR N-1 MANUFAMNINO 013TRIR REMSION9 ANNEf(gTION T2958 R-I - SINGLE NMR.T DISTRIC7 C•O LIMM COMMERCIAL-MULTIPLE NEMDENTIAL DISTINCT r—w-W-1 CDNT o=MAYDFADTURWD DISTINCT MOTIONITYLOCATIONS I OATS OW 11{L FMM+aR [M T fay fN[. {-�-N q-2 DUPLEX R[SMEMTIAL DISIMR F—c--,—1 USMT COMYli1CIN.DISTNIR COYSUDN M'N'DwTRIR nn fN ."A`.n R-S RESIMRED M 11ME REYOENTIAL C-2 41"ERAL COMYERCAL DISTRICT Z�mYSU1M3 oN*2'YSTIIIR 'R'a' •vA T•N MAP NO. MULTIPLE O RM M AL DI R I �AT DISMT � X SD CowiMNc MWdM DISTRICT SCY.E IN 1 55 }"= PC-50 P K N } 1 RC 5 a fpQD s � t} d m �r P �a ty �� P—C 13 pr ry Ro.t+ ,} n DISTRICTING-MAP-CITY-OF-NEWPORT-BEACH-CALIFORNI M. m t"9 t OµO 9A34 BONITA CANYON R-A MNOR]UII.Y.-sdtllMC pti111Cf 6R IISNNSMIpOO COYIOM11l sY.I r Y-i IY/Y{l1CT * psOSCf REVI"S A1NL%ATION T•Zf 96 R Y-M COR}IgLLZt WMpCIPttt pt11t6I tt rt R•t tI11R[ FAWN ptTMCi` Q L1YIim WYYfACIN.-IIYL}YI.[RCYOYIOAL a..". 4. R-S OIYL=RfpttYTAL Wt Q Ut CORYSRCYI oltfllKi L�OOlisilslis OII•R-pspKT :�• -'.'."aw-� R-s sstiYciW ISILlRti IAOpRYL e-c tY1gtL Colmitr L WAXT i Comm" w1romw Iw-.nw a.�µ.. ri4n+u-+y n.�.•. 010.Y1YM lYf1 M1R100•M Yr111 R 1-N�T� MwTtP[ pcYtamtL Ws F-� tRipp®1AR m me, o�w l+�i-ws wfwl� O ' ]2 YL�M0. 1�,t...Y.MI M •.-p.YRRY Y� Ipe vwmm RNIpCr w5p: R1N, 56 t•". A lltT 5 NAP NO. -- - 5 2 i N PC—50 i �^ c ORANGE CCUVTY i W i h CITY BCUVDARY� d' a RC i IFS` m M $M NAP NO. 66 1{ E£ AP .,'A F RC DISTRICTING—MAP—CITY—OF—NEWPORT—BEACH—CALIFORNIA °°ate Y0 n-A ASRIWUURAL-RESIOFNf1Al DISTRICT Un NUSRSORR00D COMMINMAL DIMICT w-1 MANUFACTURING DISTRICT REVISIONS R-1 SOICLE FAYR.T 013TRICT UO UYTRO COMMINR 11L-WLWIJE RUIDTMi4L DISTRICT Y-M COXTnOLCW NAWFACn.WgO OMRIIGT YTHORF OATATI+x'��..r Dtom R•S OUPLO[ RUID£IRIAL DISTRICT C-1 LIGNT MUMINCYL DISTRICT X�COMSMING OR"N'DISTRICT [I DO/P9T YEStWd ]D W4- A-3b T.ibDs MD RESNRCTED YULTIPI£ RURIFMIAL C-2 WAIEI0IL DDYYUCIAL g3TRICT Z�COYAgINO OR"2"geiRICT OR49,31 RaVIxEA CTANON AZSfB YAP N0. M O TiPL£ R£wOIXT1AL q£ROOT IMCMYDUT£ DIM" � NN! 100 0 MO 100 WO O C011SiNINO OR •S•qSf a OU UMCLASSIFIEO STRICT DI57 acALL In FLET n PC-50 e P� a RI[:as our An Y�. av .Yv nn j DISTRICTING-MAP-CITY-OF-NEWPORT-BEACH-CALIFORNIA f DONITA COMN R-A MIQ[T■IIAt�ROI[[■�IK A■RII[T Q■d■IMIO■wou cmwft • Mimi Y-1 ■NRIpCnwma ww"m NEVI'IUN$ ANN[.1tATloli ■-1 ■YY.i IRMIY gmRR LWl oiYYq YYLtYIi Rpl■■111AL psrwcr can■xtn Y...KYUYR.MRIIILT =�iYn�wMi w R 4N-N ji R•i [IIR�t ROIM■TK p[IRICT M t]Mw GOYYpIp"N[i111C1' M�RII■II■■[ 011'R'■MI" �1[+1Q\YO a M R-i Rl[IRICfm YYITYtL IIdIYNK C-[ [!1l4C C0111RlIGK PRRIff Z�COINNIIII■ gt'i'Y[IRICT w-w KYlI■�f RaM Y1V NG erYp�y Abf■wswaf.WYM.w iNi■y Q■0.TNt[ Rpi[R�W.[I[TI[[T © RIT■YIYIRR A[II[■f awo..rrrswKRP o 100 [00 [OR j, ■ CgIM[[R■ M '■'OIifI11CT 0 YIIM[flflW OMTI[Ci wAr wo. Ilab s i a g WJ7/N — N[ O P 12 Is 9 N ON S 2 T J I C> I C!/Y OF 6 J OOSTA MESA ° ' ° a H /2 /3 /} i y s } J. 2 7 m E a cEv�e�u srx. e 1 RY • 7 B 9 iJ N Z � c oe. p q s Pa.T /J s s� uc zT m L 2 � Awi N su Y a i b Sff MAP NO.27 JEl MAP N0. 26 DISTRICTING-MAP-CITY-OF-NEWPORT-BEACH-CALIFORNIA R-A A1111CCLTURAt-REMDpR14 DITRItt C-M RNGR.dI o CDYIKIICIAL DISTRICT Y-1 M/JNIACTIAIND DISTRICT REVISION$ R-1 SINGLE EWmy DISTRACT C-0 uum CDMMERCAL-MDLTPLE RESIOEMRAL DISTINCT Y•tA CMITRDLLED MAMwACINIIIM DISTINCT 0/IA1PIiT .Nna LOCATIONS+.4a >-o.cv A-2 am" RESIC,NTIAL DI,AICT C-1 LIGHT COMMERCIAL DI = MO COMBINING ON 'M.Om"tar a R-i RETINCTED M KTIPLX IKMDpITIAL C-, 4101ML COYY[RCIAL DIM," iO CDMSINIM. DI'2'MTRItt MAP NO. R-1 YDLTIPLC REBIDOTAL DI M= M� INTt IAW IXMCT O tO CdI.IMM. DR •a*DATIIKT � IRI0.A.f1FlW EMTI" Iv..• I IN 9 z 513 JLC WP NO. q 05-A P-C P.C. PC rGEIF NEWPORT t' 'b K ti 1 x i A PIt R-iL F 3 E w B P-0 Pc i �l �tt0-D"JI iQ W/ tN.1-lam .1Q WI lYO. DISTRICTING-MAP-CITY-OF-NEWPORT-BEACH-CALIFORNIA .....f fr •Ramwnec ra+eoma amNer uwr aNrarnt asrtx:r omN m•x•tltTxKr ?W.5."'XC " N3 tltfliKTm 1141i1RI 1tNOrtiLL 4t swam t WNNOItli1L Mims L.J COIp�111N OR'2'tlm11R wfeMM w�sni w�.i nr x-mn Q walltt tttlnarw. rntmr r_� NnwoMa OM7x1Cc' YY xR Q tN •.•aontcr uQ�tarnt wucr ....... :;::t�.::� .fnTa arat rttr 60 �f wanL a P-C ADD �zrsroc SrzEET 7 T R FlSC ' pi Y i Pt P c ZEN/TN q(/4: 6 � W i J U K SP-1 SP--1 SP-1 sQ , o P_C APF i— t �d P.0 Q PC r° o AX -- '' �'Y6e eta ;a 0RC114RO P_C V n Q ? y D y' i4lIY T y h P-C. RTcc Q IS U [ Wt✓ad so_ GGYu i OJ L-L- %nJiP-C JSL xlz / DISTRICTING—MAP—CITY—OF—NEWPORT— BEACH— -- JEr YY/ xD a2 J R-, AallalTYR.L. CALIFORNIA nCApOlilAl p1iT111CT C-N MEIYNlOnN0p0 CCW[NCIAI DISTRICT Y-I YXW[ACTYNINe OI iTXICT n-1 SINGLE SAMMY DISTRICT REVISIONS e•a uulrzo fAYY[RcuL-YULTIVIe n[mopTIAL OHTNCT u.LA CpNTRDu[D WYIrtACTU1IMG OiTRIR = !n IOCITIDNG�OATS R-2 -DUPLEX RESIDENTIAL DISTRICT e_I LIGHT CDYY[RCUL DISTRICT a4D'1].1N E—x Ll^cG Gve cul 8•IM179 R_D M ^CGYSIMING YR •N DISTRICT tlFZp FFN CY6T„1!{3456 kCJ JSNCT[D WLiVIL RCAD[XTIAL C-2 GENERAL GDYY[RCIAL DIiiRICT 1 J CDY[IMIN[ p1'Z a"A1CT I,S ds. A-R IIITVL[ RISIMN[IAL DIMICT MU/MIISNCU MYIRN iiAitCp I-S-AOpI[ �� IMTGNEDI,TL DISTRICT ScJ dl-Y �tl Gal�Tpppy.YLT,p/lW YNV No ��C.,..N[ on a'IRS"= UNCLAIJIFIED DISTNICT C� Yea]aa fiY1•Iy..y)p[/N 'DC 0 NA yp 300 .iQ WI FO.6z P-C e M A ♦ a 2 SMAMRD S � 3 S P.h.u�/iHs h 4 fac 0 s a" COIM/G RY n h I* a i Av � � F� It ~ t • K M �` Ni 4 ~ { \ 3 f �+ IF M a � ppkr! � acwv P'c y � a � F'\ PMW >. 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OITY BOMARY e dt v JJ a 9 5O t Itll fey � Q c9 ' 3i •,. � r ..� ; v ,. .r i l08 ,aI M Y fa 77 : " . !Q • FC .P'' a � 3f AN � s -a_ R � n � 42 i �° .H •Y v 1 ,}' a • 2 4r Ya -_ eovE 's. .G.• T/BU�ON f4 � ✓3 .� N O M a i2 SS SS Sf 1t of a$ `+ SO � GETF t4'. o%vr sa s. v s V�. . t$�;• to^� � _. •4eivE n •� u y'p1Ep•>• z :,' � ORANGE COUNTY {ANRYAN°R - p 1TY BOLAJOARY S 10 2t / SW ,YAP NO. 11 ' sEr MAP NO .52 REV. 7-u-79 DISTRICTING—MAP—CITY—OF—NEWPORT—BEACH—CALIFORNIA by.... R-A AfRICULTURAL-REYO[NPAL DIM" 6N ME41111,01N000 COYM mu DISTRICT Y-1 MAMMIAMRIMO 013MU REVISIONS rRmmm �••-• it ruMN1Mo OPM. R-1 OIMOLE FAMILY OISRIIC'T C-0 LIMREO COYMEIICIAL-YUCIV NZINDENTAL OIMCT IN1M CONTROLLEO YAYlR1CfU11M0 OISTMR iw I OPA HaC R<.mVG �T�YG A?}B 9-TP R-2 OUPLOI NOIOENTIAL DIOT = C-I LIfM COMMERCIAL DISTRICT XO COYotalms ON�N�OIBTIIICT ORO./H/ >&fmm.y_may_A,_yr> /-R_Ty i, R-3 REfiOCTED M11131 S REMOEMTNU. C-Y BEMBNAL COMM[RCIAL OuirmleT ZO COMBINING 01`Z,ORIIICT MAP N0. R-4 YU.TIrLC REMOEMI'IAt. 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N�.:��5as+.'t.1.;:.`•��.+�.i='?7-� � ._."'+✓y'-�.r..a,':,ra.....s. 5s:t.::,Y�'ti.';--i;y• . .+.... - . . , .. ' -_ _ ,- - " . ,.a;:'"�...•.,+_ F /I 7 �� ir,�liiii�P�`` ,��se ss•f v�Ta �y��i�f, e`At�3'- 1I f t � rtl� �/f/.. y.'! :,, �>• � 7- + �J 1�1��!''�! �.r «ttr l� �z� r�Si ! i �: •• • `� O�e.f•�\.'e3•t�ii 1 33 `d' � ! ... .. t e�� J Er �, / r tr,t:.1. s !I ♦ j "� _K r:s \ t mod '\!. t mot r ,r.4.t• t AW J 1 true ,,_ - a 9.(,,1i.rv.G:+�.• .., � NMI _N/V Y %�\ — �' tom! r—a• ZONING CODE APPENDIX A SUBSEQUENT AMENDMENTS Planning Ordinance No. Date of Commission Sections Amended Description Adoption Amendment No. Chapter 20.66.030(Off—Street Increase the minimum parking requirement for R-2 properties 2005-18 10/1 I/2005 CA 2005-010 Parking and Loading Spaces Required) from 1.5 spaces per unit to 2 spaces per unit. Repeals Chapter 20.67 and adopts a new Chapter 20.67 pertaining to regulation of signs on a citywide basis,except for the Newport Chapter 20.67 and Section Coast and Newport Ridge Planned Communities, or where 20.42.055(repealed),and regulations conflict with regulations established in the Santa Ana 2005-17 09/27/OS CA.2005-005 � � Districting Maps 4,.5,6,21,and Heights Specific Plan and all other commercially-zoned 23. planned communities; and related amendments to Title 20 to repeal the sign regulations and related references on districting maps oftheMariners Mile Specific Plan andBalboa Sign Overlay. 2005-16 08/23/05 CA2003-002 Districting Map No.21 Changes the zone designation of600 St.Andrews Road from Rl& R-2 to GEIF. Sections 20.03.030,20.42.050 (Begs.G,J,&K),20.43.050 Changes the elevation datum reference from the National Geodetic 2005-04 04/26/05 CA 2005-003 (Regs.F&H),20.60.070(A), Vertical Datum(NGVD)to the North American Vertical Datum and 20.65.030(B-2). (NAVD)- 2005-01 2/22/05 CA2004-001 Section 20.66.030 Changes the off-site parking requirement for Offices,Medical and Dental from 1 per 250 s .ft.to 1 per 200 s .ft. Sections 20.44.035.D(8)and Grants the Planning Director authority to approve use permits for 2004-29 Ol/11/OS CA 2004-009 20.44.040.1)(8) granny units, consistent with Chapter 20.85 (Accessory Dwelling Units). i 01/03/06 Planning Ordinance No. Date of Commission Sections Amended Description Adoption Amendment No. Chapters 20.90 and 20.93 (Chapters 20.62,20.66,20.67, 20.83,20.86,20.93,20.95,and Revises required findings,replaces the Modifications Committee 2004-25 11/23/04 CA 2003-003 20.96 were also revised to replace with a zoning administrator, and other associated revisions for references to the Modifications processing a modification permit Committee with"Zoning Administrator"), Sections 20.03.030,20.05.030, 20.05.040,20.10.010 0, R 2004-16 09/14/04 CA 2004-005 20.10.020,20.9I.015,20.91.020, evises definitions, land use classifications, and land use 20.9I.025,(new)20.91.035(C), regulations relating to group living uses; eliminates short-term 20.91.040,20.91.045,20.91.050, lodging in the R-1 District;ands federal exemption permit and 20.91.055. Chapter 20.95 and Sections Revises appeal procedures to 1)require-that a City Council appeal 20.42.070,20.57.060,20.61.040, be initiated by a simple majority vote at a regularly-scheduled 20.62.100,20.64.090(B), meeting;2)authorize a City Council member to extend the time 20.82.050(E),20.82.080, limitto the nextregularly-scheduled meeting ifaregniarmeetingis 2004-18 09/14/04 CA2004-002 20.86.090,20,89.070,20.91.025 scheduled more than 14 days after the date ofadecision;3)require (C),2091.060,(new)20.92.060 the initiator of an appeal to specifically state the grounds for the (D),20.92.080,20.93.010, appeal;4)require the Planning Director to report decisions to the 20.93.035(E),20;93.065, Planning Commission and City Council atthe nextregularmeeting 20;94.040(C),and 20.96.040 or within 5 days ofthe decision,whichever occurs fast;and delete (H)• references to calls for review. Section 20.42.050,Regulation Revises the Mariners' Mile landscape standards to reduce the 2004-015 07I27/04 CA2004 006 number ofpahn trees required andprovidetlexrbilityin the species of hedges required across the frontage of building sites. 2004-010 06/08/04 CA 2004-003 Districting Map#25 Establishes a 10 foot setback on grange Avenue for a property located at 3315 Clay Street Allows elevator shafts larger than 25square feet in area to exceed 2004-003 03/03/04 CA 2003-010 Section 20.65.070 applicable height limits,by no more than 5,feet when mandated by the Building Code and/or Fire Department ji 01/03/06 • s • Planning Ordinance No. Date of Commission Sections Amended Description Adoption Amendment No. 2003-021 01/13/04 CA 2003-009 New Section 20.65-070(II). Adds exception to height limits for Landmark Buildings. 2003-017 12/09/03 CA 2003-008 Districting Map#4 Reclassification of property located at 3450 Via Oporto from GEIF to RSC. 2003-014 08/12/03 CA 2003-005 Central Balboa Land Use Ma Reclassification of property located at 813 East Balboa Avenue p from SP-8(RSC)to SP-8(R-2). Prohibits off-sale alcoholic beverage outlets from selling or 2003-010 05/27/03 CA 2003-004 Section 20.89.050 storing alcoholic beverages outside of the exterior walls of the establishment during the Independence Day holiday. 2003-006 05/13/03 CA 2003-001 Section 20.85.025 Grants the Planning Director authority to approve use permits for granny units. 2003-007 05/13/03 CA 2002-009 Districting Map#13 Reclassification of property located at 129 Agate Avenue from RSC-R to R-1.5. Sections 20.62.050,(new) Designates certain types of buildings as"Landmark Buildings" 2003-004 04/08/03 CA 2002-007 20.62.065,and 20.62.080 and modifies restrictions on nonconforming uses in Landmark Buildings. Removes the existing design guidelines from Section 20A5.025 2002-027 11/12/02 CA 2002-005 Section 20.45.025 and adds revised Section 20.45.025,establishing the Balboa Village Design Guidelines and development plan procedures. Allows the addition of a single"rider"sign and a single 2002-021 09/24/02 CA 2002-004 Section 20.67.035 "brochure box"per property in conjunction with an authorized temporary real estate sign. Amends Transportation Demand Management(TDM)Ordinance 2002-014 07/23/02 CA 2002-003 Sections 20.64.050 and(new) consistent with the changes in designation made for the Section 20.64.085 Transportation Demand Management regulations administered by the South Coast Air Quality Management District. Newport Shores Specific Plan rt�oe ends Newport Shores Specific Plan(Chapter 20AI)to 2002-022 09/24/02 CA 2002-002 Map assify property located at 205 Orange Street from commercial esidential. 111 01/03/06 Planning Ordinance No. Date of Commission Sections Amended Description Adoption Amendment No. 2002-023 09/24/02 CA 2002-001 Districting Map#3 Amends districting map to change rear yard(channel)setback from 40 ft.to 20 ft.for property located at 3513 Finley Avenue New Section 20.60.125 and 2002-002 Ol/22/02 CA 2001-005 Section 20.10.020,new Additional Land Use Regulat Establishes design standards for mobile homes onindividual lots. ion Amends districting map to increase the development allocation 2002-007 04/09/02 CA 2001-003 Districting Map#48 from 5,000 sq.ft.to 8,000 sq.&reduces the rear yard setback along Newport Center Drive from 35 feetto 25 feet property located at 1150 Granville Drive. Sections 20.03.030,20.10.030, 20.15.030,20.20.030,2035.060 (G),20.41.060,20.41.080, 20.42.050,20.43.070,20.44.010, 20.45.035,20.45.040,20.56.020 (D-1),20.56.050,20.60.035 (deleted),20.60.040,20.60.045, 2001-018 09/25/01 CA 2001-002 20.83.005,20.83.009(new), Amendments associated with the update of Title 19(Subdivision 20.83.010,20.83.015,20.83.020 Code). (deleted),20.83.025(deleted), 20.83.030(deleted),20.83.035 (deleted),20.83.040,20.86.070, 20.92.020(A-4),20.92.060, 20.93.020(B-I2-14),20.93.025, 20.93.030,20.%.040,and 20.95.030. 2001-008 06/26/01 CA 2001-001 Section 20.25.020. Amends GEIF District land use regulations to allow senior citizen housing with a use permit. 2001-003 05/24/01 A 909 Districting Map#I7. Establishes a 4-foot frontyard setback for the Bayside Drive frontage of property located at 2720 and 2730 Ba side Drive. iv 01/03106 Planning Ordinance No. Date of Commission Sections Amended Description Adoption Amendment No. Sections 20A3.050(Reg.N), Sign regulations for commercial properties on the Balboa 2000-022 11/14/00 A 907 20.45.035(Reg.T),and Peninsula(Balboa Sign Overlay)and amendments to the Zoning 20.67.010(B). Code to implement the new sign regulations. Amends Mariner's Mile Specific Area Plan(Chapter 20.43)and Chapter 20.43.New Chapter creates the Mariner's Mile Overlay(Chapter 20.57)to implement 2000-020 10/24/00 A 906 20.57. Districting Maps #6& the Mariner's Mile Strategic Vision&Design Framework. #23. Combined the Mariner's Mile Overlay to certain properties on Districting Maps #6&023. Reclassification of property located at 1514 West Balboa 2000-015 08/22/00 A 904 Districting Map#9. Boulevard from GEIF to R-2 and establishing a 5-foot front yard setback along West Balboa Boulevard. Districting Maps#34,42,61,and Prezone reclassification for property located between Bristol 2000-014 08/22/00 A 903 67. Street,Newport Bay,Irvine Avenue,and Jamboree Road(Santa Ana Heights). New chapter for Specific Plan District#7(Santa New Chapter 20.44. Ana Heights). 2000-018 10/24/00 A 902 New Districting Maps#68 and Prezone reclassification for Newport Coast/Newport Ridge 69. Planned Communities and adjacent properties. Districting Map#29. Prezone reclassification of property located between Santa Isabel 2000-008 05/23/00 A 901 Avenue,22°0 Street,Tustin Avenue,and Santa Ana Avenue(Bay Section 20.50.030. Knolls). Adds new B-5 Overlay District. Districting Map#16. 2000-012 06/27/00 A 899 Sections 20.10.030(A-3)and Establishes alot-by-lot front yard setback for certain parcels on 2 Pacific Drive. 0.10.040(C). Establishes an 8-foot front yard setback for two properties 2000-004 02/08/00 A 896 Districting Map#1 I located at 301 and 305 Alvarado Place,and deletes the 8-foot front yard requirement on East Bay Avenue for the property located at 301 Alvarado Place. Sections 0(B-2),S (Reg.M), Partially exempts elevator shafts and similar vertical shafts.from 2000-002 Ol/25/00 A 895 20. 1.060(Beg),Section the calculation of residential floor areas. 20.41.060(Reg.I) V 01/03/06 Planning Ordinance No. Date of Commission Sections Amended Description Adoption Amendment No. Reclassification of property located at 407409 Bolsa Avenue 2000-005 02/08/00 A 894 Districting Map#25 from RSC(SP-9)to R-2,and the land Use Map for Specific Plan Chapter 20.46 Land Use Map. 9 Old Newport Boulevard)to remove the subject properties from the Specific Plan. Sections 20,03.030,20.10.020, 20.10.030,20.15.020,2020.020, Revisions relating to the definition of terms,terns and cross- 2025.020,20.41.050,20.41.070, references in the land use regulations schedules,establishing 20.42.040,20.43.040,20.45.030, water&ontrear yard setbacks,regulations on bay and greenhouse 99 26 10/25/99 A 892 20.46.030,20.60.030(A-51 windows,the parking of vehicles in required yards,signs in 20.60,030(J),20.62.060(A-1-a 2 residential districts,and the authority of the Planning Director to &3),20.66.040(8),20.67.035 approve off-sale alcoholic beverage outlets and massage (A-1-a-1),20.87.025,20.87.025 establishments. (B),20.87.030 99-12 05/10/99 A 881 Section 20.65.040 Places all R A District properties into the 32/50 Height Limitation Zone. Section 20.03.030 Section 20.67.010 99-16 OS/24/99 A 885 Section 20.67.020 Revised service station regulations. Includes new sign Section 20.67.030(D) regulations and new definitions. Chapter 20.80 Exempts clerestory areas of bathrooms,connecting corridors, 20.10.030(Reg.M)20.10.040 foyers,and stairwells from the calculation of residential floor 99-11 04/26/99 A 884 (B-2) areas. 20.41.060(Reg.I) 99-10 04/26/99 A 882 Districting Map'18 Establishes a 5-foot front yardsetback for two properties at 3000 and 3002 Breakers Drive. Vl 01/03/06 Planning Ordinance No. Date of Commission Sections Amended Description Adoption Amendment No. Reclassification of property located at 511 Canal Street from OS- 98-26 12/14/98 A 881b Districting Map#1 P to OS-A. Sections 20.03.030,20.05.080(F& M,20.10.040(B-1),20.20.020 (Table),20.50.030, 20.60.120(new section),20.62.060 (A-3),20.62.090(B-1),20.63.060, 20.65.030(13-2),20.65.060, Minor amendments to the Zoning Code(definition of terms,land 20.65.050(B) 20.65.055(new use classifications,land use regulations,nonconforming 98-21 08/24/98 A 874 section),20.66.040(A-1),20.66.050 structures,regulation of signs,public notification requirements, (B-4),20.67.020(1-3),20.67.025(I), 20.67.035(B),20.82.050,20.86.070, appeal and call for review procedures,and removal of obsolete, 20.91.025(A),20.91.030,20.91.035 redundant and conflicting language) (B-1),20.92.050,20.92.060(A), 20.93.030(B),20.93.050,20.94.030 (B-1),20.94.030(B-4),20.94.050 (A),20.95.010(B),20.95.040(C), and 20.96.040(E-3) 98-19 08/10/98 A 874 Section 20.67.035(B) Readopts political sign regulations. Establishes a 20-foot front yard setback from newly established 98-17 07/27/98 A 873 Districting Map#5 property lines of properties located between Santa Ana Avenue and Redlands Avenue on both sides of Broad Street. 98-11 05/11/98 A 871 Districting Map#9 Reclassification oft properties at 1800-1804 West Balboa Boulevard from R 2 to RSC. 98-07 04/27/98 A 870 Districting Map#33 Prezone reclassification of 0.2 acres located at 4700 Surrey Drive to R-1. Chapter 20.89 Adds new Chapter 20.89:Alcoholic Beverage Outlets. 98-12 06/08/98 A 869 Section 20.82.050 Vil 01/03/06 Planning Ordinance No. Date of Commission Sections Amended Description Adoption Amendment No. 98-09 04/27/98 A 868 Districting Map#4 Reclassification of 3 properties in the 3300 block of Via Lido from RSC to MFR. Sec.20.03.030 In the R 1.5 District,requires a minimum of 2 enclosed parking Sec.20.10.030 spaces per site,allows up to 200 square feet of enclosed parking 98-01 0I/26198 A 866 Sec.20.62.060(A-3 floor area to be excluded from maximum gross floor area limits, Sec.20.66.030(table) and allows minor alterations to structures which are Sec.20.66.040(B) nonconforming due having less then the required number of enclosed parldng spaces. 97-40 12/08/97 A 862 Section 20.60.115 Adds new section to regulate businesses located in mixed-use zoning districts between the hours of2:00 am,and 5:00 am. Districting Maps#55,56 57 and Prezone reclassification of property generally located between 97-34 11/t0/97 A 865 58 the San Joaquin Hills Transportation Corridor,Macartfiur Boulevard,and Old Ford Road(Bonita Canyon)to PC. 97-20 06/09/97 A 853 Section 20.83.015 Prohibits condominium development and conversions in the R- 1.5 District. Reclassification of 6 properties located off ofthe south side of MesaDrive,between Birch Street and Cypress Streetfrom U to R A. Districting Map#42 97-15 04114/97 A 855 20.00.040 Establishes regulationsto allow the keeping of livestock andto 20,65.040(A) revise minimum lot area and lot width regulations. 20.67.035(A-1-a-1) Adds references to the R-A District to Sections 20.00.040, 20.65.040(A) and 20.67.035(A 1-a-1). 97-14 04/14/97 A856 Chapter20A6 New chapter forSpecific Plan District#9(Old Newport Boulevard). viii 01/03/06 PART I: GENERAL PROVISIONS Chapters: 20.00 General Provisions 20.03 Definitions 20.05 Use Classifications PART I: GENERAL PROVISIONS Chapters: 20.00 General Provisions 20.03 Definitions 20.05 Use Classifications Page 20.00-1 General Provisions CHAPTER 20.00 GENERAL PROVISIONS Sections: 20.00.010 Title 20.00.015 Purpose 20.00.020 Establishment of Districts 20.00.025 Compliance Required 20.00.030 Effect and Intent 20.00.035 Permits or Licenses 20.00.040 Base Districts Designated 20.00.045 Overlay Districts Designated 20,00.050 Map Adopted by Reference 20.00.055 District Symbols 20.00.060 Illustrations 20.00.065 Rules for Interpretation • 20.00.010 Title This title shall be known as the "City of Newport Beach Zoning Code" and referred to as the"Zoning Code." 20.00.015 Purpose This code is intended to promote the growth of the City 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 vitality of all districts within the City, and to assure the orderly and beneficial development of such areas. 20.00.020 Establishment of Districts The Zoning Code establishes zoning districts and regulations for the use of land and development of property for all the territory within the boundaries of the City. 20.00.025 Compliance Required No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this code and all other ordinances,laws and maps referred to therein. Page 20.00-2 General Provisions 20.00.030 Effect and Intent When interpreting and applying the provisions of this code,it shall be held to 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 code 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 code to interfere with or annul any easement,covenant, or other agreement between parties; provided, however, that in cases in which this code imposes greater restrictions than are imposed or required by other easements, covenants or agreements,than in such cases the provisions of this code shall control. 20.00.035 Permits and Licenses Permits and Licenses Not Affected. Nothing herein contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license or both to cover any business, trade or occupation. Permit,Licence,Plan Check and Inspection Fees.The fee for each permit,license,plan check and inspection shall be established by resolution of the City Council. 20.00.040 Base Districts Designated A. The base zoning districts established are as follows: Residential-Agricultural (R-A)District Single-Family Residential (R-1)District Restricted Two Family Residential(R-1.5)District Two Family Residential (R-2)District Multi-Family Residential (MFR)District Retail Service Commercial (RSC)District Administrative,Professional, &Financial Commercial (APF) District Recreational &Marine Commercial (RMC)District Manufacturing District(M-1)District Controlled Manufacturing (M-I-A)District Industrial Business Park(IBP)District Government, Educational, and Institutional Facilities (GEIF)District Open Space (OS)District Specific Plan (SP)District Planned Community(PC)District Page 20.00-3 General Provisions B. References to Classes of Base Districts. References to R districts refer to all residential districts; references to C districts refer to all commercial districts; and references'to I districts refer to all industrial districts. References to residential, commercial and industrial districts also refer to the corresponding portions of mixed use districts,unless otherwise noted. 20.00.045 Overlay Districts Designated In addition to the base districts established above, the following overlay districts are established which, when combined with the above base districts, establish additional special regulations: Specific Plan (SP) Overlay District B Overlay District Mobile Home Park(MHP) Overlay District Residential (R) Overlay District Site Plan Review (SPR) Overlay District Planned Residential Development(PRD) Overlay District IS (IS) Overlay District Parking Management(PM) Overlay District • 20.00.050 Map Adopted by Reference The designations,locations and boundaries of the zoning districts established by this code shall be shown upon the maps entitled 'Districting Map for the City of Newport Beach, California" Any additional maps subsequently adopted and all notations and information thereon are hereby made a part of this code by reference. 20.00.055 District Symbols In addition to the district designations established under Sections 20.00.040 and 20.00.045, the following symbols are established for the purpose of designating floor area limitations and residential densities. When these symbols are placed on the Districting Maps, the floor area and dwelling unit limitations as illustrated shall apply. The symbols and limitations shall be shown in the following manner: A. A number following the district symbol and enclosed by brackets shall designate the maximum floor area ratio permitted in relation to the buildable area of the site or the total number of square feet permitted for the area designated. Where the number of square feet,rather than floor area ratio is specified, the number of square feet shall be followed by the letters sf. 1 Examples: "RSC [0.5]" shall indicate that a fixed floor area ratio of 0.5 is permitted, as provided under Section 20.63.040 (A). Page 20.00-4 General Provisions "RSC [0.5/.75]" shall indicate that a floor area ratio of 0.5 is permitted for Base FAR uses with a maximum floor area ratio of 0.75 permitted for Maximum FAR Uses, as provided under Section 20.63.040(B). "RSC (5,200 sf]" shall indicate that a total of 5,200 square feet of development is permitted in the area specified. B. A number following the district symbol and enclosed by parentheses shall designate the minimum number of square feet of land area required for each dwelling unit or the total number of dwelling units permitted for the area designated. Where the number of dwelling units,rather than square feet of land area per unit,is specified, the number of units shall be followed by the letters du. Examples: "MFR(2178)" shall indicate that one dwelling unit is permitted for each 2,178 square feet of land area included in density calculations per Section 20.60.045; "MPR (28 du)" shall indicate that a total of 28 dwelling units are permitted in the area specified. C. Notwithstanding dwelling unit limitations defined on the Districting Maps enabled above, dwelling unit limits for senior citizen housing facilities (where residency is limited to elderly persons) shall be as specified at the time a use permit is granted for a senior citizen housing facility. 20.00.060 Illustrations A. Authority. The Planning Commission,in accordance with City Council policy,may authorize the Planning Director to provide diagrams or images to assist in conveying the information contained in this code. B. Procedure. The Planning Commission shall approve the addition, modification or deletion of any diagram or image published in conjunction with the Zoning Code. C. Conflicts. In case of conflict between the Zoning Code text and any diagram or image published in conjunction with the Zoning Code, the text shall control. 20.00.065 Rules for Interpretation A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this code or its application to a specific site,the Planning Director shall determine the intent of the provision. 10 Page 20.00-5 General Provisions B. Districting Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply: 1. District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line. 2. On unsubdivided land,or where a district boundary divides a lot,the location of the district boundary shall be determined by using the scale appearing on the districting map, unless the boundary location is indicated by dimensions printed on the map or established by reference. 3. District boundaries shown as approximately following right-of-way lines of freeways,streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines. 4. District boundaries shown as lying with right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines. 5. District boundaries shown as approximately following the shoreline of the • Pacific Ocean shall be construed to follow the mean high tide line. 6. District boundaries shown as approximately following the waterfront of Newport Bay shall be construed to follow the bulkhead line. 7. Should any uncertainty remain as to the location of a district boundary or other feature shown on the districting map, the location shall be determined by the Planning Director. C. Appeals. An interpretation of the zoning regulations or districting map by the Planning Director may be appealed to the Planning Commission, as provided in Chapter 20.95. • Page 20.03-1 Definitions CHAPTER 20.03 DEFINITIONS Sections: 20.03.010 Purpose and Applicability 20.03.020 Rules for Construction of Language 20.03.030 Definitions 20.03.010 Purpose and Applicability This chapter ensures precision in interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout this code, except where the context clearly indicates a different meaning or construction. 20.03.020 Rules for Construction of Language In addition to the General Provisions of the Municipal Code,the following rules of construction shall • apply: A. The particular shall control the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: I. "And" indicates that all connected words or provisions shall apply. 2. "Or"indicates that the connected words or provisions may apply singly or in any combination. 3. "Either...or"indicates that the connected words or provisions shall apply singly but not in combination. C. In case of conflict between the text and a diagram,the text shall control. D. All references to departments, commissions, boards, or other public agencies are to those of the City of Newport Beach, unless otherwise indicated. E. All references to public officials are to those ofthe City ofNewport Beach,and include designated deputies of such officials, unless otherwise indicated. osnsios Page 20,03-2 DCtlalneaB F. All references to days are to calendar days unless otherwise indicated,ifa deadline falls on a weekend or holiday, it shall be extended to the next working day. G. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope,meaning or intent of any section hereof. H. The present tense includes the future, and the future the present. I. The singular number includes the plural, and the plural the singular. J. References in the masculine and feminine genders are interchangeable. K. The words"activities"and "facilities" include any part thereof, 20.03.030 Definitions Abutting or adjoining: Having district boundaries or lot lines in common. Abandoned: To cease or suspend from developing or maintaining a building or use for a stated period of time. Access: Safe,adequate, and usable ingress or egress to a property or use. Acre, Gross: A measure of land area, For purposes of calculating residential density or intensity of development, a"gross acre"shall exclude existing, dedicated rights-of-way. Alley: A public or private way permanently reserved primarily for vehicular service access to the rear or side of properties which otherwise abut on a street.An alley shall not be considered a street. Alteration; Any change,addition,or modification in construction or occupancy of an existing structure. Alteration, Structural: Any change or replacement in the supporting members of a building such as bearing walls, columns,beams or girders. Animal,Domestic: Small animals ofthe type generally accepted as pets,including dogs,cats,rabbits, hens,fish and the like,but not including roosters,ducks,geese,pea fowl,goats,sheep,hogs or the like. Animal, Exotic: Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display. Animal,Large: An animal larger than the largest breed of dogs. This term includes horses,cows,and other mammals customarily kept in corrals or stables. osns/os Page 20.03-3 Definitions . Animal.Small: An animal no larger than the largest breed of dogs. This term includes fish,birds,and mammals customarily kept in kennels. Applicant: Owner(s)or lessee(s) of property, or person(s)who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits,applying for permits under this code, or the agent(s) of such persons. This term includes the successor(s)of such persons. Area. Buildable: The area of a development site, excluding any basic minimum side, front and rear yard spaces, required for buildings three stories or less in height. Area. Floor: (See Floor Area,Net and Floor Area, Gross). Area, Lot, Parcel, or Site: The horizontal area within the property lines excluding public-access corridors,vehicular easements,and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance. Area,Net Public:The total area used to serve customers,including,but not limited to,customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas,but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. Awnin : An ornamental roof-like cover attached to a building and projecting over a window,doorway, or pedestrian walkway. Balcony: A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet. Basement: That portion of building between floor and ceiling,which is partly below and partly above grade as defined in this code,but so located that the vertical distance from the floor below is less than the vertical distance from grade to ceiling. Bay Window:A window or series of windows that project outward'from a wall of building forming a bay or alcove in a room within. This definition includes bow,oriel and similar projecting windows(see also: Greenhouse Window). Berm: A mound or embankment of earth. Blockface: The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of- way,unsubdivided land,water-course, or city boundary. Building: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. osneios Page 20.034 Definitions Building,Accessory: A subordinate building,the use of which is incidental to that ofthe main building on the same lot and/or development site. Buildine, Main or Principal: A building in which is conducted the principal use of the lot and/or development site on which it is situated, Building, Relocatabie: A structure designed for human occupancy for industrial, commercial or professional purposes in such a manner as to be readily transportable from site to site. Building Site: A parcel or contiguous parcels of land which constitute a site eligible for building development under the requirements of Titles 19 (Subdivision Code)and 20(Zoning Code). Building Bulk: The visual and physical mass of a building, calculated in accordance with Section 20.63.060. Bulkhead: A retaining wall or similar structure constructed along a waterfront. Bulkhead Line: A line established to define the bayward limit for solid-filling or solid structures. California Environmental Quality Act(CEOA): California Public Resources Code, Section 2100 et seq. Caliper: The thickness of trees as treasured in inches,feet,etc.Trunk diameter for trees up to 4 inches . shall be measured 6 inches above the soil line,and all trees over 4 inches in diameter will be measured 54 inches above the soil line. Campus: "Campus"means three or more buildings in a residential zone within a 300 foot radius of one another that are used together for a common purpose where one or more of the buildings provides a service for the occupants of all the buildings such as when one building serves as a kitchen/food service area for the occupants of the other buildings. Canopy: (See awning). Carport: (See Parking Space, Covered). Caretaker'sOuarters: A dwelling unit on the site of a commercial,industrial,public or semi-public use, occupied by a guard or caretaker. Change in Operational Characteristics:Any change in the operation of a use which conflicts with the precepts or conditions under which the use was initially permitted; or any factor presented in the individual chapters of this code,either explicitly or for purposes of illustration,as constituting a change in operational characteristics. Cam: The City of Newport Beach. WNW • Page 20.03-5 Definitions . Coastal Zone: A geographic zone adjacent to the shoreline,the boundaries of which are determined by the California Coastal Act of 1976,as amended. Collection Buildings: Buildings with a gross floor area of 225 square feet or less used for the deposit and storage of household articles or recyclables donated to a nonprofit organization. Conditionally Permitted: Permitted subject to approval of a use permit. Condominium: A condominium project,community apartment project,or stock cooperative,as defined in Section 1351 of the California Civil Code. Convenience Market: Retail sales of food,beverages and small'convenience items primarily for off- premisses consumption and typically found in establishments with long or late hours of operation and a relatively small building. This term excludes delicatessens and other specialty food shops and establishment having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat or fish. County: The County of Orange. Court: An open space of prescribed dimensions opposite a required window of a habitable room in a multifamily dwelling that is unoccupied and unobstructed by structures from the ground upward and to the sky, except as otherwise provided in this code. Coverage, Lot or Site: The percentage of a site covered by roofs, soffits, or overhangs and by decks more than 30 inches in height. Daylight Plane: An inclined plane,beginning at a stated height above grade at a side or rear property line,and extending into the site at a stated upward angle to the horizontal,which may limit the height or horizontal extent of structures at any specific point on the site where the daylight plane is more restrictive than the height limit or the minimum yard applicable at such point on the site. Deck: A platform, either free-standing or attached to a building,that is supported by pillars or posts (see also: Balcony). Density: The number of dwelling units per gross acre, unless otherwise stated, for residential uses. Distribution Line: An electric power line bringing power from a distribution substation to consumers. District: A portion ofthe City within which the use of land and structures and the location,height,and bulk of structures are governed by this code. Driveway: A designated passageway providing vehicular access between a street and a garage or carport, a designated parking area, or other driveway or street.A driveway shall not be considered a street. • osneios Page 20.03.6 Definitions Dwelling,Multi-Family. "Dwelling,multifamily"means a building containing three or more dwelling units,each of which is for occupancy by one family. Dwellinm,Sin lef Family: "Dwelling,single-family"means a building containing one dwelling unit for occupancy by one family. Dwelling.Two-Family: "Dwelling,two family"means a building containing two dwelling units,each of which is for occupancy by a one family. Dwelling Unit: Any area within a structure on any parcel which: A. Contains separate or independent living facilities for one or more persons,with area or equipment for sleeping, sanitation and food preparation, and which has independent exterior access to ground level;or B. Is being utilized for residential purposes by one or more persons separately or independently from occupants of other areas within the structure. Dwelling Unit,Accessory: A residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking,and sanitation and be located on the same parcel as a single-family dwelling is situated. Easement: A grant of one or more property rights by the property owner for use by the public, a corporation,or another person or entity. Entertainment. Live: Shall be defined as provided in Section 5.28.010 of the Municipal Code. Environmental Impact Report OR): A detailed report describing and analyzing the potentially significant environmental effects of a project and discussing ways to mitigate or avoid the effects in compliance the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. Exemption.Categorical: An exception from the requirements ofthe California Environmental Quality Act(CEQA)for a class of projects, based on a finding by the California Secretary for Resources that the class of projects does not have a significant effect on the environment. Facilities for Food Preparation. An area where food maybe prepared which includes,but is not limited to,any two or more of the following items, either individually or in combination:heating appliances such as stoves, hot plates, microwave ovens, convection ovens and/or toaster ovens, refrigeration appliances,sinks including theplumbing thereto with runningwater whetherwith or without a disposal and may include a bathroom sink, cabinetry or shelving used for the storage of pots, pans, dishes, glasses, eating utensils and/or food items. Family: "Family"means one or more persons living together as a Single Housekeeping Unit. Theterm "Family" shall include "Residential Care-Limited" facilities for six or fewer mentally disabled, osnc�os Page 20.03-7 Definitions mentally disordered or otherwise handicapped persons regardless of whether they are living together as a Single Housekeeping Unit,but shall not include any other living group that is not living together as a Single Housekeeping Unit. Floor,Finished: The surface of a floor after the final installation or application of floor coverings or other surfacing materials. Floor Area,Gross: The total enclosed area ofall floors ofa building measured to the outside face of the structural members in exterior walls,and including halls,stairways,elevator shafts at each floor level, service and mechanical equipment rooms,and basement or attic areas having a height of more than 7 feet(see Chapter 20.63:Floor Area Ratios and Building Bulk and Chapter 20.66: Off-Street Parking and Loading for variations of this term for purposes determining floor area ratio and parking requirements). Floor Area,Net: The area included within the surrounding walls of building,exclusive ofvent 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. Floor Area,Net Public: (See Area,Net Public). Floor Area Ratio(FAR): The gross floor area of a building or buildings on a lot divided by the lot area or site area. Frontage: The side of a lot abutting a street. Frontage.Reversed: A key lot or the first lot to the rear of a corner lot,the front lot line of which is a continuation of the side lot line of the corner 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 corner lot abuts. Garage: (See Parking Space,Enclosed). General Plan: The City of Newport Beach General Plan„as amended. Grade, Existing: The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this code. Grade. Finished: The surface of the ground or pavement at a stated location which exists after disturbance in preparation for a project regulated by this code. Grade.Natural: The unaltered natural surface of the ground at a stated location. Grade. Street: The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists. osneios Page 20.03.8 Definitions Greenhouse Window:A multi-sided window with glass roof panels projecting outward from a wall of a building(see also:Bay Window). Habitable Space(Room):The space in a structure for living,sleeping,eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. Hedge: Any group of shrubs planted in line or in groups which forms a compact,dense,living barrier which protects, shields, separates or demarcates an area from view; any similar plant material, or similar plant material in conjunction with a structure,which is 80 percent opaque within 12 months after planting, Height: A vertical dimension measured from existing grade,unless otherwise specified. Home Occupation:An occupations conducted in a residential district that is incidental to the principal residential use of a lot or site. Illumination.Direct: Illumination by means of light that travels from its source to the viewer's eye. Illumination. Indirect: Illumination by means only of light cast upon an opaque surface from a concealed source. Kitchen: Any room or portion of room designed, intended or used for the cooking or preparation of food. Landscaping: An area devoted to or developed and maintained with native or exotic plantings,lawn, ground cover,gardens,trees,shrubs,and other plant materials,decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material(excluding driveways,parking,loading,or storage areas),and sculptural elements. Plants on rooftops,porches or in boxes attached to buildings is not considered landscaping. Landscaping.Interior: A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility(as applied to parking and load facilities or to similar paved areas). Landscaping. Perimeter: A landscaped area adjoining and outside the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and load facilities or to similar paved areas). Lead Agency: The public agency which has the principal responsibility for carrying out or approving the project, 05/26/05 Page 20.03-9 Definitions . Lot: An area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment.The terms `lot"and "parcel"are interchangeable for purposes of this Code. Lot, Corner: A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. The front yard of a corner lot shall adjoin the shortest street property line, provided that where street property lines are substantially the same length,the Planning Director shall determine the location of the front yard. Lot Depth: The horizontal distance for the midpoint of the front-lot line to the midpoint of the rear-lot line,or to the rear most point of the lot where there is no rear-lot line. Lot, Double-Frontage: An interior lot having frontage on more than one street or a corner lot having frontage on more than two streets. Each street frontage of an interior lot and the two shortest street frontages of a corner lot shall be deemed a front lot line. Lot Key: A lot with a side lot line that abuts the rear lot line of one or more adjoining lots. F F- O Streets Lot, Reversed Corner: A corner lot, the rear of which abuts the side of another lot. O O I�EVERSEQ tY I W REVERSED • CORNER, W i-- ,CORNE Lot or Property Line, Front: On an interior lot, a Z LOT z LOT lot line separating the lot from the street. On a corner lot, the shortest lot line abutting a street, - — - — - — - - — - — - — - provided that where the two lot lines abutting a 5 KEY LOT KEY LOT Z street are substantially the same length, the 2 Planning Director shall determine the location of I co the front lot line. INTERIOR L,IOT INTERIOR LOT Lot or Property Line,Rear: A lot line, not a front lot line, that is most parallel or approximately DOUBLE-FRONTAGE LOT parallel to the front lot line, Where no lot line is - — - — - — -I— - — - — - — - within 45 degrees of being parallel to the front lot CORNER LOT CORNER L T line,the rearmost point of the lot shall be used for the purpose of measuring lot depth and a line 10 Street feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring the rear yard setback. Lot or Property Line,Interior: A lot line not abutting a street or alley. Lot or PropeMy Line, Side: Any lot line that is not a front lot line or a rear lot line. OS/26lOS Page 20.03-10 Definitions Lot or Property Line, Street: A lot line abutting a street. Lot Width: The mean of the horizontal distance between the side lot lines measured atright angles to the lot depth at points 20 feet from the front lot line and 20 feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. Marquee: An roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building. Mobile Home: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 recreational vehicles, commercial coaches, or factory-built housing. MobileHome,Park: Any area of land used primarily for the placing,parking or storage oftwo or more mobile homes for housekeeping, sleeping or living quarters. Mobile Home Space: 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. Municipal Code: The Municipal Code of the City of Newport Beach,as amended. NAVD 88: (See North American Vertical Datum of 1988). Negative Declaration: A written statement by the Lead Agency describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an Environmental Impact Report(EIR). Nonconforming Sign: A sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed, but which does not conform with standards for location, size or illumination for the district in which it is located by reason of adoption or amendment of this code,or by reason of annexation of territory to the City. Nonconforming Structure: A structure that was lawfully erected,but which does not conform with the property development regulations prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City. Nonconforming Use: A use of structure or land that was lawfully established and maintained,but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City. North American Vertical Datum of 1988(NAVD 88): A fixed reference for elevations determined by osn61os Page 20.03.11 Definitions geodetic leveling created by the National Geodetic Survey. Off-Street Loading Facilities: A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. Off-Street Parking Facilities: A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces,aisles, access drives, and landscaped areas. Open Space,Private: A usable open space adjoining and directly accessible to a dwelling unit,reserved for the exclusive use of residents of the dwelling unit and their guests. Open Space,Common: An open space within a residential development reserved for the exclusive use of residents of the development and their guests. Open Space,Total: The sum of private open space and shared open space. Open Space,Usable: Outdoor or unenclosed area on the ground,or on a roof,balcony,deck,porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but excluding parking facilities,driveways,utility or service areas,or any required front or street side yard, and excluding any space with a dimension of less than 6 feet in any direction. Opposite: Walls, windows, signs, districts, or property lines shall be deemed opposite if a line perpendicular to a vertical plane through one element and having its widest horizontal dimension would intersect a similar vertical plane through another element. Outdoor Living Area: (See Open Space, Usable). Owner: Any person,copartnership,association,corporation or fiduciary having legal or equitable title or any interest in any real property. Parcel: (See Lot). Parking Space: An unobstructed space or area other than a street or alley that is permanently reserved, maintained,and accessible for the parking of 1 motor vehicle. Parking Space,Covered: A building or portion of building,open or enclosed by walls or doors on not more than two sides,that is designed or used to shelter a parking space. Parking Space,Enclosed:A building or portion of a building,completely enclosed by walls or doors on three or more sides,that is designed or used to shelter a parking space. Parking Space, Tandem: A parking space within a group of 2 or more parking spaces arranged one behind the other. Patio Cover: A solid or open roof structure not exceeding 12 feet in height and covering a patio, platform, or deck area. Patio covers may be detached or attached to another structure. Patio covers OS/26/OS Page 20.03-12 Definitions may be enclosed and used for recreational and outdoor living purposes, does not include structures used as carports,garages, storage rooms,or habitable rooms. Permitted: Permitted without a requirement for approval of a use permit. Person: Any individual, firm,partnership, association,corporation,company or organization of any kind, including public agencies. Pier: Any fixed or floating structure for securing vessels,loading or unloading persons or property,or providing access to the water,including wharfs,docks,floats,or other landing facilities,and dry docks. Pierhead Line: A line established to define the bayward limit for piers and float-type structures. Planning Director: The Planning Director of the City of Newport Beach, or the Planning Director's designee. Plot Plan:Aplat of a lot,drawn to-scale,showing the actual measurements,the size anddocation of any existing structures or structures to be erected,the location ofthe lot in relation to abutting streets,and other such information. Porch: A covered platform,usually having a separate roof,at an entrance to a dwelling,or an open or enclosed gallery or room,which is not heated or cooled, that is attached to the outside of a building. Preexisting: Inexistence prior to the effective date of this code, Prepackaged Food:Any processed food prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer. Project: Any proposal for new or changed use,or for new construction,alterations,or enlargement of any structure,that is subject to the provisions of this code. Proscenium, Garage: The structural frame of a garage door. Queue Space: A temporary waiting area for motor vehicles obtaining a service or other activity, Readily Transportable: 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. Ready-To-Eat Food: Food that is in a form that is edible without additional washing, cooking, or preparation by the food facility or the consumer and that is reasonably expected to be consumed in that form. 05126105 Page 20.03-13 Definitions IsRecreational Vehicle(RV):A vehicle towed or self-propelled and designed or used for recreational or sporting purposes. This term includes, but is not limited to,travel trailers,pick-up campers, camper shells,camping trailers,motor coach homes,converted trucks or buses,boats and boat trailers,and all terrain vehicles. Renovation:The interior or exterior remodeling of a structure, other than ordinary repair. Room. Habitable: A room meeting the requirements of the Housing Code (Chapter 15.03 of the Municipal Code)for sleeping, living, cooking,or dining purposes,excluding such enclosed places as closets,pantries,bath or toilet rooms,service rooms,connecting corridors,laundries,unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces. Screen: A device or materials used to conceal or obscure one element of a development from other elements or from adjacent or contiguous development or rights-of-way. Screening may consist of fences,walls, berms, or plantings. Service Station Fueling Space: A temporary parking space immediately adjacent to a fuel dispensing unit. Setback Line: A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right-of-way whether acquired in fee, easement or otherwise,or a line otherwise established to govern the location of buildings,structures or uses. Where no minimum front,side or rear yards are specified,the setback line shall be coterminous with the corresponding lot line. Shade: (See awning). Shopping Center: A grouping of retail business and service uses on a single site with common parking facilities. Single Housekeeping Unit: "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit including the joint use of common areas and sharing household activities and responsibilities such as meals,chores,and expenses. For purposes of the R-A and R-1 zones,a Single Housekeeping Unit's members shall also be a non-transient group. Single Ownership: Holding record title,possession under a contract to purchase,or possession under a lease,by a person, firm corporation, or partnership, individually,jointly, in common, or in any other manner where the property is or will be under unitary or unified control. Site: (See Building Site). Slope: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. • 05/26/OS Page 20.03-14 Definitions SolarEguipment: 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. SpecificPlan: A plan for a defined area that is consistent with the General Plan and withthe provisions of the California Government Code, Section 65450 et seq. (Specific Plans). Sty: That portion ofa 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 abasement,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. Street: A public or private vehicular right-of-way,including local streets,commuter streets,and arterial highways, but not including alleys,driveways, or off-road bikeways. Structure: Anything constructed or erected, the use of which required location on the ground or attachment to something having location on the ground. Structure. Accessory: Structures that are incidental to the principal structure on a site. This classification includes fences,walls,decks,landings,patios,platforms,porches and terraces and similar minor structures other than buildings (see Building,Accessory). Submerged Area: An area which is below Mean Higher High Water. Surface,Finished: The surface of a structure after the final installation or application of stucco, sliding,stone, brick,tile,shingles,or other surfacing or roofing materials. Swimming Pools and Hot Tubs: Any confined body of water, located either above or below the existing finished grade of the site which exceeds 18 inches in depth and is designed,used,or intended to be used for swimming or bathing purposes. Transmission Line: An electric power line bringing power to a receiving or distribution substation. Tree: A plant having at least one well-defined stem or trunk and normally attaining a mature height of at least 15 feet,with an average mature spread of 15 feet,and having a trunk that shall be kept clear of leaves and branches at least 6 feet above grade at maturity. Tree,Fifteen Gallon: A 15-gallon container tree shall be no less than 1-inch caliper and at least 6 feet in height above grade at the time of planting. Tree.Mature: Any tree with a trunk with a diameter of 10 inches or more,measured 24 inches above existing grade. o5nwo5 Page 20.03-15 Definitions isTree.Twenty-Four-Inch Box: A 24-inch box tree shall be no less than 1.75-inch caliper and at least 7 feet in height above grade at the time of planting. Unit: The particular area of land or airspace that is designed,intended or used for exclusive possession or control of individual owners or occupier. Use: 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. Use.Principal: The primary or predominant use of any lot, building,or structure. Use.Accessory: A use that is appropriate,subordinate,and customarily incidental to the main use of the site and which is located on the same site as the main use. Use. Ancillary: A use that is clearly incidental to and customarily found in connection with the principal use;is subordinate to and serves the principal use;is subordinate in area,extent,or purpose to the principal use served; contributes to the comfort convenience, or necessity of the operation, employees, or customers of the principal use served. An ancillary use may be located on a property separate from the principal use. Used: This term includes the following meanings: arranged, designed, constructed, altered, rented, leased,sold, occupied, and intended to be occupied. • Vending?Machine: Any unattended self-service device which,upon insertion of coin,coins,or token, or by similar means, dispenses anything of value including any food, beverage, goods, wares, merchandise or services. Visible: Likely to be noticed by a person of average height walking on a street or sidewalk. Watercraft. A type ofrecreational vehicle designed to be used for water-related activities,including but not limited to sail boats,powerboats, canoes, kayaks and other personal watercraft. Window. Required: An exterior opening in a habitable room meeting the area requirements of the Housing Code(Chapter 15.03 of the Municipal Code). Written Notice: A notice in writing,deposited in the United States mail,postage prepaid,addressed to the last known address of the designated addressee. Yard: An open space on the same site as a structure,unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this code,including a front yard,side yard,or rear yard. Yard. Front: A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site. osne1os Page 20.03-16 Definitions Yard, Rear: A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto onthe site,exceptthat on a corner lot the rear yard shall extend only to the side yard abutting the street. Yard,Side: A yard extending from the rear line ofthe required front yard,or the front property line of the site where no front yard is required,to the front line ofthe required rear yard,or the rear property line ofthe site where no rear yard is required,the width ofwhich is the horizontal distance between the side property line and a line parallel thereto on the site,except that the side yard on the street side ofa corner lot shall extend to the rear lot line. Zoning Code:Title 20 of the City of Newport Beach Municipal Code, as amended. osneros Page 20.05-1 - - "- -- Use Classifications • CHAPTER 20.05 USE CLASSIFICATIONS Sections: 20.05.010 Purpose and Applicability 20.05.020 Uses Not Classified 20.05.030 Residential Use Classifications 20.05.040 Public and semipublic Use Classifications 20.05.050 Commercial Use Classifications 20.05.060 Industrial Use Classifications 20.05.070 Agricultural and Extractive Use Classifications 20.05.080 Accessory Use Classifications 20.05.090 Temporary Use Classifications 20.05.010 Purpose and Applicability Use classifications describe one or more uses having similar characteristics,but do not list every use or activity that may appropriately be within the classification. The Planning Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this code. The Planning Director may determine that a specific use shall not be deemed to be within a classification,whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification. The Planning Director's decision may be appealed to the Planning Commission. 20.05.020 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into zoning regulations by a Zoning Code text amendment, as provided in Chapter 20.94. 20.05.030 Residential Use Classifications A. Day Care.Limited. "Day-Care,Limited"means non-residential,non-medical care and supervision of twelve (12) or fewer persons on a less than twenty-four hour basis. This classification includes,but is not limited to,nursery schools,preschools, and day-care centers for children(large and small family day-care homes)and adults. B. Group Residential. "Group Residential"means shared living quarters,occupied by more than one person,which lack separate kitchen and bathroom facilities for each Iorzrioa Page 20.05-2 Use Classifications room orimit,as well all shared living quarters occupied by two or more persons not living together as a Single Housekeeping Unit.This classification includes boarding houses,dormitories,fraternities,sororities,and private residential clubs,but excludes residential hotels(see Single-Room Occupancy(SRO)Residential Hotels, Section 20.05.050(EE)(4)). C. Multifamily Residential. Three ormore dwelling units on a site. This classification includes mobile home and factory-built housing. A Residential Care.Limited. "Residential Care,Limited"means shared living quarters (without separate kitchen and bathroom facilities for each room or unit) for six or fewer persons with physical or mental impairments that substantially limit one or more of such person's major life activities. This classification also includes,but is not limited to, group homes, sober living environments, recovery facilities, and establishments providing non-medical care for persons in need ofpersonal services, supervision,protection, or assistance essential for sustaining the activities of daily living. E. Single-Family Residential. "Single-Family Residential" means a building or buildings containing one dwelling unit located on a single lot for occupancy by one family. This classification includes mobile homes and factory built housing. F. Two-Family Residential "Two-Family Residential"means a building or buildings containing two dwelling units located on a single lot,each unit limited to occupancy by a single family. This classification includes mobile homes and factory built housing. 20.05.040 Public and Semipublic Use Classifications A. Airport. Runways and related facilities for airplane landing and take-off. B. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery. C. Clubs and Lodes. Meeting,recreational,or social facilities ofa private or nonprofit organization primarily for use by members or guests. This classification includes union halls,social clubs and youth and senior centers. 1. Yacht Clubs. Meeting,_recreational,social and support facilities of an organization primarily used to promote and regulate yachting and boating. to/2vo4 Page 20.05-3 Use Classifications D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. F. Day Care,General. Provision of non-medical care for thirteen or more persons on a less than 24-hour basis. This classification includes nursery schools,preschools,and day-care centers for children or adults. G. Detention Facilities. Publicly owned and operated facilities providing housing,care, and supervision for persons confined by law. H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. I. Emergency Shelter. Overnight sleeping accommodations providing temporary housing(not to exceed 60 days)to indigent,homeless,needy, or transient families and/or individuals. Such accommodations may include basic supportive services such as eating and drinking,restroom,bathing,laundry facilities,and storage areas. • J. Government Offices. Administrative, clerical, or public contact offices of a government agency,including postal facilities,together with incidental storage and maintenance of vehicles. K. Heliports. Pads and facilities enabling takeoffs and landings by helicopters. L. Hospitals. Facilities providing medical,surgical,psychiatric,or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classifica- tion includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. M. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment,and materials storage areas. This classification includes corporation yards,equipment service centers,and similar facilities. N. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. O. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. 10/27/04 Page 20.05.4 Use Classifieations _ P. Public Safety Facilities. facilities for public safety and emergency services, including police and fire protection. Q. Religious Assembly. Facilities for religious worship and incidental religious education,but not including private schools as defined in this section. R. Residential Care.General. "Residential Care,General"means shared living quarters (without separate kitchen or bathroom facilities for each room or unit)for seven or more persons with physical or mental impairments that substantially limit one or more of such person's major life activities when such persons are not living together as a Single Housekeeping Unit. This classification includes but is not limited to group homes, sober living environments, recovery facilities and establishments providing non-medical care for persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. S. Schools.Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. T. Utilities,Major. Generating plants, electrical substations, above-ground electrical transmission lines,lone switching buildings,refuse collection,transfer recycling or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants,transportation or communications utilities,and similar facilities of public agencies or public utilities. A structure that may have a significant effect on surrounding uses shall be regulated under this classification. U. Utilities,Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines. 20.05.050 Commercial Use Classifications A. Adult-Oriented Businesses. See Chapter 5.96 of the Municipal Code. B. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles, C. Animal Sales and Services. 1. Animal Boardin¢. Provision of shelter and care for animals on a commercial basis. This classification includes activities such as feeding,exercising,grooming, and incidental medical care. 10/27/04 L Page 20.05-5 • Use Classifications 2. Animal Grooming. Provision of bathing and trimming services for animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed,soundproofed,and air-conditioned. Grooming and temporary(30 days)boarding of animals is included if incidental to the hospital use. 4. Animals Retail Sales. Retail sales and boarding of animals,provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. D. Artists'Studios. Work space for artists and artisans,including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. E. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes • businesses offering check-cashing facilities. I. With Drive-Through/Drive-Up Service. Institutions providing services accessible to persons who remain in their vehicles. 2. Freestanding ATM's. Automated teller machines located on properties separate from financial institutions. F. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumberyards,tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Ec�uipment Sales and Services,including vehicle towing services. G. Catering Services. Preparation and delivery of food and beverages for off-site consumption,without provision for on-site pickup or consumption(see also Eating and Drinking Establishments.) H. Commercial Filming. Commercial motion picture or video photography at the same location more than 6 days per quarter of a calendar year. lomio4 Page 20.05.6 Use Classifications I. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes cinemas,theaters,sports stadiums and arenas,amusement parks,bowling alleys,billiard parlors,poolrooms, dance halls,ice/roller skatingrinks,golfcourses,miniature golfcourses,scale-model courses, shooting galleries,tennis/racquetball courts, arcades or electronic games centers having three or more coin-operated game machines and card rooms, This classification does not include Adult-Oriented Businesses(See Chapter 5.96 of the Municipal Code). 1. Cinemas. The presentation ofmotion pictures,slides or video before an individual or assemblage ofpersons for fee or consideration and in which the serving of food and/or beverages is clearly incidental to such presentations. 2. Theaters.The presentation of live performances before an individual or assemblage ofpersons for a fee or consideration and in which-the service and consumption of food and/or beverages is minor and is only allowed to occur outside of seating and presentation areas. 3, Cabarets and Nightclubs. Establishments with the principal purpose of providing live entertainment and/or dancing occupying more than 20 percent of the net public area in conjunction with the serving of food and/or beverages. J. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms,but excluding Utilities(Major). This classification includes radio,television,orrecording studios; telephone switching centers; and telegraph offices. K. Eating and Drinking Establishments. Businesses with the principal purpose to serve prepared food or beverages for consumption on or off the premises. 1. Full Service, High Turnover. Establishments with the following characteristics: a. Customers are typically provided with an individual menu and are served by a restaurant employee at the same table or counter at which the items are consumed, b. Typical seating turnover rates of less than one hour. C. Average weekday vehicle trip generation rate is more than 100 vehicle trips per 1,000 square feetofgross floor area,but less than 300 vehicle trips per 1,000 square feet of gross floor area. tontiroa � I, Page 20.05-7 Use Classifications 2. Full-Service,Low Turnover. Establishments with the following characteristics: a. Customers are provided with an individual menu and are served by a restaurant employee at the same table or counter at which the items are consumed. b. Typical seating turnover rates of at least one hour. C. Average weekday vehicle trip generation rate does not exceed 100 vehicle trips per 1,000 square feet of gross floor area. d. Is not open to the public between the hours of 6:30 a.m.and 9:30 a.m. on weekdays or where no more than 2 percent of week day vehicle trips are generated between the hours of 6:30 a.m.and 9:30 a.m.. 3. Full Service, Small Scale. Establishments with the following characteristics: a. The net public area of 1,000 square feet or less. b. No more than 25 seats are provided. C. Average weekday vehicle trip generation rate is less than 300 vehicle trips per 1,000 square feet of gross floor area. 4. Take-Out Service. Establishments with the following characteristics: a. More than 30 percent of the transactions are sales for off-site consumption. b. Customers are typically served either at counter or service window. C. Average weekday vehicle trip generation rate is more than 300 vehicle trips per 1,000 square feet of gross floor area. (1) With Drive-Through/Drive-Uo. Service from a building to persons in vehicles through an outdoor service window or serve to persons in vehicles parked in designated parking spaces. 10/27/04 Page20.05.8 Use Classiflcations 5. Take-Out Service,Limited. Establishments offering a limited variety offood-or beverages principally for off-site consumption,but which may include incidental seating for consumption on-site. Typical uses include bakeries,candy,nut,and confectionery stores,ice cream and frozen dessert stores,small delicatessens and similar establishments with the following characteristics: a. More than 30 percent of the transactions are sales for off-site consumption. b. Customers are served either at counter or service window. C. No more than 6 seats are provided. d. Net public area does not exceed 100 square feet. 6. Accessory. Any establishment serving as an accessory use in a retail, office,or institutional building with a gross floor area of 5,000 square feet or more,provided the establishment has no separate entrance,the hours of operation correspond with those of the principal use and the total net public area of all such establishments within the building total to no more than 5 percent of the gross floor area, up to a maximum of 1,500 square feet. 7. Bars and Cocktail Lounges. Establishments with the principal purpose to sell or serve alcoholic beverages for consumption on the premises or any establishment having any of the following characteristics: a, Is licensed as a "public premises" by the California Department ofAlcoholic Beverage Control. b. Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not deemed as constituting regular meal service. L. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries and liquor stores. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments, tonvoa Page 20.05-9 Use Classifications • 1. Convenience Markets. Retail sales of food, beverage and small convenience items typically found in establishments with long or late hours of operation. This definition excludes delicatessens and other specialty food shops having a sizeable assortment of fresh fruits and vegetables, and fresh-cut meat or fish. M. Funeral and Internment Services. Establishments primarily engaged in the provision of service involving the care,preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture, Limited. The raising of vegetables, flowers, ornamental trees and shrubs as a commercial enterprise,provided that no nursery equipment or materials shall be stored and no structures erected. Commercial horticulture accessory to a dwelling unit shall be regulated as a home occupation. O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic,analytical,or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair, or building maintenance services. This classification excludes maintenance and repair . ofvehicles;(see Vehicle/Equipment Repair)or boats or ships(see Marine Sales and Services). Q. Marine Sales and Services. 1. Boat Charter,Rentals and Sales. Charter,rental,or sale of boats or ships, including storage and incidental maintenance. 2. Boat Storage. Storage of operative or inoperative boats or ships. 3. Boat Yard. Construction and repair of boats or ships, including the sale, installation,and servicing of related equipment and parts. 4. Marine Service Stations. Establishments engaged in the retail sale of gasoline, diesel, and alternative fuels, lubricants, parts, and accessories for boats or ships. 5. Marine Retail Sales. Establishments providing supplies and equipment for shipping or related services,or pleasure boating. R. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure,and fertilizer of any type is stored and sold in package form only. tom1oa Page 20.05-10 Use Classiftcations S. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, real estate, insurance, investment, legal, and medi- cal/dental offices. This classification includes medical/dental laboratories incidental to an office use,but excludes banks and savings and loan associations. 1. Offices, Medical and Dental, Offices of firms or organizations providing medical/dental services. This classification includes facilities for the diagnosis and treatment ofhuman patients and medi- cal/dental laboratories incidental to the office use. T. Pawn Shops. Establishments engaged in the buying or selling ofnew or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.20 of the Municipal Code. U. Personal Improvement Services, Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, and health/fitness clubs. 1. Health/Fitness Clubs. Establishments with equipment for exercise and physical conditioning. V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale plants as provided in Section 20.05.060 (C)),and self-service laundries. 1. Limited, Excludes dry cleaning businesses and self-service laundries. 2. Massage Establishments. Establishments providing massage service as defined in Chapter 20.87. 3. Nail Salons.Establishments where 25 percent or more of the work stations are used to provide manicure and/or pedicure services. W. Postal Services, Establishments providing commercial postal services directly to the customer, including letter and parcel mailing, post office box rental, and related services. This classification does not include facilities ofthe U.S.Postal Service(see Government Offices), X. Printing and Duplicating Services, Establishments providing printing and duplicating services using photocopy, blueprint, and offset printing and similar iorzrroa Page 20.05.11 Use Classifications • equipment. This classification includes small-scale photo processing,but excludes photographic laboratories and industrial printing and publishing plants. Y. Research and Development Services. Establishments primarily engaged in industrial or scientific research,including limited product testing. This classification includes electronic research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes,or medical testing and analysis. Z. Retail Sales. The retail sale ofinerchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, and furniture stores,and businesses retailing the following goods:toys,hobby materials, hand crafted items,jewelry,cameras,photographic supplies,electronic equipment, records,sporting goods,kitchen utensils,hardware,appliances,antiques,art supplies and services, paint and wallpaper carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). 1. Limited. Excludes furniture, hardware, paint and wallpaper, carpeting and floor covering, and new automotive parts and accessories. 2. Pharmacies and Medical Supplies. Establishments primarily selling • prescription drugs, and medical supplies and equipment. AA. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing, by secondhand dealers who are subject to Chapter 5.20 of the Municipal Code. This classification excludes antique shops primarily engaged in the sale of antique furniture and accessories . BB. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 48 hours,conducted by a sponsor on a more than twice yearly basis. CC. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. DD. Vehicle/Equipment Sales and Services. 1. Automobile Washing. Washing,waxing,or cleaning of automobiles or similar light vehicles. 2. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. . tonvoa Page 20.05-12 Use Classiftcatlohs 3. Service Stations. Establishments engaged in the retail sale of gasoline, diesel, and alternative fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and repair ofautomobiles and light trucks,but excludes body and fender work or repair of heavy trucks or vehicles. 4. Vehicle/EquipmentRepair. Repair of automobiles,trucks,motorcy- cles, mobile homes, or recreational vehicles, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, wheel and brake shops,and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. a. Limited. Excludes body and fender shops. b. Electronic Equipment Installation. Limited to the sale and installation of electronic equipment such as alarms,cellular telephones,and stereos. 5. Vehicle/Equipment Sales and Rentals. Sale orrental of automobiles, motorcycles,trucks,tractors,construction or agricultural equipment, mobile homes, and similar equipment, including storage and incidental maintenance. a. Limited. Limited to the sale or rental ofautomobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. 6. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage ofparking tow-aways,impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles,but does not include vehicle dismantling. BE. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging rooms for less than 30 days in a dwelling unit, with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels.Motels. and Time-Share Facilities. Establishments offering commercial lodging for less than 30 days. This classification includes incidental eating,drinking,and banquet service intended for the convenience of guests. 10127104 Page 20.05-13 - Use Classifications 3. RV Parks. A facility renting or leasing space for recreational vehicles for recreation or vacation purposes . 4. Single-Room Occupancy(SRO)Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in individual rooms,or kitchen facilities for the exclusive use of guests,and which are also the primary residences of the hotel guests. FF. Warehousing and Storage, Limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification includes facilities with a maximum of 5,000 square feet of gross floor area, but excludes Distribution and Storage, and Vehicle Storage. GG. Warehousing and Storage.Self Service. Provision of storage space for household or commercial goods within an enclosed building with direct public access to individual storage spaces. • ]0/27104 Page 20.05-14 Use Classifications 20.05.060 Industrial Use Classifications A. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. B. Industry.Custom. Establishments primarily engaged in on-site production ofgoods by hand manufacturing involving the use of hand tools and small-scale equipment. 1. Limited. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios,candle-making shops,and custom jewelry manufacture. C. Industry, General. Manufacturing of products, primarily from extracted or raw materials,or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products,materials,equipment,or bulk fuel. This classification includes chemical manufacture or processing, large-scale laundry and dry cleaning plants,auto dismantling within an enclosed building,oil and gas refining,stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. 1. Large-scale Laundry.and Dry Cleaning Plants. A laundry or dry cleaning facility having any of the following characteristics, a. Boiler exceeding a total of 15 horsepower; b. Dry cleaning machine exceeding 60 pounds total capacity; C. Dryer exceeding 50 pounds total capacity; d. Wet cleaning washer exceeding 50 pounds total capacity. D. Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services;both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services. 1. Small Scale. Limited to a maximum gross floor area of 5,000 square feet. iontroa Page 20.05-15 — Use Classifications E. Industry.Marine-Related. Establishments primarily engaged in the manufacture of marine-related parts or products. This classification excludes boat yards. F. Industry Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale,but prohibits uses that may be objectionable in the opinion of the Planning Director,by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Uses include biotechnology, films, and non-toxic computer component manufacturers. G. Storage and Distribution. Storage and distribution facilities without direct public access. 1. Trucking Terminals. Storage and distribution facilities having more than six heavy trucks on the premises at one time, but excluding trucking accessory to a Limited or General Industry classification. 2. Small-Scale. Wholesaling, distribution and storage having a maximum gross floor area of 5,000 square feet and having no more than two docks or service bays. 20.05.070 Agriculture and Extractive Use Classifications • A. Animal Husbandry. Raising of animals or production of animal products,such as eggs or dairy products,on an agricultural or commercial basis. Typical uses include grazing,ranching,dairy farming,animal breeding,and poultry farming. B. Crop Production. Raising and harvesting oftree crops,row crops,greenhouse crops, or field crops on an agricultural or commercial basis, including packing and processing. C. Mining and Processing. Places or plants primarily devoted to surface or subsurface mining of metallic and nonmetallic minerals, oil or gas,together with essential on- site processing and production of only nonmetallic mineral products. Typical places are borrow pits, quarries, oil and gas drilling rigs, or concrete batch plants. This classification specifically excludes any activities that are directly or indirectly associated with off-shore oil and gas exploration,production, or processing. 20.05.080 Accessory Use Classifications A. Accessory Structures and uses. Structures and uses that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes accessory dwelling units("granny units" and "second units")and home occupations. Page 20.05.16 Use Classifications 20.05.090 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of 7 days. B. Christmas Tree and Pumpkin Sales. Retail sales of pumpkins and Christmas trees between October 1 and November 7 and Thanksgiving and December 31, respectively. C. Circuses and Carnivals. Provision of games,rides, eating and drinking, facilities, live entertainment,animal exhibitions,or similar activities foramaximum of 7 days. This classification excludes events conducted in a permanent entertainment facility. D. Commercial Filming,Limited. Commercial motion picture or video photography at the same location 6 or fewer days per quarter of a calendar year. E. Fairs and Festivals. Provision of games,eating and drinking facilities,live entertain- ment,or similar activities not requiring the use of roofed structures. F. Heliports,Temporary. Pads and facilities enabling takeoffs and landings by helicop- ters,for a period of not more than 90 days. G. Outdoor Storage and Display. Temporary. Outdoor storage and display of • merchandise,materials,or equipment for amaximum period of72 hours per quarter of a calendar year. H. Personal Property Sales. Sale or trading of used personal property from or on any residence or group of residences within the same neighborhood for a maximum of 3 days no more than twice in any one year. This classification includes estate,garage, and yard sales. I. Real Estate Office,Temporary. Tract and sales offices for the first sale ofstructures and/or lots. 3. Recreation and Entertainment Events. Provision of non-recurring participant or spectator recreational or entertainment events. This classification includes sporting events and tournaments, contests and exhibitions, performing arts, and similar activities fora maximum of days. This classification excludes events conducted in a permanent entertainment facility. K. Religious Assembly. Religious services conducted on asite that is not permanently occupied by a religious assembly use,for a period of not more than 30 days. tomroa Page 20.05-17 Use Classifications L. Swap Meets,Non-Recurring. Retail sale or exchange ofhandcrafted,or secondhand merchandise for a maximum period of 48 hours, conducted by a sponsor no more than twice in any year. M. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of 5 days. • torz7ioa • PART II: BASE ZONING DISTRICTS Chapters: 20.10 Residential Districts 20.15 Commercial Districts 20.20 Industrial Districts 20.25 GET District 20.30 OS Districts 20.35 Planned Community District 20.40 Specific Plan District 20.41 Specific Plan District#4: Newport Shores 20.42 Specific Plan District#5: Mariner's Mile 20.43 Specific Plan District#6: Cannery Village/McFadden Square 20.44 Specific Plan District#7: Santa Ana Heights (Reserved) 20.45 Specific Plan District#8: Central Balboa 20.46 Specific Plan District#9: Old Newport Boulevard 20.47 Specific Plan District#10: Corona del Mar(Reserved) S PART II: BASE ZONING DISTRICTS Chapters: 20.10 Residential Districts 20.15 Commercial Districts 20.20 Industrial Districts 20.25 GEIF District 20.30 OS Districts 20.35 Planned Community District 20.40 Specific Plan District 20.41 Specific Plan District#4: Newport Shores 20.42 Specific Plan District#5: Mariner's Mile 20.43 Specific Plan District#6: Cannery Village/McFadden Square 20.44 Specific Plan District#7: Santa Ana Heights (Reserved) 20.45 Specific Plan District#8: Central Balboa 20.46 Specific Plan District#9: Old Newport Boulevard 20.47 Specific Plan District#10: Corona del Mar(Reserved) • Page 20.10-1 Residential Districts CHAPTER 20.10 RESIDENTIAL DISTRICTS Sections: 20.10.010 Specific Purposes 20.10.020 Residential Districts:Land Use Regulations 20.10.030 Residential Districts:Property Development Regulations 20.10.040 Special Development Regulations for Corona del Mar,West Newport, and the Balboa Peninsula 20.10.010 Specific Purposes Residential district regulations are intended to: A. Locate residential development in areas which are consistent with the General Plan and with standards of public health and safety established by the Municipal Code. B. Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects. C. Promote development of quality housing affordable by low-and moderate-income households by providing a density bonus for projects in which a portion ofthe units are affordable for such households. D. Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazards. E. Protect adjoining single-family residential districts from excessive loss of sun,light, quiet, and privacy resulting from proximity to multi-family development. F. Achieve design compatibility with surrounding neighborhoods. G. Provide sites for public and semipublic land uses which complement residential development or which require a residential environment. H. Provide public services and facilities to accommodate planned population and densities. 10/27/04 Page 20.10.2 Residential Districts The specific residential districts and their purposes are as follows: Residential-Agricultural (R-A) District. Provides areas for single-family residential and light farming uses. Single-Family Residential (R-1) District, This is the City's most restrictive residential zoning district, established to provide for a stable, social neighborhood for single-family residential land uses by limiting occupancy to one family. Restricted Two Family Residential(R-1.5)District. Provides areas for single-family and two family residential land uses with the total gross floor area of all buildings limited to a maximum floor area ratio of 1.5 times the buildable area. Two Family Residential (R-2)District. Provides areas for single-family and two family residential land uses. Multifamily,Residential (MFR)District, Provides areas for single-family,two-family,and multiple family residential land uses. 20.10.020 Residential Districts:Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts,and includes special requirements,if any,applicable ' to specific uses.The letter"P"designates use classifications permitted in residential districts.The letter 'V designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit,as provided in Chapter 20.91.The letters"PD/U"designate use classifications permitted on approval of a use ,permit issued by the Planning Director, as provided in Chapter 20.91.The letters "PAV designate use classifications which are permitted when located on the site of another permitted use,but which require a use permit when located on the site of a conditional use. The letters FEP designate use classifications for which a Federal Exception Permit must first be obtained pursuant to Chapter 20.91.Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading,referenced regulations shall apply to all use classifications under the heading. 10/27M 40 __Page20.10-3 Residential Districts Residential Districts: Land Use Regulations P =Permitted UP=Use permit PDN=Use permit issued by the Planning Director FEP=Federal Exemption Permit L = Limited(see Additional Use Regulations) —-Not Permitted ' R-A R-1 R-1.5 R-2 MFR Additional Regulations RESIDENTIAL (A),(B),(C) DAY CARE,LIMITED P P P P P GROUP RESIDENTIAL --- --- --- RESIDENTIAL CARE,LIMITED P P P P P SINGLE FAMILY RESIDENTIAL P P P P P (D),(E), (M) MULTI-FAMILY RESIDENTIAL --- --- --- --- P (D) TWO-FAMILY RESIDENTIAL --- --- P P P (D) PUBLICAND SEMI-PUBLIC (A),(B),(C) CEMETERIES --- L-I L-I L-1 L-1 CLUBS AND LODGES L-2 L-2 L-2 L-2 CONVALESCENT FACILITIES UP UP UP UP DAY CARE,GENERAL UP UP UP UP GOVERNMENT OFFICES --- UP UP UP UP HOSPITALS --- UP UP UP UP PARK&RECREATION FACILITIES UP UP UP UP UP PUBLIC SAFETY FACILITIES UP UP UP UP UP RELIGIOUS ASSEMBLY UP UP UP UP UP RESIDENTIAL CARE,GENERAL --- --- FEP FEP PEP SCHOOLS,PUBLIC AND PRIVATE UP UP UP UP UP UTILITIES,MAJOR UP UP UP UP UP UTILITIES,MINOR P P P P P COMMERCIAL USES (A),(B),(C) HORTICULTURE,LIMITED P --- --- --- --- NURSERIES PD/U --- --- --- --- VEHICLEMQUIPMENT SALES AND SERVICES -COMMERCIAL PARKING FACILITY L-3 L-3 L-3 L-3 VISITOR ACCOMMODATIONS -BED&BREAKFAST INNS --- --- --- UP UP (F) -SRO RESIDENTIAL HOTELS --- --- --- --- UP lom/oa Page 20.10.4 Residential Districts Residential Districts: Land Use Regulations P =Permitted UP'=Use permit PD/U=Use permit issued by 0o Planning Director FEP =Federal Exemption Permit L =Limited(see Additional Use Regulations) —=Not Permitted R-A R-1 R-1.5 R-2 MFR Additional Regulations AGRICULTURAL AND EXTRACTIYE USES (A),(B),(C) ANIMAL HUSBANDRY PD/U -- -- (G) CROP PRODUCTION P -- »• -- MINING AND PROCESSING L-4 L 4 L-4 L4 L4 (H) ACCESSORY USES (A),(B),(C) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP PIUP P/UP (1) TEMPORARY USES (A),(B),(C) CIRCUSES AND CARNIVALS P P P P P (K) COMMERCIAL FILMING,LIMITED P P P P P (K) PERSONAL PROPERTY SALES P P P P P (L) HELIPORTS,TEMPORARY L-5 L-5 REAL ESTATE OFFICES,TEMPORARY L-5 L-5 L-5 L-5 L-5 (B) Residential DistrictstAdditional Land Use Regulations L-1 20 acres minimum. L-2 Limited to yacht clubs,use permit required. L-3 Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L4 See Chapter 20.81:Oil Wells. L-5 Subject to the approval of the Planning Director. (A) See Section 20.60.025:Relocatable Buildings. (B) See Section 20.60.015:Temporary Structures and Uses. (C) See Section 20.60.050, Outdoor Lighting. 10/21/04 00 Page 20.10-5 Residential Districts i (D) With the exception of uses in the R-1 Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: 1. A Business License pursuant to Chapter 5.04 of the Municipal Code. 2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 ofthe Municipal Code. 3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code. (E) See Chapter 20.85:Accessory Dwelling Units. (F) See Section 20.60.110:Bed and Breakfast Inns. (G) Keeping of Animals in the R-A District. The following regulations shall apply to the keeping of animals in the R-A District: 1. Large Animals. The keeping of large animals (as defined in Section 20.030.030) shall be subject to the following regulations: • a. Horses. One horse may be kept for each 10,000 square feet of lot area,up to a maximum of 3 horses,provided the horse or horses are kept for recreational purposes only. The keeping of 4 or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other Large Animals. Other large animals,including goats,sheep,pigs and cows,may be kept on lots of 15,000 square feet or more and the number shall not exceed 2 adult animals of any one species. C. Total Number Permitted. The total number of large animals shall not exceed 6. Offspring are exempt until such time as they are weaned. 2. Domestic and Exotic Animals. The number of domestic and exotic animals (as defined in Section 20.03.030)shall not exceed 6. Offspring are exempt up to the age of 3 months. The keeping of 4 or more dogs over the age of three 3 months shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. tomioa Page 20.10-6 Residential Districts 3. Small Animals. The number of small animals, other than domestic and exotic __ animals(as defined in Section 20.03.030),shall not exceed 6. Offspring are exempt up to the age of 3 months. 4. Control. a. Domestic Animals. No such animals,except for cats, shall be permitted to run at large,but shall be confined,at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal,other than domestic animals,shall be permitted to run at large,but shall be confined,at all times within a suitable enclosure. (H) See Chapter 20.81: Oil Wells. (1) See Section 20.60.100:Home Occupations in Residential Districts. (J) See Section 20.60.055:Heliports and Helistops (K) Special event permit required, see Chapter 5.10 of the Municipal Code. (L) See Section 20.60.120:Personal Property Sales in Residential Districts. (M) See Section 20.60.125: Design Standards for Mobile Homes on Individual Lots. r` 20.10.030 Residential Districts:Property Development Regulations The following schedule prescribes development regulations for residential districts. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations"column reference regulations following the schedule or located elsewhere in this code, Residential Districts: Property Development Regulations R-A R-1 R-1.5 R-2 MFR Additional Regulations Minimum Site Area per — --- 1,000 1,000 1,200(A),(B) Unit(sq.ft.) Minimum Lot Area(sq.ft.) 87,120 5,000 5,000 5,000 5,000(A) -Comer Lots(sq.ft.) 87,120 6,000 5,000 6,000 6,000(A) Minimum Lot width(ft.) 125 50 50 50(A) -Comer Lots(ft.) 125 60 --- 60 60(A) 10427104 Page 20.10-7 Residential Districts is Residential Districts: Property Development Regulations R-A R-1 R-1.5 R-2 MFR Additional Regulations Minimum Yards: Front(ft.) 20 20 20 20 20 (C),(D),(E),(F),(H),(K) Side(ft.) 5 3;4 3;4 3;4 3;4 (C),(D),(E),(G),(H) Corner Side(ft.) 5 3;4 3;4 3;4 3;4 (C),(D),(E),(G);(H) Rear(ft.) 5;25 10 10 10 10 (C),(D),(E),(H),(Q) -Abutting an alley(ft.) (1) Distance Between Detached Buildings (.1) Maximum Height(ft.) (K),(L) Maximum Floor Area Limit --- 2.00 1.50 2.00 1.75 (K),(M) Maximum Coverage 40% (N) Required Open Space (K),(0) Off-Street Parking and Loading (P) Residential Districts:Additional Property Development Regulations (A) See Chapter 19.68 in Title 19:Merger of Contiguous Lots. (B) See Section 20.60.045: Slopes and Submerged Lands. (C) See Section 20.60.030:Extensions Into Yards. (D) See Section 20.60.020:Accessory Structures and Mechanical Equipment. (E) For All Property Development Regulations: In addition to the lot area, width, and other requirements set forth preceding,subdivisions shall comply with the provisions of Title 19 (Subdivision Code), as amended. (F) R-1,R-1.5,R-2,and NOR Districts. The minimum depth 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. torz7ioa Page 20.10-8 Residential Districts (G) R-1. R-1.5. and R-2. Districts. Each side yard shall be not less than 3 feet wide on development sites 40 feet wide or less,or 4 feet on lots wider than 40 feet;provided,that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage,shall not be less than the front yard required or existing on the adjacent reversed frontage. MFR District. Each side yard shall notbe less than 3 feet wide on sites 40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet;and shall be equal in width to 8 percent of the average lot width for lots 50 feet or greater in width;provided that in no event shall a side yard wider than 25 feet be required;and provided further that the side yard on the rear 20 feet of the street side of a corner lot,where there is reversed frontage,shall not be less than the front yard required or existing on the adjacent reversed frontage. Street �No mal Comer Side Yard setback root Yard SeWeck Un t'7t'F __P---- --- ------ - Reversed Corner Lo 0 Interior Lot c I. M Q M Diagram 20.10,030(G): Setbacks on Reversed Frontages (Ii) R-A District. All structures housing animals (i.e.,corrals, stalls,pens, cages, doghouses) shall maintain the following setbacks: From Another From Properties In From Public R-A District Other Zoning Rights-of-Way Property Districts Front 50 --- Side 20 5 25 Rear 20 5 25 In addition to the setbacks established above,all structures housing animals shall be located a minimum of 35 feet from any building used as a dwelling on adjacent properties. All animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, show grounds)may be located at the property line,however,shall maintain a 25 foot setback from taztroa Page 20.10-9 Residential Districts the front property line abutting a public right-of-way and a 10 foot setback from any side property line abutting a public right-of-way. (I) In residential districts having alleys to the rear of lots or development sites shall maintain the following setbacks from rear property line, clear of all obstructions, except as provided in Section 20.60.030 (A-6)and Section 20.60.030(1): Alley Width Setback 15' or less 5' 15'-1" to 19'-11" 3'-9" 20'or more 0' Roll-up garage doors shall be required when garage door openings are located closer than 22 feet to alleys with widths of 20 feet or more. (J) R-1.5 R-2, and MFR Districts. 10 feet shall be maintained between buildings. This requirement shall not apply to buildings attached by a solid roof structure,a minimum of 4 feet wide. (K) R 1 R 2 and MFR Districts in Corona del Mar and R-1 District in West Newport,and the Balboa Peninsula. See Section 20.10.040:Special Development Regulations for Corona del Mar,West Newport, and the Balboa Peninsula. (L) See Chapter 20.65: Height Limits. (M) R-1,R-1.5,and R-2 Districts. The total gross floor area in all buildings and structures on a development site shall not exceed the following: R-1 District: 2 times the buildable area of the site. R-1.5 District: 1.5 times the buildable area of the site. R-2 District: 2 times the buildable area of the site. Exceptions. The following structures shall not be included in the calculation ofthe gross floor area: 1. Covered parking spaces which are open on at least 2 sides, or open on one side and one end and which are not needed to meet off-street parking requirements for covered parking. 2. R-1.5 District. 200 square feet of floor area used for enclosed parking for two or more parking spaces. 10/27/04 Page 20.10-10 Residential Districts 3. 25 square feet of storage area adjacent to or a part of a parking space on a lot less than 32 feet wide;provided that no plumbing is located in said area,and provided that 3 parking spaces are provided side by side across one end of the lot. 4. Decks,balconies or patios open on at least 2 sides or open on one side and uncovered. MFR District. The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area ofthe site;provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. Calculation.The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls,stairways,service and mechanical equipment rooms,and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non-habitable rooms and spaces of a building, with the exception of bath or toilet rooms,connecting corridors,foyers,and stairwells,that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. Ana considered to be a second tbor and the tloorer"wAl be calculated towinds the medmum door arse MmP. •r PL Living Roan Mtchen (Habitable) (Habitable) (NmHe able) (1) R-1.R-1.5.R-2.and MFR Districts.The maximum development site area permitted shall be full coverage,less required front, side and rear yards. (0) R-2 District. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot,times the basic height limit,times 6 feet and may be provided anywhere on the lot behind the required setback lines. This open space shall be open on at least2 sides and shall have a minimum dimension in all directions of at lasrroa Page 20.10-11 Residential Districts least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume ofopen space,provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. Roofs,balconies,decks,patios, cornices,exterior stairways with open risers and open railings,and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. MFR District. An open space volume equal to 6 times the buildable area of the lot shall be provided in addition to any required setbacks.This open space shall be open on at least 2 sides, one of which may be the sky. Roofs, balconies, decks, patios, cornices, exterior stairways, and architectural features may project into this area. At least 50 percent of the required open space shall be open to the sky and open on at least 2 additional sides,except for eaves and architectural features which may project into areas otherwise open to the sky. Required open space shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section,and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. A minimum of 25 percent of the required open space shall be contiguous to the required front yard setback,and a minimum of25 percent ofthe required open space shall be • contiguous to the required rear yard setback. (P) See Chapter 20.66:Off-Street Parking and Loading. (Q) R-1,R-1.5,R-2,and MFR Districts. The minimum depth required for rear yards abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel ofthe Santa River(the Oxbow Loop),or the channels of West Newport shall be 10 feet,except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the rear property line, unless a different line is shown on the Districting Map. 20.10.040 Special Development Regulations for Corona del Mar,West Newport,and the Balboa Peninsula A. Applicability. The residential development standards contained in this section shall apply to all dwellings located in the R-1 and R-2 Districts in Corona del Mar,and in the R-1 District in West Newport and the Balboa Peninsula as those areas are more particularly described below. Dwellings in those areas shall also be subject to all other provisions of this code. Where there is a conflict between this chapter and another provision of this code,the provisions of this chapter shall be controlling. � tonvoa Page 20.10-12 Residential Districts 1. 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 OrdinanceNo.252 of the City ofNewport Beach,approved on February 27,1924. 2. The areas of West Newport and the Balboa Peninsula in which the provisions ofthis 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 Semcniuk Slough,Pacific Coast Highway,the West Lido Channel,the Newport Channel,theMafn Channel,the Harbor Entrance,the Pacific Ocean and the Santa Ana River,and more specifically described as follows: Beginning at the Intersection of the westerly boundary 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 1 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 ofNewport Boulevard;thence southerly along said centerline ofNewport 1oulevard to an Intersection with the southerly Bulkhead of the Newport Island Channel,said point being westerly of U.S.Bulkhead Station #126 on the U.S.Bulkhead Line;thence easterly to said U.S.Bulkhead Station #126;thence continuing along the U.S.Bulkhead Line to U.S.Bulkhead Station #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. Bulkhead Station #107; thence continuing southerly along the prolongation ofthe U.S.Bulkhead Lineto an intersection with the Mean High Tide Line;thence westerly and northwesterly along said MeanHigh Tide Line to the point of Beginning. B. Floor Area Limit 1. In the R-1,R-2,and MFR Districts in the area designated as Old Corona del Mar, the total gross floor area (excluding those structures excepted under Section 20.10.030)shall not exceed 1.5 times the buildable area of the site. 2. Calculation.The gross floor area shall consist ofthe total enclosed area ofall floors ofa building measured to the outside face ofthe structural members in exterior walls, and including halls, stairways, service and mechanical equipmentrooms,and basement or attic areas having a height ofmore than 7 feet. Internal shafts,such as elevator shafts,dumbwaiter shafts,ventilation shafts,and similar vertical shafts shall be counted as floor area on one floor ron7roa Page 20.10-13 Residential Districts ilevel only. Non-habitable rooms and spaces of a building,with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. 3. Pacific Drive-Buildable Area. For purposes of determining the buildable area for structures located on the bluff(southerly) side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue, a front yard setback of 10 feet shall be used (the setback for the location of all structures as designated on the Districting Maps shall be used). C. Open Space Option. In the R-1 and R-2 Districts as designated in this section,open space shall be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot,times the basic height limit,times 6 feet and may be provided anywhere on the lot behind thesequired yard setback lines. This open space shall be open on at least 2 sides and shall have aminimum dimension in any direction of at least 6 feet,except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required • volume of open space,provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in any direction. Roofs,balconies,decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. D. Pacific Drive—Front Yard Setback. Front-loaded garages and carports on the bluff southerly side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue shall maintain a minimum front yard setback of 19 feet from the front property line. torzvoa Page 20.15-1 Commercial Districts CHAPTER 20.15 COMMERCIAL DISTRICTS Sections: 20.15.010 Specific Purposes 20.15.020 Commercial Districts: Land Use Regulations 20.15.030 Commercial Districts: Property Development Regulations 20.15.040 Review of Plans 20.15.010 Specific Purposes The commercial districts regulations are intended to: A. Locate commercial development in areas which are consistent with the General Plan and provide office, retail commercial, and service commercial uses needed by residents of, and visitors to,the City and region. B. Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities. C. Create suitable environments for commercial uses consistent with the General Plan and protect them from the adverse effects of inharmonious uses. D. Minimize the impact of commercial development on adjacent residential districts. E. Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located. F. Ensure the provision of adequate off-street parking and loading facilities. G. Provide sites for public and semipublic uses needed to complement commercial development or compatible with a commercial environment. Specific commercial districts are as follows: Retail and Service Commercial (RSC) District. Provides areas which are predominantly retail in character but which allow some service office uses. Recreational and Marine Commercial (RMC) District. Preserves and encourages uses with a marine commercial and visitor serving orientation in waterfront areas. 11/20/01 Page 20.15-2 Commercial Districts Administrative, Professional, and Financial (APF) District. Provides areas which are predominantly offices,but which also accommodate support-retail and service uses. 20.15.020 Commercial Districts: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in commercial districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in commercial districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Commercial Districts: Land Use Regulations UP - Use permit PDIU d Use permit issued by the Planning Director L - Limited(see Additional Use Regulations) - m Not Permitted RSC APF RMC Additional Regulations RESIDENTIAL (A),(B),(C),(D) DAY CARE,LIMITED P P P PUBLICAND SEMI-PUBLIC (A),(B),(C),(D) CLUBS AND LODGES UP UP UP (P) -YACHT CLUB UP UP UP (E),(F),(P) CONVALESCENT FACILITIES -- PDIU ._ CULTURAL INSTITUTIONS UP UP UP (P) DAY CARE,GENERAL P L-1 L-3 EMERGENCY HEALTH CARE _.. P GOVERNMENT OFFICES P P HELIPORTS UP UP UP (G) MARINAS P P P (E),(F) PARK AND RECREATION FACILITIES P P P PUBLIC SAFETY FACILITIES UP UP UP RELIGIOUS ASSEMBLY L-11 L-11 -- 1120101 Page 20.15-3 Commercial Districts Commercial Districts: Land Use Regulations P = Permitted UP = Use permit PD/U=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) -- = Not Permitted RSC APF RMC Additional Regulations RESIDENTIAL CARE,GENERAL UP UP --- SCHOOLS,PUBLIC AND PRIVATE --- UP UTILITIES, MAJOR UP UP UP UTILITIES, MINOR P P P COMMERCIAL USES (A),(B),(C),(D) ADULT-ORIENTED BUSINESSES P --- P (H),(1) AMBULANCE SERVICES L-4 --- ANIMAL SALES AND SERVICES -ANIMAL GROOMING PD/U PD/U --- -ANIMAL HOSPITALS UP UP --- -ANIMAL RETAIL SALES PD/U --- --- ARTISTS'STUDIOS P P P (I) BANKS/SAVINGS AND LOANS P P L-3 -WITH DRIVE-THROUGH(DRIVE UP SERVICE UP UP L-3 BUILDING MATERIALS AND SERVICES P --- --- CATERING SERVICES P P P COMMERCIAL FILMING UP UP UP (I) COMMERCIAL RECREATION AND ENTERTAINMENT UP UP UP (I),(P) COMMUNICATION FACILITIES P P L-3 EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE,HIGH TURNOVER UP UP UP (I),(J),(P) -FULL SERVICE,LOW TURNOVER UP UP UP (1),(J),(P) -FULL SERVICE,SMALL SCALE PD/U PD/U PD/U (I),(J),(P) -TAKE-OUT SERVICE UP UP UP (I),(J),(P) -TAKE-OUT SERVICE,LIMITED PD/U PD/U PD/U (I),(J),(P) -ACCESSORY P P P (I),(J),(P) -BARS AND COCKTAIL LOUNGES UP UP UP (1),(J),(P) FOOD AND BEVERAGE SALES P --- --- (P) -CONVENIENCE MARKETS P L-I P (P) FUNERAL AND INTERNMENT SERVICES UP UP L-3 LABORATORIES P P L-3 MAINTENANCE AND REPAIR SERVICES P P L-3 (D) MARINE SALES AND SERVICES , - �' -BOAT CHARTER,RENTAL,AND SALES UP — UP (D),(E),(F) 11/20/01 Page 20.15-4 Commercial Districts Commercial Districts: Land Use Regulations P - Permitted UP - Use permit PD/U-Use permit issued by the Planning Director L - Limited(see Additional Use Regulations) = Not Permitted RSC APF RMC Additional Regulations -BOAT STORAGE --- --- p (D),(E),(F) -BOAT YARDS --- --- L-6 (D),(E),(F) -MARINE SERVICE STATION PD/U ... PD/U (E),(F) RETAILMARINE SALES P L-1 P (E),(F) NURSERIES p OFFICES,BUSINESS AND PROFESSIONAL P P L-3 PAWN SHOPS p _. --. (1) PERSONAL IMPROVEMENT SERVICES PD/V PD/U PD/U (1) -HEALTH/FITNESS CLUBS PD/U PD/U PD/U PERSONAL SERVICES P L-1 L-3 -DRY CLEANERS P L-1 L-3 -DRY CLEANERS(COLLECTION ONLY) P L-1 L-3 -FORTUNE TELLING P P L-3 -MASSAGE ESTABLISHMENTS L-7 L-7 L-8 -SELF SERVICE LAUNDRIES p L-3 POSTAL SERVICES p P L-3 PRINTING AND DUPLICATING SERVICES P p L-3 RESEARCH AND DEVELOPMENT SERVICES P p P RETAIL SALES P L-1 L-9 -LIMITED P L-1 L-9 -PHARMACIES AND MEDICAL SUPPLIES P L-1 L-3 SECOND HAND APPLIANCES/CLOTHING L-5 L-5 L-5 (1) SWAP MEETS,RECURRING UP ... TRAVEL SERVICES p p L-3 VEHICLE/EQUIPMENT SALES AND SERVICES -AUTOMOBILE WAS14ING Up L-12 L-12 -COMMERCIAL PARKING FACILITY PD/U PD/U PD/U -SERVICE STATIONS UP UP UP (K),(P) -VEHICLE/EQUIPMENT REPAIR Up L-12 -VEHICLE/EQUIP RENTALS(OFFICE ONLY) P P L-2 -VEHICLE/EQUIPMENT RENTALS UP L-12 L-3 -VEHICLE/EQUIPMENT SALES UP L-12 ... -LIMITED PD/U ' L-12 -VEHICLE STORAGE L-12 L-12 unorot Page 20.15-5 Commercial Districts Commercial Districts: Land Use Regulations P = Permitted UP = Use permit PD/U=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) -- = Not Permitted RSC APF RMC Additional Regulations VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U PD/U PD/U -HOTELS,MOTELS AND TIME-SHARES UP UP UP (0) -RV PARKS UP --- UP -SRO RESIDENTIAL HOTELS UP UP --- WAREHOUSING AND STORAGE,LIMITED — UP -- (L) WAREHOUSING AND STORAGE,SELF SERVICE --- UP --- (L) INDUSTRIAL (A),(B),(C),(D) INDUSTRY,CUSTOM -LIMITED UP INDUSTRY,LIMITED -SMALL-SCALE UP --- --- INDUSTRY,MARINE-RELATED UP (E) STORAGE AND DISTRIBUTION --- PD/U — (L) AGRICULTURAL AND EXTRACTIVE USES (A),(B),(C) MINING AND PROCESSING L-10 L-10 L-10 (M) ACCESSORY USES (A),(B),(C) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP TEMPORARY USES (A),(B),(C) ANIMAL SHOWS P P P (I) CHRISTMAS TREE/PUMPKIN SALES L-5 L-5 L-5 (B) CIRCUSES AND CARNIVALS P P P (I) COMMERCIAL FILMING,LIMITED P P P (N) FAIRS AND FESTIVALS P P P (I) HELIPORTS,TEMPORARY L-5 L-5 L-5 (G) OUTDOOR STORAGE&DISPLAY,TEMPORARY P --- P (D) REAL ESTATE OFFICES,TEMPORARY L-5 L-5 L-5 (B) RECREATION AND ENTERTAINMENT EVENTS P P P (N) TRADE FAIRS P P P (N) unoiot Page 20.15-6 Commercial Districts Commercial Districts: Additional Land Use Regulations L-1 Permitted as an accessory use and may be permitted as an ancillary use on a property separate from the principal use upon the finding by the Planning Director that the use remains subordinate to and serve the principal use pursuant to the definition contained in Chapter 20.03. L-2 Permitted when in conjunction with an incentive use under the provisions Section 20.60.080: Marine Incentive Uses, L-3 Permitted with a use permit when in conjunction with an incentive use under the provisions of this Section 20.60.080: Marine Incentive Uses. L4 Use permit required if located within 1,000 feet of a R district or the boundaries of a site occupied by a Public or Private School or Park and Recreation Facility. Conditions may be imposed in approving such a permit to limit vehicle speeds and sirens. L-5 Subject to the approval of the Planning Director. L-6 Boat haul-out, boat repair, and dry boat storage permitted;boat building permitted with a use permit. L-7 See Chapter 20.87:Massage Establishments. L-8 See Chapter 20.87: Massage Establishments; permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L-9 Hardware stores, shoe stores, specialty shops, and general retail sales permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L-10 Limited to the removal of earthen material. No permit shall be required for -normal grading or landscaping on lots of record. L-11 Limited to facilities occupying less than 5,000 square feet;use permit required. L-12 Permitted as an ancillary use with a use permit. (A) See Section 20.60.025:Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. W20R11 Page 20.15-7 Commercial Districts • (D) See Section 20.60.105: Outdoor Storage &Display (E) See Section 20.60.080:Marine Incentive Uses. (F) See Section 20.60.070: Waterfront Development Regulations. (G) See Section 20.60.055: Heliports and Helistops (H) See Chapter 20.88: Adult-Oriented Businesses. (I) See Section 20.60.085: Uses Requiring City Manager Approval. (J) See Chapter 20.82: Eating and Drinking Establishments. (K) See Chapter 20.80: Automobile Service Stations. (L) Limited to areas specifically permitted by the General Plan. (M) See Chapter 20.81: Oil Wells. (N) Special event permit required, see Chapter 5.10 of the Municipal Code. (0) See Chapter 20.84: Time Share Developments. (P) See Chapter 20.89: Alcoholic Beverage Outlets. 20.15.030 Commercial Districts: Property Development Regulations The following schedule prescribes development regulations for commercial districts. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Commercial Districts: Property Development Regulations RSC APF RMC Additional Regulations (A),(1) Minimum Lot Area(sq.ft.) 2,000 2,000 2,000 (B),(C) -Corner Lots(sq.ft.) Minimum Lot Width(ft.) 25 25 25 (B) -Comer Lots(ft.) 11/20/01 Page 20.15-8 Commercial Districts Commercial Districts: Property Development Regulations RSC APF RMC Additional Regulations • Minimum Yards: Front(ft.) --- 15 (C),(D),(E) Side(ft) ... ... (C),(D),(F) -Abutting an R District(ft.) - 5 5 5 (C),(D),(F) Rear(ft.) .-- --- ... (C),(D) -Abutting an RDistrict(ft.) 5 5 5 (C),(D) -Abutting an alley(ft.) 10 10 10 (C),(D) Bulkhead Setback 10 10 10 Maximum Height(ft.) (F) Maximum Floor Area Limit (0) Off-Street Parking and Loading (H) Commercial Districts: Additional Property Development Regulations (A) See Section 20.60.060:Plans and Drawings for Commercial and Industrial Districts. (B) See Chapter 19.68 in Title 19:Merger of Contiguous Lots. (C) See Section 20.60.065:Residential Uses in Commercial and Industrial Districts. (D) See Section 20.60.030: Extensions Into Yards. (E) APF District. A 15 foot front yard setback shall be maintained on all property located in the APF District,except where otherwise specified on the Districting Maps. (F) See Chapter 20.65: Height Limits. (G) See Chapter 20.63: Floor Area Ratios and Building Bulk. (H) See Chapter 20.66: Off-Street Parking and Loading. (I) For All Property Development Regulations: In addition to the lot area, width, and other requirements set forth preceding, subdivisions shall comply with the provisions of Title 19 (Subdivision Code), as amended. 40 unoiol Page 20.15-9 Commercial Districts .' 20.15.040 Review of Plans See Section 20.60.060: Plans and Drawings for Commercial and Industrial Districts. • 1 tnoiol Page 20.20-1 Industrial Districts . CHAPTER 2016 INDUSTRIAL DISTRICTS Sections: 20.20.010 Specific Purposes 20.20.020 Industrial Districts: Land Use Regulations 20.20.030 Industrial Districts: Property Development Regulations 20.20.040 Review of Plans 20.20.010 Specific Purposes The industrial districts regulations are intended to: A. Locate industrial development in areas consistent with the General Plan and provide a broad range of manufacturing and service uses. B. Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities. • C. Provide a suitable environment for various types of industrial uses, and protect them from the adverse impacts of inharmonious uses. D. Ensure that the appearance and effects of industrial uses are compatible with the character of the area in which they are located. E. Minimize the impact of industrial uses on adjacent residential districts. F. Ensure the provision of adequate off-street parking and loading facilities. The additional purposes of each industrial district are as follows: Manufacturing (M-1)District. The M-1 District provides areas for a full range of manufacturing, industrial processing, and distribution and storage uses. Controlled Manufacturing (M-1-A) District. The M-1-A District provides areas for a wide range of moderate to low intensity industrial uses and limited accessory and ancillary commercial and office uses. Industrial Business Park (IBP) District: The IBP District provides areas for a wide range of moderate to low intensity industrial uses and commercial uses which support industrial uses, . llrzoiot Mod--- Page 20.20-2 Industrial.Districts require large outdoor or indoor spaces, or which have characteristics which are not suitable for standard commercial districts. 20.20.020 Industrial Districts: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in industrial districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in industrial districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PDIU" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91.The letters TIUP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Industrial Districts: Land Use Regulations UP - Use Permit PD/U=Use pertnit issued by the Planning Director Is L m Limited(see Additional Use Regulations) — -Not Permitted M-1 M-1-A 1BP Additional Regulations .RESIDENTIAL (A),(B),(C) SINGLE FAMILY RESIDENTIAL L•I --- PUBLICAND SEMI-PUBLIC (A),(B),(C) CEMETERIES L-2 L-2 - - CLUBS AND LODGES L-3 L-3 - - (I) CONVALESCENT FACILITIES UP UP ... DAY CARE,GENERAL -- UP PD/U EMERGENCY HEALTH CARE --- P GOVERNMENT OFFICES UP UP L4 HELIPORTS UP UP UP (D) HOSPITALS UP UP MAINTENANCE AND SERVICE FACILITIES P P P MARINAS UP -- (E) PARK AND RECREATION FACILITIES UP UP L•4 1120101 Page 20.20-3 Industrial Districts • Industrial Districts: Land Use Regulations P = Permitted UP = Use Permit PD/U=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) -•• = Not Permitted M-1 M-1-A IBP Additional Regulations PUBLIC SAFETY FACILITIES UP UP PD/U RELIGIOUS ASSEMBLY UP UP --- RESIDENTIAL CARE,GENERAL UP UP --- SCHOOLS,PUBLIC AND PRIVATE UP UP --- UTILITIES,MAJOR UP UP UP UTILITIES,MINOR P P P COMMERCIAL USES (A),(B),(C) AMBULANCE SERVICES --- P P ANIMAL SALES AND SERVICES --- --- -ANIMAL BOARDING --- --- P -ANIMAL GROOMING --- --- P -ANIMAL HOSPITALS P P P -ANIMAL RETAIL SALES --- --- P ARTISTS'STUDIOS P P BANKS/SAVINGS AND LOANS --- P P -WITH DRIVE-THROUGH/DRIVE UP --- UP PD/U BUILDING MATERIALS AND SERVICES P UP P CATERING SERVICES --- P P COMMERCIAL FILMING UP UP P (F) COMMERCIAL RECREATION AND UP UP L-4 (F),(J) ENTERTAINMENT COMMUNICATION FACILITIES P P P EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE,HIGH TURNOVER --- --- UP (F),(G),(J) -FULL SERVICE,SMALL SCALE PD/U PD/U PD/U (F),(G),(J) -TAKE-OUT SERVICE UP UP UP (F),(G),(J) -TAKE-OUT SERVICE,LIMITED PD/U PD/U PD/U (F),(G),(J) -ACCESSORY P P P (F),(G),(J) FOOD AND BEVERAGE SALES --- L-4 L-4 (J) HORTICULTURE,LIMITED P P P LABORATORIES P P P MAINTENANCE AND REPAIR SERVICES P P P MARINE SALES AND SERVICES • 11/20/01 Page 20.20-4 Industrial Districts Industrial Districts: Land Use Regulations P - Pctmlttcd UP - Use Permit PD/U-Use permit issued by the Planning Director L - Limited(see Additional Use Reeulations) — -Not Permitted M-1 M 1-A IBp Additional Regulations -BOAT CHARTER,RENTALS AND SALES — —_ -BOAT STORAGE p PD/U (E) -BOAT YARDS P L-5 L-5 (E) -MARINE RETAIL SALES — P NURSERIES P P P OFFICES,BUSINESS AND PROFESSIONAL UP L-G L-4 PERSONAL IMPROVEMENT SERVICES L-7 L-7 L-4 PERSONAL SERVICES L-8 L-8 L4 -DRY CLEANERS PD/U PD/U PD/U POSTAL SERVICES p p p PRINTING AND DUPLICATING SERVICES P p p RESEARCH AND DEVELOPMENT SERVICES P P p RETAIL SALES Up --- L4 SECONDHAND APPLIANCES AND CLOTHING -- L-4 SALES SWAP MEETS,RECURRING --- -- PD/U TRAVEL SERVICES L-4 L-4 L4 VEHICLE/EQUIPMENT SALES AND SERVICES -AUTOMOBILE WASHING — -- PD/U -COMMERCIAL PARKING FACILITY -- P -SERVICE STATIONS UP UP PD/U (1),(K) -VEHICLEMQUIPMENT REPAIR p P P -VEHICLE/EQUIPMENT SALES AND L-14 L-14 P RETAILS -VEHICLE STORAGE UP UP PD/U WAREHOUSING AND STORAGE,LIMITED UP p UP WAREHOUSING AND STORAGE,SELF SERVICE UP UP UP 1NDUSTML (A),(B),(C) FOOD PROCESSING L-4 --- PD/U INDUSTRY,CUSTOM P L-10 L-10 INDUSTRY,GENERAL L-I1 --- -- INDUSTRY,LIMITED P L-10 p INDUSTRY,R&D p p P 11120/0/ Page 20.20-5 Industrial Districts Industrial Districts: Land Use Regulations P = Permitted UP = use Permit PD/U=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) — = Not Permitted , M-1 M-1-A IBP Additional Regulations STORAGE AND DISTRIBUTION --- --- PDRI (A),(13),(C) AGRICULTURAL AND EXTRACTIVE USES MINING AND PROCESSING L-12 L-12 L-12 (H) ACCESSORY USES (A),(B),(C) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP TEMPORARY USES (A),(B),(C) CIRCUSES AND CARNIVALS P P P (I) HELIPORTS,TEMPORARY L-13 L-13 L-13 (D) REAL ESTATE OFFICES,TEMPORARY L-13 L-13 L-13 (B) Industrial Districts: Additional Land Use Regulations L-1 Limited to residences for watchmen or custodians employed on site. One residence for an owner or owners of a development 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 and of the uses permitted with a use permit. L-2 20 acres minimum. L-3 Limited to yacht clubs. L-4 Permitted as an accessory use and may be permitted as an ancillary use on a property separate from the principal use upon the finding by the Planning Director that the use remains subordinate to and serve the principal use pursuant to the definition contained in Chapter 20.03. L-5 Permitted with a use permit when within a building. L-6 Use permit required for medical and dental offices. 0 L-7 Limited to business and trade schools. uaol01 Page 20.20.6 Industrial Districts L-8 Limited to beauty shops and barber shops. L-9 Use permit required for fish smoking, curing, and freezing. Fish canneries and/or reduction grinding and processing plants are prohibited. L-10 Use permit required for furniture manufacturing, assembling and construction of paper products with finished paper stock, garment manufacturing,the manufacture of novelties, toys and small appliances, and other uses which in the opinion of the Planning Commission are comparable and similar in character with the other uses requiring a use permit. L-11 Autowrecking, 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, foundries, tanneries, and all other uses which in the opinion of the Planning Commission are of similar nature or may be objectionable,are prohibited. L-12 Limited to the removal of earthen material. No permit shall be required for normal grading or landscaping on lots of record. Drilling for and/or removal of oil, gas, or other hydrocarbon materials are prohibited. L-13 Subject to the approval of the Planning Director. L-14 No new or used automobile,truck or motorcycle sales permitted. (A) See Section 20.60.025:Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) See Section 20.60.055: Heliports and Helistops (E) See Section 20.60.070: Waterfront Development Regulations. (F) See Section 20.60.085: Uses Requiring City Manager Approval. (G) See Chapter 20.82:Eating and Drinking Establishments. an010t Page 20.20-7 Industrial Districts • (11) See Chapter 20.81: Oil Wells. (1) Special event permit required, see Chapter 5.10 of the Municipal Code. (J) See Chapter 20.89: Alcoholic Beverage Outlets. (K) See Chapter 20.80: Service Stations. 20.20.030 Industrial Districts: Property Development Regulations The following schedule prescribes development regulations for industrial districts. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Industrial Districts: Property Development Regulations M-1 M-1-A IBP Additional Regulations (A),(Q) Minimum Lot Area(sq.ft.) --- 10,000 10,000 (B),(C) • Minimum Yards: Front(ft.) 15 15 (C), (D), (E), (F),(G) Side(ft.) - -- --- (C), (D), (F), (H) Rear(ft.) --- --- --- (C),(D),(F) Zone Separation --- (I) Maximum Height(ft.) (J) Maximum Floor Area Limit (K) Landscaping (L) Off-Street Parking and Loading (M) Performance Standards (N) Required Screening (0) (P) Ilnoiot Page 20.20-8 Industrial Districts Industrial Districts: Property Development Regulations M-1 M-1-A IBP Additional Regulations Street Right-of-Way Widths Industrial Districts: Additional Property Development Regulations (A) See Section 20.60.060.Plans and Drawings for Commercial and Industrial Districts. (13) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (C) See Section 20.60.065: Residential Uses in Commercial and Industrial Districts. (D) See Section 20.60.030:Extensions Into Yards. (E) M-1-A District. Where the frontage in a block is partially in a residential district the front yard shall be not less than that required in such residential district. (F) M-1-A District. A minimum setback of 15 feet from any street or highway property line shall be required. (G) M-1-A District. 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. (fi) M-1-A District. Development 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. (1) M-i-A District. 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. (J) See Chapter 20.65:Height Limits. (K) See Chapter 20.63: Floor Area Ratios and Building Bulk. (L) M-1-A and IBP Districts. Front and side yards 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 40 percent of this side yard area. (M) See Chapter 20.66: Off-Street Parking and Loading. 11/20/01 Page 20.20-9 Industrial Districts (1) M-1-A and IBP Districts. All manufacturing and fabrication operations shall be conducted within buildings. (0) M-1-A and IBP Districts. 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. (P) M-1-A District. All dedicated streets within or bordering this M-1-A District shall have a minimum right-of-way 60 feet in width. (Q) For All Property Development Regulations: In addition to the lot area, width, and other requirements set forth preceding, subdivisions shall comply with the provisions of Title 19 (Subdivision Code),as amended. 20.20.040 Review of Plans See Section 20.60.060: Plans and Drawings for Commercial and Industrial Districts. • 11/20/01 Page 20.25-1 GEIF District • CHAPTER 20.25 GOVERNMENT,EDUCATIONAL,AND INSTITUTIONAL FACILITIES DISTRICT Sections: 20.25.010 Specific Purposes 20.25.020 GEIF District: Land Use Regulations 20.25.030 GEIF District: Property Development Regulations 20.25.010 Specific Purposes The Government,Educational, and Institutional Facilities District regulations are intended to: A. Allow consideration of a large public or semipublic use separately from regulations for an underlying base zoning that may or may not be appropriate in combination with the public or semipublic use. B. Allow consideration of establishment or expansion of a large public or semipublic use at rezoning hearings rather than at use permit hearings only, and give notice to all of the extent of a site approved for a large public or semipublic use by • delineating it on the districting map. C. Allow the Planning Commission and City Council to consider the most appropriate use of a site following discontinuance of a large public or semipublic use without the encumbrance of a base zoning district that may or may not provide appropriate regulations for reuse of the site. 20.25.020 GEIF District: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in the GEIF District, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in the GEIF District. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where 07/25/01 Page 20.25-2 GEIF District letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. GEIF: Land Use Regulations P = Permitted UP = UsePcrmit PDN=Use permit Issued by the Planning Director L = Limited(see Additional UsmRegulalions) — =NotPcrmittcd GEIF Additional Regulations RESIDENTIAL (A),(B),(C),(D) GROUP RESIDENTIAL L-1 MULTI-FAMILY RESIDENTIAL L-2 PUBLICANDSEMI-PUBLIC (A),(B),(C),(D) CEMETERIES UP CLUBS AND LODGES P (H) CONVALESCENTFACILITIES UP CULTURAL INSTITUTIONS P (H) DAY CARE,GENERAL UP DETENTION FACILITIES UP GOVERNMENT OFFICES P HELIPORTS UP (E) HOSPITALS P PUBLIC SAFETY FACILITIES P RELIGIOUS ASSEMBLY P RESIDENTIAL CARE,GENERAL L-I SCHOOLS,PUBLIC AND PRIVATE P UTILITIES,MAJOR UP UTILITIES,MINOR P COMMERCIAL USES (A),(B),(C),(D) EATING AND DRINKING ESTABLISHMENTS -ACCESSORY P (F),(H) ACCESSORY USES (A),(B),(C),(D) ACCESSORY STRUCTURES AND USES P/UP TEMPORARY USES (A),(B),(C),(D) ANIMAL SHOWS P (G) CIRCUSES AND CARNIVALS P (G) COMMERCIAL FILMING,LIMITED P (G) o7nsiol Page 20.25-3 GEIF District • GEIF: Land Use Regulations P = Permitted UP = Use Permit PD/U=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) — = Not Permitted GEIF Additional Regulations FAIRS AND FESTIVALS P (G) HELIPORTS,TEMPORARY P (G) REAL ESTATE OFFICES,TEMPORARY P (G) RECREATION AND ENTERTAINMENT EVENTS P (G) RELIGIOUS ASSEMBLY P (G) TRADE SHOWS P (G) GEIF District: Additional Land Use Regulations L-1 Permitted with a use permit as an accessory use in a educational or medical institution (occupying less than 25 percent of the gross floor area). L-2 Use permit required; limited to senior citizen housing consistent with the California Fair . Employment and Housing Act and California Civil Code Sections 51.2, 51.3 and 51.4. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) Approval of a use permit in accordance with the provisions of Chapter 20.91 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. (E) See Section 20.60.055:Heliports and Helistops. (F) See Chapter 20.82: Eating and Drinking Establishments. (G) Special event permit required, see Chapter 5.10 of the Municipal Code. • (H) See Chapter 20.89: Alcoholic Beverage Outlets. o7asrol Page 20.25-4 GEIF District 20.25.030 GEIF District: Property Development Regulations Minimum Yards: Front(ft.) Side(ft.) Minimum yards to be established by use permit. Rear(ft.) Maximum Height(ft.) See Chapter 20.65:Height Limits. Maximum Floor Area Limit As established on the Districting Maps. Off-Street Parking and See Chapter 20,66: Off-Street Parking and Loading Loading. 07n5rot Page 20.30-1 Open Space Districts • CHAPTER 20.30 OPEN SPACE DISTRICTS Sections: 20.30.010 Specific Purposes 20.30.020 Open Space Districts: Land Use Regulations 20.30.030 Open Space Districts: Property Development Regulations 20.30.010 Specific Purposes The open space districts regulations are intended to: A. Provide suitable locations for large public or private sites permanently designated for park or open space use. B. Protect public health and safety by limiting lands subject to flooding, landslides or other hazards to open space uses. C. Allow the Planning Commission and City Council to consider the most • appropriate use of a site following discontinuance of a large public or private open space use without the encumbrance of a base zoning district that may or may not provide appropriate regulations for development of the site The additional purposes of each open space district are as follows: Open Space-Active (OS-A) District. To provide areas for active recreational land uses. Open Space-Passive (OS-P) District. To provide areas limited to passive recreational land uses where access is limited or otherwise controlled. 20.30.020 Open Space Districts: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in open space districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in open space districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications • which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Page 20.30.2 Open Space Districts Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Open Space Land Use Regulations P = Permitted UP = UsePernit PDIU=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) — =Not Permitted OS•A OS-P Addiltonslrtegulstlons RESIDENTIAL (A),(B),(C),(D) SINGLE FAMILY RESIDENTIAL L 1 PUBLICAND SEMI-PUBLIC (A),(B),(C),(D) CEMETERIES UP CLUBS AND LODGES UP --- MARINAS p __ (E) PARK AND RECREATION FACILITIES P L-2 UTILITIES,MAJOR UP UTILITIES,MINOR P P COMMERCIAL USES (A),(B),(C),(D) • COMMERCIAL RECREATION AND ENTERTAINMENT L-3 EATING AND DRINKING ESTABLISHMENTS L-3 _-- (P) HORTICULTURE,LIMITED P MARINE SALES AND SERVICES -BOAT STORAGE P _. AGRICULTURAL AND EXTRACTIVE USES (A),(B),(C),(D) ANIMAL HUSBANDRY P ... CROP PRODUCTION p ACCESSORY USES (A),(B),(C),(D) ACCESSORY STRUCTURES AND USES P/UP P/UP TEMPORARY USES (A),(B),(C),(D) ANIMAL SHOWS P ... (G) CIRCUSES AND CARNIVALS P r. (G) COMMERCIAL FILMING,LIMITED P — (G) PAIRS AND FESTIVALS P ... (G) HELIPORTS,TEMPORARY P (G) REAL ESTATE OFFICES,TEMPORARY P — (0) RECREATION AND ENTERTAINMENT EVENTS P (G) Page 20.30-3 Open Space Districts • Open Space Land Use Regulations P = Permitted UP = Use Permit PDN=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) -•• = Not Pemdtted OS-A OS•P Additional Regulations RELIGIOUS ASSEMBLY P --• (G) TRADE SHOWS P --- (G) Open Space Districts: Additional Land Use Regulations L-1 Permitted as a security guard or caretakers residence. L-2 Limited to marine and wildlife preserves. L-3 Permitted with a use permit as part of a park or recreational facility. (A) See Section 20.60.025: Relocatable Buildings. • (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) OS-P District. Any construction or grading activity in conjunction with the development or establishment of any use permitted by this section that requires the issuance of a building or grading permit shall be subject to the approval of a use permit in each case. (E) See Section 20.60.070: Waterfront Development Regulations. (F) See Chapter 20.82: Eating and Drinking Establishments. (G) Special event permit required, see Chapter 5.10 of the Municipal Code. 20.30.030 Open Space Districts: Property Development Regulations Maximum Height (ft.) See Chapter 20.65: Height Limits. Off-Street Parking and See Chapter 20.66: Off-Street Parking and Loading Loading. • Page 20.35-1 Planned Community District CHAPTER 20.35 PLANNED COMMUNITY DISTRICT Sections: 20.35.010 Specific Purposes 20.35.020 Area Requirements 20.35.030 PC District: Land Use Regulations 20.35.040 PC District: Property Development Regulations 20.35.050 Application Procedure 20.35.060 Development of Coastal Bluff Sites in Planned Community District 20.35.070 Districting Map Designator 20.35.080 Building Permits 20.35.010 Specific Purposes The PC District is intended to: • A. 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. B. 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. C. To include various types of land uses,consistent with the General Plan,through.the adoption of a development plan and text materials which set forth land use relationships and development standards. 20.35.020 Area Requirements In order to meet the objectives set forth in Section 20.35.010,an application for a planned commu- nity district shall contain a minimum of 25 acres of unimproved land area or 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 10 percent 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. 11n0/01 Page 20.35-2 Planned Community District Waiver. The minimum acreage requirement as set forth in this section may be waived by written application to the Planning Commission and approval thereof prior to the consideration of the application for a zone change. 20.35.030 PC District: Land Use Regulations A. Existing Uses. Land uses existing at the time of establishment of a PC District shall be permitted to continue as a nonconforming use, pursuant to Chapter 20.62: Nonconforming Structures and Uses. Existing land uses shall either be incorporated as part of the development plan or shall terminate in accordance with a specific abatement schedule submitted and approved as part of the development plan. Existing land uses which are prohibited by any provisions of this code shall be terminated prior to final approval of the development plan. B. New Uses. No use, other than a use existing at the time of establishment of a PC District, shall be permitted in a PC District except in accord with a valid PC development plan. Any permitted or conditionally permitted use authorized by this code and consistent with the General Plan land use designation or designations for land within the PC District may be included in an approved PC development plan. Exception: The Planning Director may approve temporary uses and structures pursuant to Section 20.60.015:Temporary Strictures and Uses. 20.35.040 PC District: Property Development Regulations Property development regulations applicable to residential,commercial,and industrial districts shall also apply to corresponding portions of PC Districts,unless specifically waived or modified by an approved PC District development plan. Where conflict in provisions occurs the regulations specified in this chapter or in the developmentplan or plans approved pursuant to this chapter shall apply. 20.35.050 Application Procedure A. Reclassification. An application for classification to a PC District, and/or the adoption of a development plan, shall be filed in a manner consistent with the requirements contained in Chapter 20.90. Application Filing and'Fees and Chapter 20.94:Amendments. 11/20/at Page 20.35-3 Planned Community District B. Development Plan Required. An application for classification to a PC District shall include and be accompanied by a development plan for the entire property 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 is adopted in a manner consistent with the requirements contained in Chapter 20.94: Amendments prior to the issuance of any permits for development, expansion or redevelopment. Exception: Where existing land uses have been established by a use permit prior to the adoption of a PC District and said uses are to be retained, the use permit as approved or subsequently amended shall constitute the required development plan. C. Development Plan Contents. A PC District development plan shall contain the following plans and materials,unless specifically waived by the Planning Director: 1. A map showing the proposed development plan boundaries and the relationship of the area to uses and structures within a 300 foot radius of the development plan boundaries. 2. A map of the development plan area showing sufficient topographical data to indicate clearly the character of the terrain, and the type, location and . condition of mature trees and other vegetation and a conceptual grading plan for the property. 3. A site plan indicating the existing and proposed uses, acreages, gross floor area,lot coverage,height,parking and density, and a circulation plan. 4. An accompanying text establishing the land uses as permitted,conditionally permitted,or not permitted,including any special requirements applicable to specific uses. 5. An accompanying text setting forth the property development regulations which constitute the standards of development designed to govern those sectors specified in the development plan. Said standards shall contain definitions and information concerning requirements for development site coverage, building heights, setback line designations, off-street parking, vehicular access, signing, lighting, storage, screening and landscaping, and other information which the Planning Director shall require to insure substantial compliance with the intent of this chapter. 6. 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. 11/20/01 Page 20.35-4 Planned Community District 7. A written statement of standards as they relate to the allocation of land within the development plan to all proposed types of land use. 8. The Planning Director may request additional materials deemed necessary to support the application,pursuant to Chapter 20.90: Application Filing and Fees. D. Phasing. Development of sectors within the PC District maybe permitted subject to one of the following or any combination thereof asset forth in the development plan: 1. The development plan adopts or references the land use and property development regulations of the zoning districts established by this code for that sector to be developed. 2. When plans and materials required by Section 20.35.050 (C) are not presented for the total project, sections may be approved separately by site plan review or use permit as may be required by the Planning Commission. 3. Approval of a use permit by the Planning Commission prior to development, provided the plans and materials required by Section 20.35,050 (C) are submitted as part of the use permit application. E. Review of Development Plans. 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 PC District development plans to assure such consistency. F. Amendments. A request for changes in conditions of approval of a PC District development plan, or a change to plans that would affect a condition of approval, shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor,do notinvolve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. 20.35.060 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 11/20/Ot Page20.35-5 Planned Community District • 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(50 percent)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 ofthis regulation. B. Gradin . Grading, cutting and filling of natural bluff faces or bluff edges shall be prohibited in order to preserve 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 PC development plan. D. Setback Requirement. Asa 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: i1noro1 Page 20.35.6 Planned Community District L 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. 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 of Chapter 19.52 of the Subdivision Code. 3. Land required to be dedicated for neighborhood parks per Chapter 19.52 ofthe Subdivision Code,but which is intended to remain in an unimproved,natural state,should be located adjacent to the bluffs;any portion ofthat 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 development 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-resistant plant material. 20.35.070 Districting Map Designator Each PC District shall be shown on the Districting Map with a APC@ designator,numbered and identified sequentially by order of enactment and reference to the enacting ordinance. 20.35.080 Building Permits ttn010t Page 20.35-7 Planned Community District • A. Issuance of Building Permits. The Planning Department shall insure that a PC District development is undertaken and completed in conformance with the approved building plans and the terms and conditions ofthe 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. B. Commencement of Construction. Building construction shall not be commenced unless and until one of the following alternatives has occurred: 1. There has been recorded a final subdivision map for any specific portion of the district designated on the development plan as subject to the regulations of other zoning districts established by this code. Said subdivision shall comply with the provisions of Title 19 of the Municipal Code, as amended, and the State Subdivision Map Act. 2. Standards of development have been approved on the development plan for the specific sector proposed for development. 3. The Planning Commission has granted a use permit for any specific development. • • tinoiot r i City of Newport Beach �. Planned Communities � li Bluff Areas Map N W+ Uy r S �I O �Yy {y ♦t� r � Planned Community i \11 Sites �5 Subject to Bluff � �r. d Regulations b'u i Includes Downcoast Sphere( of Influence) �• f —..—..—.. City Boundary 1 I One Mile 00"1798 0 Page 20.40-1 Specific Plan District • CHAPTER 20.40 SPECIFIC PLAN DISTRICT Sections: 20.40.010 Authority and Scope 20.40.020 Effect of Chapter 20.40.030 SP District as an Overlay District 20.40.040 SP District: Land Use and Property Development Regulations 20.40.050 Adoption or Amendment of Specific Plans 20.40.060 Site Plan Review Required 20.40.070 Use Permit Required 20.40.010 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. 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. • Page 20.40.2 Specific Plan District 20.40.020 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 District 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.,SP-1: 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. 20.40.030 Specific Plan District as an Overlay District The SP symbol may be applied as an overlay district (e.g., RSC-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. 20.40.040 Specific Plan District: Land Use and Property Development Regulations Any use or development of property within an SP District where the "ST symbol is not combined with another district shall be in compliance with the regulations of the referenced specific plan. 20.40.050 Adoption or Amendment of Specific Plans Specific plans shall be adopted and amended by code pursuant to the provisions of Chapter 20.94 of this code. 20.40.060 Site Plan Review Required Projects shall require site plan review under the provisions of Section 20.92.020. 20.40.070 Use Permit Required A. Pu ose. The City Council finds that development of office buildings exceeding 5,000 square feet in floor area in areas designated for specific plans for which a specific 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. . Page 20.40-3 Specific Plan District • 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 plan, for which a specific plan has not been adopted. C. Criteria for Use Permit. In addition to the provision of Chapter 20.91,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 plan objectives stated in the Land Use Element of the General Plan. • • Page 20.41-1 Specific Plan District#4 Newport Shores CHAPTER 20.41 SPECIFIC PLAN DISTRICT#4 NEWPORT SHORES Se ctions: 20.41.010 Establishment of Specific Plan District(Newport Shores) 20.41.020 Specific Purposes 20.41.030 Private Land Development 20.41.040 Public Rights-of-Way 20.41.050 Residential Development: Land Use Regulations 20.41.060 Residential Development: Property Development Regulations 20.41.070 Commercial Development: Land Use Regulations 20.41.080 Commercial Development: Property Development Regulations 20.41.010 Establishment of Specific Plan District(Newport Shores) The provisions of this chapter shall apply to all parcels within the boundaries of Specific Plan • District #4,Newport Shores, established by Ordinance 1497 and shown on Districting Map No. 1. 20.41.020 Specific Purposes The Specific purposes of Specific Plan#4,Newport Shores,are to: A. Establish a specific 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. B. 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. C. Provide for a service commercial area that will provide convenience goods and services to nearby residences. • t v20/00 Page 20.41-2 Specific Plan District-A Newport Shores 20.41.030 Private Land Development A. The following two general land use designations are established: 1. Residential Development 2. Commercial Development B. The designations, locations, and boundaries of these uses are delineated upon the plan entitled, "Newport Shores Specific 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. C. 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 there is a conflict with this code, in which case the provisions of this specific plan shall take precedence. D. 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 plan and in accordance with the standards of the City of Newport Beach. . 20.41.040 Public Rights-of-Way A. As indicated on the specific 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. B. All existing streets shall maintain their current right-of-way widths. C. A new interior street shall be provided with any redevelopment of the property west of Grant Street. This street shall have a minimtun right-of-way width of 40 feet and shall be generally located as shown on the specific plan map. D. It is intended that 62nd Street and the alley between 62nd Street and 61 st 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 plan map. . ttaaao Page 20.41-3 Specific Plan District#4 Newport Shores 20.41.050 Residential Development: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in the Newport Shores Specific Plan District residential development areas, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in the Newport Shores Specific Plan District residential development areas. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Residential Development: Land Use Regulations P = Permitted UP = Use permit • PDN=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) =Not Permitted Residential Additional Regulations RESIDENTIAL (A),(B),(C) DAY CARE,LIMITED P RESIDENTIAL CARE,LIMITED P SINGLE FAMILY RESIDENTIAL P (D),(E) MULTI-FAMILY RESIDENTIAL L-1 (D) TWO-FAMILY RESIDENTIAL P (D) PUBLIC AND SEMI-PUBLIC (A),(B),(C) CLUBS AND LODGES UP UTILITIES,MINOR P ACCESSORY USES (A),(B),(C) ACCESSORY STRUCTURES AND USES P/UP (F) TEMPORARY USES (A),(B),(C) PERSONAL PROPERTY SALES P (G) REAL ESTATE OFFICES,TEMPORARY L-2 I Inoioo Page 20.41-4 Specific Plan District#4 Newport Shores Residential Development: Land Use Regulations P = Permitted UP - Use permit PD/U=Use permit issued by the Planning Director L =Limited(see Additional Use Regulations) — -NotPermilted Residential Additional Regulations Residential Development: Additional Land Use Regulations L-1 Use permit required for multi-family residential uses containing three or more dwelling units. The Planning Commission before approving a use permit for any development containing three or more dwelling units shall find: i. 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. L-2 Subject to the approval of the Planning Director. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015.:Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) Any dwelling unit otherwise permitted by this code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of- t. A Business License pursuant to Chapter 5.04 of the Municipal Code. 2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. 3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code, 11/20/00 Page 20Al-5 Specific Plan District 44 Newport Shores (E) See Chapter 20.85: Accessory Dwelling Units. (F) See Section 20.60.100: Home Occupations in Residential Districts. (G) See Section 20.60.120: Personal Property Sales in Residential Districts. 20.41.060 Residential Development: Property Development Regulations The following schedule prescribes development regulations for residential development areas. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Residential Development: Property Development Regulations Residential Development Additional Regulations Minimum Site Area per Unit(sq.ft.) 1200;1500 (A),(B) Minimum Yards: • Front(ft.) 5 (C),(D),(E) Side(ft.) 3;4 (C),(D),(E),(F) Rear(ft.) 5 (C),(D),(E) Distance Between Detached Buildings 10 Setback from Coast Highway 18 (G) Maximum Height(ft.) (I) Maximum Floor Area Limit 2.0 (I) Outdoor Living Area (1) Off-Street Parking (K) Residential Development: Additional Property Development Regulations (A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. 11/20/00 Page 20Al-6 Specific Plan District 44 Newport Shores (B) For each dwelling unit up to a maximum of two units, there shall be a minimum of 1200 square feet of lot area. For each dwelling unit in excess of two units, there shall be a minimum of 1500 square feet. (C) See Section 20.60.030:Extensions Into Yards. (D) See Section 20.60.020:Accessory Structures and Mechanical Equipment. (E) [Reserved]. (F) Each side yard shall not be less than 3 feet wide on sites 40 feet wide or less, or 4 feet on sites wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. (G) Structures designed for residential occupancy shall be located a minimum of 18 feet from the Coast Highway right-of-way. (H) For dwellings, the height limit shall be as specified in Chapter 20.65. For accessory buildings the height limit shall be 15 feet. (1) The gross floor area shall consist of the total enclosed area of all floors of a building • measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non-habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. (J) 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 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 unenclosed on at least one side. In no event shall said area be placed on the roof of the second story. (K) For each dwelling unit there shall be a minimum of two covered parking spaces. On lots less than 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. l tnoroo Page 20.41-7 Specific Plan District#4 Newport Shores_ 20.41.070 Commercial Development: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in commercial development areas, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in commercial development areas. • The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Commercial Development: Land Use Regulations P = Permitted UP = Use Permit PDN=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) • — = Not Permitted Commercial Additional Regulations PUBLICAND SEMI-PUBLIC (A),(B),(C) CLUBS AND LODGES UP (K) CULTURAL INSTITUTIONS P (K) DAY CARE,GENERAL UP RELIGIOUS ASSEMBLY L-1 UTILITIES,MINOR P COMMERCL4L USES (A),(B),(C) ANIMAL SALES AND SERVICES -ANIMAL BOARDING --- -ANIMAL GROOMING PD/U -ANIMAL HOSPITALS UP -ANIMAL RETAIL SALES PD/U ARTISTS'STUDIOS P (G) BANKS/SAVINGS AND LOANS P -WITH DRIVE-UP/DRIVE THROUGH SERVICE UP BUILDING MATERIALS AND SERVICES P . CATERING SERVICES P 11/20/00 Page 20Al-8 Specific Plan District#4 Newport Shores Commercial Development: Land Use Regulations P a Permitted UP - Use Permit PD/U.Use permit issued by the Planning Director L . Limited(see Additional Use Regulations) -- . Not Permitted Commercial Additional Regulations COMMERCIAL RECREATION AND ENTERTAINMENT UP (0),(K) EATING AND DRINKING ESTABLISHMENTS UP -FULL SERVICE,HIGH TURNOVER UP (D),(G),(K) -FULL SERVICE,LOW TURNOVER UP (D),(G),(K) -FULL SERVICE,SMALL SCALE PD/U (D),(G),(K) -TAKE-OUT SERVICE UP (D),(G),(K) -TAKE-OUT SERVICE,LIMITED PD/U (D),(G),(K) -ACCESSORY P (D),(G),(K) -BARS AND COCKTAIL LOUNGES UP (D),(G),(K) FOOD AND BEVERAGE SALES P (K) MARINE SALES AND SERVICES -BOAT CHARTER,RENTAL,AND SALES UP OFFICES,BUSINESS AND PROFESSIONAL P . PERSONAL IMPROVEMENT SERVICES PD/U (G) PERSONAL SERVICES P -MASSAGE ESTABLISHMENTS UP (E) POSTAL SERVICES P PRINTING AND DUPLICATING SERVICES P RETAIL SALES P TRAVEL SERVICES P VEHICLE/EQUIPMENT SALES AND SERVICES -SERVICE STATIONS UP (p) (K) VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U -HOTELS,MOTELS AND TIME-SHARES UP (H) ACCESSORY USES (A),(B),(C) ACCESSORY STRUCTURES AND USES P/UP TEMPORARYUSES (A),(B),(C) CHRISTMAS TREEIPUMPKIN SALES L-2 (B) OUTDOOR STORAGE&DISPLAY,TEMPORARY P Q,>) REAL ESTATE OFFICES,TEMPORARY P (B) i Inoioo Page 20AI-9 Specific Plan District#4 —_ —Newport Shores • Commercial Development: Additional Land Use Regulations L-1 Limited to facilities occupying less then 5,000 square feet;use permit required. L-2 Subject to the approval of the Planning Director. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) See Chapter 20.82: Eating and Drinking Establishments. (E) See Chapter 20.87: Massage Establishments. (F) See Chapter 20.80: Automobile Service Stations. (G) See Section 20.60.085: Uses Requiring City Manager Approval. (I-I) See Chapter 20.84: Time Share Developments. (I) Special events permit required,see Chapter 5.10 of the Municipal Code. (J) See Section 20.60.105: Outdoor Storage &Display. (K) See Chapter 20.89: Alcoholic Beverage Outlets. 20.41.080 Commercial Development: Property Development Regulations The following schedule prescribes development regulations for commercial development areas. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Commercial Development Regulations Commercial Additional Regulations Minimum Lot Area(sq.ft.) 2,000 (A) • 1lnoroo Page 20A1.10 Specific Plan District#4 Newport Shores Commercial Development Regulations • Commercial Addltlonsl6aguUdons Minimum Lot Width(ft.) 25 (A) Minimum Yards: Front(ft.) -- (B),(C) Side(ft.) --- (B) -Abutting residential area(ft.) 5 (B) Rear(ft.) -- (B) -Abutting residential area(ft.) 5 (B) -Abutting an alley(ft.) 10 (B) Bulkhead Setback --- Maximum Height(ft.) (D) Maximum Floor Area Limit (E) Off-Street Parking and Loading (F),(0) Commercial Development: Additional Property Development Regulations (A) See Chapter 19.68 in Title 19:Merger of Contiguous Lots. (B) See Section 20.60.030: Extensions Into Yards. (C) Where the frontage in a block is partially in an residential development area the front yard shall be not less than 5 feet. (D) See Chapter 20.65:Height Limits. (E) See Chapter 20.63:Floor Area Ratios and Building Bulk. (F) See Chapter 20.66: Off-Street Parking and Loading. (G) 10 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 adjpining vehicular way by a curb not less than 6 inches in height. 11/20/00 y� �.. ro Page 20.42-1 Specific Plan District#5 • Mariner's Mile CHAPTER 20.42 SPECIFIC PLAN DISTRICT#5 MARINER'S MILE Sections: 20.42.010 Establishment of Specific Plan District(Mariner's Mile) 20.42.020 Purpose 20.42.030 Applicability 20.42.040 Land Use Regulations 20.42.050 Property Development Regulations 20.42.060 Development Plan Review Required 20.42.065 Notice and Public Hearing 20.42.070 Rights of Appeal 20.42.010 Establishment of Specific Plan District(Mariner's Mile) The provisions of this chapter shall apply to all parcels within the boundaries of Specific Plan • District#5,Mariner's Mile, established by Ordinance 1718 and shown on Districting Map No.4. 20.42.020 Purpose This chapter establishes 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 chapter 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 Mariner's 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 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 development plan review, use permit and variance processes, where the Planning Director and Planning Commission will exercise their discretion on a • 01/04l06 Page 20.42-2 Specific Plan District#5 Mariner's Mile • 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 Mariner's Mile area. Areas on the bayward side of Coast Highway are designated "Recreational and Marine Commercial." This designation encourages a continuation of marine-oriented and visitor-serving uses, maintains the marine theme and character of the area, and encourages 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 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. The City Council has adopted a document entitled "Mariner's Mile Strategic Vision and Design Framework (Design Framework)"which provides several recommendations for sound planning and urban design.These policy recommendations include new entry features, the development of an urban village between Riverside and Tustin Avenues, improving waterfront access, cohesive landscape treatments along major streets, consideration of renaming Riverside and Tustin Avenue and general land use compatibility. This design framework shall be used as a guide for the community, property owners, city staff and policy makers in the development and consideration of activities within the Mariner's Mile area. The Design Framework is not intended to establish absolute standards, but existing and proposed development and activities within Mariner's Mile area should adhere to the recommendations of the Design Framework to the maximum extent feasible. The area identified in the Mariner's Mile Design Framework as the "Mariner's Village" around the intersection of Pacific Coast Highway and Riverside and Tustin Avenues, is the core of Mariner's Mile. The City's long-term goal for this area is to reinforce its potential to become the heart of Mariner's Mile as an active pedestrian-oriented retail district. In order to realize this potential, the appearance, liveliness and sense of place should be enhanced by promoting improvements to private development and the public realm,and generally encouraging a stronger pedestrian orientation by the following means: A. By developing a vocabulary of elements such as streetscape, street furnishings, and sidewalks. B. By encouraging lot swap/consolidations, to facilitate development such as a new cohesively developed retail center with an anchor tenant. C. By actively soliciting local-serving tenants such as a market, cafes, drug store, and specialty retail. D. By implementing a parking strategy, such as the establishment of a Mariner's Mile Parking District and the encouragement of more common parking lots. 01l04l06 . Page 20.42-3 Specific Plan District#5 • Mariner's Mile E. By finding a new location for United States Postal Service Distribution Center so that the site can have a less truck-oriented use while retaining the retail portion of the post office in Mariner's Village. 20.42.030 Applicability The provisions of this chapter shall apply to all property in the Mariner's Mile Specific Plan District. A. Construction of Buildings Re lug ated. 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, policies 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. B. Architecture and Site Planning Objectives. Responsible urban design is a primary goal of the Mariner's Mile Specific Plan Area. Designs should respect their surroundings. The architecture and site plans of all Development Plans shall be found compatible with well designed surrounding properties. Site planning should accommodate the larger design concepts of the Mariner's Mile Design • Framework (Urban Design, Landscape). Buildings should orient to the street in the Village areas and when surrounded by parking. Roofs and roof elements should respect views from above and in an aesthetically pleasing manner. Roof top mechanical equipment shall be concealed in a coordinated fashion or be located within the building or structure. Overall site planning shall also promote pedestrian connections and pedestrian amenities within the village area, and provide public access to the water along the bay. Building and structures should adhere to the Color and Materials Palette identified in the Mariner's Mile Design Framework. 20.42.040 Land Use Regulations A. Land Use Designations. The following land use designations are established: 1. Retail and Service Commercial. SP-5 (RSC) District. This designation encourages the continuation of "marine-oriented" uses and the "marine" theme or character of the area; encourages mutually supportive businesses, a continuity of shopping and pedestrian orientation, and prohibits uses, which would interrupt this continuity; and minimizes the number of curb cuts on Coast Highway. 2. Recreational and Marine Commercial, SP-5 (RMC) District. This designation establishes a priority system to guide development on sites on • 01104/06 Pgc 20.a 2-4 4 Specific Plan District#S Mariner's Mile • the bay by encouraging a continuation of marine-oriented and visitor- serving uses, maintaining the marine theme and character of the area, and encourages public physical and visual access to the bay. The designations, locations, and boundaries of these uses are delineated upon the map entitled "Mariner's 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. The following schedule establishes the land uses defried in Chapter 20.05 as permitted or conditionally permitted in the Mariner's Mile Specific Plan District, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in the Mariner's Mile Specific Plan District. The letter"L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters"P/UP" designate use classifications which are permitted when located on the site of another permitted use,but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading, Mariner's Mile Specific Plan District: Land Use Regulations P - Permitted UP a use Permit PD/U a Use permit issued by the Planning Director L Limited(see Additional Uae Rceulattonc) -- �NotPcnnitted RSC RMC Additional Regulations PUBLICAND SEMI-PUBLIC (A),(B),(C), (D) CLUBS AND LODGES UP --- -YACHT CLUBS — UP (I),(1),(M) CULTURAL INSTITUTIONS UP L-2 (M) DAY CARE,GENERAL UP -- GOVERNMENT OFFICES UP MARINAS P (1),(1) RELIGIOUS ASSEMBLY UP UTILITIES, MINOR P P 01104106 . Page 20.42-5 Specific Plan District#5 • Mariner's Mile Mariner's Mile Specific Plan District: Land Use Regulations P = Permitted UP = Use Permit PD/U=Use permit issued by the Planning Director L =Limited(see Additional Use Regulations) — =Not Pemtitted RSC RMC Additional Regulations COMMERCIAL USES (A),(B),(C), (D) ANIMAL SALES AND SERVICES -ANIMAL GROOMING PD/U -ANIMAL HOSPITALS UP --- -ANIMAL RETAIL SALES PD/U L-5 ARTISTS'STUDIOS P L-4 (H) BANKS/SAVINGS AND LOANS P --- -WITH DRIVE-UP/DRIVE THROUGH SERVICE UP -- CATERING SERVICES P P COMMERCIAL RECREATION AND ENTERTAINMENT UP UP (H),(M) EATING AND DRINKING ESTABLISHMENTS UP UP • -FULL SERVICE,HIGH TURNOVER UP UP (E),(H),(M) -FULL SERVICE,LOW TURNOVER UP UP (E),(H),(M) -FULL SERVICE,SMALL SCALE PD/U PD/U (E),(H),(M) -TAKE-OUT SERVICE UP UP (E),(H),(M) -TAKE-OUT SERVICE,LIMITED PD/U PD/U (E),(H),(M) -ACCESSORY P P (E),(H),(M) -BARS AND COCKTAIL LOUNGES UP UP (E),(H),(M) MARINE SALES AND SERVICES (I),(J) -BOAT CHARTER,RENTAL,AND SALES P P (I),(J) -BOAT STORAGE --- P (1),(n -BOAT YARDS P P (1),(J) -MARINE SERVICE STATION PD/U PD/U (1),(J) -RETAIL MARINE SALES P P (I),(J) OFFICES,BUSINESS AND PROFESSIONAL P L-1 PERSONAL IMPROVEMENT SERVICES PD/U L-2 (H) PERSONAL SERVICES P L-4 -DRY CLEANERS UP L-4 -DRY CLEANERS(COLLECTION ONLY) UP L-4 -MASSAGE ESTABLISHMENTS UP L-2 (F) -SELF SERVICE LAUNDRIES UP L-4 RETAIL SALES P P • O1/04/06 Page 20.42-6 Specific P1anDistrict 115 Mariner's Mile • Mariner's Mile Specific Plan District: Land Use Regulations P - Permittedi UP - Use Permit PD/U=Use permit issued by the Planning Director L Limited(see Additional Uso Regulational Not Permitted RSC RMC Additional ItesWaldons TRAVEL SERVICES P L-1 VEHICLE/EQUIPMENT SALES AND SERVICES -VEHICLE/EQUIPMENT SALES AND RENTALS UP -- -COMMERCIAL PARKING FACILITY PD/U PD/U -SERVICE STATIONS UP (M) -VEHICLE/EQUIPMENT REPAIR L-6 VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U PD/U -HOTELS,MOTELS AND TIME-SHARES UP UP (K) INDUSTRIAL (A),(B),(C), (b) INDUSTRY,CUSTOM -- L4 INDUSTRY,LIMITED — L4 . INDUSTRY,MARINE-RELATED UP UP ACCESSORY USES (A),(S),(C), (D) ACCESSORY STRUCTURES AND USES P/UP P/UP TEMPORARY USES (A),(B),(C), (D) CHRISTMAS TREE/PUMPKIN SALES L-7 L-7 (B) OUTDOOR STORAGE&DISPLAY,TEMPORARY P P (D) REAL ESTATE OFFICES,TEMPORARY L-7 L 7 (B) Mariner's Mile Specific Plan District: Additional Land Use Regulations L-i Marine-related facilities permitted as an incentive use; other facilities in this use classification permitted when in conjunction with an incentive use under the provisions of Section 20.60.080:Marine Incentive Uses. L-2 Marine-related facilities permitted with a use permit as art incentive use; other facilities in this use classification permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. 01104106 . Page 20.42-7 Specific Plan District#5 • Mariner's Mile L-3 Permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L-4 Permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L-5 Permitted with a use permit issued by the Planning Director when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L-6 Permitted when ancillary to an existing Vehicle/Equipment Sales and Service use within the specific plan area. L-7 Subject to the approval of the Planning Director. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. • (D) See Section 20.60.105: Outdoor Storage&Display. (E) See Chapter 20.82: Eating and Drinking Establishments. (F) See Chapter 20.87: Massage Establishments. (G) See Chapter 20.80: Automobile Service Stations. (II) See Section 20.60.085: Uses Requiring City Manager Approval. (I) See Section 20.60.070: Waterfront Development Regulations. (J) See Section 20.60.080: Marine Incentive Uses. (K) See Chapter 20.84:Time Share Developments. (L) Special event permit required, see Chapter 5.10 of the Municipal Code. (M) See Chapter 20.89: Alcoholic Beverage Outlets. • 01/04l06 Page 20.42-8 Specific Plan Disttict#5 Mariner's Mile • 20,42.050 Property Development Regulations The following schedule prescribes development regulations for the Mariner's Mile Specific Plan District. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Mariner's Mile Specific Plan District: Property Development Regulations RSC RMC Additional Regulations Minimum Lot Area(sq.ft.) 10,000 10,000 (A) Minimum Lot Width(ft.) 50 50 (A) Minimum Yards: Front(ft.) 5;10(+12) 5;10 (B),(C),(D),(E),(F) Side(ft.) -- -- (B),(D),(F) -Abutting a residential district(ft.) 5 -- B),(D),(F) Rear -- (B),(D),(F) -Abutting a residential district(ft.) 5 -- (B),(D),(E),(F) Public Access to Newport Bay (D) 0 Bulkheads 10 10 (G) Maximum Height(ft.) 26 26 (H),(I),(J) Floor Elevation (K) Maximum Floor Area Limit 0.50 0.50 (L) Landscaping (M) Off-Street Parking and Loading (M Non-Conforming Structures and Uses (0) Dedication of right-of-way (P) Signs (Q) Fences and Walls (R) Utilities&Ground Mounted Equipment (S) Vehicular Access&Lot Consolidation (T) Lighting M ntioaioe • Page 20.42-9 Specific Plan District#5 • Mariner's Mile Mariner's Mile Specific Plan District: Additional Property Development Regulations (A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (B) See Section 20.60.030: Extensions Into Yards. (C) SP-5 (RMC) District. 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. SP-5 (RSC) District. 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. A minimum of 50 percent 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 50 percent of the lot frontage shall provide a setback not less than 5 feet from the above 12 foot setback. (D) SP-5 (RMC) District. In approving a development plan or granting a use permit for development on a site with frontage along the bay, the Planning Director or Planning Commission 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 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. (E) No structure or other intrusions shall be permitted except for landscaping, decks, paving, architectural features and signs. (F) The Planning Commission or Planning Director may establish setbacks in granting a use permit or development plan review approval. (G) SP-5 (RMC) District. Bulkhead setback shall provide for the minimum public access required herein along the bulkhead. Additional building setbacks may be required by the Planning Commission in granting a use permit or site plan review approval. • 01/04/06 Page 20.42-10 Specific Plan Distdet.N5 Mariner's Miie All bulkheads shall be constructed to an elevation of 9 feet above mean low water level (8.67 NAVD 88). (H) See Chapter 20.65: Height Limits. (I) The height limit for all buildings and other structures on a site$ball 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. SP-5(RMC)District. a. 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. b. 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. C. 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. d. 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, e. The increase in height shall in no case result in a floor area exceeding the floor area permitted by Chapter 20.63 and this chapter, 2. SP-5 (RSC)District. a. 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. 0110406 . Page 20.42-11 Specific Plan District#5 • Mariner's Mile b. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area, within a general theme of the marine environment. 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 increased height shall in no case result in a floor area exceeding the floor area permitted by Chapter 20.63 and this chapter. (J) For the purpose of measuring height, the grade shall be natural grade, or 9 feet above mean low water level(8.67 NAVD 88),whichever is higher. (K) SP-5 (RMC) District. Finished floor elevation for all new structures or addition to an existing structure(s) other than floor area used for parking, shall be 9 feet above mean low water level (8.67 NAVD 88). • (L) The total gross floor area and building bulk limits specified in Chapter 20.63 shall apply to all structures. For purposes of this Chapter, the 12 foot setback required for potential future highway widening 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. Use permits to exceed the base floor area ratio limits of Chapter 20.63 may be approved pursuant to Section 20.63.040 (C). (M) Landscape areas shall be provided as follows: 1. West Coast Highway, Tustin & Riverside Avenue — a minimum 4-foot wide planting area (excluding any planter curbs) measured from the back of sidewalk to parking lot or building shall be provided on each property that fronts Coast Highway, Tustin Avenue and Riverside Avenue. This continuous planter area shall be required across the entire frontage of the property except where either buildings at back of walk or driveways are existing and are to remain and shall contain a continuous hedge and palm trees. The hedge shall consist of either the Ligustrum j. "Texanum" (Texas Privet) planted a minimum of 30 inches on center, the Buxus microphylla japonica (Japanese Boxwood) planted a minimum of 18 inches on center or the Carissa macrocarpa 'Tuttle' planted a minimum 24 inches on center and are to be a minimum of 30 inches in height. Palm trees shall be Washingtonia robusta (Mexican Fan Palm) with a minimum of 8 foot trunk height and subdrainage system. The minimum number of palm trees shall be • Ol/04/06 Page 20.42-12 Specific Plan District-0 Mariner's Mile • calculated by dividing the total street frontage by 30 feet. The number of palms resulting from this calculation are required;however a minimum of two palms are required per lot.Palm spacing can be modified slightly or palms can be clustered in groups of three (3) minitnum as long as the number of palms installed is equal to the minimum standard. 2. Uncovered parking spaces on-gmde shall have interior landscaping in the form of one (1) tree per every 4 parking spaces. Palm trees should be used for properties located adjacent to the Bay aid shade trees should be used for inland properties. 3. A minimum of 50 percent of the area of the required setback from Coast highway shall be devoted to landscape areas. 4. The plant selections should be consistent with the adopted Mariner's Mile Design Framework, 5. Landscaping of bluff areas, property line walls and medians should be consistent with the recommendations contained within the Mariner's Mile Design Framework. 6. 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. • 7. All planting areas shall have a minimum inside dimension of 4 feet and parking lot planters shall be a minimum,of 25 square feet exeluding protective curb. 8. All areas in a parking lot not used for driveways,maneuvering areas,parking stalls and walks, shall be permanently landscaped. 9. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. 10. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. 11. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 12. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape and irrigation plans. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Oil04/OG • Page 20.42-13 Specific Plan District#5 • Mariner's Mile The property owner shall execute and record a restrictive covenant and agreement which grants assurance to the City that the landscaping and irrigation system is properly maintained in accordance with the approved plans. 13. Landscape planting and irrigation plans and specifications shall be submitted by the applicant and approved by the Planning Director prior to the issuance of a building permit. (1) Off-street parking spaces shall be provided as set forth in Chapter 20.66: Off-Street Parking and Loading; however, off-street parking for all floor area/building bulk of any structure subject to the front setback requirements specified in this section 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. (0) Notwithstanding the provisions of Chapter 20.62, 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. • (P) SP-5 (RSC) District. No dedication of right-of-way along the north side of Coast Highway shall be required pursuant to Chapter 13.05 (Street Improvements and Dedications) or Title 19 (Subdivision Code) of the Municipal Code, or as a condition to any parcel map or use permit for any project that strictly complies with the highway setback requirements 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 December 22, 1993, 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 Municipal Code), or to pay fees required by the Fair Share Traffic Contribution Ordinance(Chapter 15.38 of the Municipal Code). (Q) See Chapter 20.67: Signs. • Ol/04/OG Page 20A2-14 Specific Plan District#5 Mariner's Mile • (R) Walls and Fences. Upgrading the quality and developing a family of walls and fences is recommended for Mariner's Mile to provide a consistent and high-quality image. Walls and fences located within required yards shall be consistent with the requirements of Section 20.60,030,Extensions into Yards. In all cases, walls and fencing shall not create a sight distance problem as determined by the City Traffic Engineer. 1. Fences Allowed. a. Coast Highway frontage: Wrought iron or PVC fencing not exceeding 6 feet in height.Recommended colors: Dark Navy Blue,Black,Dark Green. Refer to the Design Framework,Section 5.60 Walls and Fences for recommended fence design. b. Side and rear yards and lot-lino conditions: Wrought Iron or PVC fencing or Vinyl-coated chain link(with or without attached fabric screening) not exceeding 6 feet in height.Recommended colors: Dark Navy Blue,Black, Dark Green. 2. Fences not permitted. a. Chain-link fencing is not permitted along the street frontage of any property within Mariner's Mile. b. Razor-Wire fencing. • c. Fences not allowed under Subsection 1,Fences Allowed. 3. Walls Allowed. a. Pacific Coast Highway frontage: Low walls not to exceed 3 feet in height. This wall may be extended to a maximum height of 6 feet provided that the area above 3 feet is constructed of wrought iron or PVC fencing. b. Side and rear yards and lot-line conditions: Law walls not to exceed 3 feet in height.This wall may be extended to a maximum height of 6 feet provided that the area above 3 feet is constructed of wrought iron,PVC fencing or vinyl-coated chain link(with or without fabric screen). c. Solid walls up to 8 feet in height provided that they are setback 15 feet from street property lines. 4. Retaining walls shall incorporate split-face block or poured-in-place concrete with a sandblasted,bush-hammered or textured form-liner finish, Crib-wall systems with integrated,landscaping are also permitted. 5. Walls not permitted. 01104106 . Page 20.42-15 Specific Plan District#5 isMariner's Mile a. Solid walls over 3 feet in height are not permitted along the Coast Highway frontage of any property on Mariner's Mile or within the required front yard setback of any property. b. Walls topped with barbed wire,razor-wire fencing,sheet metal or broken glass. C. Sheet metal enclosures(except at trash areas at rear of properties). d. Walls not allowed under Subsections 3, Walls Allowed and Subsection 4, Retaining walls. (S) Utilities and Ground Mounted Equipment New utility connections shall be placed underground unless the Public Works Department determines that undergrounding the connection is physically infeasible. Appurtenant and associated utility equipment such as transformers, utility vaults, terminal boxes, meter cabinets shall be placed underground unless the Public Works Department determines that undergrounding the appurtenant and associated equipment is physically infeasible. If appurtenant and associated utility equipment cannot be placed underground, the equipment shall be located in the least visible location practical and screened from public view on-site and off-site by fencing or landscaping to the • satisfaction of the Planning Director. All ground-mounted equipment including, but not limited to backflow preventers, vents, air handlers, generators, boilers, trash bins, transformers shall be screened from view behind and fully below the top of a screen wall or a solid hedge. Screen walls shall be of same or similar material as adjacent building walls and covered with vines when possible. Chain link fencing with slats is not permitted. (T) Vehicular Access&Lot Consolidation New vehicular access driveways on Coast Highway should be avoided or minimized in order to minimize potentially hazardous turning movements on and off Coast Highway. Developments are strongly encouraged to consolidate lots and provide shared access with adjacent properties whenever possible. (U) Lighting Exterior on-site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking lot lighting shall have zero cut-off fixtures and "shoebox" lights are preferred. The use of low level lighting to illuminate walkways, landscape accent lighting and building accent lighting is encouraged. Light standards shall not exceed 20 feet measured from natural grade. 01/04/06 Page 20A2-16 Specific Plan District 95 Mariner's Mile 20.42.060 Development Plan Review Required A. General. The City Council finds, determines and declares that the preservation and enhancement of the Mariner's Mile area through the consistent application of sound urban design principles and the promotion of thoughtful and tasteful design while allowing creative flexibility as described in the Design Framework is desirable. Therefore, now or substantially altered development shall be reviewed for consistency with adopted design polices contained within the Mariner's Mile Design Framework in order implement the goals and objective of the Design Framework and Specific Area Plan and 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 plan areas will not preclude attainment of the General Plan and Specific plan objectives and policies. 2. To protect and preserve the value of properties and to encourage high quality development thereof in Mariner's 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 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. Development Plan review and approval shall be obtained from the Planning Director prior to the issuance of a building permit for any exterior work for any new building to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area by 25 percent or 2,500 square feet whichever is less, sign approval or initiation of landscaping rehabilitation. An Application for a Development Plan shall be filed in a manner consistent with the requirements contained in Chapter 20.90:Application Filing and Fees. C. Review. The Planning Director or his/her authorized representative shall review any plans, applications or other information for consistency with the adopted 0tr04/06 0 Page 20.42-17 Specific Plan District#5 • Mariner's Mile Mariner's Mile Design Framework and other applicable ordinances and policies. The Planning Director shall approve a Development Plan only if the project is found to be consistent with the Design Framework and applicable ordinances and policies. The Planning Director shall have the discretion to refer any DevelopmentPlan to the Planning Commission for consideration and decision. 20,42.065 Notice and Public Hearing A. Public Hearings. The Planning Director or Planning Commission shall hold a public hearing on an application for a Development Plan. A public hearing is not required on applications for minor changes to existing signs including replacing a sign panel or applications that solely propose landscape rehabilitation. B. Time of Hearing. 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 10 days nor more than 60 days thereafter. C. Required Notice. 1. Mailed or Delivered Notice. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights-of-way and waterways, of the boundaries of • the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. 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. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. D. Contents of Notice. The notice of public hearing shall contain: I. A description of the location of the project site and the purpose of the application; 2. A statement of the time,place, and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. E. Continuance. Upon the date set for a public hearing before the Planning Director or Planning Commission, the Director or Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. . 01104/06 Page 20.42-18 Specific Plan District N5 Mariner's Mile 20.42.070 Rights of Appeal Appeals of decisions of the Planning Director or Planning Commission regarding the implementation of this Chapter shall be governed by Chapter 20.95: Appeals. City of OR1Ye Newport Beach Mariner's Mile r u� ,' Specific Plan District#5 SEC.20.42 '% j� •^, '_ Land Use Map WEST "r r J/4r�\`` Recrea0onai marine commercial ,%t•— ��, Retell Service commerical SpeciOo Plan Boundary a 250 No l y III 01/04/06 Page 20.43-1 Specific Plan District#6 Cannery Village/McFadden Square CHAPTER 20.43 SPECIFIC PLAN DISTRICT#6 CANNERY VILLAGE/MCFADDEN SQUARE Sections: 20.43.010 Establishment of Specific Plan District(Cannery Village/McFadden Square) 20.43.020 Purpose 20.43.030 General Controls 20.43.040 Commercial Land Use Regulations 20.43.050 Commercial Property Development Regulations 20.43.060 Residential Land Use Regulations 20.43.070 Residential Property Development Regulations 20.43.080 Public Improvement Component 20.43.090 Review of Plans 20.43.010 Establishment of Specific Plan District(Cannery Village/McFadden Square) The provisions of this chapter shall apply to all parcels within the boundaries of Specific Plan . District 46, Cannery Village/McFadden Square, established by Ordinance 86-7 and shown on Districting Map Nos. 3, 8, and 9. 20.43.020 Purpose This specific plan establishes 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. This specific plan ensures 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. 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 Specific Plan District, consistent with the stated goals, policies and objectives of the City's General Plan and Local Coastal Program, Land Use Plan. All of the waterfront area within the Cannery Village and the McFadden Square Bayfront is designated for "Recreation and Marine Commercial" uses. This designation encourages a continuation of marine-oriented uses, maintains the marine theme and character of the area, and encourages public physical and visual access to the bay.The marine-oriented and coastal-dependent uses on 05126105 Page20.43-2 Specific Plan District 96 Cannery Village/McFadden Square 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 marine-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. 20.43,030 General Controls The provisions of this section shall apply to all property in the Cannery Village/McFadden Square Specific Plan District. A. 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. B. 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. 05126105 Page 20.43-3 Specific Plan District#6 Cannery Village/McFadden Square 1. 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: a. 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. b. Attractive expression of mechanical equipment and systems by incorporation into the design of structures within the height limit. C. Use of nautical devices in signs, architectural details and deco- ration, such as heavy rope,pilings,timbers, brass fixtures, etc. 2. 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: a. 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. b. 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. 20.43.040 Commercial Land Use Regulations A. Land Use Desi nag tions. The following commercial land use designations are established: 1. Specialty Retail, SP-6 (SR) District. This designation establishes a strong specialty retail core for the Cannery Village area by encouraging mutually . OS/26/OS Page 20.43 4 Specific Plan District H6 Cannery Village/McFadden Square supportive businesses, establishing a continuity of shopping and pedestrian orientation, and provides a high level of pedestrian interest, comfort and amenity. 2. Recreational and Marine Commercial, SP-6 (RMC) District. This designation establishes a priority system to guide development on sites on the bay by encouraging a continuation of marine oriented uses, maintaining the marine theme and character of the area, and encouraging public physical and visual access to the bay. 3. Retail and Service Commercial, SP-6 (RSC) District. This designation provides retail sales, personal service, commercial, and professional uses that offer direct services to the public, and light marine industrial uses. 4. SP-6 (R-l)District. 5. SP-6(R-2)District. 6. SP-6(MFR)District. The designations, locations and boundaries of these uses are delineated upon the map entitled "Cannery Village/McFadden Square Specific Plan District, Land Use Plan Map", which map and all information and notations thereon are made a part of this section by reference. B. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in Cannery Village/McFadden Square Specific Plan District, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in Cannery Village/McFadden Square Specific Plan District. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. osncros Page 20.43-5 Specific Plan District#6 Cannery Village/McFadden SquareCannery Village/McFadden Square Specific Plan District: Commercial Land Use Regulations P = Permitted UP =Use permit PD/U=Use permit issued by the Planning Director L =Limited(see Additional Use Regulations) --- =Not Permitted SR RMC RSC Additional Regulations RESIDENTIAL (A),(B),(C), (D),(I) SINGLE FAMILY RESIDENTIAL L-1 L-1 L-I MULTI-FAMILY RESIDENTIAL L-1 L-1 L-1 TWO-FAMILY RESIDENTIAL L-1 L-1 L-I PUBLICAND SEMI-PUBLIC (A),(B),(C),(I) CLUBS AND LODGES UP UP UP (E),(M) CULTURAL INSTITUTIONS UP L-5 UP (M) DAY CARE,GENERAL --- --- UP GOVERNMENT OFFICES --- UP UP MARINAS P --- (E) RELIGIOUS ASSEMBLY --- UP UTILITIES,MINOR P P P COMMERCIAL USES (A),(B),(C),(1) ANIMAL SALES AND SERVICES -ANIMAL GROOMING --- UP UP -ANIMAL HOSPITALS --- UP UP -ANIMAL RETAIL SALES --- UP UP (J) ARTISTS'STUDIOS P --- --- BANKS/SAVINGS AND LOANS P L-7 P CATERING SERVICES P P P COMMERCIAL RECREATION AND ENTERTAINMENT --- UP UP (J),(M) EATING AND DRINKING ESTABLISHMENTS UP UP UP -FULL SERVICE,HIGH TURNOVER UP UP UP (F),(J),(M) -FULL SERVICE,LOW TURNOVER UP UP UP (F),(J),(M) -FULL SERVICE,SMALL SCALE PD/U PD/U PD/U (F),(J),(M) -TAKE-OUT SERVICE UP UP UP (F),(J),(M) -TAKE-OUT SERVICE,LIMITED PD/U PD/U PD/U (F),(J),(M) -ACCESSORY P P P (F),(J),(M) -BARS AND COCKTAIL LOUNGES UP UP UP (M) FOOD AND BEVERAGE SALES --- P (M) OS126106 Page 20.43-6 Specific Plan District#6 Cannery Village/McFadden Square Cannery Villi ge/MeFadden Square Specific Plan District: Commercial Land Use Regulations P - Pcmdtted UP -Usepennit PDN=Usepetmitissued by the PlanningDimctor L -Limitcd(sco Additional Uso Renulatlons) — -NotPenhitted SR RMC RSC Additional Regulations MARINE SALES AND SERVICES -BOAT CHARTER,RENTAL,AND SALES --- P -- (E),(1) -BOAT STORAGE ••• P — (E),(1) -BOAT YARDS •-- P -- (E),(1) -MARINE SERVICE STATION --• UP -- (E) -RETAIL MARINE SALES --- P -•- OFFICES,BUSINESS AND PROFESSIONAL L-2 L-4 L-2 PERSONAL IMPROVEMENT SERVICES UP L-5 UP ()) PERSONAL SERVICES -• L-7 P (G) -DRY CLEANERS ••. UP -LIMITED P L•7 P -SELF SERVICE LAUNDRIES -•- UP RETAIL SALES L-3 P P TRAVEL SERVICES P L-6 P VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U PD/U PD/U -HOTELS,MOTELS AND TIME-SHARES UP UP UP (K) INDUSTRIAL (A),(B),(C),(I) INDUSTRY,CUSTOM — L-7 INDUSTRY,LIMITED ••. L-7 -•• INDUSTRY,MARINE-RELATED --- UP UP (E) ACCESSORY USES (A),(B),(C) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP TEMPORARY USES (A),(B),(C) ANIMAL SHOWS P P P (H) CHRISTMAS TREE/PUMPKIN SALES L-8 L-8 L-8 (B) CIRCUSES AND CARNIVALS P P P (H) COMMERCIAL FILMING,LIMITED P P P (H) FAIRS AND FESTIVALS P P P (H) HELIPORTS,TEMPORARY L-8 L-8 L-8 (L) OS26105 Page 20.43-7 Specific Plan District#6 Cannery Village/McFadden Square Cannery Village/McFadden Square Specific Plan District: Commercial Land Use Regulations P = Permitted UP =Useperiat PD/U=Use permit issued by the Planning Director L Limited(see Additional Use Regulations) -- =Not Permitted SR RMC RSC Additional Regulations OUTDOOR STORAGE&DISPLAY,TEMPORARY P --- P (I) REAL ESTATE OFFICES,TEMPORARY L-8 L-8 L-8 (B) RECREATION AND ENTERTAINMENT EVENTS P P P (H) TRADE FAIRS P P P (H) Cannery Village/McFadden Square Specific Plan District: Additional Commercial Land Use Regulations L-1 Limited to above the first floor,where the first floor is occupied by a permitted use or use permitted with a use permit. L-2 Business and professional offices not providing services to the general public or not ancillary to an otherwise permitted use, such as corporate offices, shall be permitted only above the first floor. L-3 Limited to businesses retailing in goods generally oriented to the casual pedestrian shopper, including antiques, books, clothing, hand crafted items, hobby materials, jewelry, stationary, and works of art. All other uses are subject to the approval of the Planning Director for compatibility with the objectives of this district. L-4 Marine-related facilities permitted as an incentive use; other facilities in this use classification permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L-5 Marine-related facilities permitted with a use permit as an incentive use; other facilities in this use classification permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080:Marine Incentive Uses. L-6 Permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L-7 Permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. . osnwos Page 20.43.8 Specific Plan District 46 Cannery Village/McFadden Square L-8 Subject to the approval of the Planning Director. (A) See Section 20.60.025:Relocatable Buildings. (B) See Section 20.60.015:Temporary Structures and Uses. (C) See Section 20.60.050:Outdoor Lighting. (D) In areas designated for commercial or retail uses and subject to a variable floor area ratio, residential uses are permitted on the second floor or above only.No residential uses shall be permitted in the commercial area subject to a fixed floor area ratio, specifically the shopping center located immediately southwesterly of the intersection of Newport Boulevard and 32nd Street on Parcels 1, 2, and 3 of Record of Survey 35-25 filed with the Orange County Recorder. (E) See Section 20.60.070: Waterfront Development Regulations and Section 20.60.080: Marine Incentive Uses. (F) See Chapter 20.72:Eating and Drinking Establishments. (G) Independent massage establishments not permitted (See Chapter 20.87: Massage Establishments). (H) Special event permit required,see Chapter 5.10 of the Municipal Code, (1) See Section 20.60.105: Outdoor Storage&Display. (J) See Section 20.60.085: Uses Requiring City Manager Approval. (K) See Chapter 20.84:Time Share Developments. (L) See Section 20.60.055:Heliports and Helistops. (M) See Chapter 20.89: Alcoholic Beverage Outlets. 20.43.050 Commercial Property Development Regulations The following schedule prescribes development regulations for the Cannery Village/Mcl:adden Square Specific Plan District. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. osrzsros Page 20A3-9 Specific Plan District#6 . Cannery Village/McFadden Square Cannery Village/McFadden Square Specific Plan District: Commercial Property Development Regulations SR RSC RMC Additional Regulations Minimum Yards: Front(ft.) 5 5 5 (A),(B),(C) Side(ft.) --- --- --- (A),(B),(D) -Abutting a residential district(ft.) --- 5 --- (A),(B),(D) Rear --- --- — (A),(B),(E) -Abutting an alley(ft.) 10 10 10 (A),(B),(E) Bulkhead/Floor Elevations 9 9 9 (B),(F) Maximum Height(ft.) 26 26 26 (G),(H) Maximum Floor Area Limit 0.50 0.50 0.50 (I) Landscaping (J) Off-Street Parking and Loading (K),(L),(M) • Signs (N) Residential Uses in Commercial Districts (0) Cannery Village/McFadden Square Specific Plan District: Additional Commercial Property Development Regulations (A) See Section 20.60.030:Extensions Into Yards. (B) See Section 20.60.070: Waterfront Development Regulations. (C) Those through lots on the Newport Boulevard "islands" shall maintain a front setback of 2.5 feet on each frontage. For commercial properties on West Ocean Front, no front setback shall be required. (D) 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. (E) A rear yard setback area of 10 feet shall be required on the second floor for residential uses in a mixed use development. . 05126105 Page 20.43,10 Specific Plan District#6 Cannery Village/McFadden Square (F) Finished floor elevation for all new structures or addition to an existing structure other than floor area used for parking, shall be 9 feet above mean low water level(8.67 NAVD 88). (G) See Chapter 20.65:Height Limits. (H) The height limit for all buildings another structures on a site within the SP-6(SR), SP-6 (RMC) and SP-6 (RSC) districts shall be 26 feet. For structures constructed with the ground floor at or above 9 feet above mean low water(8.67 NAVD 88),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: I. 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 protected. 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. 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. 6. The maximum height in all districts shall be measured in accordance with the definitions contained in Section 20.65.030. (I) See Chapter 20.63:Floor Area Ratios and Building Bulk. (J) A minimum of 5 percent of any exterior paved parking area and a minimum of 50 percent of the area of the required front yard setback shall be devoted to planting areas. osnG/os Page 20.43-11 Specific Plan District#6 Cannery Village/McFadden Square(K) See Chapter 20.66: Off-Street Parking and Loading. (L) Industrial uses shall provide 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, no minimum number of spaces required. (M) Visitor accommodations shall provide 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. (N) All signs within the Cannery Village/McFadden Square Specific Plan District shall comply with the provisions of the Balboa Sign Overlay adopted by Ordinance 2000-22 on November 14,2000. (0) 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 20.63. 3. The commercial or retail portion shall be limited to a floor area ratio between 0125 and 0.50. 4. The residential portion of the structure shall be limited to a maximum floor area ratio of 0.75. 5. Parking for the residential use shall be provided on-site with no exceptions. OS/26/OS Page 20.43.12 Specific Plan District#6 Cannery Village/McFadden Square 20.43.060 Residential Land Use Regulations A. Land Use Designations. The following residential land use designations are established: 1. SP-6(R-1)District. 2. SP-6 (R-2)District. 3. SP-6 (MFR)District. These designations preserve the existing residential districts within the Cannery Village/McFadden Square Specific Plan District, and maintain the development standards that have guided the orderly development of these districts. The designations, locations and boundaries of these uses are delineated upon the map entitled "Cannery Village/McFadden Square Specific Plan District,Land Use Plan Map", which map and all information and notations thereon are made a part of this section by reference. B. In the following schedule,the letter"P" designates use classifications permitted in the Cannery Village/McFadden Square Specific Plan District residential areas. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Cannery Village/McFadden Square Specific Plan District: Residential Land Use Regulations R•i R-2 MFR AddItkaal Regulations RESIDENTIAL (A),(13),(C), SINGLE FAMILY RESIDENTIAL P P P MULTI-FAMILY RESIDENTIAL -- p TWO-PAMILY RESIDENTIAL P COMALERCIAL (A),(13),(C) osnt1os Page 20.43-13 Specific Plan District#6 . Cannery Village/McFadden Square Cannery Village/McFadden Square Specific Plan District: Residential Land Use Regulations R-1 R-2 MFR Additional Regulations VEHICLE/EQUIPMENT SALES AND SERVICES -COMMERCIAL PARKING FACILITY UP UP UP ACCESSORY USES (A),(B),(C) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP Cannery Village/McFadden Square Specific Plan District: Additional Residential Land Use Regulations (A) See Section 20.60.025:Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60'.050: Outdoor Lighting. 20.43.070 Residential Property Development Regulations The following schedule prescribes development regulations for the Cannery Village/McFadden Square Specific Plan District. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses, in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Cannery Village/McFadden Square Specific Plan District: Residential Property Development Regulations R-1 R-2 MFR Additional Regulations Minimum Yards: Front(ft.) 5 5 5 (A),(B),(C),(D),(E) Side(ft.) 3,4 3;4 3,4 (A),(B),(C),(D),(E) Rear --- --- --- (A),(B),(C),(D),(F) -Abutting an alley(ft.) 5 5 5 (A),(B),(C),(D),(I-) Other property development regulations (F) • osneios Page 20.43-14 Specific Plan District 116 Cannery Village/McFadden Square Cannery Village/McFadden Square Specific Plan District: Additional Residential Property Development Regulations (A) R-1 and R-2 Districts. Each side yard shall be not less than 3 feet wide on development sites 40 feet hide or less, or 4 feet on lots wider than 40 feet;provided,that the side yard on the rear 20 feet of the street side of a corner lot,where there is reversed frontage,shall not be less than the front yard required or existing on the adjacent reversed frontage. MFR District. Each side yard shall not be less than 3 feet wide on sites 40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet; and shall be equal in width to 8 percent of the average lot width for lots 50 feet or greater in width;provided that in no event shall a side yard wider than 25 feet be required; and provided further that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage,shall not be less than the front yard required or existing on the adjacent reversed frontage. (B) See Section 20.60.030:Extensions Into Yards. (C) See Section 20.60.020:Accessory Structures and Mechanical Equipment. (D) [Reserved]. (E) See Section 20.60.070: Waterfront Development Regulations. (F) Development in the SP-6 (R-1), SP-6 (R-2), and SP-6 (MFR) Districts shall meet all other development standards for their corresponding base districts specified in Chapter 20.10: Residential Districts. 20.43.060 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. 05126/05 Page 20.43-15 Specific Plan District#6 • Cannery Village/McFadden Square 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 percent of the funds for this project will come from the General Fund; 10 percent from the Off Street Parking Fund; and 24 percent 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. 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. osneros Page 20.43-16 Specific Plan District#6 Cannery Village/McFadden Square 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 percent of the funds for this project will come from the General Fund; 25 percent form Gas Tax funds;and 9 percent from the formation of an Assessment District. 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 osn6/os Page 20.43-17 Specific Plan District#6 Cannery Village/McFadden Square 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 II). Construction on Phase I is anticipated to commence in 1988-89 with completion in 2 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 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. OS/26/OS Page 20.43-18 Specific Plan District#6 Cannery Village/McFadden Square 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. 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. osnWos Page 20.43-19 Specific Plan District 46 ' Cannery Village/McFadden Square D. PRIORITY IV: IMPLEMENTATION WITHIN FIVE TO TEN YEARS. 1. WIDEN NEWPORT BOULEVARD BETWEEN 30th STREET AND 32nd STREET. This is Phase II 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 34 percent of the funding for this project will come from the City's General Fund; 33 percent from Gas Tax revenues; and 33 percent 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. 3. MCFADDEN SQUARE PARKING FACILITY. This project involves the acquisition of land and the construction of a parking facility to serve approximately 250 cars in McFadden Square. It is proposed that approximately 25 percent of the funds for this project will come from the City's General Fund; 8 percent from the City's Off-Street Parking Fund; and 66 percent from an Assessment District formed for this purpose. 20.43.090 Review of Plans SP-6 (RMC) District 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 Chapter 20.92. osns/os Page 20.43-20 Specific Plan District#6 Cannery Village/McFadden Square MAP osncros 439-02 & BR/S70L •..n!?at/ Raew" ' - S7REET— s T ACT ( w m PAl. GE�:;MAY� _ 5-764�'�sP�S•%1�§ E t O l 37 ..4 H i :�'; 4 ' PI1P'79-} .F r� T s }• 1 . 3' .•� UV 12$ a�jRWELT939.69N .�a• I cx' •' I 24 I• •• I a5' 2 3 4 'i5 0 1 23- . —9 .O %1 /2 /5 Tz.vi•K ��'�) —. —�� L-- r / uPS'9.98P 2B -__a .• '1/N•T' o 20 /s-1---18 za74c,n /6 >�•is . 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O COPYRIGHT ORANGE COUNTY ASSESSOR 1999 P^ 119-20 1"_ !00' PAR LOT 49i TRACT `� UVAq uvli17 1 ; UV4373" ; ; �9z2 NEWPORTi BEACH GOLF COURSE LO/40 1 l9y2 " y •J`.:' 1 POR 40749 I LOT47 I LOT46 i LOT45 I 'LOT44 I Lor4 i LOT 42 1 d• s < I I 1 • 1 I I 1 O 682AC i I i /gs2 a v b •.l¢`' I I I 1 I � I D II Ac C� G LOT4/lu (. I Q POR LO;4$ �T S. 'W/, -"•`^��e"``^`^`- _ :•r.... .. I 1 I 16'� /i6Z c ST .• MOAND SrJ •`%'k.t "• IaCAC/A — PUS RIVE to T-------r—___— .. __ 1 i PM 179-48 @ H. 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' 7-1-0 a x• m• TRACT ea W •a 1 ICq(cl t y� x 19 �, 'm. • " W h 5 A LOT 76 r' - • �'- 1 '1 � i 'T ! � � i _ 1qq1,•� R375-6a O LOT KO LOT 159 LOT 156 LOT L57 LOT 156 LOT 155 LOT 711^ti.i F 21 0 ai A �Of e O 6O 7O 8O 0 10 if 12 13 14 15 `76 77 18 '7 LNS147 Lor ts2 \ ` b aa�31 3 O 3 N1 371 w o �la y CYPRESS STREET t M LO CA ,O Tua Iva '1l• a � I . a• m � � LOT 163 W W W y, BI. O A�O � -9.7 AD ➢J - � \� N � �T O�. QU Q ,1/ 21 a MI y LOT 165 LOT 166 LOT 167 LOT 16 LOT 169 LOT n0 LOT 171 1 U."� 6O 7O SO O t0 fl 12 13 Y ' 14 15 76 tl 78 79 $ y Lot n2 O . U) m ^ "THEMM" /LOT res 5 yP� y372oMY TO NO.,706 `" a W 11 tkSES.N07 TO BE REPRODUCED. ALL RIGHTS RESERVED. -" .^•O 04 OCOPYR1GHT(MNGE COUHTroS$ESSOR 1992 MARCH W4 TRACT-NO" 706 UK 21-25 NOTE - ASSESSORS BLOCK 6 -ASSESSORS MAP SEP 09 693.r PARCEL NUMBERS BOOK 439 'PAGE 37 - SHOWN 1N'CIRCLES COUNTY-OF ORANGE THIS NAP VAS PREPARE.PUR ORANGE T RS -5 I - C�a1 -o 439-3 8 COUNtrTHE ASSESSOR ES H PURPOSES ONLY. TN£ASSESSOR NOR S NO GUARANTEE AS TO /iS OTHER S. ASSUMES ANY PRODUCETY 1 AFDRLL OTHER USES. NOT i0 Bf REPRODUCED. ©'Z ALL RIGHTS RESERVED. { / � 0[OP)RlGHT ORANGE COUNTY ASSESSOR 2000 e• \ /� � UP3292 � v UP3'f 56 39 1'= 100' OV499'lde- CIO ( L200b.-O3j9 UP351a \xN � . . r W 330.0 'V6lL1 TRACT P�gqq 8 _ c N A ?a9gol7 W pp Zobl Q LOT too - - ;. -L/O/ /1 J ?,OR/ � � Q+ LOT 97 LOT 95 PRO•pCT 9J0-88-499-5 LOT 92 a 7 2O V76rj(1 LOT 99 LOW 98 ° = PAR. 21 I > LOT 93 v 77 GPI Ii� UY(n0$2 " M1 o A Z20 At ¢ m?' 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PLOY MARPURPOSES U ^ l COUNTY ASSESSOR ES N WARORES OMY- THE ASSESSOR uAKER NO IXIARANTEE AS TO 4'J9—Z 9 FITSOR OTHER US NOR-ASSUA@S ANY LIAB/GTLY J ALL OTHER ORES. NOT`TO BE FEPROOOCEO. r`/ 1 _ I] ALL RIGHTS FERANCF (/y� 51 6)LOPYRLCHT ORANGE COUNTY ASSESSOR 1997 `~SLOPE Esur. UL451 pAll UV 5161 jtivgwL5 W_J7i "PAIZ(17 \6 ----------------- a t L o % UV5W6 i VV'7$q'} - -'�DP39'FS Nn25 oa ZF 2T LOT 56 LOT 5R LOT 54 LOT W I LOT• 52 1 b.5 3 rl 1.655 AC. 58 O 3O aO �O UY4-31O0 b i UVE'.tflo� PAR fJ°n, �i3 Rs ease 391 to 87--Z7P1 59 60 O [A W N ap I� V PAC 2tl-20 I LO7 50� yV ' n.n• m re Ae �. � I 6 ev xv ACAM- it. . STREET 1{" . .BOO n " /Ph58o/LOT&I 7' ( � I�1 ti O « n•i p .. �)pn(yt - u'l _ of O T x°= to n P tll 030 d' ( LOT ¢� N N N -4482 I I 1 b T ' LOT 407 66 LOT 67 LOT 68 1 GOT 69 LOT 70 I LOT 71 !KI &oll (D _v i(LI z0 o.-, ' 0N3�FU�� -?A=I 0 D o3 3-LOT"Rae {�.. -�. -. 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OTIF-,4SSESSOR -BLOCK el 07, L NVhW9RS p 4JES V/1 "SHO-1 '_)4:lNCtR 1 -N Z) 1 442-28 MIS Amp NAS PREPARE,FOF ORANGE COUNTY ASSESSOR,£PT. PURPOSES OMY. INS ASSE55C NAKES NO GUABAN!£E A5 TO C RAGE { OF 2 ITS ACCURACY NOR ASSUMES ANY LIAR/CITY 43sO2 : FOR OTHER USES. NOT i0 H£R£PROOUCSO. 433Q3 + .ALL RIGHTS RESERYEO•0 COPYRICFr ORANGE COUNTY ASSESSOR 199B- I BOOMBT 77?AC7- 7RACT 1 -__—r-- 1 i 283 Mgr. j I L.1 4O hCt/23621 1 LSOIAO IFRaEL'T AiPBO " uj oc • n - 1*1 M-B25 ipM7T Ile PAG M! Aasx.. PLACE SEE' CR � BAY: ^ 3v MNE 3 _ 'o'.• y a LOT 2 7R4CT c - � 'yv' S ,A6l6Aa N t LOr B . 13 z.45Aa28 ,- - .p� . ' o v -�• /NE _ V S 11 all .• �. rya LOT 6 ,035A •� 7-�-a3 r q� 2.041Aa 10 - 5.72 AC. LOT 4 " LOI 3 - aK51 �°`� GA3AC l 0 MI 1 tlJ'' 281 6 O. 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MARCH' 1974 77?4CT NO.. 1499 MM.44-47 "TRACT NO. /500 �'J PARCEL NUMBERS ' 90OK439 PAGE 02 MM.45-39 .rTRAC Na 1506 M.M.47--19 SHOWN IN CIRCLES COUNTY OF ORANGE n cn> 11 Al a/ /F FEI 0 1 1991 ' ro o I t j �io� 43§,:` F ~ ' /O '��qn 32 9 r�yy;; jh j /ioro• 32 ;.rv+% .. - •11 G/ Xx/All O 3T /O O Q t 28 O t •O 3/ /0 i 4 30 29 t . t . 5 s 2912 M CV y as• 3a a t O •:. . . •S /9 4 2B/3. /iszr 26 N "• .: .� p GWCRARD 'a : rr iii.la 14 2T } v OR/l/E v 23 O ✓ ` 23 8 t_ t 32 /5 o r O26 __ •. ... - /5 3/ /6 - f O V +; . 2. 2 � e 2i 10 a /es>s• �.� -;'x'=%'',a _ 30 1 - n t p n o L'R DRIVE a 2 3. ? a O I t 20 ,•_29 16 11 ' 20 it / sii•, �° . 23 e N 4- a 19 I2 a ° O I� o n :i.'.•e. �k•� •,4FF//OIl7/lj 16 ze /6 v r Is f 12 ilia' 2a ...,t.'3 t GN 1 iiS•d4A) NO /506 �5 V / 2) 20 9s' J ie. 2' p 13 9 3.' `-�'•I• r'/� Q��£o� O vi 26 / 2 3 � Q iE45 7 7e•6 -V7076 .1�J NOTE-ASSESSOR!S-,oj;,(ik z" / 4 LOT'NUAIBERSI6 15a 17 15 14 v N.•/5SHOWN rN GRC�MARCH /974 ii zzca•/s R •aiP - x 11NQ /50/_ ` ASS€SSORS 61AP' +f 900K 439 R?GEQ4iY;- TRACT NO/500 M.M 4�39 $ "AZURE AVENUE $ •"couNrY c�•7i' " TRACT NO /506 M..M.'47-/9 ,.;.: . TRACTAb /50/ =M.M.50-/6 r f® •TRACTNO./507 M.M.5/-/5' " 04 AZIJy - •AVENUE 4c '�'. 1:5..'.-•:`::xa,.'w� N y v f�1 tit_ .i 9 ' . •!.;-. - N O q f_ Cj . O ' '� !V ,i <O' /3849' - �h�`.-�•`, ' �• �y" Q .� aQ" . �� \ . lo u Iz '* 13 n 8 /l/O . . . :; .,��,,,•:• 1500 /5 r's4 s>im •'/ 36 33 .�.'.. 4•. a. /9-Tcsc - /O />s�' 33 32 - • � � 37 a 36 - 35 34, o• 33 A�, 32 g56 3/ � Q = 5 �n 39 So 4o- as 4 16 n ao v ORCHID HILL PLACE & S o B 3O�/ /�. _ sO 3 ' r' ''y,"::. k�o:.y:�;,3" / Via'. za ' ; 90 t, aer 49 'V ' �� /•� � O N . . '<o_%y.G:�,.:;h,:•n r. "I''Ib' 41 n 42 0 43 44 45 46 .% 9p o>v`h17LZ9 /B >924'/9 20 2/ 23 M` s9 2B 21 26 24 i /3Bs415 it- 48 .g x $ /l28 10 `i..?'..'.'.t 3� - n BAY FARM E v i` " = ;�27 Gpl So-1 / 7 O a 1 h 4 54 ♦/�3 6R23' 3' 36K' � 25 _ = O �?�••. 2s 59 0 60 q .m 3 6 32 /O'` 33 >Bcs' 34 35 36 , 3)cxsc' O - >S' cs.>s •: 44 43 42 4/ 40 O l /m' 2 23 /3s' J c 67 66 65 64 ® 62 p 61 se• 24 / 22 t/[,/+Q, j07 R o 23 _ �n 70' 6 /1r T j az• c.3 a b MESA DRIVE MAR 0 219 e q NO7E-A55ESSOR'S BLOCK & TRACT NO. 1500 �9� MM 45-39 ASSESSOR'S MAP MARCH /974 O5 PARCEL NUMBERS- - BOOK439 PAG7 i TRACT NO /50/ /P M.M. 50-/6 _ TRACT N0.6907 M/N 237-40,4/ 'SHOWN IN CIRCLES COUNTY OF Ok..-.:;E• F r. 37 04 ' S �-= s MESA itidncEa roT•r 1 �� r -a I . �zT of NEvJrS3CFF- t7F%�� b— QRNE �Gy /RV/NE V— u• 29-3 •�. k�37' POR.LOT 152 - H R t O N - O•.• `: s 4 �..V� b 1022 AC(G b1< . 0 0z d • 3.647AG(G r� E743A (C) 1. 2202/AG(G 0 /OC P.rt[2/-8 35O C(G bao • j 9 =��` iO . p SUB. U ' c 44o-14 APR 2319 •• - NOTE-ASSESSOR'S BLOCK & I ASSESSOR'S MAP PARCEL NUMBERS BOOK439 PAGE05 ' MARCH /974� ,��,y , /RWIVE " SUB. MM. 1-8t -� SHOWN IN ORCLES COUNTY .OF c SE ` ' + 'PARCEL MAP PM. 26 _ : _ s<�. is �s WfS NAP WAS PREPARED FOR ORANGE f L COUNTY ASSESSOR PURPOSES ONLY. pay Q C 1 . CTHEO ASSESSOR NAKE$ES TN. GUARANTEE A$ •ff� J 439—"06 ITSOR ACCUOTHER s. NorASS To ANY LIABILITY FOR OTNER USES. ED. TO BE REPRODUCED. ALL R1GN75 RESERVED. 0 COPYRIGHT ORANGE COUNTY ASSESSOR 1998 \0 d1FSA I f . °�iT9'4CT �o� r �� l f' = foo' gepga, 14 1 10 NOTE — ASSESSOR'S BLOCK 1 " , / 1 PARCEL NUMBERS f SHOWN IN CIRCLES- ASSESSOR'S MAP _ Q. BOOK 439 PAGE 06 fq` fia I 061 9i \ COUNTY OF ORANGE o CGUMAM RORkiak ' F• _ ' 'o� \ ` z'OC z7� \j\ �oO O �� ME3AMUYU BNiY ,{`�JSYS'N._' a kLLdIGX1SflEs&w, TGEflFPfl0011cm VA"81'"R i0p "X•xKinfOFiHNGG IYPSSESyixlin 45141r.- Yblo MARCH 197• y . 4 IRVINESUR. AM N :IUC 0 5 I994 440-1 7RACTN0. 70B MM27_k„ • -- -:7• PARCEL MAP PM 9-17 - . . . . .q_ -- s`ram � THIS NAP IAS PREPARED FOR ORANGE I•�}\ s l i 9 3 q COUNTY ASSESSOR OEP(. PURPOSES ONLY. A)j THE ASSESSOR NAMES NO GUARANTEE AS Y. j•+ ITS ACCURACY NOR ASSIABS ANT"' A' TO / FOR OTHER USES. NO(TO BE REPRODUCED. ALL RIGHTS RESERVED. /1 000PYRIGHT ORANGE coumrY ASSESSOR 1998 CA � /1, 100' forva 35 r �— aria-N1 TRACT71 CRT f i 172-7Z v 1744- VP8101 1 b ��3 (A,•?7 Wya3s "• 11 I 14 219 Z a VA78-7 a. 74-1�rP.. 99 yr d4np� I I / y76-z e w Al-74-4 ioi?51 g 1' LOT 15, LOT ISo 341 ` ; or 143�AP8D_9P W AC79—Z 1 LOT us tat ue LOT 147 - I a y bs _9 7 $ Q 75 SP81-3bP„ 7H— UP3o8� O< O pO °O " o g. iz LOT 146 i PAL LOT 145 I pgg60o27 A-C-7`I-7S VI/� 13 I vs• s L6N M 11P77..7�i lU L607 AG I I 7PYng6—IfoS 223D n 0 j b C3 N N O N j N N .PoR. 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W v f'��F.d '.�:-;r,- - ' fig.. • -w B. 5E. - . . - �1 4 ��"'..:b' J Onn I' /s6ac P"r .35 Y4>�n�r; •j µ,•��.J.,., i, - •',M1• svae 'nno llep l�kS PP.EPA3FO FfiR 05ANGE - - ' ?URFOSEB DNL�. - -I 40 ' e•.[i' _ .• ('(•+••'-� v rl F S7 - 6).2/AC ' - '":-\ � 3 -fCr•?P;rp430�IiD.45SU1h�AYlA01llIY .- I - ` ar"' +;'i�.'%are sec ii-�:3� ki'�THEP 4SG4.�Ti09E flEPq 0U,U9ED .. . .. . .( LK,3/ le :'•.-_:.-.:':_ts: � 0PAt7GE000NY ASSESSOR1999- O,' •'Ftr•/ C*' H 4962A=),-: ro : I S . .iq.t;7.w,Kt',t.-"'Sr9AG - - ''J: _ - - � .lam � . r�p ::•NFtd--3 �'^`�i' :i �!';" -�+�.>•' pTE: SSES50 'S. LOCR & ./�'�- - SSES$ R' A -"+'i1' `-�'+=�' _ n�x '1 f 0 4S@.vNh•n -973 r K' VL .i C �r-<-��j�r -BB�- - 4S O(�r :IN." C�� :•i•:� ��r/y:O{�� '•JG6_ ,..-.'. Qw:....,',.:,s'"_ M,�✓Y•/ - s:: .li Ef�T .Clg LES.,.:--'.-� CN1tj(.Y_.�%-n .en• _. .. _. y.te. >, t .. r".z:: ., .-,�� .EO.G:-"- .6 -'[Z:IJr.i� iv ..=:C ':3 .§•:''<.� •. ♦+i. 442-28 •• TH(S MAP•NA9 PREPAAEO FOR ORANGE + '� - � �i:. COUNTY A95ESSOF OEPI:PORPOSES ONLY. ' ' - ` °:" - - - THE A95ESSOR MaNE9 NO BUAFANTEE AS TO �� - � � � - _^ - - � PAGE 1 OF-2 L//S'ACCURACY NOR ASSUMES ANY LlAB1CUY.: - Fd4 OINER USES. NO! TO•BE REPROOUCEO. - � 439;OJ' - 43}OZ; .ALL R/CHTS RESERVED. � o � � �. .: •. - o COPYR/GH!ORANGE COUNTY ASSESSOR (99B - ';` � � J_GIXAPT—'�: _ ` 7RA1CT r BA)'C/1ST ----- I ,c ..y Itir-'---"Y I a.BfAC 'ASSDL'IAINAN i O ti - - _ PROA�RTY .i I. LOTO I 1 • _ ;t 11'{�. L l <,�iv , -� - -I + -o-W12 '4- L50/A41FT9d -926 �•.111' 73 ;} s` I Y' SEE PAGE 2 i S86AL: I I CRYS#4 BAY* a PLACE a^ 6 I' 2do . TRACT 13 'arsi 4� 2676AG T+ ho 12528 ' LOT 5 •O .. ( yb 2. 4 45ACv. P :0./SAC U/NE ep �� / 282 4 .1 �{' -r., :' '/- • LOT 6 a 4 -imev� 1 '- - .- •,EQ -_, �=x= CY•-��V�'� ,f035A.' 11 ,4'"�?- -. T17-'-O3 ;v� 2.04/AG Y°40T7 J I. •I - 'L,- y1r033Z 10 �• !+ Ijv �Y 1 5,72 AC. LOT 4 C7NE OS Y L LOT 3- d 44� 3.595AC. - ,• .. ' •4,34AG je Po NO. 12528�� _ - sr. 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IRIAN£ SUB. `/`fM.M. /-BB '' - • - - M46T NO IZ362 {M.M. 551 36,37 -NOTE -.ASSESSOR'S BLOCK d - A ESSOR'S-MAP MARCH 1979 TR4CT N412528_ - dM. 551-38 To41INC. _ PARCEb NUMBERS •B -9.442 'PAGE 28 �UL-o-6 • . - . , TRACT(N12529 N.M 551-42,43,44' .r- "' _ 14QWN IN CIRCLES �C UNTY OF ORANGE � _ Page 20.44-1 Specific Plan District#7 _ --- -Santa Ana Heights CHAPTER 20.44 SPECIFIC PLAN DISTRICT#7 SANTA ANA HEIGHTS Sections: 20.44.010 Establishment of Specific Plan District-Santa Ana Heights 20.44.015 Purpose 20.44.020 Design Guidelines 20.44.025 Land Use Regulations 20.44.030 Open Space and Recreation District: SP-7 (OS/R) 20.44.035 Residential Equestrian District: SP-7 (REQ) 20.44.040 Residential Single Family District: SP-7 (RSF) 20.44.045 General Commercial District: SP-7 (GC) 20.44.050 Business Park District: SP-7 (13P) 20.44.055 Professional and Administrative Office District: SP-7 (PA) 20.44.060 Professional, Administrative and Commercial Consolidation District: SP-7 (PACC) 20.44.065 Planned Development Combining District: (PD) 20.44.070 Commercial Stable Overlay District: (S) 20.44.075 Public Improvements 20.44.080 Discretionary Review and Amendments 20.44.010 Establishment of Specific Plan District-Santa Ana Heights A. Specific Plan District. The provisions of this Chapter shall apply to all parcels within the boundaries of Santa Ana Heights Specific Plan District#7, as shown on the "Specific Plan District #7 Land Use Map" (Exhibit 20.44-1), incorporated herein and designated"SP-7" on Districting Maps No. 34,42,61, and 67. B. Redevelopment Projects. Redevelopment projects within the Santa Ana Heights Specific Plan District shall be governed by the provisions of Chapter 15.65 of the Municipal Code. C. Modified Street Standards. In recognition of the unique semi-rural character of Santa Ana Heights and the fact that the area was annexed to the City after streets in the area were constructed, modified 1 inoim 11 J ww RC :'Al, Prof&Admin.011ke �� ml f7 ' =Ing Distacl wt' �♦ �: r 1 Page 20.44-3 Specific Plan District#7 Santa Ana Heights 20.44.015 Purpose The purpose of the Santa Ana Heights Specific Plan is to provide for the orderly and balanced development of the community consistent with the Specific Plan's adopted land use plan and with the stated goals and policies of the Land Use Element of the General Plan. In carrying out this goal, the principal objectives are as follows: 1. Encourage the upgrading of existing residential neighborhoods and business development areas. 2. Ensure well planned business park and commercial developments which are adequately buffered from adjacent residential neighborhoods. 3. Encourage the consolidation of smaller contiguous lots in the business park area. 4. Ensure that business park and residential traffic are separated to the maximum extent possible, while minimizing impact upon existing parcels. 5. Ensure adequate provision of public works facilities as development occurs. 6. Enhance equestrian opportunities within the residential equestrian neighborhood. 7. Enhance the overall aesthetic character of the community. The preceding goals and objectives have guided the preparation of this Specific Plan and are incorporated into the various components of the plan. 20.44.020 Design Guidelines A. Introduction. The intent of the Santa Ana Heights Specific Plan design guidelines is to promote a consistent, high quality character of development that will result in the overall enhancement of the aesthetic character of the community. Use of these guidelines in future project approvals will implement these objectives through the careful use of building forms and materials, streetscape concepts, setback and buffer areas and a unifying landscape concept. Combined, these elements will provide a sense of identity to the specific plan area and development which will complement existing and surrounding land uses while minimizing business park development impacts to the adjacent REQ District. Consolidation of single lots within the business park area of Santa Ana Heights can provide for more flexibility in the design of office development, thereby enhancing the aesthetic character and cohesiveness of the development. Lot consolidation is encouraged within the business park area through the inherent benefits obtained when developing on larger, consolidated parcels (e.g., the ability to dissolve setbacks along interior lot lines and to design more efficiency into 11/20/01 Page 20,44-4 Specific Plan District#9 Santa Ana Heights parking areas), which will provide better business park development with fewer driveways and improve the overall community vehicular circulation. B. Architectural Guidelines for Business Park Uses. Due to the proximity of the areas designated for business park uses to residential uses, it is the stated objective of the City to provide architectural guidelines for business park uses which will blend with and complement the residential areas of the community. In order to achieve that goal, the following guidelines will be of prime importance in the consideration of future development proposals. 1. Building Massing/Form. a. Bullding facades abutting streets shall not have the appearance of excessive massing or bulk. The use of grading techniques and grade changes should be considered in order to minimize mass and bulk of buildings. b. Special consideration shall be given architecturally to emphasize pedestrian areas such as entry ways, walkways, and courtyards/plazas (e.g., trellises, low parapet walls, extended roof or patio overhangs). C. Buildings clustered around a pedestrian area, such as a courtyard/plaza, shall be designed to minimize excessive shading and maximize light exposure. d. Long, uninterrupted exterior walls shall be avoided on all buildings. For architectural interest, walls shall incorporate relief features, including building elements, articulation, window treatment, and negative space to create an interesting blend with the landscaping, other buildings and the casting of shadows. Incorporation of small-scale elements such as planters, installation of mature landscaping and landform manipulation will aid in softening the overall mass of structures. e. Particular consideration as to color, material, and form shall be given to the design and treatment of roofs because of their potential visual impact. f. Roof flashing, rain gutters, downspouts and vents shall be treated to match materials and/or colors of the overall building. All roof equipment shall be screened with materials/colors consistent with the treatment of the building. tanorot Page 20.44-5 Specific Plan District#7 Santa Ana Heights g. Utilization of windows and balconies shall be encouraged in order to extend interior space to the outside and to create a visual connection with the exterior setting of courtyard or plaza areas. However, usable balconies and unenclosed outside stairwells shall not be used on walls facing the REQ District. h. Walls and/or fences shall be used to screen utility and maintenance structures/facilities and storage areas. These surfaces shall match or be in harmony with the exterior finish of any structure with which they are in contact. L Radical theme structures, signage,building and roof forms shall be discouraged. 2. Exterior Building Materials. The following shall be used as predominant exterior wall materials throughout the business park area. A combination of these materials is encouraged to soften and add architectural variety and interest to building facades. a. Wood. b. Brick, stone,rock or other appropriate accent materials. C. Architecturally treated concrete, concrete masonry, and block. These materials are to be painted or integrally colored in tones ranging from whites to earth tones. d. Stucco, with a machine-applied or smooth finish in natural gray or colors ranging from whites to earth tones. Accent materials and colors shall be coordinated to achieve a continuity of design with the overall structure and surrounding structures. 3. Glazing. The use of glass shall be subdued and in harmony with the building and the natural surroundings. Glazing shall be used predominately for the purpose of lighting interior space. Glazing shall not be used as a major architectural element, but may be used as an accent feature to add variety to building facades. Mirrored glazing shall not be used. 1 v20/01 Page 20.44-6 Specific Plan District#7 Santa Ana Heights 4. Building Entrances. a. Site access, entrance drives and building entries shall be readily observable and,invidng to the first-time visitor. b. Care shall be taken to provide minimum conflict between service vehicles,private automobiles, and pedestrians. C. Building entries shall be integrated with overall building form and should be highlighted by such features as: -entry porte-cocheres -inviting pedestrian spaces such as plazas and fountains -special planters and plantings - textured hardscape 5. Building Rooflines. a. Roofs may be sloped,in a hip,gable, or shed fashion.Flat roofs are permissible. b. Simulated wood and slate materials, lightweight concrete and tile roofs are encouraged and must meet Building and Fire Code requirements. Highly reflective metal roofing material is prohibited. Asphalt and fiberglass materials are permitted only on flat roofs where screened from view. C. In all cases,roof-mounted mechanical equipment shall be screened from view from the adjacent streets and adjacent REQ District residences with materials finished to match materials and colors in the roof and building. d. Uncovered trash enclosures shall not be located any closer than 40 feet from any property line abutting the REQ District and no closer than ten feet from any side property line and shall not exceed a height of 8 feet maximum abutting the BP District. 6. Energy Considerations. Passive solar design orientation is encouraged. Solar collectors, if used, shall be oriented away from public view or designed as an integral element of the roof structure. 7. Sound Attenuation. All interior building areas shall be mitigated for noise, consistent with the General Plan Noise Element. 11120101 r- tl r- .r• r r • r .r r r _ •r :• r. Page 20.44-8 Specific Plan District#7 Santa Ana Heights C. Landscape Guidelines. Landscape design is a crucial element in achieving a distinctive development character and in blending the development with the existing character of surrounding land uses. This character will be reinforced through the coordinated design and selection of landscape and paving materials and emphasis on special features such as entryways and signage. The overall landscape and buffer theme for the specific plan area is illustrated in Exhibit 20.44-2. Guidelines are specified herein for the following landscape components of the plan: • Streetscape • Entry treatment • Buffer design • Parking lot design • Hardscape and street furniture design • Landscape maintenance 1. Streetscaue. a. Business Park Streetscape- Acacia and Birch Streets. and Orchard Drive. Acacia Street, Birch Street and Orchard Drive roadways were originally each designed with 2 11-foot and 2 13-foot travel lanes and a 6-foot walkway on either side. Acacia Street (within the Business Park District) is designed with a 70-foot right-of--way with 2 12-foot travel lanes, a 12-foot median lane, an 8-foot bikeway and a 9-foot parkway that will include a 6-foot sidewalk on either side (Exhibit 20.44-3). Adjacent to the walkways outside the right-of-way, a 10-foot landscaped setback is required. Should it be appropriate, road dimensions within right-of-way may be modified as needed to accommodate existing structures. Birch Street is now designed with an 80-foot right-of-way and Orchard Drive is designed with a 70-foot right-of-way (Exhibits 20.44-4 and 20.44-5, respectively). Birch Street will have the same improvements as Orchard Drive but with the added feature of a 10- foot median/left turn pocket. The Streetscape for the business park area will be installed by individual property owners concurrent with development of approved projects. Ongoing maintenance will be the responsibility of individual property owners. The 10-foot landscaped front setback shall be bermed at a 3:1 slope and planted with the designated street tree, Tristania conferta (Brisbane box), in one row, 30 feet on center. All street trees shall be a minimum 24-inch box size when installed. Later phases of 11/20/01 • • e 20.44-9 Specific Plan District 07 Santa Ana Heights 70' ROW 52' PAVED 10' g' 12' 12' 12' 10, _ WAY N•� n 0t r1Y ►4u. `'hA� � ' t1. EMMIT 20.44-3: TYPICAL SECTION -- ACACIA STREET 11/20/01 Page 20.44-10 Specific Plan District#7 Santa Ana Heights j 80' Row e. • 68' PAYED 10 10' 6' 5' 12' 12' L 12' L 12' L51 6' 10' ,4 ' SIDE .w, w AL ¢, o t o ¢ S w 3 Y • . LU r EXMBlT 20.44-4: TYPICAL SECTION - BIRCH STREET AND MESA DRIVE (W. of Birch) 1120101 • 020.44-11 Specific Plan District#7 Santa Ana Heights 70, ROW 58' PAVED 10' 6' 5' L 12' •12' 12' 12' 5' 6' 10, ^ ' SIDE w ALff H. Q V - �YRIIYi•V:TIF.^.` 1:.•,r v(+'1Ma'..� Y • ,. 4 e e•pr:!! ,geca;H 1'IwiArTb.•p.41WA'rP i H.i t�.� EMMIT 20.44-5: TYPICAL SECTION — ORCHARD DRIVE an Business Park District) 11/20/01 Page 20.44-12 Specific Plan District#7 Santa An Heights 60' ROW 40' PAYED 12' 3' S' 12' 12' 8, 5' EQUESTRIAN TRAIL 1 p ...:.:.... EXHIBIT 20.44-6. 7TWCAL SECT ION— CYPRESS STREET AND MESS!DRIVE (E. o,f Birch St.) iinorot • � � II Page 20.44-13 Specific Plan District#7 _ ----- -Santa Ana Heights development must provide trees in sizes comparable to existing trees, or the largest commercially available. To screen parking areas, the remainder of the landscaped setback area shall be planted with a continual massing of shrubs and groundcover using the following plant palettes: Shrubs Hemerocallis sup. Daylily Hebe buxifolia `coed' `Hebe' Pittosporum tobira `variegata' Variegated tobira Raphiolepsis indica India hawthorne Agganthus spp. Lily-of-the-Nile Pittosporum tobira `wheeleri' Dwarf tobira Xvlosma congestum Shiny xylosma Trachelospermum jasminoides Star jasmine All shrubs shall be a minimum size of five gallon. Groundcover Hedera Helix `Hahns'English Ivy Turf is discouraged. b. Residential Streetscape-Cypress Street. The Cypress Street roadway is designed with two twelve-foot travel lanes, eight-foot on-street parking areas on each side of the street and, on the east side of the street, a five-foot-wide sidewalk adjacent to the street. On the west side of the street, a three-foot planted parkway will be located adjacent to the curb along with twelve-foot-wide equestrian trail (Exhibit 20.44-6). Funding for implementation of the streetscape along Cypress Street may be through an assessment district, redevelopment agency, or some other future funding source. The surface of the equestrian trail shall be one of the following: • Compacted decomposed granite • Existing soil, graded and compacted A three and one-half-foot high split rail fence shall be installed on both sides of the equestrian trail. • 11/20/01 Page 20.44-14 Specific Plan District#7 Santa Ana Heights C. Residential Streetscape-Mesa Drive. The Mesa Drive roadway is planned with the same design features as Cypress Street, with an equestrian trail on the south side of the street and a pedestrian sidewalk on the Borth side. Exhibit 20,44-6 illustrates the typical section for Cypress Street and Mesa Drive east of Birch Street. Funding for implementation of the streetscape may be through an assessment district, redevelopment agency, or some other future funding source. d. Residential Streetscape-Orchard Drive The Orchard Drive roadway is designed with two twelve-foot travel lanes and eight-foot on-street parking areas on each side of the street. A ten-foot planted parkway will be located on the north side of the street. On the south side of the street, a ten-foot planted parkway provided with a meandering four-foot sidewalk. Funding for implementation of the streetscape within the residential area of Orchard Drive may be through an assessment district,redevelopment agency or some other future funding source. The streetscape improvements within the business park area will be installed by individual property owners concurrent with development of approved projects, The ten-foot landscaped parkways shall be planted with the designated street tree, Platanus acerifolia (London plane tree), in one row, thirty feet on center. All street trees shall be a minimum 24-inch box six when installed. The remainder of the landscaped area shall be planted with Vinca minor .groundcover. 2. Entry Treatments. a. Business Park Entry Treatment The primary purpose of entry treatment is the announcement of entry into the specific plan area.For the business park area, special entry treatment will be located at the intersection of Irvine Ave. and Orchard Dr. and on Birch St.just south of the South Bristol St. intersection (Exhibit 20.44-2). The two entry statements should be identical in design in order to reinforce project continuity and identification.These entries may include the following: • Landscape elements, i.e accent trees, shrubs, and groundcover. 11/20/01 Page 20.44-15 Specific Plan District#7 Santa Ana Heights • • Entry monumentation. • Pedestrian crossings and signalization,if appropriate. Recommended plant materials for the business park entryways include the following: Accent Trees: Cupaniopsis Anacardioides Carrotwood (multi-trunk) Erythrina caffra Coral tree (multi-trunk) Jacaranda mimosifolia Jacaranda (multi-trunk) All accent trees shall be a minimum 24-inch box size. Shrubs: Hemerocallis SIM Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `variegata' Variegated tobira Ravhiolepsis indica India hawthorne Bougainvillea spp. Bougainvillea • Agayanthus spp. Lily-of-the-Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelosyermum jasminoides Star jasmine Dodonea viscosa `Purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. Groundcover: Hedera Helix `Hahns'English Ivy Gazania spp. Gazania Entry Monumentation. Building materials to be used for entry monumentation include the following: • textured concrete • wood • stone • masonry • • brick wzoiot Page 20.44-16 Specific Plan District#7 Santa Ana Heights b. Residential Entry Treatment. i For the residential areas, entry treatments will be located on Orchard Drive between Birch and Cypress streets and at the intersection of Mesa Drive and Acacia Street (Exhibit 20.44-2). These entries should be identical in design and reflect a more residential character in landscaping and signage,clearly delineating to business park users the entrance to a residential neighborhood. These entries may incorporate the following: • Landscape elements: accent trees,shrubs and groundcover. • Entry monumentation. • Pedestrian crossings,if appropriate. Recommended plant materials for the residential entryways include the following: Accent Trees: Melaleuca quinquenervia Cajeput tree Jacaranda mimosifolia Jacaranda (multi-trunk) Liquidambar styraciflua American sweet gum Callistemon citrintts Lemon bottlebrush All accent trees shall be a minimum 24-inch box size. Shrubs: Hemerocallis spp. Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `vatiegata' Variegated tobira Raphiolepsis indica India hawthome Bougainvillea spp. Bougainvillea Agapanthus sup. Lily-of-the-Nile Abelia erandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelospermum lasminoides Star jasmine Dodonea viscosa 'purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. unaot Page 20.44-17 Specific Plan District#7 Santa Ana Heights • Groundcover: Hedera Helix `Hahns' English Ivy Gazania sup. Gazania 3. Buffer Design. Along all property lines where nonresidential uses abut residential uses, a three-foot-wide landscape buffer shall be required in order to screen and soften views from existing residential uses to business park uses (see Exhibit 20.44-7). The concept for planting the buffer areas will consist of a dense planting of trees and shrubs incorporating both low and high vertical elements. These elements will be combined with a six- foot high opaque wall at the property line. Planting will consist of evergreen trees and shrubs, to include the following: Trees: Pinus canariensis Canary Island pine Podocarpus rag cilor Fern Pine Cypress leylandii Cypress Cupaniopsis anacardioides Car otwood tree • Pittosporum undulatum Victorian box Pinus halepensis Aleppo pine Trees shall be planted at 15 feet on center and shall include at least one 24-inch box tree, with adequate infill landscaping of approved shrubs and Goundcover.[clarified from County draft] Shrubs: Hemerocallis spu. Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `varieaata' Variegated tobira Raphiolepsis indica India hawthorne Bougainvillea sm. Bougainvillea Agauanthus spy. Lily-of-the-Nile Abelia grandifl'ora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xylosma con eg stum Shiny xylosma Trachelospermum jasminoides Star jasmine Dodonea viscosa `purpurea' Hop seed bush . All shrubs shall be a minimum size of five gallon. t vzoiot Page 20.44-18 Specific Plan District#7 Santa Ana Heights is Groundcover: Gazania sap. Gazania Hedera Helix 'Hahns' English Ivy Heavy planting is recommended to screen views. 4. Parking Lot Design Within parking areas, trees shall be provided at a minimum ratio of one tree per four parking stalls. Planting islands shall be located not less than every eight parking stalls. The planting islands shall be a minimum of three feet wide and equal in length to the parking space it abuts (see Exhibit 20.44-8). Landscaping in parking lot areas is to be protected by a curb at least six inches in height. Recommended plant materials include the following: Trees: Melaleuca quinquenervia Cajeput tree Pinus canariensis Canary Island pine Eucalyptus sideroxvlon Red iron bark Eucalyptus ficifolia Red-flowering gum Cupaniopsis anacardiodes Carrotwood tree Shrubs: Hemeroeallis spy. Daylily Hebe buxifolia 'coed' Hebe Pittosporum tobira 'variegata' Variegated tobira Raphiolepsis indica India hawthorne Bougainvillea sop. Bougainvillea Agapanthus spp. Lily-of-the-Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira 'wheeleri' Dwarf tobira Xylosma con eg stum Shiny xylosma Trachelospermum iasminoides Star jasmine Dodonea viscosa 'purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. 11/2=1 • 0 20.44-19 Specific Plan District#7 Santa Ana Heights F- ClS _ = I 2 • O ch UFFE PARKIHQ RAVEL LA E .45' I 75' RESIDENTIAL EQUESTRIAN PROPERTY BUSINESS PARK, COMMERCIAL, OR PROFESSIONAL ADMINISTRATIVE PROPERTY EXHIBIT 20.44-7. RESIDENTIAL EQUESTRIAN BUFFER DESIGN 1tn0/01 Page20,44-20 Specific Plan District#7 Santa Ana Heights unapt I I 0zo.aa-2i Specific Plan District#7 Santa AnaHeights TYPICAL BUSINESS PARK STREETSCAPE r--�. � Ifl �t IIII ' ! • TYPICAL BUSINESS PARK PARKING LOT LANDSCAPE J EXHIBIT 20.44-8: BUSINESS PARK PARKING LOT LANDSCAPE DESIGN CONCEPTS 11/20/01 Page 20.44-22 Specific Plan District#7 Santa Ana Heights Groundcover: Gazania sUp. Gazania Hedera Helix `Hahns' English Ivy 5. Hardscane and Street Furniture Design, Hardscape and street furniture design elements incorporated into the overall design theme for development in the specific plan area shall include, but not be limited to: walls and fences, paving, light fixtures, bollards, benches, trash receptacles and planters. Hardscape and street furniture elements will function to allow a coordinated and consistent visual and physical connection between buildings and landscape materials within the specific plan area. Building materials to be used as key hardscape elements are specified below. All materials utilized for walls, fences, paving, lighting and street furniture shall be coordinated with and be complementary to architectural design details and materials. a. Walls and Fences. • Concrete masonry: integral color,4" coursing maximum • Brick: either red or in earth tones • Concrete: Textured, bush-hammered, rock salt, sandblasted, integral color in earth tones • Wrought iron (as accents) • Stucco: integral or painted color(same as building stucco color or approved alternative) b. Proiect and Individual Site Entry Paving(outside public R.O.W.). • Concrete: integral color, rock salt, exposed aggregate finish with brick or wood edges, or stamped concrete • Paving brick:in earth tones • Paving brick tile:in earth tones • Textured concrete: in earth tones • Precast rough-textured pavers: integral color • Quarry tile: in earth tones • Rough textured granite • River washed stones/cobblestones • Asphalt; use of asphalt with the above noted materials as accent features is encouraged. tvzorot Page 20.44-23 Specific Plan District#7 _ Santa Ana Heights C. Lighting Fixtures. • The following lighting elements may be incorporated into site plans for individual development proposals: • Parking light standards • Pedestrian pathways (bollard lights) • Pedestrian plaza/courtyards (bollard lights) • Landscape lighting d. Miscellaneous Handscape. • Miscellaneous hardscape elements include bollards, benches, trash receptacles and planters. All of these elements shall be designed and located so as to complement and enhance the building. 6. Landscape Maintenance. All landscaping shall be maintained as follows: • All planting areas shall be kept free of weeds and debris. • Lawn and groundcovers shall be kept trimmed and/or mowed regularly. • All plantings shall be kept in a healthy and growing condition. • Fertilization, cultivation and tree pruning shall be carried out as part of regular maintenance. • Irrigation systems shall be kept in working condition. Adjustment and cleaning of system shall be a part of regular maintenance. • Stakes, guys and ties on trees shall be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling to the stems. • Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within 30 days. 20.44.025 Land Use Regulations A. Land Use Designations.tions. The following land use designations are established for the Santa Ana Heights Specific Plan area: 1. Open Space and Recreational: SP-7 (OS/R) District. 2. Residential Equestrian: SP-7 (REQ)District. 11/20/01 Page 20.44-24 Specific Plan District#7 Santa Ana Heights 3. Residential Single Family: SP-7 (RSF) District. 4. Business Park: SP-7 (BP)District. 5. Professional and Administrative Offices SP-7 (PA)District. 6. Professional, Administrative, and Commercial Consolidation: SP-7 • (PACC)District. 7. General Commercial: SP-7(GC)District. 8. Commercial Stable Overlay: (S)District. Lased use and development standards for Santa Ana Heights shall be in accordance with Exhibit 20.44-1, "Specific Plan District #7 Land Use Map", and the provisions of this Section. B. Special Symbols. The following special symbols are hereby established for the Santa Ana Heights Speck Plan Land Use Map (Exhibit 20.44-1) 1. Minimum Area Per Dwelling Unit. Consistent with Section 20.00.055, 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. Example: SP-7 (REQ) (12,750) =minimum 12,750 sq.ft.per dwelling unit. 2. Minimum Building Site. A number following the district symbol preceded by a hyphen shall designate the minimum building site required in acres. Example:SP-7 (REQ)-2=minimum building site of 2 acres. C. Definitions. Except as otherwise specified below, the meaning and construction of words, phrases, titles and terms used in this speck plan shall be the same as provided in Section 20.03.030: 1. Commercial Kennel: Any property where four or more dogs, or four or more cats, over the age of four months, are kept or maintained for the purpose of financial gain, except veterinary clinics and hospitals. 2. Outdoor Living Area: Outdoor living area is a term used to define spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas, barbecue areas,jacuzzi areas, etc., associated with residential uses. Outdoor areas usually not included in this definition are: front yard 11/20101 Page 20.44-25 Specific Plan District#7 -- --Santa Ana Heights • areas, driveways, maintenance areas and storage areas associated with residential land uses. D. Noise Mitigation. 1. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels, motels, convalescent homes and hospitals) shall - be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the structure, so as not to exceed a standard of 45 dB CNEL in all habitable rooms. In conjunction with this construction, all associated outdoor living areas shall be sound attenuated, if necessary, against present and projected highway noise so as not to exceed a standard of 65 dB CNEL. Prior to the issuance of any building permits for such development, an Acoustical Analysis Report describing the sound attenuation measures required to satisfy the noise standards shall be prepared by a City-approved acoustical consultant and submitted to the Building Director for approval. The report shall include satisfactory evidence indicating that the sound attenuation measures have been incorporated into the design of the project. 2. All nonresidential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General Plan Noise Element. Prior to the issuance of any building permits, evidence prepared by a City-approved acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Building Director in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. 3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface pursuant to FAR Part 77.13, the project applicant shall submit a "Notice of Proposed Construction" to the Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA. Upon completion of the FAA Aeronautical Study, the project applicant shall submit evidence to the Building Director that restrictions and conditions, if any, imposed on the project by the FAA have been incorporated into the is design of the project. wzoro1 Page 20.44-26 Specific Plan District#7 Santa Ana Heights 20.44.030 Open Space and Recreation District:SP-7(OS/R). A. Purpose and Intent, The SP-7 (OSR) District is established to ensure the long-term use and viability of the Newport Beach Golf Course. B. PrincipatUses Permitted, 1. The following principal use is permitted. a. Local and buffer greenbelts. 2. The following principal use is permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Public/private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Golf courses. b. Outdoor commercial recreation. C. Accessory Uses Penn fitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site,per Section 20.60.020,to include: 1. Detached buildings. 2. Fences and walls. 3. Signs per Chapter 20.670 except no business signs. No sign shall exceed six square feet in area unless otherwise provided for by an approved site development permit or use permit. 4. Restrooms. 5. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district, D. Prohibited Uses.The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 11/20/01 Page 20.44-27 Specific Plan District#7 Santa Ana Heights E. Site Development Standards. 1. Building site area. One acre minimum. 2. Building height. 18 feet maximum unless otherwise provided for by an approved use permit. 3. Building setbacks. 20 feet minimum from all property lines. 4. Off-street parking. Per Chapter 20.66. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 20.44.035 Residential Equestrian District: SP-7 (REQ). A. Purpose and Intent. The SP-7 (REQ) District is established to provide for the development and maintenance of a single family residential neighborhood in conjunction with limited equestrian uses. A rural character with an equestrian theme shall predominate. • B. Principal Uses Permitted. 1. The following principal uses are permitted. a. Single family detached dwellings or single family mobile homes (one per building site). b. Community care facilities serving 12 or fewer persons and large family day care homes. C. Parks,playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Communication transmitting,reception, or relay facilities. b. Public/private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Fire and police stations. b. Churches, temples, and other places of worship. t vzorot Page 20.44-28 Specific Plan District#7 Santa Ana Heights C. Educational institutions. d. Libraries. e. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval per Section 20.60,015: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site,per Section 20.60,020,to include: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20.67. No sign shall exceed six square feet in area unless otherwise provided for by an approved site development permit or use permit. 6. Home occupations per Section 20,60.100. 7. The keeping of the following animals for the recreational enjoyment of persons residing on the same building site, subject to the noted restrictions: a. Any animal if kept exclusively within the residence. b. Horses and ponies,limited to the following(offspring exempt up to the age of eight months): 11/20/01 Page 20.44-29 Specific Plan District#7 Santa Ana Heights Slze,of Bullding,'Site Maxlritum Nurriber `Permltied' Less than 10,000 1 10,000 to 15,000 • 2 Greater than 15,000 3 to 6 With use permit 'Use permits shall be processed In accordance with Paragraph G of this section. C. Goats, sheep, pigs and cows only on building sites greater than 15,000 square feet in size and limited to: a) no more than two adult animals of any one species per building site and b) no more than a total of six adult animals, including horses and ponies, per building site. Offspring are exempt until such time as they are weaned. d. Rabbits, chickens and ducks, limited to no more than a total of six of such animals per building site. • e. Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining an animal permit per County health regulations. f. Minimum setbacks for the keeping of animals shall be as follows: From Ultimate 'From Property I Loft -rope, Y Street Right-of- 'Line Abutting Line,Abutting. RSF or bP Way Line REQ'District . Districts, Front Side Front Side Front Side All structures housing animals(e.g.corrals, pens, 50 20 25 25 5* 5* stalls cages, doghouses) Exercise areas 25 10 0 0 0 0 *Required for covered portions of structures only 8, Granny unit, attached or detached, in conformance with Chapter 20.85, subject to the approval of a use permit by the Planning Director. • 02/11/05 Page 20.44-30 Specific Plan District#7 Santa Ana Heights 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District. E. Prohibited Uses.The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2, The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose except in the Commercial Stable(S)District,where applicable. 4. Commercial kennels. 5. Apiaries, 6. Aviaries. F. Site Development Standards. 1, Building Site Area. 19,800 square feet minimum. (Minimum site area does not apply to parcels in existence prior to October, 1986). 2. Building Height. 35 feet maximum. Roof-mounted mechanical equipment shall not be visible from any existing dwelling unit located 300 feet or less from the subject building site. 3. Building Setbacks, a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. C. Rear setback:25 feet minimum. 4. Off-Street Parking,Per Chapter 20.66. 5. Li tin .All lighting shall be designed and located so that direct light rays are confined to the premises. G. Use Permit Procedures, 1. Purpose and Intent. Within the REQ District,most lots are relatively small (less than one-half acre), narrow (66 feet wide), and surrounded by existing tract housing, existing retail commercial uses and proposed business park development. Due to the unique size and configuration of these lots and their close proximity to more urbanized uses,it is necessary to require a use permit for the noncommercial keeping of horses and ponies for the purpose of ensuring compatibility with surrounding land uses. It is the intent of the City to provide for annual inspections of such ovtiic5 Page 20.44-31 Specific Plan District#7 Santa Ana Heights equestrian facilities by all pertinent authorities, including Vector Control, Animal Control, Environmental Health, Regulation Enforcement, and others as necessary to ensure that the regulations set forth below are properly implemented. 2. Use Permit Required. Property owners or tenants keeping more than 2 horses and/or ponies over the age of 8 months on a single building site within the REQ District shall obtain an annual use permit approved by the Planning Director per Chapter 20.91. After 1 year from the effective date of these regulations, any property owner or tenant introducing or adding horses and/or ponies onto properties within the REQ District shall, within 1 month, obtain a Recreational Horse Permit if the total number of such animals over the age of eight months exceeds 2. The Planning Director shall issue a permit for the keeping of such animals upon receipt of the fee established by the City Council, if any,provided, in the Director's opinion, 1) such animals are being kept or maintained without endangering the safety and comfort of the inhabitants of the neighborhood, and 2) the property owner or tenant has complied with the regulations of the REQ District. Failure to comply with these regulations or any conditions imposed by the Planning Director shall constitute cause for denial or • revocation of such permit. Any person whose application for a use permit is denied or revoked under the terms of these Specific Plan regulations may appeal the decision of the Planning Director to the Planning Commission in accordance with the procedures set forth in Chapter 20.95. use permits shall be non-transferable and must be renewed annually. 3. Permit Regulations.The following regulations shall apply: a. The property owner or tenant shall initiate and maintain a program of proper manure management. The property owner or tenant shall provide for the daily collection of manure from in and around corrals and exercise areas. Manure shall be stored in covered containers. In no case shall manure be permitted to remain in any container for a period exceeding seven days. b. A program of continuous dust control of the entire premises shall be carried out. A method for light watering of arenas and exercise areas shall be maintained. In lieu of watering, chemical control of dust may be permitted. C. There shall be adequate and effective control of insects and rodents and such control shall be vigorously maintained at all times. All dry grains and pellets shall be stored in rodent-proof containers 11/20/0) Page 20.44-32 Specific Plan District#7 Santa Ana Heights (i.e., well sealed and preferably metal containers). Hay shall be stored on a raised platform with a minimum six-inch clearance above the surrounding area. d. Combustible materials and/or solutions shall be maintained a minimum of 25 feet from all residential structures and structures housing animals. e. The property owner or tenant shall allow no animal to constitute or cause a hazard or be a menace to the health, safety, or peace of the community. The property owner or tenant shall keep all animals in such manner as may be prescribed to protect the animals from the public and the public from the animals. f. The property owner or tenant shall make every reasonable effort to recapture every animal that escapes. Escapes of animals wherein the recapture of the animal can not be immediately accomplished shall be reported to City Animal Control, H. Dumpster Rejeulations. Dumpsters shall not be placed within the front setback area of a building site for a single family residence built after January 1, 2000 or any residence being remodeled and/or repaired at a cost of more than 25% of the value of the existing residence. Dumpsters shall be effectively screened from view from the street right-of-way with appropriate screening material,i.e.,block wall or wood fencing at a minimum height to completely screen the container. 20.44.040 Residential Single Family District:SP-7(RSF). A. Purpose and. Intent. The RSF District is established to provide for the development and maintenance of medium density single family detached residential neighborhoods. Only those uses are permitted that are complementary to and can exist in harmony with such a residential neighborhood. B. Principal Uses Permitted, 1. The following principal uses are permitted. a. Single family detached dwellings or single family mobile homes (one per building site). b. Community care facilities serving six or fewer persons and large family day care homes. 11120101 Page 20.44-33 Specific Plan District#7 . Santa Ana Heights Parks,playgrounds, and athletic fields (noncommercial). C. Riding and hiking trails. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Communication transmitting,reception, or relay facilities. b. Public/private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a.' Fire and police stations. b. Churches, temples, and other places of worship. c. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval per Section 20.60.015: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site,per Section 20.60.020,to include: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Si per Chapter 20.67. No sign shall exceed six square feet in area � P p � 9 • unless otherwise provided for by an approved site development permit or use permit. ovuios Page 20.44-34 Specific Plan District#7 Santa Ana Heights .., 6. Home occupations per Section 20.60.100. 7. The noncommercial keeping of pets and animals as follows: a. The noncommercial keeping of pets and animals weighing less than 300 pounds and not prohibited per Paragraph E. of this Section (Prohibited Uses), subject to the following standards: pens, cages, and other structures specifically for the keeping of animals other than in the residence, shall be located at least 25 feet from any residential window located on an adjoining building site. Exceptions to the above may be provided for by a use permit approved by the Planning Director. b. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian District (REQ), provided that no horse shall be permitted on a building site containing less than 10,000 square feet of land area, and pens, cages, and other structures specifically for the keeping of horse shall be located at least 50 feet from and residential window located on an adjoining building site. One or two adult horses are permitted on a building site containing between 10,000 and 15,000 square feet of land area. One additional adult horse may be kept for each additional 10,000 square feet, with a maximum of six horses on any one building site. The offspring of such animals shall be considered adults when eight months old. Exceptions to the above may be provided for via a use permit approved by the Planning Director. C. Any nonconforming use of any property within this district for the maintenance of pets and animals other than those enumerated in this section shall be terminated within one year of the enactment of this section. In any case in which a building in excess of 600 square feet has been erected pursuant to a validly-issued permit for the maintenance of pets and animals, the amortization period of continuation of such use shall be extended for four additional years. 8. Granny unit, attached or detached, in conformance with Chapter 20.85, subject to the approval of a use permit by the Planning Director. 9. Any other accessory use or structure which the Planning Director fads consistent with the purpose and intent of this district. ovwos Page 20.44-35 Specific Plan District#7 Santa Ana Heights • E. Prohibited Uses.The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The, storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose unless provided for by an approved use permit. 4. Apiaries. F. Site Development Standards. 1. Building Site Area. 7,200 square feet minimum, except as otherwise identified on the Land Use District Map. 2. Building Height. 35 feet maximum:Roof-mounted mechanical equipment shall not be visible from any existing dwelling unit located 300 feet or less from the subject building site. . 3. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. C. Rear setback: 25 feet minimum. 4. Off-Street Parking. Per Chapter 20.66. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 20.44.045 General Commercial District: SP-7(GC) A. Purpose and Intent. The GC District is established to provide regulations for the commercial areas along South Bristol street and to ensure the continuation of commercial uses which offer a wide range of goods and services to both the surrounding residential and business community. It is intended to promote the upgraded aesthetic image of the community and reduce conflicts between commercial and residential uses. 11/20/01 Page 20.44-36 Specific Plan District#7 Santa Ana Heights B. Principal Uses Permitted. • 1. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Retail businesses. b. Service businesses. - C. Professional and administrative offices. d. Civic and governmental uses. e. Financial institutions. f. Print shops, g. Animal clinics and hospitals. h. Automobile parking lots and structures per Chapter 20.66. i. Automobile repair specialty shops. j. Automobile dealerships. k. Churches, temples, and other places of worship. 1. Commercial recreation. in. Communication transmitting,reception or relay facilities. n. Day nurseries. o. Hotels and motels. p. Public/private utility buildings and structures. q. Restaurants. . r. Wholesale business offices with samples on the premises but not to include general storage. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Automobile washing. b. Mini-storage facilities. C. Retail sale of building materials. d. Automobile service stations per Chapter 20.80. e. Convalescent homes. £ Commercial kennels subject to issuance bf a kennel license in accordance with Section 7.04.090 of the Municipal Code. g. Helistops. h. Hospitals. i. Milk processing and distribution in connection with retail dairy outlets. j. Mortuaries. k. Sanitariums, mental and health. 1. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. IIM101 Page 20.44-37 Specific Plan District#7 -- -Santa Ana Heights C. Temporary Uses Permitted. Temporary uses are permitted subject to approval per Section 20.60.015. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site,per Section 20.60.020,to include: 1. Detached buildings. 2. Fences and walls. 3. Signs. The following signs shall be permitted, subject to the restrictions specified and the provisions of Chapter 20.67: a. Wall Signs—Business or identification wall signs shall not exceed 1 square foot of sign area for each linear foot of frontage of the building, or portion thereof, involved. The total aggregate sign area for such signs shall not exceed 150 square feet for each business. If the building frontage of any business is less than 25 square feet, only one sign,with a maximum area of 25 feet, shall be permitted for each business. b. Monument/Ground Signs — One business or identification sign, including the foundation, not exceeding 50 square feet in area or four feet in height may be permitted on each additional street frontage that is in excess of 99 feet in length. C. Larger Monument/Ground Signs —A business or identification sign, including the foundation, measuring more than 50 square feet in area and/or exceeding 4 feet in height may be permitted subject to a use permit approved by the Planning Commission per Chapter 20.91. Applications for signs shall be accompanied by scale drawings indicating the size, sign copy, color, method and intensity of illumination, height, sign area, and location of all signs on the building site. d. Temporary Pole Signs — Temporary non-illuminated construction signs, real estate signs, and travel direction signs are permitted. However, no such sign shall be more than 16 feet in height or the following square feet in area: tuso1ot Page 20.44-38 Specific Plan District#7 Santa Ana Heights • Construction Project Signs: 32 square feet maximum, • Real Estate Signs: For residential building sites with four or less units, six square feet. For residential building sites with five or more units,32 square feet.For non-residential, 32 square feet. • Off-Site Travel Directional Signs: Subject to approval of a sign exception permit by the Planning Commission per Section 20.67.045. 'Sign location(s), number, and area shall be as specified in the exception permit. (For purposes of this Specific Plan, "travel direction sign' shall mean a sign to inform the motorist as to the route or direction of travel in order to arrive at the residential development project for sale or rent to which it pertains.) e. Permanent Pole Signs — Business and identification pole signs may be permitted subject to a use permit approved by the Planning Commission per Chapter 20.91. Applications for such pole signs shall be accompanied by scale drawings indicating the size, sign copy, color, method and intensity of illumination, height, sign area, and location of all signs on the building site. f. Sign Programs —Multiple building sites that share a common access ` may develop a sign program subject to approval of a sign exception permit by the Planning Commission per Section 20.67.045. Applications for such sign programs shall be accompanied by scale drawings indicating the size, sign copy, color, method and intensity of illumination, height, sign area, and location of all signs on the building site. g. Other Signs — Except for signs specifically prohibited below, any sign may be permitted subject to a use permit approved by the Planning Commission per Chapter 20.91. h. Prohibited Signs—The following signs are specifically prohibited: • Outdoor advertising signs or billboards. • Roof and projecting signs. • Banner signs. • Electronic message board signs. • Portable signs. • Electronic fiashingtblinking signs. ttisaot �. Page 20.44-39 Specific Plan District#7 Santa Ana Heights • Rotating signs. 4. Any other accessory uses or structures which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. - All uses not listed in this Section as permitted. 2. Automobile repair, tire retreading, fender and body repair and paint shops. 3. Automobile wrecking,junk and salvage yards. 4. Bottling plants. 5. Rental and sales agencies for agricultural, industrial and reconstruction equipment. 6. Warehouses, contractors' storage and equipment yards, work and fabricating areas. 7. Welding shops. S. Drive-through facility or restaurant abutting the REQ District, unless approved prior to September 20, 1996. F. Site Development Standards. • 1. Floor Area Ratio (FAR): Per Chapter 20.63. 2. Building Site Area: No minimum required. 3. Building Height: 35 feet maximum. 4. Building Setbacks. a. Front Setback: No minimum required. b. Side Setback: No minimum required, except where a side property line abuts a residential district, in which case a minimum setback of 10 feet is required. C. Rear Setback: No minimum required, except where a rear property line abuts a residential district, in which case a minimum setback of 10 feet is required. A minimum setback of 5 feet is required adjacent to an alley. 5. Vehicular Access Regulations. Street openings shall be a minimum of 22 feet apart and 22 feet from any existing street openings, measured at the 11/20/01 Page 20.4440 Specific Plan District#7 Santa Ana Heights ultimate street right-of-way line; however, every building site shall be permitted to have at least one street opening, 6. Off-Street Parking.Per Chapter 20.66. 7. Lighting. All lighting, exterior and interior, shall be designed and located so that direct rays are confined to the premises. 8. Loading All loading operations shall be performed on the site, and loading areas shall be screened by a landscape or architectural feature. 9. Trash and Storage Area. All storage of cartons, containers and trash shall be enclosed by a building or by a wall not less than 6 feet in height. If unroofed, no such area shall be located within 40 feet of any residential district. 10. Enclosed Uses. All commercial uses and their related products shall be contained entirely within a completely enclosed structure, except for parking and loading areas, and except for outdoor uses expressly permitted by an approved site development permit or use permit. 11. Screening. a. An opaque screen shall be installed and maintained along all district boundaries where the premises abut areas zoned for residential or agricultural uses. A screen shall consist of one or any combination of the following types: (1) Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of 4 inches thick. (2) Berms. A berm shall be not more than 20 feet in width at the base. It shall be constructed of earthen materials and it shall be landscaped. (3) Fences, Solid. A solid fence shall be constructed of wood or other materials and shall form an opaque screen. (4) Fences, Open. An open weave or mesh type fence shall be combined with plant materials to form an opaque screen. t1/20101 Page 20.4441 Specific Plan District#7 Santa Ana Heights (5) Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of 2 feet within 18 months after initial installation. Permanent watering facilities shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Planning Director shall require that either walls, berms, or a solid fence be installed. b. Screen heights shall not be less than 6 feet in height except where a shorter height is required per applicable provisions of this Code. C. No signs or sign supports except those specified in the off-street parking regulations shall be permitted on any required screening. 12. Buffer Area. A minimum 6-foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3�/2 feet. Landscaping adjacent to this wall shall be in conformance with the provisions of Section 20.44.020 and Exhibit 20.44-7 (Design Guidelines). 20.44.050 Business Park District: SP-7 (BP) A. Purpose and Intent. The BP District is established to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Attention shall be given to the protection of the adjacent residential uses through regulation of building mass and height, landscape buffers, and architectural design features. B. Principal Uses Permitted. 1. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Professional and administrative offices. b. Financial institutions. C. Civic and government uses. d. Office-serving commercial uses, including restaurants, located within a building primarily devoted to office uses. e. Communication transmitting, reception or relay facilities. tvzoiot Page 20.4442 Specific Plan District#7 Santa Ana heights f. Public/private utility buildings and structures. _ g. Blueprinting,reproduction and copying services. h. Message,mail and delivery services. L Medical and dental offices. j. Retail businesses. k. Service businesses. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per.per Chapter 20.91: a. Restaurants subject to the following- (I not permitted adjacent to REQ lots. (2 no live entertainment. (3 no dancing. b. Automobile rental agencies not permitted adjacent to REQ lots. c. Commercial recreation. d. Assembly of components or finished products. e. Research,testing and development laboratories. f. Any other uses which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. 1. Temporary uses per Section 20.60.015. 2. The following additional temporary uses are permitted subject to approval of a use permit by the.Planning Director per Chapter 20.91: a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary structures directly associated with these uses, in compliance with the site development standards identified below. A cash bond in the amount of $500 for each temporary structure shall be posted with the Planning Director to guarantee the removal of each temporary structure upon the expiration of the use permit. b. Commercial coaches serving as temporary office space. A cash bond in the amount of $500 for each commercial coach unit shall be posted with the Planning Director to guarantee the removal of each commercial coach unit upon expiration of the use permit. 11/20/01 Page 20.44-43 Specific Plan District#7 Santa Ana Heights C. Conforming uses shall be permitted in non-conforming structures subject to the approval of a use permit by the Planning Director. Such building site shall conform with the parking requirements and site development standards contained in Chapter 20.66 and the site development standards contained in this Section. d: Any other uses which the Planning Director finds consistent with the Purpose and Intent of this District. 3. Removal of Temporary Uses. The temporary use and accessory equipment, materials and structures permitted per Paragraph C-2, preceding, shall be removed and the premises cleared of all debris within 14 days of the expiration of the applicable use permit. 4. Prohibited Temporary Uses. a. All uses not specifically permitted per this Section. b. Storage of hazardous materials. C. Underground storage tanks. d. Trucks and trailers exceeding three tons in gross weight. e. Vehicle repair(as a primary use), automobile junk and salvage yards. f. Any use which the Planning Director finds would result in conditions or circumstances contrary to public health, safety and general welfare. 5. Time Limits. Use permits for temporary uses permitted per Paragraph C-2, preceding, shall be approved for a maximum of 5 years from the date of final determination. At the end of that time period, the permit shall be reviewed and may be extended from 1 to 5 years at the discretion of the Planning Director. 6. Site Development Standards for Temporary Uses. a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at 6 feet in height along the side property line and at 8 feet in height maximum along the rear property line, measured from the highest adjacent finished grade of the subject site. For properties lines adjacent to the REQ District, an 8-foot high wall shall be 11/20/01 Page 20.44-44 Specific Plan District 47 Santa Ana Heights required, as specified in Paragraph F-11 of this Section. In addition,a • front wall or fence may be required at the discretion of the Planning Director. Fence or wall materials and height shall be subject to approval at the discretion of the Planning Director. However, open chain link or chain link with wooden or plastic slats shall be prohibited. b. Setbacks. Setbacks for any temporary building, wall,fence or storage area shall be 10 feet from any property line abutting a public street. C. Landscaping. A landscape plan shall be required within the 10-foot setback area adjacent to any public street.Landscaping in these areas shall be used to screen temporary buildings, fences, walls or storage areas, which may be visible from a public street. This landscaping shall be consistent with the Design Guidelines of Section 20.44.020. d. Lighting. All lighting shall be designed and located so as to confine direct rays to the premises. e. Utility Poles and Overhead Wires. All public utility wires and lines shall be undergrounded within the 10-foot setback area adjacent to any public street where undergrounding of utilities exists. Connections to existing utility poles will be allowed temporarily until such time as undergrounding of utilities within the street is implemented. f. All-Weather Surface. An all-weather surface (e.g., asphalt, concrete or other approved material) at least four inches thick shall be provided for all storage areas including storage areas for equipment, materials, and vehicles. g. Height Limit. The height of vehicles, equipment or materials stored on the subject property shall not exceed 10 feet and structures and commercial coaches shall not exceed 16 feet. In all cases, the height of vehicles, equipment, materials, structures and commercial coaches shall not exceed 6 feet if within 10 feet of the perimeter wall or fence. h. Hours of Operation. Commercial operations shall occur only between the hours of 7 a.m. and 10 p.m.,to ensure compatibility with surrounding land uses. 11120lat Page 20.44-45 Specific Plan District#7 Santa Ana Heights D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site,per Section 20.60.020, to include: 1. Automobile parking structures, in compliance with the site development standards in Paragraph F of this Section. 2. Other detached buildings. 3. - Fences and walls. 4. Signs per Paragraph F of this Section. 5. Any other accessory use or structure which ,the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses.The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. Outdoor storage of any equipment, materials, apparatus or vehicles greater than 1 ton unless allowed by a use permit under Paragraph C of this Section (Temporary Uses Permitted). 3. Adult entertainment businesses and adult-oriented businesses. 4. Educational institutions. 5. Hospitals and nursing homes. • 6. Residential uses. 7. Manufacturing uses, unless allowed by a use permit under Paragraph C of this Section(Temporary Uses Permitted). 8. Day nurseries. 9. Automobile wrecking,junk and salvage yards. 10. Vehicle engine/transmission rebuilding as a primary use. 11. Any use which the Planning Director finds would result in conditions or circumstances contrary to public health, safety and general welfare. F. Site Development Standards. 1. Floor Area Ratio (FAR): Per Chapter 20.63. 2. Building Site Area: 19,800 square feet minimum, except as modified by special symbol per Subsection 20.44.025-B. 3. Building Site Coverage: 40 percent maximum. 4. Building Height: 15 feet maximum or sloping up to 18 feet maximum in the first 20 feet measured from the front property line, and then 30 feet maximum for structures located less than 75 feet from any property line abutting the REQ District and 37 feet for structures located 75 feet or more 11/20/01 Page 20.4446 Specific Plan District#7 Santa Ana Heights from any property line abutting the REQ District. Roof-mounted mechanical equipment shall comply with the following: a. Mechanical roof screens may exceed the maximum 37 foot height limit by 6 feet, provided that the roof screen is set back from the outside face of the main building parapet a minimum of 10 feet. b. Roof screen materials and detailing must be compatible with the main building architecture. C. Roof-mounted equipment shall not be visible from a point 5 feet above the centerline of the adjacent street(s) and from abutting lots in the REQ District, as calculated from a point 5 feet above existing grade level at a distance of 300 feet or less from the subject building site. 5. Building Setbacks. a. Front setback: 10 feet minimum. b. Side setback: 0 feet minimum one side only and 10 feet minimum other side, except where the side property line abuts the REQ District,in which case the following shall apply: (1) For structures 30 feet or less in height (including roof-mounted mechanical equipment): 45 feet minimum, to include a 10-foot wide landscape buffer adjacent to the property line. (2) For structures greater than 30 feet in height: 75 feet minimum, to include a 10-foot wide landscape buffer adjacent to the property line. C. Rear setback: 0 feet minimum, except where the rear property line abuts the REQ District,in which case the following shall apply: (1) For structures 30 feet or less in height: 45 feet minimum, to include a 10-foot wide landscape buffer adjacent to the property line. (2) For structures greater than 30 feet in height: 75 feet minimum, to include a 10-foot wide landscape buffer adjacent to the property line. 11120/01 Page 20.44-47 Specific Plan District#7 Santa Ana Heights- 6. Off-Street Parking. Per Chapter 20.66, except only 1 level of parking is permitted below any floor with office/commercial space. 7. Trash. Storage and Ground-Mounted Mechanical Equipment. All storage of cartons, containers and trash, along with ground mounted mechanical equipment, shall be enclosed by a building or by a wall not less than 6 feet in height. No such structure shall be located within 10 feet of any property line abutting the REQ District. If unroofed, no such structure shall be located within 40 feet of any property line abutting the REQ District and no closer than 10 feet from any side property line abutting the BP District. (Refer to Section 20.44.020 for design guidelines.) 8. Enclosed Uses. All office and commercial uses and their related products shall be contained entirely within a completely enclosed structure except for parking and loading areas and outdoor uses expressly permitted by an approved use permit. 9. Landscaping. A minimum landscaped area shall be provided as follows: a. Boundary landscaping with a minimum depth of 10 feet along all property lines abutting a public street, except for the area required for • street openings. b. Boundary landscaping with a minimum depth of 3 feet along all property lines not abutting a public street, except property lines abutting the REQ District where a minimum depth of 10 feet is required. C. Landscaping shall be provided in conformance with the landscape guidelines of Section 20.44.020 (Design Guidelines). 10. Building Design. All development shall be in conformance with the guidelines of Section 20.44.020(Design Guidelines) and the following: a. On properties abutting the REQ District, a direct line of sight to abutting properties within the REQ District from second story openings, windows, usable balconies, open stairways, stairway landings or other architectural features shall be prohibited. In addition, All windows above the first floor facing the REQ District shall have a minimum height of 6%2 feet of permanent window treatment. This treatment may include integrally-obscured glass, permanently positioned window louvers or other equally effective 11/20/01 Page 20.4448 Specific Plan District#7 Santa Ana Heights treatment as approved by the Planning Commission.Applied films to windows is prohibited. b. Usable balconies, open stairways and landings or other architectural features shall be permitted on the sides and the front of the building, not facing the REQ District. - C. All roof structures, such as air conditioning units, ventilation devices or other roof-mounted appurtenances, shall be screened from view from a point 5 feet above the centerline of any adjacent street and from the REQ District or abutting lots in the REQ District, as calculated from a point 5 feet above existing grade level from a distance of 300 feet or less from the subject building site. 11. Lighting. All lighting, exterior and interior, shall be designed and located so that direct light rays are confined to the premises. (Refer to Section 20.44.020 for design guidelines.) 12. Buffer Area. A minimum 6-foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3ls feet. Landscaping adjacent to this wall 'shall be in conformance with the provisions of Section 20.44.020 and Exhibit 20.44-7 (Design Guidelines). 13. Utility poles and Overhead Wires. All Public utility wires and lines shall be undergrounded within the 10-foot setback area adjacent to any public street. 14. Signs. The following signs shall be permitted, subject to the restrictions specified and the provisions of Chapter 20.67. a. Ground Signs: 1 double-faced ground sign per building site within the required front setback area, containing only the address of the property. Ground signs shall not exceed 6 feet in height including any earth berm, pedestal, base or similar structure upon which the sign may be mounted. Height to top of sign shall be measured from the top of curb for the adjacent public street. Each sign shall not exceed 6 square feet in area and shall be externally lighted.External lighting fixtures used to illuminate ground signs shall be concealed within plant materials or attached to and designed as an integral part of the sign. The sign and sign structure shall be designed and located so as not to create a sight distance safety problem for vehicle or pedestrian traffic. nrzaot Page 20.44-49 Specific Plan District#7 _ —- - -Santa Ana Heights i b. Wall Signs. (1) 1 identification sign placed on each wall facing a public street, relating only to the name and use of the building up to a maximum of 40 square feet, and comprising no more than 10 percent of the area of the wall, including windows and door area, upon which the sign is located. Such signs shall be non- illuminated. (2) Additionally, in multiple tenancy office buildings, each individual tenant may have a wall sign over their entrance to identify only the name of the business. Each sign shall not exceed 6 square feet in area. Such signs shall not be located above the roof facia, shall not have internal lighting, and shall be made of a material compatible with the materials of the building. C. Building Directory Signs. 1 building directory at each main entrance to the building. Such directory shall have letters not exceeding 2 inches in height containing only the name of the tenants, the suite or office number, and the nature of the use or service rendered. d. Real Estate Signs. 1 unlighted sign not to exceed 12 square feet in area, pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed, and including no institutional advertising. e. Internal Signs. All signs located within structures are permitted, provided such signs are not visible from any point on the boundary of the building site. 15. Drainage Plan. A drainage plan shall be submitted and approved as part of the use permit for each development showing the method for control and disposal of all waters flowing into, across and from the building site and a statement setting forth the method by which facilities shall be maintained. 20.44.055 Professional and Administrative Office District: SP-7 (PA) A. Purpose and Intent. The PA District is established to provide for the development and maintenance of an optimal environment for moderate intensity professional and administrative office uses and related uses on sites with large landscaped open 11/20/01 Page 20.44-50 Specific Plan District V Santa Ana Heights spaces and off-street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts, and may be used to buffer residential areas. B. Principal Uses Permitted. 1. The following principal uses are permitted subject to the approval of a - use permit by the Planning Director per Chapter 20.91: a. Automobile parking lots per Chapter 20.66 b. Churches,temples, and other places of worship. C. Civic and government uses, d, Communication transmitting, reception,or relay facilities. e. Day care nurseries. L Educational institutions serving adults. g. Financial institutions. h. Libraries and museums. i. Professional and administrative offices. j. Public/private utility buildings and structures. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per.per Chapter 20.91: . a. Any use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. Temporary uses, per Section 20.60,015, to include the following: 1. Commercial coaches. 2. Christmas tree sales. 3. Halloween pumpkin sales. D, Accessory Uses Permitted. The following accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. 1. Uses per Section 20.60.020, to include: a. Detached buildings. b. Fences and walls. 2. Signs per Chapter 20.67. r 11120101 Page 20.44-51 Specific Plan District#7 Santa Ana Heights 3. Accessory uses and structures which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses.The following uses are specifically prohibited: 1. Adult entertainment businesses and adult-oriented businesses. 2. All uses not listed in this Section as permitted. F. Site Development Standards. 1. Floor Area Ratio (FAR): Per Chapter 20.63. 2. Building Site Area: 10,000 square feet minimum, except as modified by special symbol,per Subsection 20.44.025-B. 3. Building Site Width: 75 feet minimum. 4. Building Height. 35 feet maximum. 5. Building Site Coverage: 35 percent maximum. 6. Building Setbacks. 10 feet minimum from any property line, ultimate street right-of-way, or alley,except 0 feet side setback from alleys. 7. Off-Street Parking. a. Parking shall be provided as required by Chapter 20.66. b. Parking on the front half of the lot shall have no direct access to the street and shall be under roof unless adequate screening of open parking can be provided by berming, fencing, or landscaping as shown on an approved site plan or use permit. 8. Lighting. All lighting shall be designed and located so as to confine direct rays to the premises. 9. Trash and Storage Areas. All storage of cartons, containers and trash shall be enclosed by a building or by a wall not less than 6 feet in height. In unroofed, no such area shall be located within 40 feet of any district zoned for residential or agricultural uses. 10. Enclosed Uses. All commercial and office uses and their related products shall be contained entirely within a completely enclosed structure except 11/20/01 Page 20.44-52 Specific Plan District#7 Santa Ana Heights for parking and loading areas and outdoor uses expressly permitted by an approved site development permit or use permit. 11. Screening. Screening shall be provided per the standards of Subsection 20.44.045-F. 12. Landscaping. Landscaping,consisting of trees,shrubs,vines, groundcover, • or any combination thereof shall be installed and maintained in accordance with the following standards: a. Boundary landscaping is required for a minimum depth equal to the required setback distance or 10 feet, whichever is less, along all property lines abutting streets, except for the area required for street openings. b. Landscaping along all streets and boundaries shall be in compliance with Section 20.60.030. C. All landscaped areas shall be separated from an adjacent parking or vehicular area by a wall or curb at least 6 inches higher than the adjacent parking or vehicular area. d. Permanent watering facilities shall be provided for all landscaped areas. e. Required landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing and watering as needed, and replacement of plants when necessary. f. For projects with landscaping of more than one cumulative acre, a landscape and irrigation system plan shall be submitted and approved prior to the issuance of building permits to comply with current water conservation practices. 13, Buffer Area. A minimum 6-foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3%2 feet. Landscaping adjacent to this wall shall be in conformance with the . provisions of Section 20.44.020 and Exhibit 20.44-7 (Design Guidelines). 11/20/01 Page 20.44-53 Specific Plan District#7 Santa Ana Heights 20.44.060 Professional,Administrative & Commercial Consolidation Dist.: SP-7(PACC) A. Purpose and Intent. The PACC District is established to provide for the development and maintenance of professional and administrative office uses and commercial uses on lots located between South Bristol Street and Zenith Avenue in a manner which will ensure lot consolidation and vehicular access to and from South Bristol Street. B. Principal Uses Permitted. 1. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Single family detached dwelling units which lawfully existed at the time of initial adoption of these regulations by the County of Orange may be rebuilt in conformance with the zoning regulations in effect prior to the adoption of this specific plan. However, such reconstruction must comply with current building and related codes. • 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. All uses permitted within the PA "Professional and Administrative Office" District per Section 20.44.055. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Retail businesses. b. Service businesses. C. Restaurants without drive-through facilities. d. Any other uses which the Planning Commission finds consistent with the purpose and intent of this district. C. Site Development Standards. 1. Building Site Area: All lots within this district shall be consolidated into one building site to achieve a minimum area of 40,000 square feet. 2. Vehicular Access. Vehicular access shall be South Bristol Street. vnorot Page 20.44-54 Specific Plan District#7 Santa Ana Heights 3. Other Standards. All other site development standards shall be the same as those set forth in Section 20.44.055 for the PA "Professional and Administrative Office"District. 20.44.065 Planned Development Combining District: (PD) A. Origin of Regulations. The PD combining regulations set forth in this Section are adapted from the County of Orange Zoning Code in order to provide continuity of land use regulation for properties which were designated as "PD" under County jurisdiction prior to annexation to the City. Thus, the applicable PD regulations and map designations have been carried forward in this City Specific Plan via the following text and the Specific Plan#7 Land Use Map(Exhibit 20.44-1). B. Purpose and Intent.The purpose of this district is to provide a method whereby land may be developed utilizing design features which take advantage of modern site planning techniques to produce an integrated development project providing an environment of stable, desirable character which will be in harmony with existing and potential ote e p n development of the surrounding neighborhood. The regulations of this district are intended to produce planned development projects which meet standards of open space, light and air, and density of land uses which provide for better use of common areas, open space and off-street parking facilities and provide for safe and efficient vehicular and pedestrian circulation. These regulations are intended to be utilized only for integrated Planned development projects and should not be utilized for the establishment of individual land uses or structures unless they would become an integral part of an existing planned development. C. Application. In any district where the district symbol is followed by, as a part of such symbol, the letters "PD," planned development projects shall be permitted subject to the regulations of this section. The district symbol shall constitute the "base district" and the PD suffix shall constitute the "combining district" indicating the additional permitted uses subject to the development standards as provided in this section and the provisions of the use permit required for all planned development projects. Projects which are not planned developments and uses or structures which are not part of planned developments shall not be subject to these regulations. D. Principal Uses Permitted Subiect to a Use Permit. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: ttnoia ` Page 20.44-55 Specific Plan District#7 Santa Ana Heights 1. Uses permitted by the base district regulations. 2. Planned unit developments not otherwise permitted through base district regulations. 3. Any other use which the Planning Commission finds consistent with the purpose and intent of this District. E. Accessory Uses Permitted. Accessory uses and structures which are customarily associated with and subordinate to a permitted principal use within the same project net area, which are consistent with the design of the planned development project, and which are consistent with the purpose and intent of this district are permitted subject to a use permit approved by the Planning Director per Chapter 20.91. F. Prohibited Uses. Uses not permitted in this Section are specifically prohibited. G. Site Development Standards. The following site development standards are in addition to the site development standards of the base district unless otherwise stated below. 1. Building Site Area. For planned developments, the project net area shall be used. The size, location, and configuration of individual lots shall be • determined by the required use permit and the tract map for the project. 2. Building Site Coverage. For planned developments, there shall be no maximum building coverage for any individual site. However, the project net area shall not exceed the following building coverage: a. 40 percent for residential projects. b. 25 percent for office and commercial projects. C. 35 percent for industrial projects. 3. Area Per Unit. For residential planned developments, there shall be no minimum land area per unit for any individual site. However, the project net area shall have an average land area per unit no less than the minimum area per unit required by the base district or per Subsection 20.44.025-B. (Note: This is normally designated by a number following the district symbol "PD" and enclosed in parenthesis on the zoning district map.) 4. Number of Dwelling Units. The project net area divided by the minimum land area per dwelling unit will determine the maximum number of permitted dwelling units for the project. • 1 v20/01 Page 20.44-56 Specific Plan District#7 Santa Ana Heights S. Building Setbacks. For planned developments,building locations need not satisfy the base district setback regulations but shall be determined by the approved use permit. Building locations shall be dimensioned on the use permit plans including distances between buildings and distances from streets and common driveways. 20.44.070 Commercial Stable Overlay District: (S) A. Principal Uses Permitted. Commercial stables, housing horses and ponies only, are permitted in areas designed with an"(S)"overlay designation,subject to approval of a use permit by the Planning Commission per Chapter 20.91. No residential uses shall be permitted on the same building site as a commercial stable. B. Site Development Standards. 1. Building Height: 20 feet maximum, except for structures used for the storage of hay. However, in no case shall any structure exceed 35 feet in height. 2. Building Setbacks. Minimum setbacks for all structures housing animals • shall be as follows (all other structures shall be located in conformance with the standards of the underlying base district (e.g. "REQ Residential Equestrian")): a. Front Setback.: 50 feet minimum. Exercise areas, such as arenas, shall be set back a minimum of 25 feet. b. Side Setbacks: (1) Abutting all districts except BP District: 5 feet minimum. Exercise areas shall also be set back a minimum of 5 feet. (2) Abutting BP District: 25 feet minimum. Exercise areas shall be set back a minimum of 5 feet. C. Rear Setback: 5 feet minimum. Exercise areas shall also be set back a minimum of 5 feet. 3. Number of Animals: 25 animals per gross acre maximum. 11/20/01 Page 20.44-57 Specific Plan District#7 Santa Ana Heights 4. Landscaping. Boundary landscaping shall consist of trees, shrubs, vines, grasses, ground cover or any combination thereof. Such areas shall not include open soils, building, paving, gravel or any other assemblage of building materials upon or over the land. Landscaping shall be provided as follows: a. Boundary landscaping with a minimum depth of 20 feet along all property lines abutting a public street,except for the area required for street openings. b. Boundary landscaping with a minimum depth of 5 feet along all property lines not abutting a public street. C. An approved irrigation system shall be provided. 5. Building Design. All buildings shall maintain a consistent design theme (e.g., use of similar exterior materials). Use of earthtone colors and non- reflective roof materials shall be required. 6. Lighting. All lighting shall be designed and located so that direct rays are confined to the premises. • 20.44.075 Public Improvements. A. Purpose and Intent. The intent of this Section is to provide for public improvements identified as needed for the area in the County's Santa Ana Heights Specific Plan, precursor to the present City of Newport Beach Specific Plan. B. Circulation Plan. The Circulation Plan is designed to provide for safe vehicular, equestrian and pedestrian movement within and adjacent to the specific plan area. Santa Ana Heights has been heavily impacted by nonresidential traffic attempting to avoid congested conditions on surrounding arterials. Thus, a primary consideration in the development of the plan was reduction of through traffic within residential areas. With the development of business park uses within areas adjacent to residential uses, another consideration was the separation of business park and residential traffic. Street improvements and modifications intended to achieve these objectives are described below (Note: Improvement Features 2 and 6 are not within the portion of Santa Ana Heights annexed to the City of Newport Beach, but are within the original larger County specific plan area. They are included below for informational purposes and to provide continuity with the County specific plan). • 11/20/01 Page 20.44-58 Specific Plan District#7 Santa Ana Heights • Improvement Feature 1: Installation of a traffic signal at the intersection of Irvine Avenue and Orchard Drive. • Improvement Feature 2: Installation of a traffic signal at the intersection of Mesa Drive and Santa Ana Avenue. • Improvement Feature.3: Construction of a cul-de-sac and improvement of Cypress Street south of South Bristol Street. • Improvement Feature 4: Monitoring traffic in the Bayview tract.The City will continue the County's program to monitor traffic in the Bayview tract. However, traffic counts have not indicated a significant increase in traffic volumes that would warrant further circulation improvements. If traffic counts do show a significant increase in traffic volumes, a circulation improvement test program to study and develop a method to control any potential through traffic in the Bayview tract will be reviewed and implemented. The program's objective would be development of an optimal solution, one that minimizes through traffic along Mesa Drive and in the Bayview tract without significantly inconveniencing a large number of residents. The test program methodology will include extensive monitoring of traffic before any improvements are installed and then systematic monitoring of a variety of test alternatives. Each alternative would involve installation of temporary improvements for a period of possibly 30 days. The alternatives to be tested could include: 1) a cul-de-sac at the north end of Orchid Street; 2) the closure of Spruce Avenue; 3) closure of the north end of Orchid Street and the south end of Bayview Avenue; and 4) the closure of both Spruce and Bayview Avenues just north of Azure Street to northbound traffic, in tandem with the Orchid Street cul-de-sac. Other alternatives might be tested in addition to, or in lieu of, those mentioned above, The community would be consulted both before and after the program is implemented. Both traffic engineering criteria and community input would be considered in evaluating the results of the program. • Improvement Feature 5: Realignment of the intersection at Mesa Drive and Acacia Street. The Acacia Street intersection with Mesa Drive will be improved to make a T-intersection with the realignment of Mesa Drive/Birch Street(Feature 7) for improved sight distance, • Improvement Feature 6: Construction of a cul-de-sac at the eastern end of Orchard Drive within the western portion of Santa Ana Heights and vacation of the remaining right-of-way. 11/20/01 Page 20.44-59 Specific Plan District#7 Santa Ana Heights • • Improvement Feature 7: Realignment of Birch Street/Mesa Drive and roadway improvements. These improvements will widen Birch Street to an 80 foot right-of-way south of Bristol Street and connect Birch Street to Irvine Avenue by incorporation of a section of Mesa Drive. • Improvement Feature 8: Additional right-of-way and pavement width on the Business Park streets: 70 feet of total right-of-way for Acacia Street, 70 feet of right-of-way for Orchard Drive east of Birch Street, and 80 feet of total right- of-way for Birch Street. Mesa Drive from Irvine Avenue to the realigned portion of Birch Street will also be increased to an 80-foot right-of-way. The above circulation improvements have been implemented in a phased manner to best achieve the plan's objectives. Implementation of Improvement Features 1, 3, and 4 have been given priority because they are designed to provide an early reduction or' elimination of through and business park traffic in residential neighborhoods. As of the current Specific Plan revision, Improvement Features 1, 2, 3, 5, 6, and 7 are complete. For Improvement Feature 4, traffic continues to be monitored. Improvement Feature 8 is currently being designed and will be implemented when • the required right-of-way has been acquired. Funding possibilities for these improvements include the Orange County Development Agency, an assessment district, or developer contribution. C. Public Services/Utilities Plan. The Public Services/Utilities Plan addresses the adequacy of existing water, sewer and drainage facilities to meet existing and ultimate demand and identifies those public works facility improvements needed to implement the Land Use Plan. The public works improvements recommended are based on studies prepared by the County which took into account ultimate buildout of the specific plan area, Orange County fire flow requirements and other design criteria. City design criteria may differ in some respects, which may require modifications before implementation occurs. The proposed upgrading of facilities is required to eliminate deficiencies which will be created once the Specific Plan is implemented. Some relocation of facilities will be necessary due to proposed realignments of street rights-of-way. Specific proposals for the improvement and modification of facilities and services are described below. • i v2oim Page 20.44-60 Specific Plan District#7 Santa Ana Heights 1. Water Distribution System Improvements. The Irvine Ranch Water District presently provides adequate water service to the specific plan area to serve existing land uses. Ultimate development of the area, however, will require 7,400 linear feet of six-inch and eight-inch water mains and additional fire hydrants for fire protection. Planned improvements are described below. (Note:Improvement Features 3 and 4 are not within the portion of Santa Ana Heights annexed to the City of Newport Beach, but are within the original larger County specific plan area. Thus, they are described here for informational purposes and to provide continuity with the County specific plan). • Improvement Feature 1: Replacement of the 64nch line with an 8-inch line on Irvine Avenue and Acacia Street from South Bristol to Mesa Drive. • Improvement Feature 2: Installation of the 12-inch water main along South Bristol Street from Irvine Avenue to Spruce Avenue. • Improvement Feature 3: Replacement of the 4-inch line with a 6-inch line from Orchard Drive south along Riverside Drive. • Improvement Feature 4: Replacement of the 4-inch line with a 6-inch line from Orchard Drive south 700 feet along Kline Drive. • Improvement Feature 5: Replacement of the 6-inch line with a 12-inch line on Birch Street between South Bristol Street and Mesa Drive, and the extension of the 12-inch line west along Mesa Drive to Irvine Ave. As of the current Specific Plan revision, Improvement Features 2 and 5 have been completed. 2. Sewer System Improvements.The Costa Mesa Sanitation District(CMSD) provides sewer service to the specific plan area. Various sewer mains in the area flow at or near capacity. In order to adequately serve ultimate buildout, installation of 8,215 linear feet of 10-inch through 18-inch sewer mains and upgrading of two pump stations in the general area will be required. The following improvements have been identified for construction and/or upgrading. (Note: Certain of the following Improvement Features are not within that portion of Santa Ana Heights annexed to the City of Newport Beach, but are within the original larger County specific plan area. Thus, they are described here for informational purposes and to provide continuity with the County specific plan.) 11/20/01 • Page 20.44-61 Specific Plan District#7 --- -Santa Ana Heights • • Improvement Feature A: Line A, located on the north side of the Santa Ana-Delhi channel, conveys sewer flows from Bristol Street east to Santa Ana Avenue and then continues south along the channel. This main does not convey sewer flows from the specific plan area. This 8- inch diameter line will be expanded to a 10-inch line. •' Improvement Feature B: South Bristol Flow Reversal. This project is to direct a portion of the sewer flow in the study area from CMSD facilities to the Sanitation Districts of Orange County facilities. This project includes a 12-inch gravity sewer. • Improvement Feature C: Line C, located along the Santa Ana-Delhi channel, conveys sewer flows from the western portion of Santa Ana Heights and the commercial center on Santa Ana Avenue. An 18-inch parallel line is proposed to be installed. • Improvement Feature D: Pump Station 11 collects sewer flows from various portions of Santa Ana Heights and pumps to Sewer Pump Station 10 (Improvement Feature E). Pump Station 11 is proposed for upgrading, to include installation of new pumps and controls, electrical service, and remodeling of the existing wet well. • Improvement Feature E: Pump Station 10 pumps sewer flows from various portions of Santa Ana Heights to the 24-inch sewer trunkline along Fair Drive (Improvement Feature F), which flows into the CMSD treatment facility. Pump Station 10 is proposed for upgrading, to include installation of new pumps and controls, electrical service, and remodeling of the existing wet well. • Improvement Feature F: Line F is a 24-inch trunkline located along Fair Drive which transports flows from Pump Station 10 to the CMSD treatment facility. A 15-inch parallel line is proposed to be installed. • Improvement Feature G, Area 2 Outfall Sewer Facilities: This project will reduce the flows to Costa Mesa Sanitary District's Tustin Office Avenue Pumping Station, in order to meet demands under ultimate conditions. The project includes a new pump station at the Bristol/Birch intersection, a gravity sewer, and a new sewer force main in Birch Street, along the SR-73 bridge and extending northerly into Newport Beach. In includes a gravity sewer in Birch Street from the SR-73 bridge to MacArthur Boulevard. 11/20/01 Page 20.44-62 Specific Plan District#7 Santa Ana Heights 3. Drainage System Improvements. In general, the existing storm runoff • collection system within the specific plan area is adequate, with the exception of areas where proposed circulation realignments and modifications will alter street drainage patterns. The ultimate land use changes and circulation improvements will require the construction of 2;550 linear feet of 30-inch reinforced concrete pipe (RCP) mains and a • system of catch basins. Improvements to the existing system are described below. (Note: Certain of the following Improvement Areas are not within that portion of Santa Ana Heights annexed to the City of Newport Beach, but are within the original larger County specific plan area. Thus, they are described here for informational purposes and to provide continuity with the County specific plan. Several of these improvements have been completed.) Improvement Area 1: • One 14-foot catch basin at Orchard Drive and Birch Street. • 304nch RCP along Birch Street from Orchard Drive to Mesa Drive. • One 7-foot catch basin at Mesa Drive to drain southerly. • 30-inch RCP from Mesa Drive to Santa Ana-Delhi channel. Improvement Area 2: • 30-inch RCP on Cypress Street from Cypress Street cul-de-sac to South Bristol Street. • Two 14-foot catch basins at Cypress Street cul-de-sac. Improvement Area 3: • One 14-foot catch basin at Orchard Drive cul-de-sac. • One 18-inch RCP from Orchard Drive cul-de-sac to the Santa Ana- Delhi channel. Improvement Area 4: • Installation of 1,900 feet of storm drain along Santa Ana Avenue south of Orchard Drive. • Installation of eight catch basins on Santa Ana Avenue. 11/20/01 Page 20.44-63 Specific Plan District#7 Santa Ana Heights • improvement Area 5: • Installation of an 18-inch diameter drainage system along Indus Street and Redlands Drive to divert storm water run-off around this area to the Santa Ana-Delhi Channel. Improvement Area 6: • Installation of an 18-inch diameter RCP and three catch basins along Bayview Avenue. • Installation of a storm drain and two catch basins along 250 feet of Orchid Street. Birch-Cypress Drainage Problem: A localized drainage problem exists along Birch and Cypress streets south of Orchard Drive. In this area, surface runoff flows from parcels fronting on Cypress Street onto parcels along Birch Street. Ponding of water also occurs on at least one parcel along Birch Street. This drainage situation is a particular concern where business park development is planned to occur . along Birch Street. Such development must provide for the transport of runoff from adjacent residential parcels to the drainage facilities planned along Birch Street. The area affected by this drainage is based on existing topography. In order to adequately provide for surface runoff in this area, a comprehensive drainage plan and implementation program must be developed for the area prior to any business park development within the affected area. Possible drainage solutions which are being considered include the following: • An underground storm drain collection system. • A pumping station which collects storm runoff and pumps to an acceptable public storm drain system. Funding possibilities for the above improvements include the Orange County Development Agency, an assessment district, or developer contribution. 4. Electric Telephone and Cable Television Improvements. Although not anticipated,the planned improvements and modifications to the circulation system may require utility relocations,realignments, or abandonments. D. Fire Protection. Addition of the development in Santa Ana Heights to the City's fire protection responsibilities may require the construction of a new fire station, located 11/20/01 Page 20.44-64 Specific Plan District#7 Santa Ana Heights in or near Santa Ana Heights. Funding possibilities for the fire station include the Orange County Development Agency, an assessment district and/or developer contributions. E. Recreation Improvements. The Recreation Plan is designed to enhance equestrian opportunities within the specific plan area with appropriate connections between local and regional trail systems. Exhibit 20.44-9 identifies those recreational facilities planned within and adjacent to the specific plan area.Elements of the Recreation Plan are as follows: 1. A local equestrian trail has been constructed along the west side of Cypress Street from the north end of the street to Mesa Drive.As currently shown on the Recreation Plan, the trail would continue west along the south side of Mesa Drive to just prior to Birch Street, where it turns south to connect with the proposed regional trails along Upper Newport Bay and the Santa Ana-Delhi channel. This local equestrian trail is also planned to extend east along Mesa Drive from Cypress Street to the Irvine Coast Regional Trail. 2. Acquisition of an appropriate site for development of a public equestrian center will be studied.Facilities within a center may include box stalls and • pipe corrals, arenas, horse rental facilities, parking and staging areas, and other related support facilities, including an office and storage rooms. If a site is acquired by a public agency, the property would be developed and maintained by a private stable operator under a lease agreement with the agency. 11/20/01 20.44-65 Specific Plan District#7 Santa Ana Heights •_ u IOC x ;<AN /ll' V•r` .T'•�r } \ \ it .to i < ' ,f. t� ��;;,,,, �� i • W. vrtL 'r• � : . '%�" tMetrEwroniutrRcr+owur�wc ... _ [—w-fflj Regional Bikeway FN-0-4 Regional Riding and Hiking Trail 00 Proposed Regional Bikeway ®° Proposed Regional Riding and Hiking Trail ® Proposed Local Equestrian Trail ®Golf Course ® Local Equestrian Trail Proposed County Regional Park EXHIBIT 20.44-9: RECREATION PLAN t uzoiot Page 20.44-66 Specific Plan District#7 Santa Ana Heights 3. Regional recreation facilities, either existing or proposed within the • general areas, include; two existing golf courses,the Newport Beach Golf Course and Santa Ana Country Club; the existing Irvine Coast Regional Riding and Hiking Trail through Upper Newport Bay, linking the existing trail along San Diego Creek with the proposed Santa Ana Heights Regional Riding and Hiking Trail along the Santa Ana-Delhi channel; an existing bikeway along Irvine Avenue south of University Drive; and - proposed bikeways along University Drive and through Upper Newport Bay. 4. The County's Upper Newport Bay Regional Park will include land adjacent to the State Ecological Reserve. This regional park will complement the Ecological Reserve with more active uses, such as an interpretive center and a pedestrian trail, and will serve as a buffer from adjacent land development. 20A4.080 Discretionary Review and Amendments. A. Discretionary Permit Procedures. Discretionary permits, including use permits, variances, site plan review, and modification permits, shall be processed per Part VI of the Zoning Code. B. Specific Plan Amendment Procedures. This Specific Plan is part of the City's Zoning Code. Therefore, amendments to the Specific Plan shall be processed in accordance with the procedures for Code amendments as set forth in Chapter 20.94. 11/20/01 Page 20.45-1 Specific Plan District#8 • Central Balboa CHAPTER 20.45 SPECIFIC PLAN DISTRICT#8 CENTRAL BALBOA Sections: 20.45.010 Establishment of Specific Plan District 20.45.015 Purpose 20.45.020 General Controls 20.45.025 Development Plan Review Required 20.45.030 Land Use Regulations 20.45.035 Commercial Property Development Regulations 20.45.040 Residential District Property Development Regulations 20.45.045 GEIF and Open Space Property Development Regulations 20.45.050 General Regulations 20.45.055 Public Improvement Component 20.45.010 Establishment of Specific Plan District-Central Balboa • The provisions of this chapter shall apply to all parcels within the boundaries of Specific Plan District#8, Central Balboa, established by Ordinance 94-44 and shown on Districting Map No. 11. 20.45.015 Purpose This specific plan establishes 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 plan are as follows: 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. • Ol/04/06 Page 20.45-2 Specific Plan District 48 Central Balboa • 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 mid 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. This specific plan ensures 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. The City also provides 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. 01104106 • Page 20.45-3 Specific Plan District#8 • Central Balboa 20.45.020 General Controls 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 Structures and Uses. Nonconforming structures and uses shall be governed by the provisions of Section 20.45.050 (11) of this chapter and in Chapter 20.62. 20.45.025 Development Plan Review Required A. General. The City Council finds, determines and declares that the • preservation and enhancement of the Balboa Village area through the consistent application of sound urban design principles and the promotion of thoughtful and tasteful design while allowing creative flexibility as described in the design guidelines is desirable.Therefore, any development, reconstruction and remoldeling shall be reviewed for consistency with adopted design principles contained within the Balboa Village design guidelines in order to implement the goals and objectives of the design guidelines and specific plan district and 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 the specific plan area will not preclude attainment of the general plan and specific plan objectives and policies. 2. To protect and preserve the value of properties and to encourage high quality development thereof in Balboa Village where adverse effects could result from inadequate and poorly planned buildings and landscaping and from the failure to preserve, where feasible, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. • Ot/04/06 Page 2OA5.4 Specific Plan District 48 Central Balboa • 3. To ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within the specific plan area shall be protected by the exercise of reasonable controls over the layout and site location and design characteristics of private buildings,structures and open spaces. 4. To maintain a pedestrian environment and compatibility with prominent landmarks and existing developments. 5. To promote the maintenance of superior site location characteristics adjoining Balboa Boulevard, a thoroughfare of city wide importance; to ensure that the community benefits from the commercial use; the natural assetssuch as the harbor and ocean; and to preserve and protect the property values in said areas. B. Application. Development plan review and approval shall be obtained from the Planning Director prior to the issuance of a building permit for any exterior work for any new building to be constructed, or any existing building to be reconstructed or remodeled, or initiation of landscaping or lighting installation. An application for a development plan shall be filed in a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fees. • C. Review. The Planning Director, or his/her authorized representative, shall review any plans,applications or other information for consistency with the adopted Balboa Village design guidelines and other applicable ordinances and policies the Planning Director shall approve a development plan only if the project is found to be consistent with the design guidelines and applicable ordinances and policies. The Planning Director shall have the discretion to refer any development plan to the Planning Commission for consideration and decision. 20.45.030 Land Use Regulations A. Land Use Designations. The following land use designations are established: 1. Retail and Service Commercial,SP-8 (RSC)District. 2. Residential-Professional, SP-8 (RP)District. 3. Two Family Residential, SP-8 (R-2)District 4, Multi-Family Residential, SP-8(MFR)District. Ol/04lOG • Page 20.45-5 Specific Plan District#8 • Central Balboa 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 Plan Land Use Map", which map and all information and notations thereon are made a part of this section by reference. B. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in Central Balboa Specific Plan District, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in Central Balboa. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on • the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Central Balboa: Land Use Regulations P = Permitted UP = Use permit PD/U=Use permit issued by the Planning Director L = Limited(see Additional[and Use Reaulalions) — = Not Permitted RSC RP R-2 MFR GI;IF OS Additional Regulations RESIDENTIAL (A),(B),(C), (M) DAY CARE,LIMITED --- P P P --- --- MULTI-FAMILY RESIDENTIAL L-1 --- --- P --- --- RESIDENTIAL CARE,LIMITED --- P P P --- --- SINGLE FAMILY RESIDENTIAL L-1 P P P --- L-2 TWO-FAMILY RESIDENTIAL L-1 P P P --- --- PUBLICAND SEMI-PUBLIC (A),(B),(C), (M) • 01/04/OG Page 20.45-6 Specific Plan District#8 Central Balboa • Central Balboa: Land Use Regulations P - Permitted UP - Use permit PD/U-Use permit issued by the Planning Director L -Limited(swAdditional Lord U<e Reaulationd —- Not Permitted RSC RP R-2 MFR GEIF OS Additional Regulations CLUBS AND LODGES P L-3 L-3 L-3 L4 --- (0) CONVALESCENT FACILITIES UP UP -- -- -- (D) CULTURAL INSTITUTIONS — -- -- — L4 — (0) DAY CARE,GENERAL UP -- -- - - •-- (D) GOVERNMENT OFFICES P »- L-4 --- HELIPORTS UP UP UP UP L•4 UP (E) HOSPITALS --- ^- -- L4 -- MARINAS P ... __ --- UP (P) PARK AND RECREATION FACILITIES P L-3 L-3 L-3 -- P PUBLIC SAFETY FACILITIES UP --- —. .•. L4 RELIGIOUS ASSEMBLY L-5 -- L.4 RESIDENTIAL CARE,GENERAL UP UP UP UP -- -- SCHOOLS,PUBLIC AND PRIVATE --- -- -- -- L-4 -- • UTILITIES,MAJOR UP UP UP UP L4 UP UTILITIES,MINOR P P P P P P (A),(B),(C), COMMERCIAL USES (M) ANIMAL SALES AND SERVICES ... -ANIMAL GROOMING PD/U -ANIMAL HOSPITALS UP --- --- ••. -ANIMAL RETAIL SALES PD/U -- ARTISTS'STUDIOS P P ... -- (D),(G) BANKS/SAVINGS AND LOANS P ... --- --- -- CATERING SERVICES P UP --- •-- -•- --- (D) COMMERCIAL FILMING UP -- »- •-• ... (G) COMMERCIAL RECREATION AND UP -- -- — L•6 (G),(0) ENTERTAINMENT BATING AND DRINKING ESTABLISHMENTS -FULL SERVICE,HIGH TURNOVER UP -- -- -- -- (G),(H),(I),(0) -FULL SERVICE,LOW TURNOVER UP -- -- - (G),(H),(I),(0) -FULL SERVICE,SMALL SCALE PD/U -- -- - - (G),(H),(I),(0) -TAKE-OUT SERVICE UP — __ _ __ (0),(H),(I),(0) -TAKE-OUT SERVICE,LIMITED PD/U --- -•- -•- --- (G),(H),(I),(0) O1104106 • Page 20.45-7 Specific Plan District#8 • Central Balboa Central Balboa: Land Use Regulations P = Pemtitted UP = Use permit PDN=Use permit issued by the Planning Director L = Limited(see Additional Land Use Regulations) --=Not Permitted RSC RP R-2 MFR GEIF OS Additional Regulations -ACCESSORY P — --- --- P -- (G),(H),(I),(0) -BARS AND COCKTAIL LOUNGES UP --- — --- --- --- (G),(H),(1),(0) FOOD AND BEVERAGE SALES P --- -- --- --- (0) FUNERAL AND INTERNMENT SERVICES UP --- --- --- --- MAINTENANCE AND REPAIR SERVICES P P --- --- -- (D),(M) MARINE SALES AND SERVICES -BOAT CHARTER,RENTAL,AND SALES UP --- --- --- --- (F),(M) -MARINE SERVICE STATION PD/U --- --- --- --- --- (F) -RETAIL MARINE SALES P --- --- --- --- --- NURSERIES P --- --- --- --- --- OFFICES,BUSINESS AND PROCESSIONAL P P --- --- --- --- (D) PAWN SHOPS P --- --- --- --- --- (G) PERSONAL IMPROVEMENT SERVICES PD/U UP --- --- --- --- (D),(G) • PERSONAL SERVICES P P = --- --- (D),(I) -DRY CLEANERS P -DRY CLEANERS(COLLECTION ONLY) P --- --- --- --- -FORTUNE TELLING P P -- --- --- (D) -SELF SERVICE LAUNDRIES UP -- --- --- --- --- POSTAL SERVICES P P --- --- --- --- (D) PRINTING AND DUPLICATING SERVICES P P --- --- --- --- (D) RETAIL SALES P --- --- --- --- --- SECOND HAND APPLIANCES/CLOTHING PD/U -- --- --- --- --- (G) TRAVEL SERVICES P P --- --- --- --- (D) VEHICLE/EQUIPMENT SALES AND SERVICES -AUTOMOBILE RENTALS L-7 --- --- --- --- --- -COMMERCIAL PARKING FACILITY PD/U L-8 L-8 L-8 L-4 --- VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U UP UP UP --- --- -HOTELS,MOTELS AND TIME-SHARES UP --- --- --- --- --- (N) -SRO RESIDENTIAL HOTELS UP --- --- UP --- --- ACCESSORY USES (A),(B),(C) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP P/UP P/UP --- (L) • 01/04l06 Page 20.45.8 Specific Plan District#8 Central Balboa Central Balboa: Land Use Regulndons P - Permitted UP -Usepennit PD/U+Use peril issued by the Planning Director L - Limited(see Additional Lind Use Roeulati t v — - Not Permitted RSC RP R-2 MFR GEIF OS Addidonal Regulations TEAMO&I RY USES (A),(B),(C) ANIMAL SHOWS P --- --- --- P P (K) CHRISTMAS TREE/PUMPKIN SALES L-9 --- --- --_ --- — (B) CIRCUSES AND CARNIVALS P — — — P P (K) COMMERCIAL FILMING,LIMITED P -- — — P P (K) FAIRS AND FESTIVALS P -- --- -- P P (K) PERSONAL PROPERTY SALES -- P P P -_ (P) OUTDOOR STORAGE,TEMPORARY P -- - - (M) REAL ESTATE OFFICES,TEMPORARY L-9 L-9 L-9 L-9 -- RECREATION & ENTERTAINMENT P — -- P P (K) EVENTS TRADE FAIRS P --- _-- -- P P (K) Central Balboa Specitle Plan: Additional Land Use Regulations L-1 See Section 20.45.035(B). L-2 Permitted as a security guard or caretakers residence. L-3 Limited to facilities developed as part of a residential development. L-4 In GET and OS districts, approval of a use permit in accordance with the provisions of Chapter 20.91 for the establishment of any new use permitted by this section, or any expansion or changes in the operational characteristics of an existing use within this zoning district,unless said use is owned and or operated by a governmental agency that is exempted from the provisions of this section by constitutional or statutory law, and is acting in its governmental capacity. L-5 Limited to facilities occupying less then 5,000 square feet;use permit required. L-6 Permitted with a use permit as part of a park or recreational facility. L-7 Offices only,no vehicles stored on premises. 01104106 • Page 20.45-9 Specific Plan District#8 • Central Balboa L-8 Permitted only when adjacent to a commercial district. L-9 Subject to the approval of the Planning Director (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) Commercial uses shall be permitted in the SP-8 (RP) District subject to the following provisions: 1. Commercial uses are permitted on the ground floor only and on the front 50 percent of the lot. 2. The commercial portion shall be limited to a floor area ratio of 0.25. 3. The total gross floor area for all structures on any site shall not exceed 2.00. • 4. Off-street parking for commercial uses shall be as specified in Section 20.45.050 (F). (E) See Section 20.60.055: Heliports and Helistops. (F) See Section 20.60.070: Waterfront Development Regulations. (G) See Section 20.60.085: Uses Requiring City Manager Approval. (H) See Chapter 20.82: Eating and Drinking Establishments. (I) In addition to the findings established in Chapter 20.82, the Planning Director or Planning Commission, as the case may be, shall make the following findings in order to approve a drive-in, take-out or small-scale eating and drinking establishment: 1. That the operator of the food service use will be responsible for the clean-up of all on-site and off-site trash, garbage and litter generated by the use. 2. That the operator of the food service use has submitted a practical program for monitoring and implementing the clean-up of site and adjacent areas. (J) Independent massage establishments not permitted (See Chapter 20.87: Massage Establishments). • Ol/04/06 Pagc 20.45-10 Specific Plan District 118 Central Balboa . (K) Special event permit required,see Chapter 5.10 of the Municipal Code. (L) See Section 20.60.100: Home Occupations in Residential Districts. (M) See Section 20.60.105: Outdoor Storage&Display. (1) See Chapter 20.84:Time Share Developments. (0) See Chapter 20.89: Alcoholic Beverage Outlets. (P) See Section 20.60.120: Personal Property Sales in Residential Districts, 20.45.035 Commercial'Property Development Regulations The following schedule prescribes development regulations for Central Balboa Specific Plan District commercial areas. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Central Balboa Specific Plan District: • Commercial Property Development Regulations RSC RP Additional Regulations (A) Minimum Site Area per Unit(sq.1) 1000 (B) Minimum Lot Area(sq.ft.) 2,000 5,000 (C) -Comer Lots(sq.ft.) 2,000 6,000 (C) Minimum Lot Width(ft.) 25 50 (C) -Corner Lots(ft.) 25 60 (C) Minimum Yards: (A),(D) Front(ft.) 5 (A),(D),(B) Side(ft.) — 3;4 (A),(D),(F) -Abutting a residential district(ft.) 5 3;4 (A),(D) Corner Setback 8 (A),(D),(0) Rear(ft.) --- 10 (A),(D) -Abutting a residential district(ft.) 5 t0 (A),(D) -Abutting an alley(ft.) 10 5 (A),(D) ntioame • Page 20.45-11 Specific Plan District#8 • Central Balboa Central Balboa Specific Plan District: Commercial Property Development Regulations RSC RP Additional Regulations Required Building Lines --- (A),(H) Required Vertical Articulation — (A),(n Required Horizontal Articulation --- (A),(J) Bulkhead Setback 10 10 (A),(K) Landscaping 8% --- (A),(L) Building Materials -- (A),(M) Maximum Height(8.) (A),(N) Maximum Floor Area Limit (A),(0) • Required Open Space(sq.11.) 100 100 (A),(B),(P) Off-Street Parking and Loading (A),(Q) Non-conforming Structures and Uses (A),(R) Refuse Storage Screening (A),(S) Signs (A) Central Balboa Specific Plan: Additional Commercial Property Development Regulations (A) See Section 20.45.050 (A): Alternative Development Regulations. (B) Residential Development. Residential uses shall be permitted above the first floor in the SP-8 (RSC) District. 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 1 dwelling unit per lot shall be permitted. • 0l/04/06 Page 20AS-12 Specific Plan District tI8 Central Balbo a oa • 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. I 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 20.63. 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 20.63. 6. The residential portion of the structure shall be limited to a maximum floor area ratio of 0.75. 7. A minimum of 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 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 20.45.050(B)of this chapter. 8. 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. 2 spaces, including 1 covered, for units with 2 bedrooms or more or for units with floor areas in excess of 750 square feet. (C) See Chapter 19.68 in Title 19:Merger of Contiguous Lots. (D) See Section 20.45.050(B): Extensions Into Yards, (E) First Floor Front Yard Setback (Interior Lots): A minimum of 40 percent of the first floor building face shall be set back an average of 3 feet from the front setback line on interior lots. 01/04l06 • Page 20.45-13 Specific Plan District#8 • Central Balboa Frontage ORFront gem (E)First Floor Front yard Setback (F) Each side yard shall not be less than 3 feet wide on 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. (G) Comer Setback: On corner lots, the first floor of a building shall not extend beyond an imaginary line that connects a point on each of the street front property lines which is • distant from the comer property line by a length 8 feet. f Building b �I1 (H) Required Building Lines. A minimum of 60 percent of the building surface facing East Balboa Boulevard, Main Street and Palm Street shall be located within 5 feet of the setback line. • 01/04/06 Page20.45-14 Specific Plan District#8 Central Balboa j 8rilding � �} Thal (I) Required Vertical Articulation. No wall surface adjacent to a public street shall run in one continuous direction for more than 50 feet without a recess or offset break measuring at least 5 feet in depth and at least 10 feet wide. Cornices, eaves, ornamental features, mised planters up to 18 inches and open balconies and stairs may project into this area. • luilding 1 51 so, me Ib,- <%I -- .n Required Horizontal Articulation. Walls adjacent to any public street shall be setback at least 1.5 feet for every foot in excess of 19 feet above grade. 20 percent of the length of the building facade may exceed the 19 foot height limit up to the height limits specified in Chapter 20.65,in order to accommodate towers, spires, cupolas, dormers, gables, and chimneys. ouoams l Page 20.45-15 Specific Plan District#8 • Central Balboa >s 00111 a 'kyi�adAa'a �5. 26 19 (K) See Section 20.60.070: Waterfront Development Regulations. (L) Landscaping. The following landscape standards shall apply to all properties within the SP-8 (RSC) District: 1. A minimum of 8 percent 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. 2. In exterior parking areas in excess of 7,500 square feet, a minimum of 5 percent 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 3 feet wide when the perimeter line abuts a public street, 5 feet when the perimeter line abuts a residential district. 4. In exterior parking areas in excess of 7,500 square feet, a minimum of 1 tree for every 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. (M) Building Materials. 1. Not more than 40 percent 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. • O]/04/06 Page20A5-16 Specific Plan District#8 Central Balboa 0 0 (N) See Chapter 20.65: Height Limits. (0) See Chapter 20.63: Floor Area Ratios and Building Bulk. (P) SP-8 (RSC)District. A minimum of 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 6 feet and shall be open to the sky or open to at least one side. Architectural features may project into this area as permitted in Section 20.45.050 (B). SP-8 (RP)District. Open space shall be provided in addition to the required setbacks and separations betveen detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required setback lines. This open space shall be open on at least 2 sides and shall have a minimum dimension in any direction of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in 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. (Q) See Chapter 20.66: Off-Street Parking and Loading and Section 20.45.050(F). (R) See Section 20.45.050(H): Reconstruction of Non-Conforming Structures. ot/o4ft Page 20A5-17 Specific Plan District a Central Balboa (S) Refuse Storage Areas. Refuse storage areas shall be screened on all sides by a 6 foot solid wood or masonry wall,or located within a building. 20.45.040 Residential Districts Property Development Regulations The following schedule prescribes development regulations for Central Balboa Specific Plan District residential areas. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Central Balboa Specific Plan District: Residential Property Development Regulations R-2 AMR Additional Regulations Minimum Site Area per Unit(sq.ft.) 1,000 1,200 (B),(C) Minimum Lot Area(sq.ft.) 5,000 5,000 (B) -Comer Lots(sq.ft.) 6,000 6,000 (B) Minimum Lot Width(ft.) 50 50 (B) • -Corner Lots(ft.) 60 60 (B) Minimum Yards: (A),(D),(E),(F) Front(ft.) 5;10 5;10 (A),(D),(E),(F),(G) Side(ft.) 3;4 3;4 (A),(D),(E),(F),(H) Rear(ft.) 10 10 (A),(D),(E),(F) -Abutting an alley(ft.) 5 5 (A),(D),(E),(F) Bulkhead Setback 10 10 (A),(I) Distance Between Detached Buildings 10 10 Maximum Height(ft.) (A),(J) Maximum Floor Area Limit 2.00 1.75 (A),(K) Maximum Coverage 100% 100% (A),(K) Required Open Space(sq.ft.) 100 100 (A),(L) Off-Street Parking and Loading (A),(M) • 01/04/06 Pagc20.45.18 Specific Plan District#8 Central Balboa Central Balboa Specific Plan: Additional Residential Property Development Regulations (A) See Section 20.45.050(A): Alternative Development Regulations. (B) 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. (C) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (D) See Section 20.050(B):Extensions Into Yards. (E) See Section 20.60.020:Accessory Structures and Mechanical Equipment. (F) [Reserved] (G) A front yard setback area of 5 feet shall be required, except for the south side of the 800 block of East Bay Avenue,which shall have a setback of 10 feet. (H) Each side yard shall not be less than 3 feet wide on 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. (1) See Section 20,60.070: Waterfront Development Regulations. (J) See Chapter 20.65: Height Limits. (K) See Section 20.10.030: Residential Districts: Property Development Regulations. (L) Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit,times 6 feet and may be provided anywhere on the lot behind the required,setback lines. This open space shall be open on at least 2 sides and shall have a minimum dimension in any direction of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in 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. (M) See Chapter 20.66: Off-Street Parking and Loading. 01/04106 • Page 20.45-19 Specific Plan District#8 • Central Balboa 20.45.045 GEIF and Open Space Property Development Regulations The following schedule prescribes development regulations for Central Balboa Specific Plan District institutional and open space areas. Minimum Yards: Front(ft.) Side(ft.) Minimum yards to be established by use permit. Rear(ft.) Maximum Height(ft.) See Chapter 20.65: Height Limits. Maximum Floor Area Limit See Section 20.45.050 (G): Off-Street Parking and See Chapter 20.66: Off-Street Parking and Loading Loading. • 20.45.050 General Regulations A. Alternative 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 accordance with the provisions of Chapter 20.92. 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 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. • Ol/04/06 Page 20,45-20 Specific Plan District#8 Central Balboa • 5. The proposed site plan shall ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within Central Balboa Specific Plan area shall be protected, B. Extensions Yards. Projections into required setbacks shall be permitted as specified below, provided that encroachments into alley setbacks shall provide a minimum ground clearance of 8 feet. 1. Cornices, eaves, ornamental features,window boxes: 2 feet,provided such features shall not project closer than 2 feet from a side property line. 2. Bay and greenhouse windows, located on the first floor and not exceeding 8 feet in width: 2 feet,provided such features shall not project closer than 2 feet from a property line. 3. Raised planters up to 18 itches in height: 18 inches, except in an alley setback. 4. Open porches,patios, terraces,platforms, decks and subterranean garages, not more than 3 feet in height: 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 18 inches in height, covering no more than 10 percent of the comer setback area. C. 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 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 plan. D. Awnings, Canopies. and Shades. Awnings, canopies, and shades may extend overpublic 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. etroaroa • Page 20.45-21 Specific Plan District#8 • Central Balboa 2. Such devices meet with the construction, projection and clearance requirements of the Uniform Building Code. 3. Such devices shall not extend more than 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. E. 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 50 percent. F. Off-street Parking. Off-street parking shall be provided on the site as specified in Chapter 20.66, except as provided in this section. 1. Off-Street Parking Required • a. Retail Stores: 1 parking space/350 sq. ft. of gross floor area. b. Eating and 1 parking space/50 sq. ft. of net public area; 1 Drinking parking space/35 sq. ft. of net public area when Establishments: live entertainment is present. Up to 200 sq. ft. of outdoor seating is permitted without providing additional parking provided the area faces and is open to a public street. C. Small-Scale: 1 parking space/350 sq. ft. of gross floor area. 2. Special Provisions For Tandem Parking a. Tandem parking up to a maximum of 2 vehicles in depth shall be permitted, subject to the following conditions: (1) 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 • 01/04/06 Page20AS-22 Specific Plan District#8 Central Balboa . color of the signs shall be approved by the Planning Director. (2) In mixed use development, the enclosure of parking may be permitted, subject to the conditions specified in Section 20,66.050(C-3). 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. G. Floor Area Ratio, Buildingz 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 20.63, except as provided in this section. The building height limit shall be as specified in,Chapler 20.65. 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. 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 Ol/04705 • Page 20.45-23 Specific Plan District#8 • Central Balboa 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. Reconstruction of Nonconforming Structures. 1. 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 100 percent of the existing gross floor area, subject to the following conditions: a. 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. • b. 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. C. Residential development shall be permitted within the preexisting gross floor area limits structure area pursuant to Section 20.45.035 (B) of this chapter. d. Off-street parking for residential development shall be provided on the site as specified in Section 20.45.035 (B-8). e. 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. f. Reduced F.A.R. uses legally in existence within a period of 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. • 01/04/06 Page 20.45.24 Specific Plan District N8 Central Balboa . g. A Coastal Residential Development Permit (CRDP) shall be required pursuant to the provisions of Chapter 20.86 should the alteration or reconstruction of structures result in the following: (1) The demolition or conversion of 11 or more dwelling units in 2 or more structures;or (2) The demolition or conversion of 3 or more dwelling units in 1 structure; or (3) The construction of 10 or more new dwelling units. 2. 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 site. 20.45.055 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 fluids 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 otroaroe • Page 20A5-25 Specific Plan District#8 • Central Balboa 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 Avenue; and the west side of the 100, 200, 300 blocks of A Street. These improvements include 12.5 percent 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 66 percent 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 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 • 01/04/06 Page 20AS-26 Specific Plan District#8 Central Balboa 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 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 Pahn 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 01/04/O6 • Page 20.45-27 Specific Plan District#8 • Central Balboa glare from automobile headlights without further obstructing existing views. B. PRIORITY II: IMPLEMENTATION BETWEEN TWO AND FIVE YEARS. 1. PALM STREET SIDEWALK IMPROVEMENTS Install sidewalk improvements on the east and west sides of the 100,200, and 300 blocks of Palm Street. These improvements include 12.5 percent 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 percent 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 Pahn Street. • 4. 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 Pahn Street. • Ol/04/06 Page 20A5-28 Specific Plan District#8 Central Balboa 8. UNDERGROUND UTILITIES ON PALM STREET 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 percent 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,J, 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 ovaroa • Page 20A5-29 Specific Plan District 48 • Central Balboa Undergrounding of all existing overhead utilities including, electric power, telephone and cable television, in the alleys contained in Blocks T and U, V 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. City of Newport Beach r Central Balboa Land Use Map Specific Plan District#S .•` i f x 44 c \V Open Spsce MPR—Multiramay Residmtial S ® R 2—7Wa Tanury RaIdtntlal Rcsidentral-pMr sloml CAM$P� RMall&ScM<e Commcrciol 4WSEf. ® Gwemmental,Educational,andimtitutiamlFadliti= • 01/04/06 Page 20A6-I Specific PlanDistrict#9 -Old-Newport Boulevard CHAPTER 20.46 SPECIFIC PLAN DISTRICT##9 OLD NEWPORT BOULEVARD Sections: 20.46.010 Establishment of Specific Plan District 20.46.020 Purpose and Intent 20.46.030 Land Use Regulations 20.46.040 Property Development Regulations 20.46.050 Floor Area Ratios and Building Bulk 20.46.060 General Regulations 20.46.070 Public Improvements 20.46.010 Establishment of Specific Plan District-Old Newport Boulevard The provisions of this specific plan shall apply to all parcels within the boundaries of the Old Newport Boulevard Specific Plan District, as shown on the Land Use Plan Map incorporated herein, and as shown on Districting Maps No. 5 and 25, as referred to in Section 20.00.050. 20.46.015 Purpose and Intent The purpose of this specific plan is to establish policies to guide the orderly development and improvement of the Old Newport Boulevard 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 plan are as follows: 1. To enhance the appearance, access and identity of the area as one of the primary entry points to Newport Beach, especially as viewed from Newport Boulevard and from Coast Highway. 2. To encourage redevelopment and upgrading of Old Newport Boulevard as a commercial and mixed use district with retail sales and office opportunities. 3. To establish guidelines and standards for new development, public improvements and landscaping that will encourage harmonious transitions and minimize conflicts between different uses. 11/24/99 Page 20A6-2 Specific PlanDistriet#9 Old Newport Boulevard 4. To improve access, visibility and parking in order to encourage visitor traffic and increase business activity within the district. 5. To create a unified streetscape and parking arrangement at a scale that reduces vehicle speed, increases business visibility, improves neighborhood aesthetics, and accommodates pedestrian and bicycle traffic. B. It is the intent of this specific plan to ensure consistency between the stated goals and policies of the.Land Use Element of the General Plan. This will be achieved through the equitable application of the provisions of this plan. 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 Old Newport Boulevard area, consistent with the stated goals, policies and objectives of the City's General Plan Land Use Plan. This will be achieved through the equitable application of the provisions of this plan. The majority of the Old Newport Boulevard area is designated for Retail and Service Commercial land uses. This designation is intended to provide predominately retail sales and services, with opportunities for mixed commercial/residential development with support retail commercial uses. Professional office, medical and institutional uses are also permitted. Open Space and Governmental, Educational and Institutional Facilities designations reflect existing land uses and development. 20.46.030 Land Use Regulations A. Land Use Designations. The following land use designations are established. 1. Retail and Service Commercial, SP-9 (RSC)District. 2. Governmental, Educational and Institutional Facilities, SP-9 (GEIF) District. 3. Open Space, SP-9 (OS)District. The designations, locations and boundaries of these uses are delineated upon the map entitled "Old Newport Boulevard Specific Plan, Land Use Plan Map", which map and all information and notations thereon are made a part of this section by reference. B. The followingschedule establishes t h s he land uses defined in Chapter 20.05 as permitted or conditionally permitted in the Old Newport Boulevard Specific Plan District, and includes special requirements, if any, applicable to specific uses. The following schedule establishes the land uses defined in Chapter 20,05 as 11/24/99 Page 20.46-3 Specific P1anDistrict 49 Old Newport Boulevard • permitted or conditionally permitted in commercial districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in commercial districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Old Newport Boulevard Specific Plan District: Land Use Regulations P = Permitted UP = Use Permit PD/U=Use Permit issued by the Planning Director L = Limited(see Additional Use Regulations) --- = Not Permitted RSC GEIF OS Additional Regulations • RESIDENTIAL (A),(B),(C),(D) DAY CARE,LIMITED P -- (D) SINGLE FAMILY RESIDENTIAL L-I --- --- (D) MULTI-FAMILY RESIDENTIAL L-1 --- --- (D) TWO-FAMILY RESIDENTIAL L-1 --- --- (D) PUBLICAND SEMI-PUBLIC (A),(B),(C) CLUBS AND LODGES UP --- --- (1) CONVALESCENT FACILITIES UP --- --- (D) CULTURAL INSTITUTIONS UP --- --- (1) DAY CARE,GENERAL P --- --- (D) EMERGENCY HEALTH CARE L-2 --- --- GOVERNMENT OFFICES P P --- HELIPORTS UP (E) HOSPITALS UP --- --- (D) PARK AND RECREATION FACILITIES P --- P RELIGIOUS ASSEMBLY UP P --- (D) RESIDENTIAL CARE,GENERAL UP --- --- (D) SCHOOLS,PUBLIC AND PRIVATE UP --- --- (D) UTILITIES,MAJOR --- UP --- UTILITIES,MINOR P P P • COMMERCIAL USES (A),(B),(C) 11/24/99 Page 20A64 Specific PlanDistrict#9 Old Newport Boulevard Old Newport Boulevard Specific Plan District: Land Use Regulations P -Permitted UP = Use Permit PD/U-Use Permit issued by the Planning Director L = Limited(see Additional Use Reeulationa) = Not Permitted RSC GEIF OS Addiuonsl Regulitions AMBULANCE SERVICES L-3 ••. --- ANIMAL SALES AND SERVICES -ANIMAL BOARDING --- ... --- -ANIMAL GROOMING PD/U -ANIMAL HOSPITALS UP -ANIMAL RETAIL SALES PD/U --- --- ARTISTS'STUDIOS P (F) BANKS AND SAVINGS AND LOANS P -- -WITH DRIVE-UP/DRIVE THROUGH SERVICE UP CATERING SERVICES P --- --- COMMERCIAL FILMING UP --- --- (F) COMMERCIAL RECREATION AND UP _-• --- (F),(1) ENTERTAINMENT COMMUNICATION FACILITIES P »_ EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE,HIGH TURNOVER UP --- --- (F),(G),(1) -FULL SERVICE,LOW TURNOVER UP -- »- (F),(G),(1) -PULL SERVICE,SMALL SCALE PD/U --- --- (F),(G),(1) -TAKE-OUT SERVICE UP (F),(G),(1) -TAKE-OUT SERVICE,LIMITED PD/U --- --- (F),(G),(1) -ACCESSORY P --- --- (F),(G),(I) -BARSAND COCKTAIL LOUNGES UP (F),(G),(I) FOOD AND BEVERAGE SALES P ... --- (1) FUNERAL AND INTERNMENT SERVICES L-4 -- LABORATORIES UP MAINTENANCE AND REPAIR SERVICES L-5 --- --- MARINE SALES AND SERVICES -BOAT CHARTER,RENTALS AND SALES L-6 -BOAT STORAGE L-7 --- --- NURSERIES P _- OFFICES,BUSINESS AND PROFESSIONAL P --- .-- PAWN SHOPS P _. _ (F) PERSONAL IMPROVEMENT SERVICES PD/U --- --- (F) PERSONAL SERVICES P ... .._ -DRY CLEANING BUSINESSES L-8 -MASSAGE ESTABLISHMENTS L-9 --- --- POSTAL SERVICES P I M24199 Page 20.46-5 Specific PlanDistrict 99 Old Newport Boulevard • Old Newport Boulevard Specific Plan District: Land Use Regulations P = Permitted UP = Use Permit PD/U=Use Permit issued by the Planning Director L = Limited(see Additional Use Regulations) — = Not Permitted RSC GEIF OS Additional Regulations PRINTING AND DUPLICATING SERVICES P — RESEARCH ANQ DEVELOPMENT SERVICES UP --- --- RETAIL SALES P --- --- SECOND HAND APPLIANCES/CLOTHING P --- --- (F) TRAVEL SERVICES P --- --- VEHICLE/EQUIPMENT SALES AND SERVICES (H) -AUTOMOBILE WASHING L-10 --- --- (H) -COMMERCIAL PARKING FACILITY PD/U --- --- (H) -VEHICLE/EQUIPMENT SALES AND RENTALS L-11 --- -- (H) -VEHICLE STORAGE L-7 --- --- (H) VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U --- --- -HOTELS,MOTELS AND TIME-SHARES UP --- --- -SRO HOTELS UP — — • ACCESSORY USES (A),(B),(C) ACCESSORY USES AND STRUCTURES P/UP P/UP P/UP TEMPORARY USES (A),(B),(C) ANIMAL SHOWS P P P CHRISTMAS TREE/PUMPKIN SALES P --- --- CIRCUSES AND CARNIVALS P P P COMMERCIAL FILMING,LIMITED P P P FAIRS AND FESTIVALS P P P PERSONAL PROPERTY SALES P --- (J) HELIPORTS,TEMPORARY L-12 L-12 L-12 OUTDOOR STORAGE AND DISPLAY,TEMPORARY P --- --- REAL ESTATE OFFICES,TEMPORARY L-12 P P RECREATION AND ENTERTAINMENT EVENTS P P P RELIGIOUS ASSEMBLY --- P P TRADE FAIRS P P P Additional Regulations L-1 Permitted subject to the provisions of Section 20.46.040. • 11/24/99 Page 20A6-6 Specific P1anDistrict N9 Old Newport Boulevard L-2 Permitted with a use permit in a medical office building occupying less than 25% of the gross floor area. L-3 Use permit required if located within 1,000 feet of a residential district or the boundaries of a site occupied by a Public or Private School or Park and Recreation Facility. Conditions may be imposed in approving such a permit to limit vehicle speeds and sirens. L-4 Only mortuaries allowed,use permit required. L-5 Limited to appliance and office machine repair,and building maintenance services. L-6 Permitted with a use permit With no on-site maintenance and on-site storage limited to 20 boats. L-7 Permitted with a use permit as an interim use, not to exceed 5 years with the ability for extensions, not to exceed 2 years, approved by the Planning Commission. Storage permitted at grade-level only,no multi-level storage structures permitted. L-8 Businesses providing collection and pick-up services only permitted; businesses with small-scale plants permitted with a use permit; businesses with large-scale plants not permitted. L-9 See Chapter 20.87: Massage Establishments. • L-10 Limited to hand-operated facilities; conveyor, blower, and other mechanical devices not permitted. L-11 Permitted with a use permit with no on-site maintenance and on-site storage limited to 20 vehicles. L-12 Subject to the approval of the Planning Director. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015:'Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. (D) Residential and other noise sensitive land uses located within the 60 CNEL noise contour shall incorporate walls,berms, or other noise mitigation measures in the project design in order to meet interior and exterior noise level standards established by the Noise Element of the General Plan and this code. (E) See Section 20.055:Heliports and Helistops. W24/99 Page 20.46-7 Specific P1anDistrict#9 Old Newport Boulevard • (F) See Section 20.60.085: Uses Requiring City Manager Approval. (G) See Chapter 20.82: Eating and Drinking Establishments (H) See Chapter 20:80: Automobile Service Stations. (I) See Chapter 20.89: Alcoholic Beverage Outlets. (J) See Section 20.60.120: Personal Property Sales in Residential Districts. 20.46.040 Property Development Regulations The following schedule prescribes development regulations for the Old Newport Boulevard Specific Plan District. The first four columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this ordinance. Old Newport Boulevard Specific Plan District: • Property Development Regulations RSC GEIF OS Additional Regulations Minimum Site Area per Unit(sq.ft.) 2,375 --- --- (A),(B) Maximum Number of Units Per Lot --- --- --- (A),(B) Minimum Lot Area(sq.ft.) 5,000 --- --- (A) Minimum Lot Width(ft.) 50 --- --- (A) Minimum Yards: Front(ft.) --- --- --- (C),(D),(E) Side(ft.) --- --- -- (C),(D) -Abutting an R District(ft.) 5 --- --- (C),(D),(E) Rear(ft.) --- --- --- (B),(C),(D) -Abutting an R District(ft.) 5 --- --- (B),(C),(D),(E) -Abutting an alley(ft.) 5 --- --- (C),(D) Distance Between Detached Buildings --- --- --- Required Wall Articulation (E) Driveway s (F) • Maximum Height (CT) 11/24/99 Page 20A6-8 Specific PlanDistrict#9 Old Newport Boulevard Old Newport Boulevard Specific Plan District: Property Development Regulations RSC GEIF OS Additional Regulations Maximum Floor Area Limit (14) Landscaping (1) Off-Street Parking and Loading (B),(J),(K),(L) Vehicular Access (K) Signs (M) Additional Regulations (A) Any lot or parcel of land undet 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. (B) SP-9 (RSCI District. 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 1 dwelling unit per lot shall be permitted. 3. The total gross floor area and building bulk in all structures on any site shall be specified in Chapter 20.63. 4. The commercial or retail portion shall be limited to a floor area ratio between 0.25 and 0.50, except as provided in Section 20.46.050 (A). Commercial or retail portions with floor area ratios of less than 0.25 shall require a use permit as specified in Chapter 20.63. 5. The residential portion of the structure shall be limited to a maximum floor area ratio of 0.75. 6. A rear yard setback area of 10 feet shall be required on the second floor for residential uses unless the rear lot line adjoins a public right-of-way,in which case a zero rear yard setback is permitted provided a 10 foot separation is maintained between the residential structure and commercial structures and the residential 1 in4199 Page 20.46-9 Specific P1anDistrict#9 Old Newport Boulevard structure is insulated to meet State of California interior noise standards for multi- family projects. 7. A minimum of two off-street 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. 8. A minimum of 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 6 feet and shall be open to the sky or open to at least one side. Architectural features may project into this area as permitted in Section 20.60.030. 9. Residential development within the 60 CNEL noise contour shall be reviewed by the Planning Director prior to the issuance of building permits. The Planning Director shall require that acoustical design features be incorporated into the project design to insure that indoor noise levels for residential living spaces do not exceed 45 CNEL and that noise levels for exterior areas such as balconies and patios do not exceed 60 CNEL. The Planning Director may relax the exterior noise standard, provided such areas are limited in size and that the project is oriented for adults. • (C) See Sections 20.60.030: Extensions Into Yards. (D) SP-9 (GEIF) and SP-9 (OS)Districts. Minimum yards to be established by use permit. (E) Required Wall Articulation-SP-9 (RSC) District. On structures with floor area ratios of 0.65 and higher, front walls, and side or rear walls when the rear or side yard adjoins a residential district, shall be setback at least I foot for every foot in excess of 24 feet above grade. 20 percent of the length of the building facade may exceed the 24 foot height limit up to the height limits specified in Chapter 20.65, in order to accommodate towers, spires, cupolas, dormers, gables, chimneys or similar architectural features. The Planning Director may modify or waive this requirement for structures with unique design requirements or where development on abutting properties negates the benefits of this requirement or renders it unnecessary. 11/24/99 i� Page 20.46-10 Specific PlanDistrict 49 Old Newport Boulevard ---Average roof Height - 34, Tg Maximum aaight (Root peak) - 9 _`\\ 8 .. L/ `.O.i,V// .a 241-d• g t / Y 20t o£ building £r '24'-0; 24'-0" Required Wall Articulation (F) Driveways. Where driveway approaches extend across more than 60 percent of the length of the front property line, driveway approaches and driveways shall be constructed with interlocking pavers (Olsen Antique Cobble red rectangular interlocking pavers or equivalent). Interlocking pavers on driveways shall extend from the property line to a minimum depth of 10 feet. 60\ or vtaeh of Leone Maximum Driveway Encroachment (G) See Chapter 20.65: Height Limits. (H) See Section 20,46.050 (1) SP-9 (RSC,)District. The following landscape standards shall apply: i. A minimum of 8 percent 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. Landscaping shall include a minimum of 1 tree for each 50 feet of street frontage, with a minimum of i tree per lot. Each tree shall be a minimum of 15- gallon in size and planted within 5 feet of the front or side property line. The tree species shall be the same as the designated street tree. 2. In exterior parking areas in excess of 7,500 square feet,a minimum of 5 percent of the parking area shall be devoted to planting areas distributed throughout the IM24199 Page 20.46-11 Specific PlanDistrict 99 Old Newport Boulevard • 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 3 feet wide when the perimeter line abuts a public street, 5 feet when the perimeter line abuts a residential district. 4. In exterior parking areas in excess of 7,500 square feet, a minimum of 1 tree for every-6 spaces shall be distributed throughout the exterior parking lot. 5. A parking structure having at-grade parking adjoining a public street shall have a 3 foot wide planting area adjoining the street property line. (J) See Chapter 20.66: Off-Street Parking and Loading. (K) SP-9 (RSC)District. 1. Non-residential projects with ingress or egress from Beacon Street, Catalina Drive, Holmwood Drive, or from alleys accessed from these streets, shall be subject to the site plan review process in accordance with the provisions of Chapter 20.92. The scope of the site plan review shall be limited to minimizing any traffic and parking impacts on adjacent single family residential areas that may be generated by the project. 2. Direct access to off-street parking spaces from public streets shall be prohibited. (L) SP-9 (RSC) District. Developments which maintain a 50 foot (full height curb) separation between driveway approaches on Old Newport Boulevard may be granted an off-street parking credit by the Planning Director equal to the number of on-street parking spaces available along that frontage. (M) All signs shall conform to the provisions of Chapter 20.67. 20.46.050 Floor Area Ratios and Building Bulk A. SP-9 (RSC) District. The total gross floor area and building bulk contained in all buildings on a buildable site in the SP-9 (RSC) District shall be as specified in Chapter 20.63, except as provided in this section. 1. A use permit may be approved by the Planning Director for developments with additional floor areas up to a maximum floor area ratio of 0.75, provided land uses are limited to non-residential land uses permitted under • this chapter and unified site design is provided pursuant to Section 20.46.050 (B). 11/24/99 Page 20A6.12 Specific PlanDistrict#9 Old Newport Boulevard 2. A use permit may be approved by the Planning Commission for mixed commercial/residential use developments with additional floor areas up to a floor area ratio of 0.65 for the commercial portion and up to 0.75 for the residential portion, provided unified site design is provided pursuant to Section 20,46,050 (B). B. Unified Site Design. To qualify for the additional floor areas provided by Section 20.46.050 (A), the development shall be required to employ one or more of the following consolidation methods to provide unified site design: 1. Where two or more legal lots of record prior to the adoption of this chapter have been resubdivided into a single legal lot. 2. Where the owner or owners of two or more legal lots of record prior to the adoption of this chapter has caused to be executed and recorded a covenant and agreement to hold said lots as a single development site. 3. Where two of more legal lots of record prior to the adoption of this chapter establish shared access to a public right-of-way through a common driveway, close and relinquish access rights to any other existing driveways, and record cross-easements,joint maintenance agreements, and reciprocal parking agreements. All covenants and agreements shall be approved by the City Attorney as to form and the Planning Director as to content. C. Required Findings. In addition to the findings required by Section 20.91.035,the Planning Commission or the Planning Director, as the case may be, shall find that the increased floor area, either individually or cumulatively, shall not cause significant traffic impacts to the adjacent streets and intersections. D. SP-9 (GEIF) and SP-9 (OS) Districts. The total gross floor area and building bulk contained in all'buildings on a buildable site in the SP-9 (GEIF) District and the SP-9 (OS)District shall be established by use permit. 20.46.060 General Regulations A. Refuse Storage Areas. Refuse storage areas shall be screened on all sides by a 6 foot solid wood or masonry wall,or located within a building. B. 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 50 percent. 1 V24199 Page 20.46-13 Specific PlanDistrict#9 _ Old-Newport Boulevard 20.46.070 Public Improvement Component The following are the public and private improvement projects for the Old Newport Boulevard Specific Plan District. 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, shall be made by the City Council. A. OLD NEWPORT BOULEVARD MEDIAN IMPROVEMENTS Install median parking island incorporating landscaping and angled parking along • the 300 and 400 blocks of Old Newport Boulevard. Median landscaping shall include street trees (podocarpus gracilor) per the Street Tree Installation Guide, Design Criteria, Standard Special Provisions & Standard Drawings for Public Works Construction. B. ENHANCED STREET PAVING Install special paving treatment at pedestrian crossings at the intersections of Old Newport Boulevard, Westminster Avenue, and Hospital Road; mid-block in the 400 block of Old Newport Boulevard; across Old Newport Boulevard at 15 Street, Bolsa Park, and Santa Ana Avenue; and at Orange Avenue at Old Newport Boulevard. C. SIDEWALK IMPROVEMENTS Install sidewalk improvements on the east and west sides of the 300, 400, and 500 blocks of Old Newport Boulevard and on the east and west sides of the 400 block of Westminster Avenue. D. STREET LIGHTING • Install decorative street light fixtures with supports for vertical banners on the east and west sides of the 300, 400, and 500 blocks of Old Newport Boulevard; the t 1/24/99 Page 20A6-14 Specific P1anDistrict 49 Old Newport Boulevard east and west sides of the 400 block of Westminster Avenue; and in the median parking island (Type V lighting standard, Design Criteria, Standard Special Provisions& Standard Drawings for Public Works Construction). E. ENTRY MONUMENTS Install a permanent entry monument signs in the vicinity of the intersection of Old Newport and 15th Street and in the vicinity of the intersection of Old Newport Boulevard and Pacific Coast Highway. F. UNDERGROUND UTILITIES The undergrounding of all existing overhead utilities, including electric power, telephone and cable television. 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. W24199 Page 20A6-15 Specific P1anDistrict#9 Old Newport Boulevard I I 55' I TYPICALSTALL 7 y 19-0' dx' I i i p'-T i 80' ELI C TYPICALSTALL C �I WITH PLANTER i o i o s'•o' (EVERY 4TH STALL) 1 I I :42" t Old Newport Boulevard Specific Plan Median Parking Island Concept Plan i Final design subject to the approval of the City Traffic Engineer. 11/24/99 Page 20.46-16 Specific PlanDistrict 49 Old Newport Boulevard r I! • t II 15th Street ti ENHANCED PAVING r ft w aENHANCED PAMN 0 0 s I � I G�y1a I1 O 001, I Qy O " I Co 4� I i 1 i RO PO i NOsp1SP� i•""�I I BOLSA PARK I I I ENHANCED PAVING ENHANCEDPAVIN ENHANCED PAVING PS r; m s 0 a 3 z Old Newport Boulevard Specific Plan o Enhanced Paving Treatments Concept Plan Final design subject to the approval of the City Traffic Engineer. 11l24199 E!«a+R s@ ac-Pl anD ,# o Newport Bou W6 eE2 se/ y 44-0 ; \ \ { 1-011 67 a 1« % \ ¥' - -V - - - 4 $ «ee«,u \ 1Z �j�« \ \ y 27 q:. 6-2 % 2 . ENHANCE m« -0" G} J DRIVE «® • PAVERS {© �4-0,1 i ©0111 \�- ) VARIES \\ ; � \ E - - - - - - - - - ' LANDSCAPING § PLANTER 21-011 T \ �\ ALWAYS a2K¥�NAT PROPERTY LINE \ 2 / w « \ �7 7 \ ® \ � ' \ I - - t Old Newport Boulevard Spe cifiic Plan 27 ' Schematic of Alternative Landscaping Ala @ subjectm the approval r the City m#Engineer. 1_» ��•y City of Newport Beach Specific Plan District #9 : Old Newport Boulevard Land Use Map Retail Service Commerical Open Space W Governmental, Educational & Institutional Facilities Feet N • �r� Page 20.47-1 Specific Plan District#10 Corona del Mar CHAPTER 20.47 SPECIFIC PLAN DISTRICT#10 CORONA DEL MAR Reserved PART III: OVERLAY ZONING DISTRICTS Chapters: 20.50 B Overlay District 20.51 Mobile Home Park (MHP) Overlay District 20.52 Residential (R) Overlay District 20.53 Interim Study (IS) Overlay District 20.54 Parking Management (PM) Overlay District 20.55 Site Plan Review (SPR) Overlay District 20.56 Planned Residential Development (PRD) Overlay District 20.57 Mariner's Mile (MM) Overlay District • Page 20.50-1 B Overlay District CHAPTER 20.50 B OVERLAY DISTRICT Sections: 20.50.010 Effect of Chapter 20.50.020 Districting Map Designator 20.50.030 Property Development Regulations 20.50.040 Uncovered Rear Yard Area 20.50.050 Slope Ratio Approval Required 20.50.060 Site Area 20.50.010 Effect of Chapter The following regulations shall apply in lieu of site area, yard and lot width requirements in the respective districts where such districts are combined with the B Overlay District,and shall be subject to the provisions of Chapter 20.10. All other provisions of the respective districts shall apply. 20.50.020 Districting Map Designator The B Overlay District may be combined with any base district.Each B Overlay District shall be shown on the Districting Map with an "-B" designator. 20.50.030 Property Development Regulations The following minimum site area,lot sizes and setbacks shall be required and the following maximum coverage shall be allowed in the respective B Overlay Districts: B B-1 B-2 B-3 B-4 B-5 Minimum Lot Area(sq.ft.) 6,000 7,500 10,000 20,000 See below. 7,200 Minimum Lot Width(ft.) 60 75 90 100 See below. N/A Lot length(ft.) SO 90 100 150 See below. N/A Minimum Yards: Front Yard(ft.) 20 15 IS 15 See below. 20 Rear Yard(ft,) 6 7 10 10 See below. 20 Side Yard(ft,) 6 7 10 10 See below. 5 Maximum Coverage 60% 60% 60% 60% See below. 60% Maximum Bldg.Height N/A N/A N/A N/A N/A 35 ft. Max.2 stories 07/01/03 Page 20,50-2 B Overlay District B Overlay District. An addition to the principal building shall be allowed to be constructed to the side yard setback line in effect at the time the principal building was constructed. 16 B-4 Overlay District. As designated on the districting 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. 20.50.040 Uncovered Rear Yard Area There shall be a minimum of 750 square feet or rear yard land area adjoining the main dwelling maintained uncovered. 20.50.050 Slope Ratio Approval Required Any banks graded or benched for sites in B Overlay 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. w 20.50.060 Site Area The following minimum site area shall be required for each family unit(maximum density permitted in R Districts where combined with B Overlay District): R-2 MFR B 3,000 sq.1 1,500 sq.ft. B-1 3,000 sq.ft. 1,500 sq.ft, B-2 3,000 sq,1 2,000 sq.ft. B-3 3,000 sq.ft, 2,000 sq.ft. 07rotro3 Page 20.51-1 MHP Overlay District • CHAPTER 20.51 MHP MOBILE HOME PARK OVERLAY DISTRICT Sections: 20.51.010 Purpose 20.51.020 Definitions 20.51.030 Criteria for Application of Overlay District 20.51.040 Districting Map Designator 20.51.050 Land Use Regulations 20.51.060 Removal of the Mobile Home Park Overlay District 20.51.010 Purpose The Mobile Home Park Overlay District establishes a mobile home district to parcels of land developed with mobile home parks and designated with a primary underlying district designation. The Mobile Home Park Overlay District designates 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 District. 20.51.020 Definitions As used in this chapter, the following terms shall have the meanings indicated: A. Mobile Home. 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. 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. 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 20.51-2 MHP Overlay District 20.51.030 Criteria for Application of District The City Council,in making its determination whether to apply the MHP Overlay District to any particular property, shall consider the following factors in making its determination as to whether the MHP Overlay District 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. 20.51.040 Districting Map Designator The MHP Overlay District may be combined with any base district.Each MHP Overlay District shall be shown on the Districting Map with an "-MHP" designator. 20.51.050 Land Use Regulations The following land uses are permitted: A. Mobile home parks as regulated by the State of California. B. Accessory buildings and uses 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 designated MHP, any use permitted by the underlying zoning of such property shall not be permitted. i Page 20.51-3 MHP Overlay District • 20.51.060 Removal of the Mobile Home Park Overlay District 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 PC, that the Planned Community Development Plan has been submitted and is consistent with the General Plan and all elements thereof; 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 PC, 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. F . Page 20.52-1 R Overlay District • CHAPTER 20.52 R RESIDENTIAL OVERLAY DISTRICT Sections: 20.52.010 Purpose 20.52.020 Districting Map Designator 20.52.030 Land Use Regulations 20.52.040 Property Development Regulations 20.52.010 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. 20.52.020 Districting Map Designator • The R Overlay District may be combined with any base district. Each R Overlay District shall be shown on the Districting Map with an "-R" designator. 20.52.030 Land Use Regulations All uses which would be provided under ordinances governing the primary commercial district shall be permitted. 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 base commercial district. 20.52.040 Property Development Regulations R Overlay District: Property Development Regulations R Overlay District Additional Regulations Minimum Site Area per Unit(sq.ft.) 2.375 (A) Minimum Yards: (B) Maximum Height(ft.) (c) Maximum Floor Area limit (D) • Off-Street Parking and Loading (B) Page 20.52-2 R Overlay District (A) One dwelling unit shall be permitted for each 2,375 square feet of land 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) lvtinimum yards shall be as specified on the Districting Maps or district standards for the underlying commercial district, except that a rear yard setback area of 10 feet shall be required on the second floor for residential uses. (C) See Section Chapter 20.65: Height Limits. (D) The total gross floor area and building bulk in all structures on any site shall be as specified in Chapter 20.63. The residential portion of the structure,excluding covered parking,shall be limited to a maximum floor area ratio of.75. (E) 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 off-street 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. Page 20.53-1 IS Overlay District CHAPTER 20.53 IS INTERIM STUDY OVERLAY DISTRICT Sections: 20.53.010 Specific Purposes 20.53.020 Initiation and Study Plan 20.53.030 Districting Map Designator 20.53.040 Interim Study Overlay District: Land Use Regulations 20.53.050 Interim Study Overlay District: Property Development Regulations 20.53.060 Expiration and Renewal 20.53.010 Specific Purposes The Interim Study (IS) Overlay District allows discretionary review of development proposals in areas where changes in land use designations and/or zoning regulations are contemplated or under study. • 20.53.020 Initiation and Study Plan The IS Overlay District may be initiated as a zoning amendment prescribed by Chapter 20.94. Prior to approving an amendment reclassifying land to an IS Overlay District,the Planning Commission and City Council shall approve a study plan that identifies regulatory problems and states land use and development issues to be resolved f6r the area proposed for reclassification. 20.53.030 Districting Map Designator The IS Overlay District may be combined with any base district.Each IS Overlay District shall be shown on the Districting Map with an "-IS" designator, numbered and identified sequentially by order of enactment and reference to the enacting ordinance. 20.53.040 IS Overlay District: Land Use Regulations A. Use Permit Required. Approval of a use permit shall be required for establishment of a new or expanded use in an IS Overlay District if the use is not one that is addressed within the study plan for the IS Overlay District, and may be approved for any use classification permitted or conditionally permitted in the base district with which the IS District is combined. Page 20.53-2 IS Overlay District B. Required Findings. In addition to the findings required for use permits by Chapter 20.91, and additional findings that may be required for specific use classifications, approval of a use permit in the IS Overlay District shall require a finding that the proposed use will not conflict with the land use and development policies established for the area at the time the IS Overlay District was adopted. 20.53.050 IS Overlay District:Property Development Regulations Property development regulations 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 20.65,nor shall floor area or building bulk exceed the limits specified in Chapter 20.63. 20.53.060 Expiration and Renewal An ordinance establishing an IS Overlay District shall contain a provision terminating the IS designation one to five years from its effective date. An ordinance establishing an IS Overlay District may be amended, reenacted, or superseded by an amendment adopted as prescribed by Chapter 20.94. it Page 20.54-1 PM Overlay District CHAPTER 20.54 PM PARKING MANAGEMENT OVERLAY DISTRICT Sections: 20.54.010 Specific Purposes 20.54.020 Initiation and Management Plan 20.54.030 Districting Map Designator 20.54.010 Specific Purposes The specific purposes of the Parking Management (PM) Overlay District is to: A. Address the parking needs within a designated area on an area-wide basis rather than on a parcel by parcel basis. B. Establish parking management programs to achieve the most efficient use of available • parking facilities with a designated area. C. Reduce traffic congestion and parking shortages. D. Encourage common and joint use parking facilities. 20.54.020 Initiation and Management Plan The PM Overlay District may be initiated as a zoning amendment prescribed by Chapter 20.94. Prior to approving an amendment reclassifying land to a PM Overlay District, the Planning Commission and City Council shall approve a parking management district plan. The parking management district plan shall identify existing and planned parking facilities and establish parking management programs necessary to adequately serve the parking needs of the area.' The parking management district plan shall also include a formula or procedure establishing the extent to which properties shall be exempted from the provisions requirements of Chapter 20.66. 20.54.030 Districting Map Designator The PM Overlay District may be combined with any base district. Each PM Overlay District shall be shown on the Districting Map with an "-PM" designator, numbered and identified sequentially by order of enactment and reference to the enacting ordinance. Page 20.55-1 SPR Overlay District CHAPTER 20.55 SPR SITE PLAN REVIEW OVERLAY DISTRICT Sections: 20.55.010 Purpose 20.55.020 Districting Map Designator 20.55.030 Applicability 20.55.040 Site Plan Review Required 20.55.010 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 plan districts. The effect of this section is to establish a"Site Plan Review" (SPR) Overlay District and to require site plan review by the Planning Commission for any proposed development, except as provided in this chapter, within an SPR Overlay District to insure that the project conforms to the objectives of the General Plan. 20.55.020 Districting Map Designator The SPR Overlay District may be combined with any base district.Each SPR Overlay District shall be shown on the Districting Map with an "-SPR" designator. 20.55.030 Applicability No site shall be placed in the SPR Overlay District unless one of the following criteria is met: A. The site contains areas having a slope in excess of 26.6 degrees (50 percent slope). B. The site,contains or is immediately adjacent to coastal bluffs. C. Development of the site has the potential to affect public views. D. Development of the site has the potential to affect environmentally sensitive areas including: • 1. Areas supporting species which are rare,endangered, of limited distribution, or otherwise sensitive. Page 20.55-2 SPR Overlay District 2. Riparian areas. • 3. Freshwater marshes. 4. Saltwater marshes. 5. Intertidal areas. 6. Other wetlands. 7. Unique or unusually diverse vegetative communities. E. The site is located in a geologic hazard area, as described in the General Plan. F. The site is in a residential district subject to noise levels greater than the 60 Community Noise Equivalent Level (CNEL). G. The site contains significant historical or archaeological resources or is in aft area of unique historical or archaeological interest. H. 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. I. The site is immediately adjacent to the ocean or bay. J. The site directly abuts a residential district,but is located in a district designated for nonresidential use. K. A density bonus is proposed, or has been granted,for the site. 20.55.040 Site Plan Review Required Projects shall require site plan review under the provisions of Section 20.92.020. • Page 20.56-1 PRD Overlay District • CHAPTER M-56 PRD PLANNED RESIDENTIAL DEVELOPMENT OVERLAY DISTRICT Sections: 20.56.010 Purpose 20.56.020 Application 20.56.030 Districting Map Designator 20.56.040 Land Uses Regulations 20.56.050 Property Development Regulations 20.56.060 Relocation of Structures in Common Area 20.56.070 Conformance Requisite to Building Permit Issuance 20.56.010 Purpose A planned residential development 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 code for the residential districts in which such development is to be located. 20.56.020 Application A. Use Permit Required. Planned residential developments may be permitted in any residential 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 notwithstanding the provisions of Chapter 20.10 shall be processed in accordance with the terms of this section. B. Fee. Any application for a use permit under the provisions of this chapter shall be accompanied by a fee as established by Resolution of the City Council. C. 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. ttn0im Page 20.56.2 PRD Overlay District D. 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: 1. A boundary survey map of the real property. Also, a tentative subdivision map shall be required in accordance with Title 19(Subdivision Code)if the applicant proposes to subdivide the property. 2. Topography ofthe development area and the proposed finished grade shown in contour intervals of not to exceed 2 feet upon request of the Planning Department. 3. 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. 4. A general development plan with at least the following details shown to scale and dimensioned: a. Location of each existing and each proposed structure in the development area,the use or uses to be contained therein,the number of stories, gross building and floor areas, approximate location of entrances and loading points thereof. b. All streets, curb cuts, driving lanes, parking areas, loading areas, public transportation points,and illumination facilities for the same. C. All pedestrian walks,malls and open areas for the use of occupants and members of the public. d. Location and height of all walls, fences and hedges, including a detailed plan for the landscaping of the development and the method by which such landscaping is to be accomplished. e. Types of surfacing,such as paving,turfing or gravel to be used at the various locations. f. A grading plan of the area. 5. Plans and elevations of one or more structures to indicate architectural type and construction standards. tt�zaot Page 20.56-3 PRD Overlay District • 6. A verified petition for a change in zoning classification in accordance with Chapter 20.94, if such a change in zoning classification is required to make such development conform to the General Plan. 7. Such other information as may be required by the City to assist in the consideration of the proposed development. E. 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. 20.56.030 Districting Map Designator The PRD Overlay District may be combined with any base district.Each PRD Overlay District shall be shown on the Districting Map with an "-PRD" designator. 20.56.040 Land Use Regulations • The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted,and includes special requirements,if any, applicable to specific uses. The letter "P" designates use classifications permitted. The letter "L" designates use classifications subject to certain limitations prescribed under the"Additional Use Regulations"which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91.The letters?/UP"designate use classifications which are permitted when located on the site of another permitted use,but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading,referenced regulations shall apply to all use classifications under the heading. PRD Overlay Distinct: Land Use Regulations P = Permitted UP = Use Permit ' PD/U=Use permit issued by the Planning Director L = Limited(see Additional Use Regulations) — = Not Permitted PRD Additional • Regulations l l2oiol Page 20.56-4 PRD Overlay District PRD Overlay Distinct: Land Use Regulations P = Permitted UP = Use Permit PDN m Use permit issued by the Planning Director L - Limited(see Additional Use Regt latiods) — m Not Permitted PRD Additional Regulations RESIDENTIAL (A),(B),(C) SINGLE FAMILY RESIDENTIAL L-1 MULTI-FAMILY RESIDENTIAL L-1 PUBLICAND SEMI-PUBLIC (A),(B),(C) CLUBS&LODGES P PARK&RECREATION FACILITIES P RELIGIOUS ASSEMBLY P RESIDENTIAL CARE,GENERAL P SC140OLS(PUBLIC &PRIVATE) P UTILITIES(MINOR) P ACCESSORY USES (A),(B),(C) ACCESSORY STRUCTURES AND USES P/Up PRD Overlay District: Additional Land Use Regulations L-1 Residential unit types shall be limited to those of the base district with which the PRD Overlay District is combined. (A) See Section 20.60.025:Relocatable Buildings. (B) See Section 20.60.015:Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. 20.56.050 Property Development Regulations The following schedule prescribes development regulations for the PRD Overlay Districts. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. 11/20/01 Page 20.56-5 PRD Overlay District • PRD Overlay District: Property Development Regulations PRD Additional Regulations Minimum Site Area per (A) Unit(sq.ft.) Minimum Floor Area (B) Minimum Yards (C) Distance Between Detached Buildings (C) Maximum Height(ft.) (D) Maximum Coverage 40% (E) Off-Street Parking and Loading (G) (A) 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. (B) 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. Garage space shall not be included in measuring this requirement. (C) The front and rear yards and open spaces between buildings shall be designated in the use permit. (D) The maximum building heights shall be designated in the use permit,but shall in no event exceed the building height limits specified in Chapter 20.65. (E) The maximum building coverage for the development shall not exceed 40 percent ofthe land area being developed,exclusive of land area being set aside for the rights-of-way of public or private streets and alleys. (F) [Reserved] (G) The off-street parking requirements for each such development shall be as follows: 1. Two covered parking spaces for each family dwelling unit in the development. 1 trz0rot Page20.56.6 PRD Overlay District 2. 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 available to serve the project when on-street parking spaces and parking spaces in private driveways are taken into consideration. 3. Therequired parking spaces or any portion thereofmay be grouped when it is found and determined that such grouping or parking spaces and the location thereof will be accessible and useful in connection with the proposed dwelling units in the development. 20.56.060 Relocation of Structures in Common Area After final approval of any use permit for a planned residential development by the City Council,the Planning 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 provided for the use and benefit of the family dwelling units in the development. 20.56.070 Conformance Requisite to Building Permit Issuance The Planning Department 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. 11/20/01 Page 20.57-1 • MM Overlay District CHAPTER 20.57 MM MARINERS MILE OVERLAY DISTRICT Sections: 20.57.010 Effect and Purpose of Chapter 20.57.020 Districting Map Indicator 20.57.030 Architecture and Site Planning 20.57.040 Property Development Regulations 20.57.050 Development Plan Review Required 20.57.055 Notice and Public Hearing 20.57.060 Rights of Appeal 20.57.010 Effect and Purpose of Chapter The provisions of this chapter shall apply to all nonresidential parcels that front Coast Highway from the eastern boundary of Specific Plan 95,Mariner's Mile to the Back Bay Bridge. It is the purpose of this chapter to implement the goals and policies of the Newport Beach General Plan and implement the Mariner's Design Framework.All applicable provisions of Title 20 ofthe Municipal Code shall apply except as modified by this Chapter. Where conflict arises with the provisions of this Chapter and other provisions of Title 20,the provisions of this Chapter shall take precedence. 20.57.020 Districting Map Indicator The MM Overlay District may be combined with any base district, and shall be shown on the Districting Map with an "-MM" designator. 20.57.030 Architecture and Site Planning Responsible urban design is a primary goal of the Mariner's Mile Specific Plan Area. Designs should respect their surroundings.The architecture and site plans of all Development Plans shall be found compatible with well designed surrounding properties. Site planning should accommodate the larger design concepts of the Mariner's Mile Design Framework (Urban Design, Landscape). Buildings should orient to the street in the Village areas and when surrounded by parking. Roofs and roof elements should respect views from above and in an aesthetically pleasing manner. Roof top mechanical equipment shall be concealed in a coordinated fashion or be located within the building or structure. Overall site planning shall also promote pedestrian connections and pedestrian amenities within the village area,and provide public access to the water along the bay.Building and structures should adhere to the Color and Materials Palette identified in the Mariner's Mile Design Framework. • 10/13/04 Page 20.57-2 IvIIvr Overlay District 20.57.040 Property Development Regulations A. Landscape areas shall be provided in accordancewith Chapter 20.42 except subsection(M)3 is not applicable. B. Walls and Fences shall be regulated in accordance with Chapter 20,42, C. Utilities and Ground Mounted Equipment shall be regulated in accordance with Chapter 20.42. D. Vehicular Access&Lot Consolidation.Newvehicular access driveways on CoastHighway should be avoided or minimized in order to minimize potentially hazardous turning movements on and off Coast Highway.Developments are strongly encouraged to consolidate lots and provide shared access with adjacent properties whenever possible. E. Lighting.Exterior on-site lighting shall be shielded and confined within site boundaries.No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance."Walpak"type fixtures are not permitted.Parking lot lighting shall have zero cut-off fixtures and "shoebox" lights are preferred. The use of low level lighting to illuminate walkways,landscape accent lighting and building accent lighting is encouraged. Light standards shall not exceed 20 feet measured from natural grade. F. Signs shall be regulated in accordance with Chapter 20.42. 20.57.050 Development Plan Review'Required A. General. The City Council finds, determines and declares that the preservation and enhancement of the Mariner's Mile area through the consistent application of sound urban design principles and the promotion ofthoughtful and tasteful design while allowing creative flexibility as described in the Design Framework is desirable.Therefore,new or substantially altered development shall be reviewed for consistency with adopted design polices contained within with the Mariner's Mile Design Framework in order implement the goals and objective of the Design Framework and 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 Mariner's Mile Overlay Area will not preclude attainment of the General Plan objectives and policies. 2. To protect and preserve the value of properties and to encourage high quality development thereof in Mariner's Mile Overlay Area where Adverse effects could result from inadequate and poorly planned development 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 tat3ro4 Page 20.57-3 NM Overlay District improvement and beautification of streets and public facilities within Mariner's Mile Overlay 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,athoroughfare 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. Development Plan review and approval shall be obtained from the Planning Director prior to the issuance of a building permit for any exterior work for any new building to be constructed,or existing building to be reconstructed or remodeled to increase the gross floor area by 25 percent or 2,500 square feet whichever is less,sign approval or initiation of landscaping rehabilitation.An Application for a Development Plan for a shall be filed in a manner consistent with the requirements contained in Chapter 20.90:Application Filing and Fees. C. Review.The Planning Director or his/her authorized representative shall review any plans, applications or other information for consistency with the adopted Mariner's Mile Design Framework and other applicable ordinances and policies.The Planning Director shall only approve a Development Plan if the project is found to be consistent with the Design Framework and applicable ordinances and policies. The Planning Director shall have the discretion to have the Planning Commission consider any development plan. 20.57.055 Notice and Public Hearing A. Public Hearings. The Planning Director or Planning Commission shall hold a public hearing on an application for a Development Plan.A public hearing is not required on applications for minor changes to existing signs including replacing a sign panel or applications that solely propose landscape rehabilitation. B. Time of Hearing. 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 10 days nor more than 60 days thereafter. C. Required Notice. 1. Mailed or Delivered Notice. At least 10 days prior to the hearing,notice shall be mailed to the applicant and all owners of property within 300 feet,excluding intervening rights- of-way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. 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. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. 10/13/04 Page 20,57.4 MM Overlay District D. Contents of Notice. The notice of public hearing shall Contain: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time,place,and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. E. Continuance.Upon the date set for a public hearing before the Planning Director or Planning Commission,the Director or Commission may continue the hearing to anotherdate without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.57.060 Rights of Appeal Appeals of decisions of the Planning Director or Planning Commission regarding the implementation of this Chapter shall be governed by Chapter 20.95:Appeals. 10/13M PART IV: GENERAL DEVELOPMENT REGULATIONS Chapters: 20.60 Site Regulations 20.61 Amateur Radio and Satellite Dish Antennas 20.62 Nonconforming Structures and Uses 20.63 FAR Ratios and Building Bulk 20.64 Transportation Demand Management Ordinance 20.65 Height Limits 20.66 Off-Street Parking and Loading Regulations 20.67 Signs • • PART IV: GENERAL DEVELOPMENT REGULATIONS Chapters: 20.60 Site Regulations 20.61 Amateur Radio and Satellite Dish Antennas 20.62 Nonconforming Structures and Uses 20.63 FAR Ratios and Building Bulk 20.64 Transportation Demand Management Ordinance 20.65 Height Limits 20.66 Off-Street Parking and Loading Regulations 20.67 Signs Page 20.60-1 Site Regulations . CHAPTER 20.60 SITE REGULATIONS Sections: 20.60,010 Specific Purposes and Applicability 20.60.015 Temporary Structures and Uses 20.60.020 Accessory Structures and Mechanical Equipment 20.60.025 Relocatable Buildings 20.60.030 Extensions Into Yards 20.60.040 Development on Substandard Lots and Across Property Lines 20.60.045 Slopes and Submerged Lands 20.60.050 Outdoor Lighting 20.60.055 Heliports and Helistops 20.60.060 Plans and Drawings for Commercial and Industrial Districts 20.60.065 Residential Uses in Commercial and Industrial Districts 20.60.070 Waterfront Development Regulations 20.60.075 Drive-Through and Drive-Up Facilities 20.60.080 Marine Incentive Uses 20.60.085 Uses Requiring City Manager Approval • 20.60.090 Recyclable Materials 20.60.095 Residential Property Maintenance 20.60.100 Home Occupations in Residential Districts 20.60.105 Outdoor Storage and Display 20.60.110 Bed and Breakfast Inns 20.60.115 Mixed Use Districts;Extended Hours 20.60.120 Personal Property Sales in Residential Districts 20.60.125 Design Standards for Mobile Homes on Individual Lots 20.60.010 Specific Purposes and Applicability This chapter contains land use and development regulations that are applicable to sites in all or several districts. These regulations shall be applied as specified in Part II: Base Regulations,Part III: Overlay District Regulations, and as presented in this chapter. 20.60.015 Temporary Structures and Uses A. Puroose. This section establishes procedures whereby the Planning Director or the Planning Commission may approve interim or temporary uses of land or buildings consistent with the City's General Plan and the health, safety, peace, comfort and OS/26/OS Page 20.60-2 Site Regulations general welfare ofpersons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. B. Temporary Structures and Uses Not to Exceed 90 Days, The Planning Director may authorize the temporary use of structures and land in any commercial, industrial,or planned community district for a period of time not to exceed 90 days. Prior to approving said temporary use the Planning Director 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 ofthis section and that said land or building will be restored atsuch time as the use is terminated. C. Temporary Structures and Uses in Excess of 90 Days. The Planning Director may authorize the temporary use of structures and land in any commercial,industrial,or 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 Director may impose whatever conditions deemed necessary to assure that the purpose ofthis section is carried out and shall establish a specific point in timewhen said permit is to be terminated and the site restored. D. Temporary Real Estate Structures. The Planning Director may approve temporary tract and sales offices for the first sale of structures and/or lots in any district for a period oftimenot to exceed 1 year followingthe recordation ofthe final subdivision map. E. Extensions of Time for Temporary Structures and Uses. The Planning Director may authorize extensions of time subject to the procedures specified above. 20.60.020 Accessory Structures and Mechanical Equipment A. Accessory Building - Yards. Where an accessory building, more than 6 feet in height,is attached to the main building, it shall be made structurally a part of and have a common wall with the main building or be connected to the main building by a solid cover, a minimum of 4 feet wide, and shall comply in All respects with the requirements of this code applicable to the main building. Unless so attached,such an accessory building in a residential 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. B. Accessory Buildings for Keening of Animals-Yards. 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. osnry0s Page 20.60-3 Site Regulations i C. Swimming Pools and Related Equipment.Any swimming pool, fish pond, or other body ofwater which contains water 18 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 the Municipal Code is permitted under the provisions of Chapter 20.10 and Section 20.60.030. D. Underground Storage of Flammable Liquids. The underground storage of flammable liquids shall be prohibited in any residential district, or residential portion of a planned community or specific area plan district, in the City. E. HVAC Equipment. 1. Building 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. 2. 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. 20.60.025 Relocatable Buildings No building permit or relocation permit shall be issued forthe 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. 20.60.030 Extensions Into Yards A. Accessory Buildings and Structures and Plantings. 1. Fences,walls,hedges,uncovered decks,landings,patios,platforms,porches and terraces and similar structures not more than 6 feet in height,may be located within any required side yard to the rear ofthe front setback or within any required rear yard other than those abutting an alley. • 05/26/05 Page 20.60.4 Site Regulations 2. Where there is a difference of 6 feet or more in elevation between the building sites of abutting lots,no fence,wall,accessory structure,or hedges 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. 3. Accessory buildings,including housing for mechanical equipmen4 not more than 6 feet in height, and totaling no more than 150 square feet, may be located within any required side yard to the rear ofthe front setback or within any required rear yard other than those abutting an alley. 4. Fences,walls, hedges,and accessory structures shall be limited to 3 feet in height above natural grade in all required front yard setback areas(including any required side yard between the frontproperty line and the required front setback line),except as provided below. 5. In Old Corona del Mar, West Ir pE Newport,and the Balboa Peninsula(as U*L"�\ a«CEWQ+ CONTRUMN delineated in Section 20,10.040) and on Balboa Island, fences, walls, uncovered accessory structures, and hedges, 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 percent open). In addition, areas where the existing grade is in excess of 2 feet in height ' Tea 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 1 front property line. Any additional maximum 3 foot high retaining walls shall be permitted a minimum distance Q of 2 feet from the face ofthe preceding retaining wall with subsequent retainingwalls subjeetto the same limitation. A maximum 5 foot fence,wall,uncovered accessory structure,or hedge(the upper 3 feet of which must be at least 40 percent open) shall be permitted atop the highest retaining wall for safety purposes. osrzsros Page 20.60-5 Site Regulations • Exceptions: a. Fences,walls, uncovered accessory structures, and hedges shall not exceed a height of 3 feet above the natural grade in all required rear yard setback areas abutting or adjacentto the waterfront of Newport Bay,the shoreline ofthe Pacific Ocean,the Old Channel ofthe Santa River(the Oxbow Loop), or the channels in West Newport. b. Fences,walls, and hedges 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 and EastBay Front on Little Balboa Island (the upper 2 feet, 6 inches of which must be at least 40 percent open). 6. Required Sight Distances. Fences, walls, uncovered accessory structures, and hedges 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 60 feet of the intersection oftwo street rights of way. A sight distance"triangle"shall also be required for fences,walls,uncovered accessory structures,and hedges 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 in of two alleys, or wit to feet of the corner of any . inte— r�sectmg street rtght of wa and a drivewa . evahons for construction wit m sig V istance"triang es s all be measured from the adjacent top of curb height. B. Architectural Features. 1. Roof overhangs, brackets, cornices, and eaves may project up to 2 feet, 6 inches 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. Any such features shall maintain a clearance above grade vertically of at least 8 feet. 2. Decorative architectural features such as belt courses,ornamental moldings, and pilasters may project up to 6 inches into any required setback. C. Protective Railing. Protective railings around balconies and windows required by the Building Code may project up to 6 inches into any required setback. D. Planter boxes. Planter boxes,up to 6 feet in length,may project up to 6 inches into any required setback. E. Garages. In residential districts,where 3 parking spaces are provided across the rear of a lot less than 30 feet 10 inches wide, 1 garage wall may project into the required side yard setback. Its distance from the property line shall be not less than 26 inches osn6105 Page 20.60.6 Site Regulations 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. F. Fireplaces and Chimneys. Fireplaces and chimneys not to exceed 8 feet in width, may project to a distance of feet into any required front or rear yard setback of 10 feet or more for any residential structure;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 project to a maximum distance of 2 feet, 6 inches from any side yard setback line provided that such encroachment must be at least 2 feet from any side property line. G. Awnings,Canopies.Marquees,and Shades. Awnings,canopies,marquees,or shades may project up to a maximum of 5 feet into required yards as follows: Residential Districts: Front: One half the depth of the required front yard Side: 0 feet Rear: 2%2 feet Vertical Clearance: 6%:feet above grade RSC,APF, and RMC Districts: Front: One half the depth of the required front yard Side: 2 feet Rear: One half the depth of the required rear yard Vertical Clearance: 8 feet above grade. All Other Commercial Districts: Front: One half the depth of the required front yard Side: 0 feet Rear: 2%2 feet Vertical Clearance: 5'/2 feet above grade Any such projection from the building shall.be supported entirely by the wall ofthe building,and shall meet all requirements of the Building Code. I3. Building Location. Where no setback line is established by the provisions of this code for the location of any building, all buildings shall be located an adequate WNW Page 20.60.7 Site Regulations • 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. I. Encroachments in Residential Rear Yard Setbacks Abutting Alleys. In residential districts having alleys to the rear of lots or development sites, a second-story projection will be permitted to encroach into the setback stipulated in Chapter 20.10, subject to the following conditions: 1. No projection may extend closer than T-6"to the center of any alley. 2. No projection may extend closer than 2'-6"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 85 feet. J. Bay Windows and Greenhouse Windows. Bay Windows and Greenhouse Windows shall be permitted to extend into required yards subject to the following restrictions: 1. No more than 2 bay windows or greenhouse windows on a structure shall be permitted to project into any one setback; and 2. Bay windows and greenhouse windows shall not to exceed 8 feet in width or 10 feet in height within the projection; and 3. Bay windows and greenhouse windows shall be cantilevered and shall not extend to the ground; and 4. The interior surface of bay windows and greenhouse windows shall be elevated a minimum of 18 inches above the adjacent finished floor surface at the required building setback line; and 5. Bay windows and greenhouse windows shall be designed to preclude use as a door or entry;and • 05/26/05 Page 20.60.8 Site Regulations 6. Projection into required yards shall be limited as follows: . Required Yard Permitted Additional Setback Extension Regulations Front(4 feet to less than 16 in. 10 ft.): Front(10 ft.or more): 211. Side: 2 It. A minimum side setback yard of 2 feet must be maintained; limited to first floor only. Rear: 2 ft. Not permitted when the rear property line abuts an alley. Distance Between 2 ft. Detached Structures: K. Access to Dwellings and Extensions into Yards Within Corona del Mar. Within the area of Corona del Mar,as defined in Section 20.10.040(A),on lots 30 or more feet wide, a 4 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 3 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. L. Balconies-Front Yards Abutting East Ocean Front and West Ocean Front. Balconies may project up to a maximum of 3 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 oftransparent material or,if constructed of opaque material, must be at least 40 percent open. Balconies constructed after November 23, 1994 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 20.60.030(B). Patios and raised decks located on the ground floor or lower level which project into required front yard setbacks shall be constructed in accordance with Section 20,60.030 (A). M. Limits on Encroachments. 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. o5nwos Page 20.60-9 Site Regulations 20.60.040 Development on Substandard Lots and Across Property Lines Provisions regulating development on substandard lots,development across property lines,and lot mergers are contained in Title 19 (Subdivision Code). 20.60.045 Slopes and Submerged Lands MFR District. The minimum land area may be established by the Districting Maps.For purposes of determining the allowable number of units,areas which have a slope greater than 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. Not withstanding any other provision of this section,at least 2 dwelling units may be permitted on any lot or parcel in the MFR District 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. 20.60.050 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 residential district or closer than 200 feet to the boundary of any residential 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. 20.60.055 Heliports and Helistops No helicopter shall land or take off and no heliport or helistop shall be established in any R-I or R-2 District. In any other zoning district,no helicopter shall land or take offand 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 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. . osn6ios Page 20.60.10 Site Regulations 20.60.060 Plans and Drawings for Commercial and Industrial Districts A. Applications for a use permits, variances,modification permits,or site plan review for any building or structure in any commercial or industrial district, 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 Director or 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. B. Architectural Committee - Appointment and Membership. The Planning Commission may appoint an Architectural Committee of 3 members,who may be employees in the following departments: Planning and City Engineer, C. Authority of Architectural Committee - Standards. The Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 20.60.060 (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 ofthe City of Newport Beach",shall be approved by the Planning Commission and the City Council,and shall be on file in the Planning Department. The drawings shall show desirable architectural standards, but are not designs which must be copied in order to secure approval of plans. D. Appeals. In case the applicant is not satisfied with the decision of the Architectural Committee,the applicant may within 30 days after such action appeal in writing to the Planning Commission. The Architectural Committee may,ifitdeemsadvisable, refer any application for architectural approval to the Planning Commission for its decision. In case the applicant is not satisfied with the action ofthe Planning Commission,the applicant may appeal to the City Council under the provisions of Chapter 20,95. E. Approval of Plans Requisite to Permit Issuance: No permit shall be issued in any case as provided in Section 20.60.060 (A) until such drawings and sketches have been approved by the Planning Commission and all buildings,structures and grounds shall be in accordance with the drawings and sketches. OMOS Page 20.60-11 Site Regulations • 20.60.065 Residential Uses in Commercial and Industrial Districts A. 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 20.52. B. Dwellings in M-1 and M-1-A Districts-Yards. Every building or portion thereof which is designed or used for any dwelling purpose in any M-1 District shall comply with the requirements of such appropriate residential district as is determined by the use to which such M-1 and 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 purpose, the yard provisions specified for such M-1 and M-1-A District may be applied to the ground floor only. 20.60.070 Waterfront Development Regulations A. Bulkheads. All bulkheads shall be constructed to an elevation of 9 feet above mean low water(8.67 NAVD 88). B. Bulkhead Setback: A minimum setback of 10 feet shall be maintained from the bulkhead line. • C. Public Access to BayF . In approving a site plan review or granting a use permit for development on a site with frontage along the bay, the Planning Commission 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 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 Recorder's Office in a manner satisfactory to the Public Works Department. D. 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 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 OS126103 Page 20.60-12 Site Regulations issuance of building permits, the Marine Director shall approve all plans and specifications of pump-out facilities. 20.60.075 Drive-Through and Drive-Up Facilities A. Definition. Any place of business which transacts any part or all of its business directly with customers within a vehicle. B. Use Permit Required. A use permit issued by the Planning Commission shall be required for drive-through or drive-up facility. 20.60.080 Marine Incentive Uses A. Purpose. These regulations encourage marine commercial uses by establishing a system of incentives to property owners to maintain these uses. B. Definition. Incentive uses are marine-related uses provided in the use classifications Marinas, Marine-Related Industry, Marine Sales and Services, and Yacht Clubs. When incentive uses occupy at least 40 percent of a site, as defined herein,may be combined with non-incentive uses under the provisions of this section. C. Site Area. For purposes of determining compliance with this section,"site"shall be defined as the total land area within the established property line of a parcel, including any portion under water. 40 percent of this total area shall be devoted to an incentive use as defined herein. For any permitted use bayward ofthe 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. 1. Any land area devoted to coastal related or coastal dependent uses such as marine ways,boatyard work areas and boat display areas in conjunction with a yacht sales business shalt be included in the calculation of incentive uses to determine compliance with this section. 2. 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 this section . 3. Where a mixed-use development is proposed with any combination of incentive uses and non-incentive uses,the area devoted to non-incentive uses shall be subtracted from the total area of the development. 40 percent ofthe balance of the total development shall be devoted to an incentive use as defined herein. 0sne10s 0 Page 20.60-13 Site Regulations • 20.60.085 Uses Requiring City Manager Approval In addition to the land use regulations specified by the Zoning Code,the following uses shall require a permit approved by the City Manager: A. Pawnbrokers, secondhand dealers, and junk dealers, pursuant to the provisions of Chapter 5.20 of the Municipal Code. B. Establishments providing entertainment where food or beverages are served and open to the public,pursuant to the provisions ofChapter 5.28 ofthe Municipal Code. C Establishments,where food and beverages are sold for consumption on the premises, which allow or permit dances,which are open to the public without payment of an admission fee,pursuant to the provisions of Chapter 5.32 of the Municipal Code. D Establishments keeping, maintaining or possessing 1 or more pool tables or amusement devices, pursuant to the provisions of Chapter 5.34 of the Municipal Code. E Commercial filming, pursuant to the provisions of Chapter 5.46 of the Municipal Code. • 20.60.090 Recyclable Materials A. Purpose. This section establishes a comprehensive set ofregulations and guidelines regarding the requirement for specific areas for collecting and loading recyclable materials in certain developments in the City of Newport Beach. B. Definitions. For the purposes of this subsection, the following definitions shall apply: 1. Development Project. Development project shall mean any ofthe following: a. A project for which a building permit is required for a new commercial,industrial or institutional building,marina,or residential building having 5 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 5 or more living units. b. 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. • 05/26/05 Page 20.60.14 Site Regulations c. 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 50 percent or more. 2. Improvement. 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. 3. Floor area of a marina. The space dedicated to the docking or mooring of marine vessels. 4. public Facility. Any building,structure,or outdoor recreation area owned by a local agency. 5. Recycling Area Areas for Recycling) An space allocated for collecting Y p g and loading of recyclable materials,which Is accessible and convenient for those who deposit as well as those who collect and load recyclable materials. B. Applicability. 1. 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. 2. For purposes of this chapter,recycling areas for collection and recycling of commingled recyclable and non-reoyclable materials which are transported to a mixed waste processing and material recovery facility are deemed to be adequate, accessible,and convenient. C. 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 bythe 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 ofthe living units which utilize the solid waste collection and loading area. 2. The design and construction of recycling areas shall be compatible with surrounding landuses,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 • 05126MS Page 20.60-15 Site Regulations 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. 4. Recycling areas shall be secured to prevent the theft of recyclable materials while allowing authorized persons access for disposal of materials. 5. 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. . 05126105 Page 20.60.16 Site Regulations 20.60.095 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. 20.60.100 Home Occupations in Residential Districts A. Intent and Purnose. This section permits a home occupation as an accessory use if it is compatible with the residential character ofthe neighborhood inwhich it is located and is conducted so as not to disturb or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. B. Required Conditions. Home occupations shall comply with the following regulations. 1. Any home occupation use shall be confined to the principal residence of the individual so engaged, shall be excluded from any yard or accessory building, and shall be clearly incidental and subordinate to the primary residential use. 2. No alteration shall be made in either the internal or external structural form of the residential building or the external appearance for purposes of any home occupation. The removal of partitions or floors or parts thereof,shall be construed as an alteration ofthe external or internal structural form and is, therefore,prohibited. 3. No evidence of any home occupation shall be visible from offthe lot where it is conducted. 4. Employees of a home occupation shall be limited to permanent residents of the dwelling unit.This restriction would not apply to independent contractors who make occasional or periodic visits to the site ofthe home occupation. osnc�os Page 20.60-17 Site Regulations 5. No storage of equipment or materials used in a home occupation shall be outside the principal residence. 6. No change shall be made in any non-communications utility line, meter or service to accommodate a home occupation and utility use shall not unreasonably exceed that normally or previously used at such residence. 7. No equipment or process shall be used in any home occupation which emits radiation or creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the property used for such home occupation. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference. 8. The number of parking spaces available to a dwelling unit housing a home occupation shall not be reduced to less than the number required by Chapter 20.66: Off-street Parking and Loading and Section 20.62.060: Nonconforming Parking. 9. A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district. 10. No vehicle repair or storage associated with the home occupation shall be permitted. 11. No home occupation,shall be open to visitors without prior appointments. 12. Home occupations shall subject to all other State and local laws and ordinances. 13. All applicable business licenses shall be obtained as required by Title 5 ofthe Municipal Code. 20.60.105 Outdoor Storage and Display A. Use Permit Required. Outdoor storage and display of merchandise, materials, or equipment, including merchandise,materials,and equipment for customer pick-up, shall be permitted in*conjunction with a permitted or conditionally permitted use with a use permit issued by the Planning Director. B. Required Conditions. The Planning Director may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties or the visual character of the area. C. Screenine. Where screening is required,outdoor storage and display areas shall be screened from view of streets by a solid fence or wall. The height of merchandise, ' 0512610S Page 20.60-18 Site Regulations materials, or equipment storied or displayed shall not exceed the height of the screening fence or wall. D. Grounds for Denial. The Planning Director shall deny the use permit application for outdoor storage and display which adversely impacts the surrounding properties or the visual character of the area. E. Exceptions. Outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted: 1. Marine Sales and Services. 2. Nurseries,provided outdoor storage and display is limited to plants only. 3. Vehicle/Eouipment Sales and Rentals provided outdoor storage and display is limited to vehicles offered for sale only. 4. Outdoor Storage and Display, Temporary, as provided in Chapter 20.05. 20.60.110 Bed and Breakfast Inns A. Use Permit Required. A use permit approved by the Planning Commission shall be required for bed and breakfast inns in residential districts and a use permit approved by the Planning Director shall be required for bed and breakfast inns in non- residential districts. B. Operational Standards, 1. Resident-Operator. In residential districts, bed and breakfast inns shall be operated by the property owner living on the premises. 2. Meals. Serving of meals shall be limited to breakfast and for registered guests only. 3. Sales. In residential districts, incidental sales for goods and services shall permitted, but shall be limited to registered guests only. 4. Len hgt of Stay. No guest may occupy accommodations in the bed and breakfast inn for more than 14 days in any three-month period. C. Design and Development Standards. o5n6N5 Page 20.60-19 Site Regulations • 1. Number of Guest Rooms. In residential districts, 3 guest rooms for each dwelling unit permitted,based on the minimum site area per dwelling unit for the zoning district in which the Bed and Breakfast Inn is located. The Planning Commission may further limit the number of guest rooms to insure the residential character of the neighborhood is maintained. 2. Kitchen Facilities. No separate kitchen facilities for guests shall be provided 3. Parking. Off-street parking shall be as specified in Chapter 20.66:Off-Street Parking and Loading,unless modified by the Planning Commission pursuant to Section 20.66.100: Modification or Waiver of Off-Street Parking Requirements. 4. Signs. a. Residential Districts. Signs shall be limited to one sign no larger than 4 square feet identifying the name of the establishment. The Planning Commission may approve an increase in the sign area up to a maximum of 6 square feet, if it is found that the sign will not adversely impact the residential character of the neighborhood. No internally illuminated or luminous tube signs shall be permitted. The maximum height of the sign shall not exceed 6 feet. . b. Non-residential Districts. Signs shall be in accordance with Chapter 20.67: Signs. 5. Other Licenses and Permits. Bed and breakfast inns operators shall obtain a transient occupancy permit and all applicable business licenses from the Revenue Manager and shall subject to all other State and local laws and ordinances. 20.60.115 Mixed Use Districts; Extended Hours A. Definitions. For the purposes of this section,the following definitions shall apply: 1. Extended Hours. The time between the hours of 2:00 a.m.and 5:00 a.m. 2. Extended Hours Operation. Any commercial use that receives patrons or visitors during extended hours. 3. Mixed Use District. Any zoning district which permits both residential and non-residential uses. B. Prohibitions in Mixed Use Districts. No extended hours operation shall be permitted • in mixed use districts,except as provided in Section 20.60.115 (C) below. osneios Page 20.60-20 Site Regulations C. ExceRtions, 1. Existing Uses. Any existing extended hours operation which has operated as such for two or more days per week prior to November 24, 1997. Any extended hours operation permitted under this subsection which remains inactive for 180 consecutive days,shall be deemed to have ceased and shall only be reestablished with the approval of a use permit, as provided in Subsections C-2 and C-3, below. 2. Uses Regulated By Other Permits. Any extended hours operation regulated by an existing use permit or a special event permit. 3. Uses Approved by the Planning Director. Extended hours operations approved by the Planning Director under the provisions of Section 20.60.115 (D) below. D. Planning Director's Approval. The Planning Director may issue a use permit to approve an extended hours operation in a mixed use district, upon making one or more of the following findings: 1. That the use is located adjacent to the boundary of the mixed use district and is oriented away from the residential areas of the mixed use district, 2. That property on which the use is located contains site design and/or development features which mitigate any potential significant adverse impacts to the residential areas of the mixed use district. 3. That the use has operational characteristics which preclude any significant adverse impacts to the residential uses of the mixed use district during extended hours. 4. That the principal clientele of the use are residents of the mixed use district. osnWos Page 20.60-21 Site Regulations 20.60.120 Personal Property Sales in Residential Districts Personal property sales shall be permitted in residential districts, subject to the following regulations: A. Sales shall be conducted for a maximum period of 3 consecutive days; B. Sales shall not be conducted more than two times in any one year; C. Sales shall be conducted only during daylight hours; D. No property shall be stored,displayed,or offered for sale within public rights-of-way or on public property, except as provided by Section 10.08.030 of the Municipal Code. E. Property displayed or offered for sale or trade shall be limited to used personal property from or on any residence or group of residences within the same neighborhood. No new or used property acquired or consigned solely for the purposes of resale shall be displayed or offered for sale or trade. F. No food or beverages shall be offered for sale or trade. . G. Only 1 sign, not more than 4 square feet, shall be permitted to be displayed on the property of the residence where the personal property sale is being conducted. In no case,shall the sign be placed within the public property or on public property in violation of Section 20.67.025 (I-6 and I-7). 20.60.125 Design Standards for Mobile Homes on Individual Lots A. Purpose.This section establishes design standards for mobile homes outside of mobile home parks to ensure their compatibility with surrounding conventional dwelling units. B. General Requirements. In compliance with California Government Code Sections 65852.3, et seq., individual mobile homes installation in individual lots in the R-A,R-1,R-1.5,R-2, MFR and residential portions of PC Districts shall comply with the following standards in addition to those of the zoning district: 1. Mobile homes shall be placed on a foundation system consisting of solid concrete or masonry wall under the outside perimeter ofthe manufactured home;or piers or other open construction meeting the requirements of the currently effective City Building Code, combined with skirting placed around the outside of the manufactured home in such a manner that the exterior siding appears to start from ground level. 2. The exterior siding of the mobile home shall be similar in appearance to siding material . customarily used on conventionally built housing. Shiny or metallic finishes are prohibited. 05/26/05 Page 20.60.22 Site Regulations 3. The roof ofthe mobile home must have a pitch of not fewerthan 3 inches vertical rise per 12 inches of horizontal distance.The roof must have eaves or overhangs of not less than 12 inches,except where required to maintain a 2-'/z fobt property line setback.Built up,roll roofs and corrugated,sheet or skin metal or plastic panels are prohibited. 4. Mobile homes that are more than 10 years old tire not permitted to be installed,Proof ofthe date of manufacture of the mobile home shall be required at the time of plan check submittal. osnc/os Page 20.61-1 • -- - - Amateur Radio and Satellite Dish Antennas CHAPTER 20.61 AMATEUR RADIO AND SATELLITE DISH ANTENNAS Sections: 20.61.010 Purpose 20.61.015 Definitions 20.61.020 Permit Requirements 20.61.025 Development Standards 20.61.030 Application for Permit 20.61.035 Issuance of Permit 20.61.040 Rights of Appeal 20.61.045 Fees 20.61.050 Notice 20.61.055 Nonconforming Antennas 20.61.010 Purpose • A. 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. B. Provide the minimum practical regulation necessary to satisfy the aesthetic,health, safety and welfare concerns that have prompted these minimal restrictions on amateur radio antennas and satellite dish antennas. C. Reasonably accommodate amateur radio communications,to constitute the minimum regulation necessary to accomplish the purposes of this section, and to impose no unreasonable cost on the amateur radio operators. E. To minimize the impact of the regulations on the right of individuals to receive satellite delivered signals and constitute the least intrusive means available to the City to mitigate the potential adverse impacts on the safety and welfare of residents and the quality and aesthetics of the community. F. To avoid unreasonable limitation on the reception of satellite delivered signals or the transmission of such signals and excessive costs associated with processing applications for permits conditions imposed by those permits. • 10/13/04 Page 20,61-2 Atnateur Radio and Satellite Dish Antennas 20.61.015 Definitions A. AmateurRadio Antennas, Any antenna which is used for the purpose oftransmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. B. Antenna Structure, An antenna and its supporting mast or tower, if any. C. Mast. 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. Satellite Dish Antenna/Antenna, Any parabolic and/or disk shaped antenna ofeither 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. D. Whip Antenna. An antenna consisting of a single, slender,rod-like element, less then I wave length long,which is supported only at or near its base. 20.61.020 Permit Required . Amateur radio antennas, structures and masts and satellite dish antennas that comply with the development standards specified in this chapter are permitted as an accessory use in all zoning districts subject to issuance ofany other appropriate permit. Amateur radio antennas,structures and masts and satellite dish antennas which do not comply with the development standards specified in this chapter shall be permitted subject to first securing an antenna permit,and any other appropriate permits. 20.61.025 Development Standards A. Amateur Radio Antennas: i. 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 oflowering the antenna to the maximum permitted heightwhen not in operation. 10/13/04 _ ___Page 20.61-3 • — — Amateur Radio and Satellite Dish Antennas 2. Permitted Height. a. The height of an antenna shall be measured from natural grade at the point the mast touches,or if extended would touch,the ground. b. 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. C. When not in operation, no part of any amateur radio antenna, excepting whip antennas,shall extend to a height ofmore than 28 feet measured above grade of the site on which the antenna is installed. 3. Number Permitted. One amateur radio antenna structure and one whip antenna shall be permitted on each site. 4. 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. • a. No portion of the antenna structure or mast is located within any required setback area;and b. No portion of the antenna structure or mast is within the front 40 percent of that portion of the site that abuts a street;and C. In the event a site abuts two or more streets,the mast is not located within the front 40 percent of that portion of the site where primary access is provided to the property. B. Satellite Dish Antennas: 1. 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 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. 2. Number. No more than 1 satellite dish antenna shall be permitted on a site. 3. Color. All satellite dish antennas not screened shall be painted in a manner compatible with the structures on the site. 10/13/04 Page 20.61-4 Amateur Radio and Satellite Dish Antennas 10 4. Sien. No sign of any kind shall be posted or displayed on any satellite dish antenna. 5. Ground Mounted Satellite Dish Antennas. a. Size. The diameter of a ground mounted dish antenna shall not exceed 10 feet. b. ei ht. Except as provided in Subsection B-1, above,the height of any portion of a ground mounted dish antenna shall not exceed 15 feet. C. Location. In all residential zones a ground mounted dish antenna shall be located on the rear one-half ofthe site,provided,however,if a site borders apublic street and any waterway,beach,bluff,or park, the satellite dish antenna shall be located in the middle one-third(1/3) ofthe 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 closestto the property line adjacentto the, public street. d. 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. 6. Roof Mounted Antennas. a. L . The diameter of any roof mounted satellite dish antenna shall not exceed 10 feet. b. ei ht. Roof mounted antennas shallnot: (1) If installed on a flat roof the antenna shall not exceed the height limit for the district; (2) If installed on a sloping roofthe antenna shall not exceedthe 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 ofthe site or the rear one-halfofthe building furthest from the primary access to the site, whichever is furthest from the front property line,provided,however,if a tai3roa Page 20.61-5 Amateur Radio and • Satellite Dish Antennas 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. 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. 20.61.030 Application for Permit The development standards in Section 20.61.025 may be waived or modified by the Planning Director upon application for an antenna permit. The application shall be on a form supplied by the Planning Department and shall be accompanied by the following information,maps and plans: A. 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. B. Manufacturer's specifications of the antenna structure. C. 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. D. For satellite dish antennas, details of attaching or fixing the antenna to the roof, if applicable. E. Elevations drawn to scale and dimensioned so as to fully describe the proposed structure and any proposed screen. F. Written consent of the property owner. G. Statement of the reasons why strict conformance with the development standards specified in Section 20.61.025 will: 1. Unreasonably limit, or prevent,reception or transmission of signals; • 10/13/04 Page 20,61.6 Amateur Radio and Satellite Dish Antennas 2. Result in excessive expense in light ofthe cost of purchase and installation of antenna; or 3. Be necessary to achieve the goals and objectives specified in this chapter. 20.61.035 Issuance of Permit A. The Planning Director shall issue a permit for any amateur radio antenna,structure or mast, or satellite dish antenna if strict compliance with the provisions of Section 20.61.025: 1. Will result in unreasonable limitations on, or prevent, reception or transmission of 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. 20.61.040 Bights of Appeal A. Appeals. Decisions of the Planning Director may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures.Procedures for appeals shall be as prescribed by Chapter 20.95:Appeals. 20.61.045 Fees No person shall be charged a fee for applying for an antenna permit Reasonable fees for an appeal to the Planning Commission or City Council shall be established by resolution of the City Council. ta13104 Page 20.61-7 Amateur Radio and t • Satellite Dish Antennas 20.61.050 Notice A. Whenever notice is required pursuant to the provisions ofthis 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, or a satellite dish antenna shall be 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. 20.61.055 Nonconforming Antennas A. Amateur Radio Antennas. Amateur radio antennas,antenna structures,and masts in existence prior to April 27, 1988 may continue to be used without complying with the provisions of this chapter 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 20.61.025 (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 ofthis chapter,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 antenna permit shall be obtained before any expansion, enlargement or relocation. B. Satellite Dish Antennas. Satellite dish antennas in existence prior to July 26, 1989 shall be considered legal and nonconforming. Nonconforming satellite dish antennas may be enlarged,expanded or relocated only if the satellite dish antennas are brought into compliance with the provisions of this code,unless the expansion,enlargement or relocation is necessary to permit reasonable use of the satellite dish antennas and, in such event, an antenna permit shall be obtained prior to any such expansion, enlargement or relocation. . 10/13/04 Page 20.62-1 Nonconforming . Structures and Uses CHAPTER 20.62 NONCONFORM[NG STRUCTURES AND USES Sections: 20.62.010 Purpose 20.62.020 Applicability 20.62.030 Determination of Nonconformity 20.62.040 Nonconforming Structures 20.62.050 Nonconforming Uses 20.62.060 Nonconforming Parking 20.62.065 Landmark Buildings 20.62.070 Restoration of Damage or Destruction 20.62.080 Termination of Nonconforming Status 20.62.090 Abatement 20.62.100 Rights of Appeal 20.62.010 Purpose • This chapter establishes procedures for the continuance or abatement of existing structures and uses that do not conform to the provisions of the Zoning Code and the goals and polices of the General Plan, and which may be detrimental to the orderly development of the City and adverse to the general welfare of persons and property. This chapter is intended to limit the expansion of nonconforming structures and uses to the maximum extent feasible,to establish the criteria under which they may be continued or possibly expanded, and to bring these structures and uses into conformity in an equitable,reasonable and timely manner,without infringing upon the constitutional rights of property owners. 20.62.020 Applicability Uses, buildings, structures or lots that become nonconforming due to reclassification, ordinance changes,or annexations may be continued subject to the provisions of this chapter. 20.62.030 Determination of Nonconformity The Planning Director shall determine the nonconformity of any use,building,structure,or lot. Any use,building,structure,or lot found to be inconsistent with the provisions ofthe Zoning Code shall be deemed to be nonconforming. • 12/23/04 Page 20.62-2 Nonconforming Structures and Uses 20.62.040 Nonconforming Structures A. Maintenance and Repairs. Ordinary maintenance and repairs maybe made to legal nonconforming structures. No structural alterations shall be made which would prolong the life ofthe supporting members of a structure,except as provided in this section. B. Interior Alterations, Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming structure,provided that the cost ofthe desired improvement or repair shall not exceed 50 percent of the replacement cost of the nonconforming structure, as determined by the Building Director,over any consecutive 12 month period. C. Structural Alterations. Structural elements of a legal nonconforming structure may be modified or repaired subject to the following provision: I. Alteration of up to 25 percent ofthe structural elements within any 12 month period may be permitted by right. 2. Alteration of up-to 50 percent of the structural elements within any 12 month period may be permitted upon the approval of a modification permit. 3. Alteration ofup to 75 percent ofthe structural elements within any 12 month period may be permitted upon the approval of a use permit by the Planning Director, subject to the findings and provisions contained in Section 20.62.040(F). D. Additions. Structures legally nonconforming for reasons other than for parking,open space,floor area,or building bulk,may be enlarged,extended or expanded subject to the following provisions: 1. A increase of up to 25 percent of the gross floor area within any 12 month period may be permitted by right. 2. An increase of up to 50 percent of the gross floor area within any 12 month period may be permitted upon the approval of a modification permit. 3. An increase of up to 75 percent of the gross floor area within any 12 month period may be permitted upon the approval of a use permit by the Planning Director, subject to the following findings and provisions contained in Section 20.62.040 (F). 12123/04 Page 20.62-3 Nonconforming Structures and Uses No addition shall cause an increase in the structure's inconsistency with the regulations of the Zoning Code. E. Exceptions. The provisions of this section shall not apply to the following circumstances: 1. Seismic Retrofits. Alterations to a structure required to comply with the minimum provisions of Chapter 15.07,"Earthquake Hazard Reduction,"and California Government Code Section 8875. 2. Public Health & Safety. Structural elements of a legal nonconforming structure may be modified or repaired if the Building Director determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 50 percent of the replacement cost of the legal nonconforming structure,as determined by the Building Director. • 3. Nonconforming Parkins. Structures which are nonconforming due to off- street parking and loading requirements shall be subject to the provisions of Section 20.62.060. F. Required Findings. A use permit required for the alteration of a nonconforming structure may be approved only if the following findings are made in addition to those findings specified in Chapter 20.91. 1. The cost of the improvements to be made is minor in comparison to the value of the existing nonconforming condition. 2. The cost of correcting the nonconforming condition would exceed the cost of the other alterations proposed. 3. Retention of the nonconforming condition is necessary to maintain reasonable use of the structure. 4. The alteration does not increase the structure's inconsistency with the regulations of the Zoning Code. 12/23/04 Page 20.62.4 Nonconforming Structures and Uses 20.62.050 Nonconforming Uses A. Expansion,Increase and Intensification ofNonconforming_Uses. A use normally permitted by right or by the approval ofa use permit,but which is nonconforming by virtue of the required conditions of the district in which it is located, may be expanded,increased or intensified by way of a change in operational characteristics upon the approval of a use permit. Exception: The use ofa Landmark Building(see Section 20.62.065)maybe changed,expanded,increased or intensified and structural alterations may be made without obtaining a use permit required by this Section or the provisions of Section 20.82 subject to compliance with the provisions of Section 20.62.065. B. Chancre of Nonconforming Use, A nonconforming nonresidential use may be changed to a conforming use provided that the requirements of Chapter20.63(Floor Area Ratios and Building Bulk) are satisfied and the change does not create or increase a deficiency in code required off-street parking. A nonconforming residential use may be altered to reducethe dumber of dwelling units provided there is no increase in gross square footage and the provisions of Chapter 20.86:Low and Moderate Income Housing Within the Coastal Zone,are satisfied.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. 20.62.060 Nonconforming Parking A. Residential Uses. Where residential uses are nonconforming only because they do not conform to the off-street parking requirements of this code, the following alterations are permitted: 1. Number of Spaces a. Residential development having less than 2 parking spaces per dwelling unit: (1) Repair and maintenance, interior alterations, and structural alterations,as provided for in Section 20.62.040 (A-C). (2) Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the u2Mroa • - Page 20.62-5 Nonconforming Structures and Uses expansion of existing rooms,subject to the floor area limits of Section 20.62.0.040 (D-1 —D3). (3) Addition of new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit,subject to the floor area limits of Section 20.62.0.040(D-1 —D-3). b. Residential development having at least 2 parking spaces per dwelling unit may be altered or expanded as provided in Subsection A-I-a,except that: (1) The approval of a modification permit shall not be required for the addition of a new room provided that there is no net increase in the number of habitable rooms. (2) Additional rooms may be added upon the approval of a modification permit. • 2. Size of Parking Spaces. a. No discretionary approvals shall be required for the alteration or expansion of buildings which are nonconforming only because amendments to this code have changed the dimensions of required parking spaces subsequent to the original construction of the building,provided that the building and any proposed addition shall conform to current provisions of this code with regard to the number of required parking spaces. b. Where the dimensions of required parking spaces do not meet provisions of Subsection A-2-a, above, or current standards, alteration ofthe structure may be permitted only upon the approval of a modification permit. 3. Covered and Enclosed Parking. Residential development having less than the required number of enclosed parking spaces: a. Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040(A-C). 1=3/04 Page20.62-6 Nonconforming Structures and Uses b. Minor additions to existing buildings, such as the construction of bathrooms,closets and hallways,or the expansion of existing rooms, subject to the floor area limits of Section 20.62.0.040(D). C. Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit, subject to the floor area limits of Section 20.62.0.040(D). B. Nonresidential Uses. Where nonresidential structures and uses are nonconforming only because they do not provide the number ofparking spaces required by this code, the following-shall be controlling: 1. Continuation or Change. Nonconforming structures and uses in nonresidential 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 code. 2, Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62,040(A-C). 3. Enlargement or Intensification. a. More Than 10%Increase The nonconforming structure or use may be enlarged by more than 10 percent of its original gross floor area, or onsite uses may be intensified such that code required parking would increase by more than 10 percent, in any 12 month period, only if all code required parking is provided, unless a waiver or reduction of the parking requirement is authorized by use permit approved by the Planning Director. b. Less Than 10%Increase A nonconforming structure or use may be enlarged by less than 10 percent of its original gross floor area or intensified to generate less than a 10 percent increase in code required parking, upon the provision ofcode required parking attributable to the enlargement or intensification. 4. Removal. All nonconforming rights with regard to parking shall be lost for any non-accessory building which is demolished. tvzaroa Page 20.62-7 Nonconforming Structures and Uses 20.62.065 Landmark Buildings A. Purpose. To preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming uses and structures in this Chapter while maintaining the principal use and minimizing impacts on the surrounding area. B. AApplicability. The following types of buildings are recognized as having importance to the history and architecture of the City of Newport Beach and are collectively designated as Landmark Buildings: 1. Landmark Theaters. The term Landmark Theaters shall mean any building constructed for use as a cinema or theater that (a) was constructed on or before December 12, 1950; (b) has a single screen or stage; and (c) was designed to seat more than 300 people. 2. Landmark Structure. The term Landmark Structure shall mean-any building • listed on the National Register of Historic Places, constructed prior to December 12, 1950. C. Exemptions. The principal use of a Landmark Building may be modified, maintained, altered, increased or intensified by way of a change in operational characteristics without obtaining a use permit required by Section 20.62.050(A)or the provisions of Section 20.82, subject to compliance with the conditions of Subsection (D) and irrespective of whether the principal use has been inactive for any period of time since inception. An accessory use may be initiated,or intensified by way of a change in operational characteristics, in a Landmark Building without obtaining a use permit required by Section 20.62.050(A)or Section 20.82 subject to compliance with the conditions of Subsection (D). Structural alterations may be made to a Landmark Building without obtaining a use permit pursuant to Section 20.62.040(C) subject to compliance with the conditions of Subsection (D). For purposes of this Section the term accessory use shall mean any use that is permitted as a matter of right or pursuant to a use permit in the zoning district in which the Landmark Building is located. For purposes of this Section,the term principal use shall mean,in the case of a Landmark Theatre,the(i)display of motion pictures;and (ii)any similar entertainment use that occurred on a regular basis within the structure from its inception to January 1,2003. In the case of a Landmark Structure,the term principal use shall be the use that occupied the greatest amount of floor area as of January 1,2003. • 17/23/04 Page 20.62-8 Nonconforming Structures and Uses D. Conditions. The exemptions specified in Subsection C are applicable on the following conditions. 1. Any new use that is initiated, and any use that is intensified by way of a change in operational characteristics,is accessory and remains subordinate to the then current and ongoing principal use of the Landmark Building. 2. The principal use of the Landmark Building occupies, at all times, no less than seventy percent(70%) of the of the gross floor area of the Landmark Building. 3. A use permit is issued pursuant to the provisions of Chapter 20.89(Alcoholic Beverage Outlets)prior to the initiation of any accessory use that involves the sale or consumption of alcoholic beverages. 4. Any permit required by any other titles(other than Title 20)ofthe Municipal Code has been issued prior to the initiation or intensification(by way of a change in operational characteristics)of any accessory use of the Landmark Building. 5. Any accessory use in any Landmark Theater is conducted between the hours of 8:00 a.m.and 12:00 a.m. 6. The required off-street parking ofall uses after any additions,intensification, modification or expansion (including credit for reductions in off-street parking resulting from the elimination of accessory uses existing on January 1, 2003) is less than the required off-street parking for the principal and accessory uses prior to any additions, intensification, modification or expansion. 7. The fagade and/or exterior architectural features of the Landmark Building are not substantially altered or are restored to original condition and the exterior walls of the Landmark Building remain in substantially the same location as they existed on January 1,2003. 12WI04 Page 20.62-9 Nonconforming Structures and Uses 20.62.070 Restoration of Damage or Destruction A. Nonconforming Use. A nonconforming use occupying land,a building,or portion thereof which is otherwise conforming and damaged or destroyed by fire,explosion, earthquake,or other disaster may be reestablished,provided that restoration work is commenced within 12 months after the damage or destruction occurs and is pursued diligently to completion. B. Nonconforming Structure or Parking 1. Determination ofReplacement Value. The replacement value ofthe structure shall be determined by the Building Director. However, the Building Director shall accept the appraised replacement value of the structure as determined by an independent, licensed appraiser retained by the property owner,should the property owner choose to do so. The replacement value of the structure shall be in excess of the building foundation at the time of the damage. • 2. UR To 90%Damage or Destruction. a. General Provisions. A nonconforming structure,which is partially destroyed by fire, explosion, earthquake, or other disaster, may be repaired or restored as a matter of right if the cost of the repair or restoration is less than 90 percent of the replacement value of the structure. The rights conferred by this section are contingent upon diligent application for a building permit after the damage or partial destruction occurs and diligent pursuit of repairs to completion. b. Special Provisions. Notwithstanding the provisions of subparagraph a,where a structure is nonconforming due to an encroachment into a setback or into the required distance between buildings, and the encroachment is more than 90 percent destroyed, a modification permit shall be required for replacement or repair of the encroachment. When a structure is nonconforming due to excessive height, bulk, gross floor area, or lack of open space, and the nonconforming condition is more than 90 percent destroyed, the nonconforming condition may be restored only after approval of a use permit approved by the Planning Director pursuant to Chapter 20.91 with the following additional findings,subject to the limitations in Subsection D below: 12/23/04 Page 20.62.10 Nonconforming Structures and Uses (1) That replacement of the nonconforming condition is necessary to maintain reasonable use of the structure or individual condominium unit. (2) That replacement of the nonconforming condition is necessary to preserve a substantial property right. 3. Greater Than 90%Destruction. If a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than 90 percent of its replacement value,then the nonconformity may be restored only if use permit is first approved by the Planning Director provided application for the use permit is made within 12 months after the damage or destruction occurs and the following findings are made in addition to those findings required in accordance with Chapter 20.91 subject to the limitations in Subsection D below: a. That replacement of the nonconforming condition is necessary to maintain reasonable use of the property or individual condominium unit. b. That replacement of the nonconforming condition is necessary to preserve a substantial property right. 4. Removal of Portions of the Structure Not Destroyed or Damaged. If a nonconforming structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than 50 percent of its replacement value,then a maximum additional 20 percent of the structure may be removed and replaced if necessary to pursue restoration of the structure. Any additional portions of the structure may be removed and replaced, only upon the approval of a use permit by the Planning Director and subject to the following findings in addition to those findings required in accordance with Chapter 20.91. a. That substantial additional expense would be created by the necessity of working around the additional portion of the structure to be removed when repairing the damaged or destroyed portion. 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. 1=3M Page 20.62-11 Nonconforming Structures and Uses C. Agin and Deterioration. The provisions of this section shall not be construed to permit replacement of nonconforming conditions in structures undergoing renovation, remodel, or reconstruction, structures damaged by ongoing natural processes such as dry rot or termites or structure which have deteriorated due to age. D. Condominium Units. When a use permit is required for replacement or repair of any condominium units which are damaged or destroyed by fire earthquake,explosion,or other disaster, no reduction in the number of units shall be required. The replacement units shall be permitted to be equivalent in size and location to the units which were damaged or destroyed. 20.62.080 Termination of Nonconforming Status A. A nonconforming structure or use must be modified to conform to the regulations of the district in which such property is located when one or more of the following events occur: 1. Unless otherwise provided for in this chapter, a nonconforming use which remains inactive for 180 consecutive days, shall be deemed have to ceased, and shall not thereafter be reestablished,except as provided in Subsection B, below. 2. A nonconforming use is converted to a conforming use. 3. If a nonconforming use or structural nonconformity is enlarged, extended, expanded or in any other manner changed to increase its inconsistency with the regulations of the Zoning Code. 4. Expiration of the period of time provided in the resolution establishing the conditions of abatement and the abatement period. 1?l23/04 Page 20.62-12 • Nonconforming Structures and Useg B. Exceptions. 1. A nonconforming use which has been inactive for 180 days or more may be reestablished,subject to the approval of the Planning Director upon finding that: a. The use is normally permitted,either by right or by the approval of a use permit, and is nonconforming only by virtue of the required conditions of the district in which it is located;and b. The.property or structure where the nonconforming use was located contains a substantial investment in the structural design,equipment, or fixtures that are unique to and necessary for the operation of the former use;and e. The property owner has made a good faith effort to reestablish the use and has maintained the property in a manner to prevent unsafe or unsightly condition during the period of inactivity. 2. A nonconforming use that has been inactive for 180 days or more may be reestablished when located within a Landmark Building, pursuant to the requirements Section 20.62,065. 20.62.090 Abatement A. vitiation. Upon the determination that the orderly termination of a nonconforming use is necessary to promote the health, safety, and general welfare and to comply with the provisions of the Zoning Code and goals and policies of the General Plan, the Planning Commission shall initiate proceedings for the abatement of the use. Exception:Residential uses in residential districts which are nonconforming only in terms of their density shall not be subject to abatement. B. Time Periods. 1. Nonconforminiz Use ofLand When No Structure Is Involved. Inanydistrict. the nonconforming use of land wherein no structure is involved shall be abated within one year from the date this code become effective, and any future use of such land shall conform to the provisions of this code. 1?@3/04 • Page 20.62-13 Nonconforming Structures and Uses 2. Nonconforming Use of Land Involving a Structure. In any district, the nonconforming uses of land wherein a structure is involved shall be discontinued within the time limits specified by the Planning Commission, which shall not exceed the following maximum time limits: a. Residential districts: 5 years; b. Nonresidential districts: 10 years. Maximum time limits for nonconforming uses in the residential or nonresidential portions of SP or PC district shall the same as those for residential and nonresidential districts, respectfully, unless, otherwise provided for in the specific plan or development plan. C. Notice and Public Hearing. Notice and hearing procedures shall be the same as provided in Chapter 20.94. The owner or lessee shall be allowed to present such evidence as he may possess and which may relate to the case. D. Duties of the Planning Commission. The Planning Commission shall establish the conditions of abatement and the abatement period. The Commission shall consider at the public hearing all pertinent data to enable it to arrive at an equitable abatement period which will protect the public welfare,yet will allow the owner of record, or lessee ifthere be such,to amortize his investment so that any loss will be minimized. The Commission shall take into consideration any structural alterations or en- largements,or the installation of major equipment designed into the building prior to the date of nonconformity when setting the abatement period. E. Action by the Planning Commission.After the close of the public hearing, the Planning Commission shall determine and establish by resolution the abatement period, and shall set forth in said resolution all findings and facts upon which the date of such abatement is based. F. Notice to Owner. The Secretary of the Planning Commission shall formally notify the owner of such nonconforming property of the action of the Commission by mailing to such owner a copy of the resolution not later than 10 days following the date of its adoption by the Planning Commission. • 1vz3roa Page 20.62-14 Nonconforming Structures and Uses 20.62.100 Rights of Appeal A. Appeals. Decisions of the Planning Director or the Zoning Administrator may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures.Procedures for appeals shall be as prescribed by Chapter 20.95.1 Appeals. IV23104 Page 20.63-1 Floor Area Ratios and Building Bulk • CHAPTER 20.63 FLOOR AREA RATIOS AND BUILDING BULK Sections: 20.63.010 Effect of Chapter 20.63.020 Purpose 20.63.030 Definitions 20.63.040 Land Use Intensities 20.63.050 Conversion of Use 20.63.060 Building Bulk 20.63.070 Conflicts 20.63.080 Transfer of Development Intensity 20.63.010 Effect of Chapter The following regulations shall apply to all nonresidential districts. • 20.63.020 Purpose This chapter is intended to: A. 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. 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. Insure an appropriate mix of land uses within commercial districts which will not overburden the circulation system . D. Regulate the .visual and physical mass of structures consistent with the unique character and visual scale of the City of Newport Beach. • 09/23/9s Page 20.63-2 Floor Area Ratios and Building Bulk 20.63.030 Definitions For purposes of this chapter, the following definitions shall apply: A. Base Development Allocation. The total square footage of a site or a statistical area multiplied by 0.5. B. 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 20.63. C. Building Bulk. The visual and physical mass of a building, calculated in accordance with Section 20.63.060. D. Decreased Site. A parcel of land from which development rights are transferred. E. Floor Area Ratio(FAR). The ratio of gross floor area of all uses on a site to the total square footage of the site. F. Gross Floor Area. For purposes of this chapter, gross floor area shall be defined as the area of a building or portion thereof including the surrounding exterior walls, except that outdoor dining areas utilized in conjunction with an eating and drinking establishment 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. G. Increased Site. A parcel of land to which development rights are transferred H. Maximum FAR Use. A use which may be permitted to develop up to the maximum floor area ratio as listed in Table 20.63 and as otherwise provided herein. I. 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 20.63.040(B), Section 20,63,040(C) and the Land Use Element of the General Plan, I. Reduced FAR Use. A use which shall be limited to development at a floor area ratio of 0.3 as specified in Table 20.63. K. Statistical Area. A geographic planning area defined by the Land Use Element of the General Plan delineating intensity and/or density limits and major land use policies. OW319s Page 20.63-3 Floor Area Ratios and Building Bulk_ _ 20.63.040 Land Use Intensities A. The land use intensities for nonresidential uses specified in the Land Use Element of the General Plan shall be implemented as follows: 1. Fixed Designation. Where the Land Use Element of the General Plan specifies a single floor area ratio or square footage limit 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. 2. Variable Floor Area Ratios. Where the Land Use Element of the General Plan specifies variable designations for a site (denoted by a slash), the permitted gross floor area shall vary, and shall be prorated according to the type of use. The base development allocation shall be calculated per Section 20.63.030. 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. The area devoted to each type of use shall be. weighted as follows: Use Category Weighting Factor • Base FAR uses 1.00 Reduced FAR uses 1.67 Maximum FAR uses 0.50 Neither the base development allocation nor the maximum floor area ratio specified in the Land Use Element of the General Plan shall be exceeded, except as provided in Section 20.63.040 (B)below. B. Exceptions. 1. Existing Buildings. Previously existing buildings may exceed the base development allocation as provided in Section 20.63.050 (B). 2. Planning Director's Approval. The Planning Director may issue a use pernit to approve a project which exceeds the base development allocation up to the maximum floor area ratio established for the statistical area in which the project is proposed, upon finding: a. That the nix of existing and approved development within the statistical area in which the project is proposed does not exceed the base development allocation established for that statistical area. M3/98 Page 20.634 Floor Area Ratios and Building Bulk b. That the statistical area in which the project is proposed does not contain any undeveloped or underdeveloped properties of sufficient size which,if developed within the land use intensities established by the Land Use Element of the General Plan, would cause the base development allocation for that statistical area to be exceeded. The Planning Director's approval shall expire unless a building permit has been issued and construction has commenced within 24 months from the date of approval. 3. Use Permit. Any project which would cause the statistical area in which it is proposed to exceed the base development allocation established by the Land Use Element of the General Plan may only be approved pursuant to the use permit procedures provided in Section 20.63.040(C). C. Use Permit to Exceed Base Floor Area Ratio. A use permit may be approved for projects which exceed the base development allocation established for the statistical area for which the project is proposed up to the maximum floor area ratio established for the statistical area. 1. Required Findings. In order to approve a use permit for a project to exceed the base development allocation of a statistical area, one or more of the following findings are made: a. The project provides for the consolidation of existing legal lots to provide unified site design. b. The project provides for shared access with adjoining properties to a public right-of-way through common driveways and closes and relinquishes access rights to any other existing driveways. C. The project provides for cross-easements, joint maintenance agreements, and reciprocal parking agreements with adjoining properties to facilitate the shared use of parking areas and to improve internal circulation. d. The project's design and construction preclude land uses with high traffic generating characteristics. e. The project incorporates design characteristics which mitigate any additional traffic generation or parking demand characteristics associated with the increased entitlement or which serve to improve existing traffic circulation or parking conditions. a9n3roa Page 20.63-5 Floor Area Ratios ---and Building Bulk • f. The project provides infrastructure improvements or dedications beyond what is necessary to serve the project and its population. g. The project incorporates innovative design or construction methods which further the goals of the General Plan. . h. A covenant shall be recorded which would bind the current and future property owners to the land uses which will not overburden the circulation system. 2. Additional Required Findings. In addition to the findings required above,the following additional findings shall be made: a. 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. b. That the proposed use and structures,including above grade covered parking, are compatible with the surrounding area. C. The increased development,including above grade covered parking, will not result in significant impairment of public views. d. 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. D. Utilities and Mechanical Equipment. The Planning Director may exclude utility and mechanical equipment rooms,totaling up to 10 percent of the gross floor area,from the calculation of the floor area ratio when it is clearly demonstrated that such areas do not contribute to the traffic generation potential of the property. E. Mixed Commercial/Residential Development. Where second 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 makes the following findings in addition to those use permit findings required under Section 20.91.035 (A): 1. That the proposed commercial space constitutes a significant portion of the project. 09/23/98 Page 20.63.6 Floor Area Rados and Building Bulk 2. That the proposed commercial space is large enough to accommodate 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. 20.63.050 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 20.63,040(E)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 subject to all of the following findings in addition to those findings required in accordance with Section 20.91.035 (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 L-18. 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 L-18. 09/23/98 Page 20.63-7 Floor Area Ratios and Building Bulk • 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 operational 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. 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 20.63.040 (E). • 20.63.060 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 2 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 1 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 2 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. • 09/23/98 Page 20.63-8 Floor Area Ratios and Building Bulk 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 counted 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. Exception. The Planning Director may issue a use permit to approve a project that exceeds the building bulk limits established in this section upon making the findings contained in Section 20.63.040(C-2) and upon finding that the project is consistent with any applicable design criteria adopted by the City Council. 20.63.070 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. 20.63.080 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. 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. B. Maximum Gross Floor Area for an Increased Site. The gross floor area on any increased site shall not exceed 1 times the buildable area of the site or the gross floor area before the intensity transfer,whichever is greater. C. 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 0/23198 Page 20.63-9 Floor Area Ratios and Building Bulk • development intensity,taking into account the types of land use to be developed and calculated in accordance with Section 20.63.040. D. Building Bulk. As provided in Section 20.63.060, 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. E. 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. F. 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. G. 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. • H. 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. I. Required Findings. When approving a use permit for a transfer of development intensity,the Planning Commission shall make the following findings in addition to those required under Section 20.91.035 (A): 1. The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. 2. The transfer of development intensity will result in a net benefit to the aesthetics of the area. 3. 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. 4. The proposed structures and uses,including above grade covered parking, are compatible with the surrounding area. • 09/23/98 Page 20.63-10 Floor Area Ratios and Building Bulk 5. The increased development on the increased site, including above grade covered parking, will not result in significant impairment of public views. 6. 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. 7. The transfer of development intensity will not result in a net negative impact on the circulation system. 8. 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 L-18. 9. The proposed uses and physical improvements are such that the approved projects would not readily lend themselves to conversion to higher traffic generating uses. J. 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. Table 20.63 Land Use Classification Specific Land Uses Reduced FAR Uses(Floor area ratios up to 0.3) Public and Semipublic Uses Clubs and Lodges Social Clubs Commercial Uses Commercial Recreation and Entertainment Sports Stadiums and Arenas Cinemas Theaters Cabarets and Nightclubs Eating and Drinking Establishments Full-Service,High Turnover Take-Out Service 0923/98 Page 20.63-11 Floor Area Ratios and Building Bulk • Table 20.63 Land Use Classification Specific Land Uses -With Drive-Through/Drive-Up Bars and Cocktail Lounges Food and Beverage Sales Convenience Markets Personal Improvement Services Health/Fitness Clubs Base FAR Uses(Floor area ratios up to 0.5) Public and Semipublic Uses Airport Cemetery Clubs and Lodges(other than Social Clubs) Cultural Institutions Day Care,General Detention Facilities • Emergency Health Care Emergency Shelter Government Offices Heliports Hospitals Maintenance and Service Facilities Marinas Park and Recreation Facilities Public Safety Facilities Religious Assembly Schools,Public or Private Utilities,Major Utilities,Minor Commercial Uses Adult-Oriented Businesses • 09/23/98 Page 20.63.12 Floor Area Ratios and Building Bulk Table 20.63 0 Land Use Classification Specific Land Uses Ambulance Services Animal Sales and Services. Artists'Studios Banks and Savings and Loans Building Materials and Services Catering Services Commercial Filming Commercial Recreation and Entertainment(other than Sports Stadiums and Arenas,Cinemas,Theaters,and Cabarets and Nightclubs) Communications Facilities Eating and Drinking Establishments Full-Service,Low Turnover Full-Service,Small-Seale Takc-Out Service,Limited Accessory Food and Beverage Sales(other than Convenience Markets) Funeral and Internment Services Horticulture,Limited Maintenance and Repair Services Marine Sales and Services(other than Boat Storage and Boat Yards) Nurseries Offices,Business and Professional Pawn Shops Personal Improvement Services(other than Health/Fitness Clubs) Personal Services Postal Services Printing and Duplicating Services • aW3rss Page 20.63-13 Floor Area Ratios and Building Bulk Table 20.63 Land Use Classification Specific Land Uses Research and Development Services Retail Sales Secondhand Appliances and Clothing Sales Swap Meets,Recurring Travel Services Vehicle/Equipment Sales and Services Maximum FAR Uses(Floor area ratios up to 0.75 or 1.0) Public and Semipublic Uses Convalescent Facilities Residential Care,General Commercial Uses Marine Sales and Services Boat Storage • Boat Yards Laboratories Visitor Accommodations Warehousing and Storage,Limited Warehousing and Storage,Self Service Industrial Uses Food Processing Industry,Custom Industry,General Industry,Limited Industry,Marine-Related Industry,Research and Development Storage and Distribution • ovnsma Page 20.64-1 . - Transportation Demand Management Ordinance CHAPTER 20.64 TRANSPORTATION DEMAND MANAGEMENT ORDINANCE Sections: 20.64.010 Findings 20.64.020 Purpose 20.64.030 Definitions 20.64.040 Transportation Demand Management Requirements 20.64.050 Applicability 20.64.060 Employment Generation Factors 20.64.070 Site Development Requirements 20.64.080 Equivalent Facilities or Measures 20.64.085 Enforcement 20.64.090 Appeal 20.64.010 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. 20.64.020 Purpose The City Council of the City of Newport Beach declares that this chapter is intended to meet the requirements of Government Code Section 65089(b)(3),which requires development ofa 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. 20.64.030 Definitions For purposes of this chapter,the definitions for the following terms shall apply: A. Alternative Transportation Modes. 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. 10/13/04 I� Page 20.64-2 Transportation Demand Management Ordinance B. New Development Proiect. Any non-residential project being processed where some level of discretionary action by a decision-making body is required. 20.64.040 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 makes written findings that Transportation Demand Management program has been developed which will: A. Reduce the number of peak-period vehicle trips generated in association with the additional development;and, B. Promote and encourage the use of alternative transportation modes,such as ridesharing, carpools,vanpools,public transit,bicycles and walking; and, C. Provide those facilities that support such alternate modes. 20.64.050 Applicability This Chapter shall apply to all new,nonresidential development projects that are estimated to employ a . total of one hundred (100) or more persons, or the current limit set by the South Coast Air Quality Management District(SCAQMD)in Rule 2202,whichever is lower at the time ofproject 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. 20.64.060 Employment Generation Factors The following generation factors are the basis for determining employment projections in the absence of more specific information: Land Use Cateeory Gross Square Feet/Emplovee 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. 10/13/04 Page 20.64-3 . Transportation Demand Management Ordinance 20.64.070 Site Development Requirements All developments shall be subject to the following site development requirements of this chapter: A. Carpool Parking. 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 5 percent of the provided parking shall be reserved for carpools. Additional spaces shall be designated for each new carpool which forms. B. Bicycle Lockers. Bicycle lockers shall be provided for use by employees or tenants who commute by bicycle. A minimum of 2 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 3 lockers for each space. Demand shall be deemed to have been demonstrated when an employee or tenant commits to riding an average of 2 days per week. C. Lockers and Showers. A minimum of I shower and 2 lockers shall be provided. Provisions shall be made for a second shower and additional lockers to the installed at such time as 4 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. D. Information on Transportation Alternatives. A commuter information area shall be provided in I 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. E. 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 2 passenger vehicles for the first 25,000 square feet ofdevelopment,plus 1 for each 50,000 square feet of additional development or fraction thereof. F. Vanpool Accessibility. The design of all parking facilities shall incorporate provisions for access and parking ofvanpool vehicles. Where applicable,a minimum T-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. G. 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 5 years. Improvements shall be developed in consideration of the level of transit ridership and 10/13/04 Page 20.64-4 Transportation Demand Management Ordinance • the impact of stopped busses on other traffic. All such improvements shall be reviewed by the appropriate public transit agencies. 20.64.080 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 ofthe proposed measures to the satisfaction of the Traffic Engineer prior to consideration by the Planning Commission. 20.64.085 Enforcement To assure that applicable developments comply with the provisions of this Chapter, the City shall, following written notice to subject property owner or designee,initiate enforcement action(s)which may include,but not be limited to,the following: A. Withholding issuance of a Building Permit or Certificate of Occupancy. B. Issuance of Stop Work Orders. 20.64.090 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 Chapter 20.95. Such appeal shall be limited to evidence presented before, and the findings of,the Planning Commission. B. The City Council shall have a right to appeal as set forth in Chapter 20.95,as limited above. 10/13I04 Page 20.65-1 Height Limits CHAPTER 20.65 HEIGHT UmTs Sections: 20.65.010 Purpose 20.65.020 Effect of Chapter 20.65.030 Measurement of Height 20.65.040 Height Limitation Zones 20.65.050 Planned Community Districts 20.65.055 Required Findings to Exceed Height Limits 20.65.060 Existing Structures and Permits 20.65.070 Exceptions to Height Limits 20.65.080 Airport Height Limits 20.65.010 Purpose A. This chapter establishes regulations on the height of buildings throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved. • B. This chapter creates 5 height limitation zones which govern building height but allow design flexibility with City review. C. These regulations shall be reviewed and revised as necessary. 20.65.020 Effect of Chapter All sections of this code shall be subject to the provisions of this chapter. 20.65.030 Measurement of Height A. Height of Structure. The heightof a structure shall be the vertical distance between the highest point of the structure and the grade directly below. In determining the height of a sloped roof,the measurement shall be the vertical distance between the grade and the midpoint of the roof plane,as measured from the ridge of the roof to where the wall plate intersects the roof plane,provided that no part of the roof shall extend more than 5 feet above the permitted height in the height limitation zone. . 05/26J05 Roar*$ Page 20.65.2 Height Limits RoOlir* AYp Wd x Plow 1 1 GMU B. Grade.Forthe purpose of measuring height,the grade shall be the unaltered natural vertical location of the ground surface unless one of the following applies: I. 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 ofheight. Under no circumstances shall height be measured from excavated surfaces such as basements and wine cellars which have been used to artificially lower the ground surface. 2. Flood Hazard Areas. The height shall be measured from the finished floor of any portion of the principal building where habitable space is required to be elevated to the elevation established by the Flood Insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building elevations established by the Flood Insurance Rate Maps,the minimum required first floor finished floor elevation for the interior living areas ofall new structures shall be at least 8.67 (NAVD 88) consistent with the Public Works Department standard for bulkhead elevation. 3. Establishment of Grade. In a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of this chapter is fulfilled. The establishment of grade by 05/26105 Page 20.65-3 Height Limits the Planning Commission shall require the approval of a site plan review which shall be obtained in accordance with Chapter 20.92. In order to establish grade, the Planning Commission shall make the following findings in addition to those required by Chapter 20.92: a. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such grade will not be detrimental to the health,safety,peace,morals,comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. b. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. C. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. d. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. 20.65.040 Height Limitation Zones In addition to the development standards established in the various districts,there shall be 5 height limitation zones within the City. The designations, locations, and boundaries of these height limitation zones shall be as shown on the"Height Limitation Zones"map,incorporated herein and made 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 this chapter. A. 24/28 Foot Height Limitation Zone. In the 24/28 Foot Height Limitation Zone the height limit for any structure shall be 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 28 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all R-1,R-1.5, R-2, and OS Districts. B. 28/32 Foot 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 amaximum of 32 feet in an adopted planned community district, or through the adoption of a specific plan,or through the approval of a use permit. This height limitation zone shall apply to all WR Districts. • C. 26/35 Foot Height Limitation Zone. In the 26/35 Foot Height Limitation Zone the 05/26/05 Page 20.65.4 Height Limits _ height limit shall be 26 feet;provided,however,that a structure may exceed 26 feet up to a maximum of35 feet through the adoption of planned community district,or through the adoption of a specific plan,or through the approval ofa use permit. This height limitation zone shall apply to all zoning districts,other than R-1,R 1.5,R-2, MFR and OS Districts, within the area known as the Shoreline Height Limitation Zone established by Ordinance 92-3 and shown on the Height Limitation Zones map. D. 32/50 Foot Height Limitation Zone. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be 32 feet;provided, however, that a structure may exceed 32 feet up to a maximum of 50 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts other than R-1,R-1.5,R-2,MFR and OS Districts which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High-Rise Height Limitation Zone. E. High Rise Height Limitation Zone. In the High Rise Height Limitation Zone the height limit for any structure shall not exceed 375 feet. 20.65.050 Planned Community Districts In each planned community district established subsequent to the adoption this chapter,the height limits shall be established as part ofthe planned community development plan;provided,however, that in no event shall the development exceed the height limits permitted in the height limitation zones as set forth under Section 20,65.040 and as designated below: 24/28 FOOT HEIGHT LIMITATION ZONE. I. Upper Newport Bay Planned Community as established by Ordinance No. 1537 adopted December 17, 1973 (Amendment No.409). 20.65.055 Required Findings to Exceed Height Limits The Planning Commission or City Council in approving any planned community district, any specific plan,or in granting any use permit for structures in excess of the basic height limit in any district shall find that each of the following four points have been complied with: A. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot,the percentage of ground cover, and the treatment of all setback and open areas. B. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. oeacMS Page 20.65-5 Height Limits C. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. D. The structure shall have no more floor area than could have been achieved without the use permit. 20.65.060 Existing Structures and Permits A. The use permit application fee shall be waived for any single family home in the R-1 District which is replacing a structure which was in existence on the effective date of this chapter(October 11, 1972). B. Structures on the bluff side of Ocean Boulevard in Corona del Mar,which were in existence or under construction on the effective date of this chapter (October 11, 1972)may be changed provided such change does not result in a roof height above top of curb and provided further that the roof height does not exceed the height limit established by the 24/28 Height Limitation Zone. For purposes of this chapter,the top of curb height limitation shall be established by a horizontal plane created by the extension of the top of curb line across each site located on the bluff side of Ocean Boulevard. Where a question arises as to the interpretation ofthis code,the Planning Director shall review and render a decision. New structures may be constructed on vacant sites subject to the same criteria. 20.65.070 Exceptions to Height Limits A. Architectural Features and Solar Equipment. Architectural features such as,but not limited to,cupolas,weathervanes, open protective railings for stairways,and other decorative roof-top features of an open nature, and solar equipment, but excluding parapet walls, may be permitted in excess of permitted height limits subject to the approval of a modification permit. B. Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened mechanical equipment, totaling no more than 25 square feet, shall be permitted up to 5 feet in excess of the height limits.Elevator shafts may exceed 25 square feet only when a larger elevator is required by the Building Code and/or Fire Department. In these instances, the area of the elevator shaft shall not exceed the minimum size required by the Building Code and/or Fire Department. C. Chimneys and Vents. Chimneys and vents shall be permitted in excess of height limits to the minimum extent required by the Uniform Building Code plus an additional 12 inches for the provision of spark arrestor apparatus or architectural features of a decorative screening nature. Any such structures or features exceeding the Uniform Building Code requirements shall be subject to the following criteria: 05/26/05 Page 20.65.6 Height Limits 1. That the overall dimensions of the chimney shall be limited to a maximum width of2 feet by a maximum length of4 feet for any portion ofthe structure which exceeds the Uniform Building Code requirements. 2. That the allowance for the additional 12 inches shall be solely for the incorporation of a spark arrestor as required by the manufacturer or for the incorporation of an architectural screening or treatment. All chimneys and vents exceeding the minimum height required by the Uniform Building Code, with the exception of an additional 12 inches for spark arrestor apparatus or architectural features of a decorative screening nature,shall be subject to the approval of a modification permit. D. Skylights and Roof Windows. The terms skylights and roof windows shall be interchangeable and shall be permitted in excess of the average height permitted in the Height Limitation Zones only as indicated in the following.However,in no case shall any portion ofany 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 roofwindow which is openable shall not be permitted under this section,except those which slide open within the same plane as the frame of the structure,or open to the interior of the building only. Any such structure or feature shall be limited as follows: 1. When mounting on a flat roof structure,the maximum height measured at the highest point ofthe proposed skylight or roof window,in a plane parallel to the plane of the roof structure, shall not exceed an elevation of 6 inches above the average roofheight as provided by the Height Limitation Zone,or 6 inches above the finished surface ofa conforming roof structure,whichever is less. 2. When mounting on a sloping roof structure,the maximum height measured at the highest point ofthe proposed skylight or roof window,in a plane parallel to the plane of the roof structure, shall not exceed an elevation of 6 inches above the finished surface of the conforming roof structure. 3. That in the areas of the City where a Height Limitation Zone is superseded by more restrictive height limitations or by a discretionary approval of the Planning Commission or the City Council,this section shall not be applied. E. Flag Poles. Flag poles shall be permitted in the 24/28 and the 28/32 Foot Height Limitation Zones not to exceed a height of 35 feet. Flagpoles shall be permitted in the 26/35 and the 32/50 Foot Height Limitation Zones not to exceed a height of 50 feet. All other flag poles in excess of the height limits noted above may be permitted subject to-the approval of the Planning Commission. F. Boat Cranes. Boat cranes used in conjunction with an approved marine-oriented use maybe permitted to exceed the basic height limit applicable to the district in which it o5awo5 Page 20.65-7 Height Limits . is located, up to a maximum operating height of 70 feet, subject to the approval of the Planning Commission. G. Churches. Church structures used for church purposes shall be exempt from the restrictions ofthis chapter,except that any such structure exceeding 35 feet in height shall require a use permit. H. Landmark Buildings. Any alteration or addition to a Landmark Building (see Section 20.62.065)shall be exempt from the restrictions ofthis chapter,provided any such structural alteration or addition that exceeds the height of the existing structure shall require a use permit and shall not exceed fifty-five(55)feet. The use permit may be approved only if the following findings are made: I. The portion of the structural alteration or addition that exceeds the height of the existing building does not significantly impact public views. 2. The portion of the structural alteration or addition that exceeds the height of the existing building will not be used in a manner that increases the intensity of the use of the Landmark Building or the project site. 3. The height of the Landmark Building approved by the use permit will not, under the circumstances of the particular case,be detrimental to the health, M safety,peace,comfort and general welfare of persons residing or working in the neighborhood of the Landmark Building. 20.65.080 Airport height Limits Any project which requires a notice of construction or alteration by the Federal Aviation Admin- istration Regulations Part 77 shall require FAA compliance,and the applicant shall submit a copy of the FAA application to the Airport Land Use Commission(ALUC)and provide the City with FAA and ALUC responses. If the ALUC requests review of the project, then the project shall be submitted to the commission by the City. Commission determination shall be referred to the City within 60 calendar days from the date of referral of the application to the ALUC, and shall be considered before the City takes any action on the project. If the Commission fails to refer the determination within that period,the proposed project shall be deemed consistent with the Airport Environs Land Use Plan(AELUP). 05/26/05 Page 20,65-8 Height Limits MAP osncros Page 20.65-7 Height Limits • F. Boat Cranes. Boat cranes used in conjunction with an approved marine-oriented use may be permitted to exceed the basic height limit applicable to the district in which it is located,up to a maximum operating height of 70 feet,subject to the approval of the Planning Commission. G. Churches. Church structures used for church purposes shall be exempt from the restrictions of this chapter,except that any such structure exceeding 35 feet in height shall require a use permit. H. Landmark Buildings. Any alteration or addition to a Landmark Building(see Section 20.62.065) shall be exempt from the restrictions of this chapter,provided any such structural alteration or addition that exceeds the height of the existing structure shall require a use permit and shall not exceed fifty-five(55)feet. The use permit may be approved only if the following findings are made: 1. The portion of the structural alteration or addition that exceeds the height of the existing building does not significantly impact public views. 2. The portion of the structural alteration or addition that exceeds the height of the existing building will not be used in a manner that increases the intensity of the use of the Landmark Building or the project site. • 3. The height of the Landmark Building approved by the use permit 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 the Landmark Building. 20.65.080 Airport Height Limits Any project which requires a notice of construction or alteration by the Federal Aviation Admin- istration Regulations Part 77 shall require FAA compliance,and the applicant shall submit a copy of the FAA application to the Airport Land Use Commission(ALUC)and provide the City with FAA and ALUC responses. If the ALUC requests review of the project, then the project shall be submitted to the commission by the City. Commission determination shall be referred to the City within 60 calendar days from the date of referral of the application to the ALUC, and shall be considered before the City takes any action on the project. If the Commission fails to refer the determination within that period,the proposed project shall be deemed consistent with the Airport Environs Land Use Plan(AELUP). 0728/04 � ^ LEGEND !Highrise 375 Feet 32150 Feet ®26/35 Feet Note: All R-1, R-1.5, R-2 Districts: 24/28 Feet MFR District: 28/32 Feet t - -••-.x• r f a:� , ' +Shoreline Height Limitation Zone Boundary 4� City Boundary if 1p1t,�,�✓ /fir rjt, City of Newport Beach Height Limitation Zones °' \ NOM 0 3,000 6400 !2.000 Feet �. . �,•�%� J11IO02 iAJ'l'!^ 1�`J�j'•\ '•e`\`.:��,':i::}'': \F\ ;J_ t ! ' I\\ F I i!,7 y < 1 INN I y� :i. tr 11 3 !L1 C\\��"_,`.`�)^p c% 'w�j•,,` !.•. i., ''s/!`Y ' F..... ........... / ! ,I it II `�'�1J /:'��'��'•`_./:�`. � \Y �� \/ (.. ( :'t � S L �.=[[ �� `\\ �''"7I{ _- � c-'� ��a�)l� //, \` Tom.` +. \' J � ��\� ��a� �j:'� "�^fir• . �'�:,5`l � `el '� \ / r%v'l ��! n=ecm � I—__U� �.5'/'+\i \� ;•r•{�: `\• �Pt��,1/a'"•`C��\��•, t'i'l,�' ,'1�1 \ / \��n\� ,� /j�� !��\ �•ti.. �l\ ��r'`" %?-"J`-rl it �/ �'�2"� !I v `V 6 i �/ �•r � �^r�;., / a��!� �.�s� / ,/ l!�)J[,�7� y 11 I r, . \ "\ 1`\\ \\\�� jj �� Ui�/�f'�J?f•/`�`�.3,/��a�`k �.\\\v� ;_�.l i'i .t - I v� `\. a M&W .• � \ �� sue\ ��.%��"��- �. City of Newport Beach' Height Limitation Zones (, vc - �.' '•V C'ti',i!-L�7v ` "�f-y'( 1�f- - ' %;J�•'; 5 I r!-,�r-'; )) I, ,r t, ': /'c%�.t�,� LEGEND M Highrise 375 Feet M 32/50 Feet - r M 26/35 Feet Note: All R-1, R-1.5, R-2 Districts: 24/28 Feet s ,..J MFR District: 28/32 Feet NORTH •� � , '+Shoreline Height Limitation Zone Boundary o 1.375 2,450 ssoo FBB( �• a. City Boundary ``'DECEMBE{22002 P./ap/a/anted/Maps/ArtMeP/PWNng/aM1Pyw'ne_M1agM1 amd Page 20.66-I Off-Street Parking and Loading Regulations • CHAPTER 20.66 OFF-STREET PARKING AND LOADING REGULATIONS Sections: 20.66.010 Purpose 20.66.020 Basic Requirements for Off-Street Parking and Loading 20.66.030 Off-Street Parking and Loading Spaces Required 20.66.040 Parking Standards for Residential Districts 20.66.050 Parking Standards for Commercial and Industrial Districts 20.66.060 Parking Requirement for Office Buildings Based on Size of Parking Pool 20.66.070 Parking Requirement for Eating and Drinking Establishments and Cabarets and Nightclubs 20.66.080 Off-Street Parking on a Separate Lot 20.66.090 Parking Requirement for Shopping Centers 20.66.100 Modification or Waiver of Off-Street Parking Requirements 20.66.110 Parking Management Districts • 20.66.010 Purpose The specific purposes of the off-street parking and loading regulations are to: A. Ensure that off-street parking and loading facilities are provided for new land uses and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each use. B. Establish parking standards for uses consistent with need and with feasibility of providing parking on specific sites. C. Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts. 20.66.020 Basic Requirements for Off-Street Parking and Loading A. When Required, At the time of initial occupancy of a site,construction of a structure � p Y or alteration or enlargement of a site or structure. B. Nonconforming Parking or Loading. Land uses and structures which are non- conforming due solely to the lack of off-street parking or loading facilities required 3/24roe Page 20.66-2 Off-Street Parking and Loading Regulations by this chapter, shall be subject to the provisions of Section 20.62.060: Nonconforming Parking. C. Calculation of Spaces Required. 1. Fractional parking space requirements shall be rounded up to the next whole space. 2. Fractional loading berth requirements shall be rounded down to the next whole space,and no berth shall be required for a fraction less than one. 3. Where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. 4. References to spaces per square foot are to be calculated on the basis of gross floor area unless otherwise specified. 5. References to spaces per employee are to be calculated on the basis of peak employment. 6. "Net Public Area" shall be defined as the total area of Eating and Drinking Establishment or Cabarets and Nightclubs, excluding kitchens, restrooms, . offices pertaining to the use only, and storage areas. 7. References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the City of Newport Beach Fire Department. D. Spaces Required for Multiple Uses. If more than one use is located on a site,the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use. 20.66.030 Off-Street Parking and Loading Spaces Required Off-street parking and loading spaces shall be provided in accord with the following schedule. Where the use is undetermined,the Planning Director shall determine the probable use and number of parking and loading spaces required. In order to make this determination,the Planning Director may require the submission of survey data from the applicant or collected at the applicant's expense. 3/24N5 Page 20.66-3 Off-Street Parking 16 and Loading Regulations Off-Street Parking and Loading Spaces Required Use Classification Off-Street Parking Spaces Off-Street Loading Spaces RESIDENTIAL GROUP RESIDENTIAL 1 covered per 2 guest rooms. RESIDENTIAL CARE,LIMITED i per 3 beds. SINGLE FAMILY RESIDENTIAL R-1.5 District:2 enclosed per --- unit. All other districts: 2 per unit, including 1 covered. -ACCESSORY DWELLING UNITS I per unit;a minimum of 2 --- covered per site. TWO-FAMILY RESIDENTIAL R-1.5 District:2 per unit with a --- minimum of 2 enclosed per site. All other districts: 2 per unit, including I covered. MULTI-FAMILY RESIDENTIAL 2 per unit,including 1 covered, -- plus I for guest parking for 3 units;2 per unit,including I covered,plus 0.5 per unit for guest parking,for 4 or more units RESIDENTIAL STRUCTURES OTHER THAN 3 spaces for any structure DWELLING UNITS containing 2,000 sq.ft. or more, exclusive of areas devoted to parking and open space. PUBLICAND SEMI-PUBLIC AIRPORTS As specified by use permit. --- CEMETERIES As specified by use permit. --- CLUES&LODGES I per 3 seats or I per 35 sq.ft. --- used for assembly purposes. 04/07/06 Page20.66.4 Off-Street Parking and Loading Regulations Oft-Street Parking and Loading Spaces Required Use Classifieation Oft-Street Parking Spaces Oft Street Loading Spaces CULTURAL INSTITUTIONS I per 300 sq.ft. DAY CARE,GENERAL I per 7 children;maximum enrollment based on maximum occupancyload. GOVERNMENT OFFICES 1 per 300 sq.ft. --- HELIPORTS As specified by use permit. -- HOSPITALS I per bed;plus I pet resident -- doctor and 1 per employee. MAINTENANCE&SERVICE FACILITIES 1 per 500 sq.ft. — MARINAS 0.8 per berth. --- PARK&RECREATION FACILITIES As specified by use permit. --- PUBLIC SAFETY FACILITIES As specified by use permit. --- RELIGIOUS ASSEMBLY I per 3 seats or I per 35 sq.ft. — used for assembly purposes. RESIDENTIAL CARE,GENERAL I per 3 beds. --- SCHOOLS(PUBLIC &PRIVATE) As specified by use permit. --- UTILITIES(MAJOR) As specified by use permit. --- COMMERCIAL USES ADULT ORIENTED BUSINESSES 1 per 1.5 occupants. -- AMBULANCE SERVICES I per 500 sq.ft.;plus 2 storage spaces. ANIMAL SALES AND SERVICES -ANIMAL BOARDING 1 per 400 sq.ft. -ANIMAL GROOMING 1 per 400 sq,ft. -- -ANIMAL HOSPITALS I per 400 sq.ft. --- -ANIMAL RETAIL SALES I per 250 sq.ft. 1 per 10,000 sq,ft. 04/07/06 Page 20.66-5 Off-Street Parking and Loading Regulations • Off-Street Parking and Loading Spaces Required Use Classification Off-Street Parking Spaces Off-Street Loading Spaces ARTISTS'STUDIOS 1 per 1,000 sq.ft. --- BANKS/SAVINGS&LOANS I per 250 sq.ft. -- -WITH DRIVE-UP/DRIVE THROUGH SERVICE Queue space for 5 cars per teller. — BUILDING MATERIALS AND SERVICES 1 per 1,000 sq.ft.of lot area. 1 per 10,000 sq.ft. CATERING SERVICES I per 400 sq.ft. --- COMMERCIAL RECREATION&ENTERTAINMENT - -BOWLING ALLEYS 3 per alley;plus 1 per 250 sq.ft. --- of public assembly and retail areas. -ELECTRONIC GAME CENTERS 1 per 400 sq.ft. - -MOTION PICTURE THEATERS I per 3 seats. -- -SKATING RINKS 1 per 5 fixed seats or 1 per 35 --- sq.ft.of seating area if there are no fixed seats;plus 1 per 250 sq. ft.of floor area not used for seating. -TENNIS AND RACQUETBALL CLUBS 4 per court. - -CABARETS AND NIGHTCLUBS As specified by use permit(See -- Section 20.66.070. -OTHER COMMERCIAL RECREATION USES As specified by the Planning Director. COMMUNICATION FACILITIES I per 500 sq.ft. --- EATING&DRINKING ESTABLISHMENTS -FULL-SERVICE,LOW TURNOVER As specified by use permit(See --- Section 20.66.070). -FULL-SERVICE,HIGH TURNOVER As specified by use permit(See — Section 20.66.070). -FULL SERVICE,SMALL-SCALE 1 per each 3 seats or I per each 75 sq.ft.of net public area(See Section 20.66.070). • -WITH LIVE ENTERTAINMENT As specified by use permit(See --- snaios Page 20.66-6 Off-Street Parking and Loading Regulations Off-Street Parking and Loading Spaces Required Use Classification Off-Street Parking Spaces Oft Street Loading Spaces Section 20.66.070). -TAKE-OUT SERVICE I per 50 sq.ft.;plus 1 for each employee on duty(See Section 20.66.070). -LIMITED I per 250 sq.ft.. -ACCESSORY I per each 3 seats or 1 per each 75 sq.it.of net public area. -BARS&COCKTAIL LOUNGES As specified by use permit(See — Section 20,66,070). FOOD&BEVERAGE SALES 1 per 200 sq.ft. 1 per 10,000 sq.ft. FUNERAL&INTERNMENT SERVICES 1 per 35 sq.ft.of seating area. — HORTICULTURE,LIMITED 1 per 2 acres. --- LABORATORIES I per 500 sq.ft. •-- MAINTENANCE&REPAIR SERVICES 1 per 500 sq.ft. --- • MARINE SALES&SERVICES — -BOAT CHARTER -- -CHARTER VESSELS 1 per each 3 occupants, -- including crew members -SPORT FISHING VESSELS I per each 2 occupants, ••- including crew members -BOAT RENTAL&SALES 1 per 1,000 sq.ft.of lot area -•- -BOAT RENTAL&SALES OFFICE 1 per 350 sq.ft. - -BOAT YARDS As specified by use permit. --- -COMMERCIAL DOCKING FACILITIES 0.75 per slip or 0.75 per 25 feet of mooring space. -DRY BOAT STORAGE 0.33 per storage space -DRYDOCKS 2 per dry dock - -RETAIL MARINE SALES 1 per 250 sq.ft. 1 per 10,000 sq.ft. U24105 • Page 20.66-7 Off-Street Parking and Loading Regulations • Off-Street Parking and Loading Spaces Required Use Classification Off-Street Parking Spaces Off-Street Loading Spaces NURSERIES I per 1,000 sq. ft.of lot area for --- first 10,000 sq.ft.; 1 per 5,000 sq.ft.thereafter,plus 1 per 250 sq.ft.floor area. OFFICES,BUSINESS&PROFESSIONAL Lper 250 sq.ft,of net floor --- area; see Section 20.66.060. OFFICES,MEDICAL&DENTAL I per 200 sq.ft.; see Section --- 20.66.060. -CLINICS 1 per 250 sq.ft.;plus I per --- doctor and 1 per employee. PAWN SHOPS 1 per 250 sq.ft. --- PERSONAL IMPROVEMENT SERVICES I per 250 sq.ft. --- -DANCE OR MUSIC STUDIO 1 per 600 sq.ft. -HEALTH/FITNESS CLUB As specified by use permit. --- PERSONAL SERVICES 1 per 250 sq.ft. -NAIL SALONS 1 per 80 sq.ft. --- SHOPPING CENTERS See Section 20.66.090. 1 per 10,000 sq.ft. RESEARCH&DEVELOPMENT SERVICES 1 per 400 sq.ft. --- RETAIL SALES NOT LISTED UNDER ANOTHER I per 250 sq.ft. USE CLASSIFICATION 1 per 10,000 sq.ft. VEHICLE/EQUIPMENT SALES AND SERVICES --- -AUTOMOBILE WASHING I per 200 sq.ft.of sales,office, --- or lounge area;plus queue for 5 cars per washing station. -SERVICE STATIONS 5 per service bay,a minimum of --- 4. -VEHICLE/EQUIPMENT REPAIR 1 per 300 sq.ft. -VEHICLE/EQUIPMENT RENTALS.&SALES 1 per 1,000 sq.ft.of lot area. --- -VEHICLE STORAGE I per 500 sq.ft. --- VISITOR ACCOMMODATIONS --- 324/05 Page 20.66-8 Off-Street Parking and Loading Regulations Off-Street Parking and Loading Spaces Required Use Classification Off-Street Parking Spaces Off-Street LoadingSpaces -BED&BREAKFAST INNS 1 per guest room;plus 2 spaces. - -HOTELS 1 per 2 guest rooms. - -MOTELS 1 per guest room. --- -SRO RESIDENTIAL HOTELS 0.2 per room. -- WAREHOUSING&STORAGE(LIMITED) I per 2,000 sq.ft. — INDUSTRIAL INDUSTRY,CUSTOM 1 per 1,000 sq.ft. — INDUSTRY,GENERAL 1 per 2,000 sq,ft.;a minimum of 1 per 10,000 sq.ft. 10 for each establishment. INDUSTRY,LIMITED 1 per 750 sq.ft. --- INDUSTRY,MARINE RELATED 1 per 750 sq.ft. • INDUSTRY,R&D 1 per 500 sq.ft. — STORAGE AND DISTRIBUTION I per 2,000 sq.ft.;a minimum of 1 per 10,000 sq.ft. 10 for each establishment. 20.66.040 Parking Standards for Residential Districts A. Parking Space Dimensions and Clearances i. Minimum Interior Dimensions. Required parking spaces shall have a minimum interior width of 8 feet,3 inches and a minimum interior depth of 18 feet. Exception:In R 1.5,R-2 and WR Districts,where tandem parking is provided,one of each set of two tandem spaces may have aminimum interior depth of 16 feet,provided this space is not Used to meet the requirements for covered parking. 3/14/05 Page 20.66-9 Off-Street Parking and Loading Regulations • 2. Increased Dimensions Near Obstructions. Each parking space adjoining a wall,column or other obstruction higher than 6 inches shall be increased by 6 inches on each obstructed side. 3. Minimum Vertical Clearances. The minimum unobstructed vertical clearance for parking spaces shall be 7 feet, except that for the front 4 feet, the minimum unobstructed vertical clearance may be 4 feet. 4. Access. Each parking space shall be 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 17'-6� Obstruction, >0'-61- high ___ I I I I�g' � I ; 0'-6" • I — Obstruction I I I W-6" high I I OI I I I I I � I I I J I I °''6 I I I I I�—g -a I I I I I I I I I I I I I I I I 6'"0" I I I I I I I I I I I I I I I I I L__ • registered, licensed motor vehicles, and for temporary obstructions which are U24(05 Page 20.66-10 Off-Street Parking and Loading Regulations incidental to the use of the property. Said temporary obstructions in the driveway • shall be permitted only for a period of 72 hours. B. General Controls. The following parking controls shall apply to the parking or storage ofmotor vehicles,recreational vehicles,watercraft,and trailers in residential districts: 1. For each dwelling unit there shall be at least 1 covered parking space. 2. Tandem parking up to a maximum of 2 cars in depth shall be permitted. 3. Parking in Required Yards. a. Front Yards. Parking or storage in required front yards shall be prohibited, except on driveways in front of garages that set back a minimum of 19 feet from the front property line. b. Side Yards. Parking or storage in required side yards(behind the rear line of the requited front yard) shall be permitted. c. Rear Yards. Parking or storage in required rear yards shall be permitted. d. Structural Encroachments. Structural encroachments in required yards • shall only be permitted as provided in Section 20.60.030. 5. Covered parking spaces located on the front one-half of a lot shall have side walls and an operating garage door for access of automobiles. 6. R-1.5 District. Enclosed parking shall be enclosed on all sides by walls or doors. 7. Parking or storage on the roof of a building in any residential district is prohibited. 8. Parking or storage is prohibited on vacant lots. 20.66.050 Parking Standards for Commercial and Industrial Districts A. Applicability. The requirements of this section and any off-street parking standards adopted by the City Council shall apply to all off-street parking facilities which are required by this chapter. 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 • 324N5 Page 20.66-11 Off-Street Parking and Loading Regulations 0 • devices deemed necessary to protect patrons, the traffic on adjoining streets and alleys,and property owners in the vicinity. B. Standards. 1. Boundary. Where the boundaries of parking facilities in commercial or industrial districts 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. 2. Plot Plan Required. a. A plotplan for any proposed parking facility shall be required. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this chapter and in the off-street • parking standards. b. For commercial districts, plot plan of the parking facility shall be submitted to the Traffic Engineer and the Building Director for review and approval. The Building Director shall retain a copy of the approved plan. The parking facility shall be developed and maintained in accordance with the approved plan. C. For industrial districts, a plot plan of any proposed parking facility shall be submitted to the Planning Director for approval. If the proposed parking lot or parking area as shown on the plot plan meet the requirements, the Planning 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 chapter, the Planning Director shall return the plan to the applicant,together with a written statement setting forth the deficiencies in the plan,within 10 calendar days after the submission of the plan to the Planning Director. The parking lot or parking area shall be developed and maintained in accordance with the plan as approved. 3. Enclosed Parking. The enclosure of commercial off-street parking may be permitted, subject to the following conditions: • 3/24/05 Page 20.66-12 Off-Street Parking and Loading Regulations a. That doors remain open during regular business hours. . b. That a sign be posted on the business frontage which advises patrons of the availability and location of parking spaces. C. That a sign be posted on the rear of the site which contains the following information: (1) Doors are to remain open daring business hours. (2) A number to call for Code Enforcement. (3) Municipal Code Section. d. That the location, size and color of the signs required by 2 and 3 above shall be approved by the Planning Director. 4. Exceptions. a. Where the size, shape, location, or topography of the proposed parking facility make compliance with the requirements of this section impractical and will result in hardship, the requirements of • this chapter and the off-street parking standards as are necessary to permit development of the parking facility may be waived so long as the waiver does not create an unsafe condition or a condition which is detrimental to surrounding property. b. For commercial districts,application for a waiver ofthe requirements of this section shall be made to the Zoning Administrator. C. For industrial districts,application for awaiver of therequirements of this section shall be made to the Planning Commission. 20.66.060 Parking Requirement for Office Buildings Based on Size of Parking Pool The parking requirement for office buildings, as specified in this chapter may be modified in accordance with the following schedule: A. For the first 125,000 sq.ft., I parking space sball be provided for each 250 sq.ft.of net floor area. B. For the next 300,000 sq.ft., I parking space shall be provided for each 300 sq.ft.of net floor area. srzaros Page 20.66-13 Off-Street Parking and Loading Regulations • C. For any additional floor area, I parking space shall be provided for each 350 sq.ft.of net floor area. D. 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. 20.66.070 Parking Requirement for Eating and Drinking Establishments and Cabarets and Nightclubs A. The Planning Commission shall establish the off-street parking requirement for Eating and Drinking Establishments(except for Full-Service,Small-Scale,Take-Out Service, Take-Out Service,Limited, and Accessory establishments), Cabarets, and Nightclubs within a range of one space for each 30 to 50 square feet of net public area based upon the following considerations: 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 determination of net public area. d. The parking lot design,including the use of small car spaces,tandem and valet parking and loading areas. 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. • 3t24/05 Page20.66-14 Off-Street Parking and Loading Regulations d. The hours of operation. . 3. The location of the establishment: 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 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. The off-street parking requirement for Take-out Service,or any Eating and Drinking Establishment with drive-through or drive-up service, shall be 1 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. C. The off-street parking requirement for Full Service,Small-Scale establishments not providing live entertainment shall be 1 parking space for each 3 seats or i space for each 75 square feet ofnet public area. For Full Service,Small-Scale establishments providing live entertainment, the Planning Director shall establish the off-street parking requirement within a range of one space for each 30 to 50 square feet of net public area using the considerations provided in Section 20.66.070 (A). 20.66.080 Off-Street Parking on a Separate Lot The Planning Commission shall not approve off-street parking on a separate lot from the site or sites unless: A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. B. Parking on such lot will not create undue traffic hazards in the surrounding area. C. Such lot and the site are in the same ownership, or the owners of the sites have a common ownership in such lot, and the owner or owners are entitled to the 3/24/05 Page 20.66-15 Off-Street Parking and Loading Regulations • 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 site or sites). D. The owner or owners and the City,upon the approval of the Planning Commission, 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 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. E. 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. 20.66.090 Parking Requirement for Shopping Centers A. An off-street parking space requirement of 1 space for each 200 square feet of gross floor area may be used for shopping centers meeting the following criteria: • 1. The gross floor area of the shopping center does not exceed 100,000 square feet. 2. The gross floor area of all eating and drinking establishments does not exceed 15 percent of the gross floor area of the shopping center. B. Tenants with a gross floor area of 10,000 square feet or more shall meet the parking space requirements of Section 20.66.030. C. The off-street parking requirement for shopping centers with gross floor areas in excess of 100,000 square feet or with eating and drinking establishments occupying more than 15 percent of the gross floor area, shall be equal to the sum of the requirements prescribed for each use in the shopping center, unless a parking management program is approved. 20.66.100 Modification or Waiver of Off-Street Parking Requirements A. Use Permit Required. A use permit may be approved by the Planning Commission to modify or waive the number of off-street parking spaces required by the terms of this chapter if one or more of the following conditions are met: • 3/24/05 Page 20.66-16 Off-Street Parking and Loading Regulations 1. A municipal parking facility is so located as to be useful in connection with • the proposed use or uses on the site or sites. 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66.100 (B). 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030. b. The probable long-term occupancy of the building or structure,based on its design,will not generate additional parking demand. B. Parking Management Programs. The Planning Commission may approve a parking management program to mitigate any impacts associated with a modification or waiver of the number of off-street parking spaces required by this chapter. The parking management plan may include,but is not limited to,the following parking management mechanisms: • 1. Restricting land uses to those which have hours or days of operation so that same parking spaces can be used two or more uses without conflict. 2. Restricting or prohibiting land uses with high parking demand characteristics. 3. Restrictions on the number or location of employee parking spaces. 4. Securing off-site parking pursuant to Section 20,66.080. 5. Providing parking attendants and valet parking. 6. Parking area design, including the use of tandem parking and variations on the dimensions normally required by this chapter or policy. C. Required Data. In reaching a decision, the Planning Commission shall consider survey data submitted by the applicant or collected at the applicant=s expense. U24105 • Page 20.66-17 Off-Street Parking and Loading Regulations • 20.66.110 Parking Management Districts Properties within a parking management district,established through the PM Overlay District,may be exempted from all or part of the off-street parking requirements of this chapter pursuant to the provisions of the adopted parking management district plan. • • snaros Page 20.67-1 Signs • CHAPTER 20.67 SIGNS Sections: 20.67.010 Effect of Chapter 20.67.015 Purpose 20.67.020 Definitions 20.67.025 General Provisions 20.67.030 Permanent Signs 20.67.035 Temporary Signs 20.67.040 Procedures for Sign Approval 20.67.045 Exception Permits 20.67.050 Modifications 20.67.055 Nonconforming Signs 20.67.010 Effect of Chapter A. General. The following regulations shall apply to all zoning districts. 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,modification permit,or site plan review procedure has been used,any applicable conditions of that approval shall supersede this chapter. B. Applicability. 1. PC Districts. In Planned Community Districts, any sign regulations contained in the planned community development plan shall supersede this chapter. Exception. Service station signs in Planned-Community Districts shall be subject to the provisions of Section 20.67.030 (D), unless more restrictive sign regulations are contained in the planned community development plan. Balboa Peninsula. All signs in commercial districts on the Balboa Peninsula, as shown on the Balboa Sign Overlay Map incorporated herein,and as shown on Districting Maps No.2,3,4,8,9, 10, 11,and 12,as referred to in Section 20.00.050, shall be subject to the regulations contained in the Balboa Sign Overlay adopted by Ordinance 2000-22 on November 14,2000. • 11J23l04 Page 20.67-2 Signs 20.67.015 Purpose This chapter provides minimum standards to safeguard life,health,property and the public welfare, and to provide the means for adequate identification and advertisement of businesses by regulafmg and controlling the design, location, and maintenance of all signs and sign structures in the City. 20.67.020 Definitions For purposes of this chapter,the following definitions shall apply: A. Animated Sign. Any sign that uses movement,lighting,or special materials to depict action or create a special effect or scene. This classification includes wind-actuated elements such as flags, banners, pennants, streamers, whirligigs, or other similar devices. B. Building Marker. A sign indicating the name of a building and date and incidental information about its construction,which is cut into a masonry surface or made of bronze or other permanent material. C. Changeable Copy Sign. A sign with changeable copy, regardless of method of attachment or materials of construction. This classification includes time and temperature displays,bulletin boards, and changeable copy signs on marquees. • D. Combination Sign. 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. E. Construction Project Sign. A sign identifying the architect, engineer, designer, contractor, developer, lending institution, or future occupant of a construction project. F. Directory Sign, A sign listing the tenants or occupants of a building or building complex. G. Display Surface. The area made available by the sign structure for the purpose of displaying the advertising message. H. Double-Faced Sign. A sign designed with the intent ofproviding copy on both sides. I. Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station. I Ground Sign. See Pole Sign. 1vz31oa I` Page 20.67-3 Signs • K. Illuminated Sign. A sign with an artificial light source forthe purpose of decorating, outlining,accentuating,or brightening the sign area. I. Externally Illuminated Sign. A sign illuminated from an exterior light source. 2. Internally Illuminated Sign. A sign illuminated from an interior light source contained within the sign cabinet. 3. Luminous Tube Signs. Any sign which consists of or is illuminated by exposed electrically-charged gas-filled tubing,such as neon and argon signs, or by fiber optics. L. Inflated Display Sign. Any three-dimensional air- or gas-filled object located, attached,or tethered to the ground,site,merchandise,structure,or roof and used to attract attention or as a sign as defined herein. M. Logo.A sign consisting of a trademark or symbol used to identify a business. N. Monument Sign. A sign which is supported by a base not exceeding 25 percent of the sign area and which extends the entire length of the sign area and is an integral part of the design. • O. Mural. See Super Graphic. P. Nonstructural Trim. The molding,battens,caps,nailing strips,latticing,cutouts or letters and walkways which are attached to the sign structure. Q. Off-Site Sign. A sign advertising the business, accommodations, services or activities not provided on the premises on which the sign is located. This classification includes billboards. R. On-Site Sign. A sign advertising the business, accommodations, services or activities provided on the premises on which the sign is located. S. Open House Sign. 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. T. Permanent Sign: Any sign designed and intended to be used in excess of 90 days. U. Pole Sign. Any 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 . I2Y13/04 Page 20.67.4 Signs exterior walls of any building and are separated therefrom by a distance of at least 6 inches. V. Political Sign. A sign which is designed to influence the action of the voters regarding candidates or measures of any national, state,or local election. W. Projecting Sign. A sign,other than a wall sign,which projects from and is supported by a wall of a building or a structure. X. Projection. The distance by which a sign extends over public property or beyond the setback line. Y. Real Estate Sign. A sign advertising real property for sale,exchange,lease or rent. Z. Residential Name oridentification Sign. A sign identifying the name or address ofa residence and/or its occupants. AA. Rider. A small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign. BB. RoofSign. A sign erected upon or above a roof or a building or structure. CC. Sign. Any device,figure,fixture,placard,or structure that uses any color, form, graphic,illumination,gesture,symbol,orwritingto advertise,announce the purpose of,or identify the purpose of a person or entity,or to communicate information of any kind to the public. DD. Sign Structure. The sign,and the supports, uprights,braces,and framework of the sign. EE. Super Graphic:A large image or design painted or affixed to the exterior surface ofa structure. FF. Temporary Sign. 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 period not exceeding 90 days. GG. Wall Sign. Any sign attached to, erected against or painted upon the wall of a building or structure,the face ofwhich!sin a single plane parallel to the plane of the wall. HH. Window Sign. Any sign that is applied or attached to it window or located within 3 feet of the inside of a window in such a manner that it can be seen from the exterior of the structure. 1vzaroa • Page 20.67-5 Signs • 20.67.025 General Provisions A. Sign Permit Required. A sign permit shall be required for all signs permitted under the provisions of this article pursuant to Section 20.67.040. B. Sign Area Computation. The entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention shall be used to calculate sign area. In the case of pole signs,that area above the supporting column, provided such supporting column is not decorated or displayed with advertising. In the case of"skeleton"or"cut-out"letters or signs placed on a wall without any borders,the sign area shall be the sum of the area of all letters,words,or symbols which can be contained in straight lines drawn around all such letters, words, or symbols. Only one face of a double face-faced sign shall be counted in computing the permitted area of the sign. If the sign is multi-faced,than each face shall be counted in computing the permitted area of the sign. C. On-Site Signs. Signs shall only identify uses being conducted on the premises where the use is being conducted except as otherwise provided for herein. D. Off-Site Signs. Off-site signs, including billboards,may be allowed in commercial and industrial districts through the approval of a modification permit. • E. Uncertainty of Code Provisions. The Planning Commission shall have the authority and duty to interpret the provisions of this chapter at the request of the Planning Director or when a written appeal from a decision of the Planning Director is filed with the Planning Commission. F. 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. G. Proper Maintenance Required. All signs,together with all oftheir supports,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 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 90 day period,the 123/04 • Page 20.67.6 Signs 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 90 days following notification by the City. H. Frontage. Buildings and sites with multiple frontages shall be permitted signs on each frontage. I. Design Criteria. The following criteria are applicable to all signs: I. 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. Beams ofLight. No person not authorized shall erector maintain any device which directs a beam of light in a flushing sequence toward any street or highway, nor shall any person erect or maintain any illuminated sign or similar device that interferes with the visibility of any official traffic control device or warning signal. 3. Illuminated Signs.Unless otherwise prohibited by this chapter,signs may be illuminated provided such illumination does not interfere with the use and enjoyment of adjacent properties or create any public safety hazards. Exterior light sources shall be shielded from view and directed away from adjacent properties. The Planning Director may order the dimming of any illumination found to be excessively bright, based on the following guidelines: JvWroa • Page 20.67-7 Signs Recommended Sign Luminances Range of Sign Luminance Ambient Light Environment Candelas/square foot LOW Areas with no or little exterior lighting,other than 10 to 45 street lighting. Such areas include most residential areas,Newport Bay and the Pacific Ocean. 45 to 70 MEDIUM Areas where signs are relatively isolated or areas adjacent to"Low"ambient light areas. 70 to 100 HIGH Central business districts,highly lighted streets or panting areas. 100 to 140 VERY HIGH High rise signs and signs in areas of high sign competition. 4. Murals and Super Graphics.A mural or super graphic is a sign only if it is related by language,logo,or imagery to the advertisement of any product or service or the identification of any business. . 5. Types Prohibited. The following types of signs are prohibited: a. Animated signs. b. Inflated Display Signs. C. Any other outdoor sign not expressly permitted in this chapter. Exceptions. Such signs may be permitted if an exception permit is obtained in each case in accordance with the procedure provided in this chapter; or through the approval of a use permit under the provisions of Chapter 20.91; or through the approval of a special event permit under the provisions of Chapter 5.10 of the Municipal Code. 6. Posting on Public Properly 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 adver- tisement 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. • tvz3roa Page 20.67.8 Signs 7. 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. 8. Vehicle Signs. Signs attached to or placed on vehicles or trailers and which are visible from a public right-of-way,shall be prohibited. Exceptions. The following signs are not subject to the provisions of this subsection: a. Signs painted on or otherwise permanently attached to a vehicle in such a manner that the vehicle can be legally operated on public rights-of-way. b. Signs temporarily attached to or placed on a vehicle,provided the vehicle is regularly and customarily used to transport persons orproperty for the business with the signs attached or placed in such a manner that the vehicle can be legally operated on public rights-of-way. C. Temporary permitted under Section 20.67.035. 9. Changeable Copy Signs. A changeable copy sign shall be permitted provided the sign consists of or is a component of a sign permitted under the . provisions of this chapter. Any changeable copy sign that uses a video display,flip-disks,incandescent lamps,fluorescent lamps,fiber optics,light- emitting diodes, liquid crystal displays, plasma-displays, field emission displays, or any other mechanical or light-emitting matrix to convey changing copy or images shall be considered an animated sign and subject to the provisions of Section 20,67.025 (1-5). 20,67.030 Permanent Signs The following permanent signs are permitted: A. All Districts. All permanent signs exempted from sign permits pursuant to Section 20.67.040. B. Residential Districts. 1. In the R-1, R-1.5, R-2, and SP-4 (residential) Districts: One residential name or identification sign not exceeding 2 square feet in area. ivsaroa • Page 20.67-9 Signs • 2. In the WR: One residential name or identification sign not exceeding 12 square feet in area. C. Commercial and Industrial Districts. 1. Ground and Pole Signs. a. Frontages. Permitted only on building sites with a minimum 50 foot frontage. b. Number. I pole,roof,or projecting sign is permitted per site. One of these perpendicular signs can be used in combination with wall signs permitted under this section. C. Area. Not to exceed 200 square feet. d. Height. Not to exceed 25 feet to top of sign. 2. Roof Signs. Roof signs may be allowed through the approval of a modification permit only in instances where the location of a business precludes the effective use of a pole sign,ground sign or projecting sign. • a. Number. 1 pole,roof,or projecting sign is permitted per site. One of these perpendicular signs can be used in combination with wall signs permitted under this section. b. Area. To be determined by the Zoning Administrator,not to exceed 200 square feet. C. Height. No taller than building is tall, not to exceed 15 feet above main portion of roof. d. Projection. Subject to the same standards as projecting signs. 3. Wall Signs. a. Proiection and Height. No wall sign shall have a projection over public property greater than 24 inches,nor extend above any adjacent parapet or roof of the supporting building. • 12123/04 Page 20.67.10 Signs b. Area. (1) Single Tenant Buildings. The area of a wall sign or walls signs on any frontage of a building shall not exceed 200 square feet nor 40%ofthe exposed finished wall surface area, including openings. (2) Multi-Tenant Buildings. The area of a wall sign shall not exceed 1.5 square feet for each lineal foot of the tenant's building frontage,up to a maximum of 50 square feet. c. Number. (1) Single Tenant Buildings. A maximum of 3 wall signs shall be permitted per building. (2) Multi-Tenant Buildings. 1 wall sign per business. Exception: Tenants with more than 10,000 square feet of floor area in a multi-tenant building shall be permitted 2 additional wall signs. d. Directories. In addition to the wall-signs permitted under this section, multi-tenant buildings shall be permitted building directory wall sign listing tenants,not exceeding 25 square feet. 4. Proiecting Signs. a. Proiection. No sign shall project more than 5 feet over public property and may not projectto within 2 feet ofthe curb line. Subject to all limitations in this chapter,the distance any sign may project over public.property or beyond the setback line is governed by the following table: DiataneeAbove Sidewalk or L-AZ iV•iT 12'•14' 1LM Wanduo Grade Immediately Below Sign, Maximum Projection Over 1 2' 3' 4' 9 Property Line orBullding Lino I223IM Page 20.67-11 Signs b. Thickness or Proiection. The thickness of any portion of a sign which projects over public property or beyond a setback line is governed by the following table: Projection 4 4' 3' X Mmimumnicknm 2' 2W1 T-4" 4' C. Number. 1 pole,roof,or projecting sign is permitted per building or site. One of these perpendicular signs can be used in combination with wall signs permitted under this section. d. Area. 2 square feet for each lineal foot of building frontage, not to exceed 200 square feet. 5. Signs on Marquees. No projecting signs may be attached to a marquee. 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. 6. Pedestrian Signs. Signs placed perpendicular to the building face under an awning, canopy, shade, or marquee shall be permitted at each building entrance provided each sign does not exceed 6 square feet and the bottom of each sign shall be clear of the sidewalk by not less than 8 feet. • 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 6 square feet 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. 8. Other Signs. Signs appurtenant to any permitted use,subject to the approval of the Planning Director. D. Service Stations. The following additional regulations shall apply to service stations signs: 1. General. a. Signs shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. b. Instructional and warning signs and signs required by the state or federal government shall be exempt from the provisions of this section. 12/23/04 • Page 20,67-12 Signs 2. Monument Signs. a. Number. 1 per site. b. Area. Not to exceed'20 square feet;36 square feet when combined with a fuel price sign. C. ei ht. Not to exceed 4 feet. d. AdditionaIRegulations. Monument signs shall be completelylocated in a landscaped planter with a minimum area equal to the area ofthe sign. 3. Fuel Price Signs. a. Number. 1 per street frontage. b. A . 12 square feet per sign. C. ei t. Not to exceed 4 feet. d. Additional Regulations. (1) Separate fuel price signs shall only be permitted in lieu ofthe 36-square foot combined monument sign/fuel price sign permitted in this section. (2) Fuel price signs shall advertise the price and grade of fuel only and no other advertising shall be permitted unless in conjunction with a monument as provided in this section. (3) Fuel price signs shall be completely located in a landscaped planter with a minimum area equal to the area of the sign. 4. Wall Signs. a. Number. 1 per building frontage. b. Area. The area of a wall sign shall not exceed 1 square foot for each lineal foot of building frontage. C. Length The length of a wall sign maybe up to 50 percent of the building frontage,not to exceed 30 feet. tznaroa • Page 20.67-1 3 Signs • 5. Canopy Signs. a. Type. Signs on service station canopies shall be limited to logos. b. Number. 1 per building frontage. C. Area. The area of a canopy sign shall not exceed 6 square feet. d. Additional Regulations. Canopy signs shall not extent beyond the gable or fascia board of the canopy. 6. Service Island Signs. 1 sign,not exceeding 4 square feet,shall be permitted on or in front of each end of a service island to identify methods of sale(i.e., self-serve or full-serve). 7. Window Signs. a. Number. 1 per window. b. Area. No permanent window sign shall cover more than 20 percent of the visible window area. C. Materials. Permanent window signs shall be applied directly to the window surface. 8. Temporary Signs. a. Number. 1 per site,not including temporary window signs. b. Size. No temporary sign shall exceed 60 square feet in area. Temporary signs of rigid material shall not exceed 24 square feet in area, or 6 feet in height. Temporary window signs shall not cover more than 20 percent of the visible window area. d. Duration. Temporary signs may remain in place for a period not exceeding 30 days. 77J23/04 Page 20.67-14 Signs 20.67.035 Temporary Signs . The following temporary signs are permitted: A. Real Estate Sites. I. 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 R-A,R-1,11-1.5,R-2,MM and PRD Districts,as well as PC Districts that 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 (A)(1)(a)(1)(e)and(f)of this section; (i.) The sign shall not exceed two hundred sixteen (216) square inches (1.5 square feet); (ii.) The sign may have one rider not to exceed ninety-four(44)square inches; (iii.) The sign may include one brochure box not to exceed one hundred fifty- four(154)square inches.For purposes of this section, a brochure box means a plastic or metal container designed to hold brochures or flyers describing or advertising the real property for sale, lease, rent or exchange; (iv.) The overall height of the installed sign,rider and brochure box shall not exceed four feet above ground unless the sign is mounted flush to a wall; (b) The sign shall be placed on the parcel for sale, lease, rent or exchange and shall not be installed in a manner that creates a hazard for traffic or pedestrians; ivz3roa Page 20.67-15 Signs • (c) No flags, pennants, balloons, or other attention- attracting devices shall be displayed; (d) The sign shall be removed immediately after the sale, lease or rental of the property has been consummated; (e) In addition to the sign permitted above, one on-site open house sign may 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) and riders are not permitted; I The sign shall not be installed in medians or anywhere within the traveled 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 ifthere 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 ofthe sign shall not exceed four feet above ground unless the sign is installed on a vehicle as provided in subparagraph (A)(1)(a)(1)(e)(ii) of this section; or other conditions exist which require the sign to exceed four 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; (f) In addition to the open house sign permitted in subsection(A)(1)(a)(1)(e)of this section, three off-site open house signs are permitted when the owner or owner' s agent is on the premises and the . 1=3/04 Page20.67-16 Signs premises are open for inspection, subject • to the following: i. Each off-site open house sign shall not exceed two hundred sixteen (216) square inches (1.5 square feet) and riders are not permitted; li. The overall height shall not exceed four feet above ground; W. The sign shall not be installed before eight a.m. and must be removed no later than sunset; iv. The sign shall not be installed in medians or anywhere within the traveled way of any street or highway,nor installed in a manner that creates a hazard to traffic or pedestrians. The sign also may not be attached to any public property,as detailed in section 20,67.025.1.6& 1.7. b. All Residential 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 1 real estate sign not exceeding 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 inresidential districts,except for real estate signs authorized in Section 20.67.035 (A);personal property sale signs authorized in Section 20.60.120(F); and political signs authorized in Section 20.67,035(B-3). 2. Commercial and Industrial Districts. Temporary signs are permitted in commercial and industrial districts subject to the following restrictions: a. Size. Notemporary sign shall exceed 100 squarefeetin area. 120104 Page 20.67-17 Signs • Temporary signs ofrigid material shall not exceed 24 square feet in area, or 6 feet in height. b. Duration. Temporary signs shall remain in place for a period not exceeding-90 days per calendar year. C. Number. 1 per building or site. d. Exceptions. (1) Temporary signs displayed at service stations are governed by the provisions of Section 20.67.030(D). (2) Political signs authorized in Section 20.67.035(B-3). 3. Temporary Political Signs. Notwithstanding the provisions of this chapter, temporary political signs may be posted subject to the following restrictions: a. Political signs posted in residential districts shall not exceed 6 square feet in area. b. Political signs shall not be placed adjacent to a street, alley, . driveway, or sidewalk in a manner that creates a hazard to any person. C. Political signs may be posted no more than 90 days prior to any municipal,school district,special,or statewide election, and shall be removed no more than 10 days after the election. d. No person shall place or post any political or campaign sign on any public sidewalk,street,property,or right-of-way over which the City has jurisdiction. 20.67.040 Procedures for Sign Approval A. Sign Permit. A sign permit shall be required for all signs permitted under the provisions of this article. B. Exemptions. 1. The following on-site,non-illuminated signs shall not require a sign permit: . 7?J23/04 Page 20.67-18 Signs a. Signs within a structure-or an enclosed area and not visible from the outside,surrounding property,or public right-of-way. b. Temporary real estate signs pursuant to the provisions of Section 20.67.035 (A). C. Bulletin boards not over 12 square feet in area for public,charitable, or religious institutions when the same are located on the premises of the institutions. d. Construction project signs not exceeding 12 feet. e. Building Markers. f. Signs of public service companies indicating danger, and aids to service or safety. g. Replacing the copy in changeable copy signs. h. Painted window signs. i. Political signs. j. Official flags of the United States, states, counties, municipalities, and foreign nations and flags of corporations and private organizations. k. Official advisory and signal flags. 2. Painting,repainting,or cleaning of a sign shall not be considered an erection or alteration which requires a sign permit unless structural changes are made. C. Approving Authority, The Building Director is authorized to issue all sign permits which comply with the provisions of this chapter. 20.67.045 Exceptions Permits A. Approving Authority. Planning Commission shall have the authority to issue exception permits, under the procedure hereinafter provided, allowing deviations from any ofthe provisions ofthis chapter which apply to the prohibition offlashing or animated signs and any other outdoor sign not expressly permitted in this chapter. Exceptions shall not be granted for any ofthe following provisions of this chapter. 1. The limitation on the distance a sign may project over public property. 12M/04 L.� i V Page 20.67-19 Signs • 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. 3. The prohibition against any device which directs a beam of light in a flashing sequence toward a street or highway or any illuminated sign or device that interferes with the visibility of any official traffic control device or warning signal. B. Required Findings. 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. C. Appeal. Actions of the Planning Commission may be appealed the City Council under the provisions of Chapter 20.95. 20.67.050 Modifications • The Zoning Administrator may grant a modification permit to the height,number and area of signs not requiring an exception permit, or limited by Planned Community District regulations and to approve roof signs and off-site signs. 20.67.055 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 noncon- forming signs. B. Repairing and Painting. Such signs maybe 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 ifthe same is replaced within 60 days of its removal. C. Change of Ownership. Upon change of ownership ofthe 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. 1?!23/04 Page 20.67-20 Signs D. Remodeling. Any such sign may be removed for the purpose of remodeling a , building and replaced within 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. '. ;_ • r'. .ice 4._ :f%. _ %' � f - I " js_ b YNY' �I II III 111I `f , Yv _ Y S�I N a S � b r.x BALBOA SIGN OVERLAY PART V: SPECIAL USE REGULATIONS Chapters: 20.80 Automobile Service Stations 20.81 Oil Wells 20.82 Eating and Drinking Establishments 20.83 Residential Condominium Projects 20.84 Time Share Developments 20.85 Accessory Dwelling Units 20.86 Low and Moderate Income Housing Within the Coastal Zone 20.87 Massage Establishments 20.88 Adult-Oriented Businesses 20.89 Alcoholic Beverage Outlets • PART V: SPECIAL USE REGULATIONS Chapters: 20.80 Automobile Service Stations 20.81 Oil Wells 20.82 Eating and Drinking Establishments 20.83 Residential Condominium Projects 20.84 Time Share Developments 20.85 Accessory Dwelling Units 20.86 Low and Moderate Income Housing Within the Coastal Zone 20.87 Massage Establishments • 20.88 Adult-Oriented Businesses 20.89 Alcoholic Beverage Outlets City of Newport Beach Design Guidelines ADOPTED BY RESOLUTION NUMBER 9937 MAY 24,1999 City of Newport Beach Design Guidelines Table of Contents I. Introduction and Purpose II. Design Guidelines A. General 1. Site Relationships 2. Landscape Design 3. Off-Street Parking Design B. Residential C. Commercial D. Signs E. Additional Design Guidelines for Special Development Types 1. Automobile Service Stations and Washing F. Additional Design Guidelines for Special Districts and Sites I. Introduction and Purpose The Design Guidelines are intended to provide design criteria for architects, engineers, builders, developers and landscape architects during-the planning and conceptual development stages of their projects. These guidelines also provide a basis for those individuals or bodies having discretionary authority to review and evaluate the design of these projects. These guidelines are not intended to restrict creativity, variety, innovation or imagination, but rather to assist the designer in achieving a quality design which will enhance the proposed development and the City, and be compatible with adjacent development and land uses. These guidelines are not regulatory, but rather advisory on the part of the City's approval authority. They shall be used to evaluate a projecfs consistency with City policies, particularly those relating to visual quality, community character, and the protection of adjacent development and land uses. Furthermore, should any conflict exist between these guidelines and codified development regulations, the development regulations shall prevail. I Additional Design Guidelines for Special Development Types Automobile Service Stations and Washing ®® See Chapter 20.80 of the City of Newport Beach Zoning Code for land use and property development One driveway appro regulations. In addition to the design guidelines �� 1 per frontage contained herein, the service station design shall be F�' o consistent with any design criteria or guidelines adopted by the City Council for the commercial district within which the service station is located, if any. Site Design Building placem- ❑ The site design for projects located at monument sign, street corners should provide some ------- landscaping anc structural or strong design element to comer anchor the corner. This can be Place driveways as far from intersections as possibl accomplished using a built element orwith RECOMMENDED strong landscaping features. ❑ In areas developed with a strong street presence, service stations should be ; oriented adjacent to the sidewalk, placing Structure setb any service bay door and car wash a%May from streetl = openings on the rear of the structure - - facing away from public streets. Bay door ``I and car wash openings should also be oriented away from any adjacent noise sensitive uses. 1 Driveway apprc close to interse Multiple driveway41 ashes-NOT RECOMMENDED i Site Design (Continued) u Where possible, construct smaller, separate service islands/canopies, rather than a single — M large one. ❑ Service bay doors and car wash openings should be oriented so as to reduce visibility from public streets. The site design should also address potential visual and noise impacts to adjacent land uses. Architectural Design to help ing and 1 nirg all Omnigsed ♦ Site specific architectural design is strongly encouraged. to�b��wage apeaing� P 9 9 Y 9 Cm wadi,66,..W in redute Rather than adapting a standard design to the site, the City mtidily Gam PA, heeh strongly encourages floor plans and elevations that are unique to the community and are not a corporate or franchise design that is indistinguishable from those found elsewhere in the _ region. -,NHS > uv, ♦ Building architecture should be designed to provide an attractive appearance that is compatible with and Ya �� complimentary to the surrounding area. All architectural details should be related to an overall architectural theme. A.,and wuhr dipmin,6 umd in ,6ad6a in<Wrhng deugn dank, III ❑ All buildings and structures on the site should have consistent materials and architectural and design elements to provide a cohesive project site. Conflicting materials and architectural and design elements within the site or on a building are strongly discouraged. ❑ Service stations should incorporate facade material to produce texture and to provide interest. Such materials include, but are not limited to, split face block, brick, slumpstone, granite, marble, clapboard,textured block or stucco. Reflective, glossy, and fluorescent surfaces are discouraged. ❑ Structures, including service island canopies,should incorporate full roof treatments with a lowto moderate pitch and/or a varied parapet height. Variations in roof lines and heights should be provided where feasible. Flat roofs should be avoided unless it is a characteristic of a specific architectural style. ❑ Clay tile,concrete tile,wood shake,wood shingles, slate or a similar grade of roofing material should be used on all visible pitched roofs. Metal roofs should be avoided unless it is a characteristic of a specific architectural style. ❑ All service bays should be provided with roll-up (or similar)doors with all operating mechanisms located in the interior of the structure. Site and Architectural Design Details ❑ All accessory buildings and structures should incorporate materials and architectural and design elements consistent with the principal building. ❑ Exterior storage and trash should be sited to be least visible from public view. Screening should consist of masonry walls with solid wood or metal doors. Exterior storage and trash should provide a screening trellis cover when visible from above (including upper floors)from adjacent properties. ❑ Tall (10 feet or higher)tank vents should be completely screened or incorporated into the building architecture. IV ❑ Any roof top mechanical equipment should be screened from view. Site and Architectural Design Details Incorporate housing for Ueux opy fixtures infoi (Continued) temporary and minor signs campy ❑ Any structures used for housing air and water dispensers and similar fixed equipment should incorporate the architectural G Low tomoderrlepitdadroofs detail and design elements of i Loud slee or Hal roofs) the principal structure. ❑ Long expanses of wall surfaces should be architecturally z treated to prevent monotony. ❑ Extensive expanses of pavement should be avoided. The amount of unrelieved pavement area on the site use%Mial healareals Carry design elemetds over to break up expanses should be limited through the to accessorystruciures ofpanemenl use of landscaping, contrasting colors and banding or pathways of alternate paver material. ❑ Canopies should not be internally illuminated. Light fixtures should be recessed into the canopy and no glare should be visible from the fixture. ❑ Exterior lighting should be designed to avoid glare and direct light away from adjacent properties. ❑ Exterior lighting sources should be concealed so that it is not visible from adjacent properties. V • i Access and Circulation ❑ The on-site circulation pattern should include adequate driving space to maneuver vehicles around cars parked at the pumps. ❑ Fuel storage areas should be sited to insure that delivery trucks do not obstruct the public right-of-way during delivery. ❑ Driveway approaches should be limited to one per street for comer locations, or two per street for mid-block locations. ❑ Driveway approaches should be placed as far from intersections as possible. ❑ Driveway approaches on the same street should be placed a minimum of 25 feet apart. Landscaping ❑ All plant materials should be of sufficient size so that the landscaping has an attractive appearance at the time of installation and a mature appearance within three years of planting. ❑ Landscaping should be used to enhance architectural and design elements,break up large paving areas,buffer adjacent land uses and to screen undesirable features from public view. ❑ Where possible, landscape areas should provide a three tier system of grasses and groundcovers, shrubs, and trees. The use of landscaped berms and/or low screening walls adjacent to sidewalks is encouraged. UWA twAcoped harm \/ t Signs ❑ All freestanding signs should incorporate materials and architectural smis" and design elements consistent with the Raptor oil s ;a`iso, overall design of the project. oiR PIK, 111 50,.. burger ui„i 1d5 , ❑ Monument signs are the preferred type of freestanding sign. RECOMMENDED ❑ Backlit individually cut letter and internally illuminated channel letter wall signs are preferable to can wall signs. F Multiple uses on the same site are encouraged to share space on freestanding signs, rather than provide Raptor Oil individual signs. Fuel price signs should be incorporated into project❑s principal identification sign. ❑ The size and number of temporary and minor signs should be limited. Temporary and minor signs should be incorporated into the design of the principal building and the service islands. NOT RECOMMENDE Crime Prevention ❑ The site plan and floor plan should incorporate crime preventive design features. Such features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. ADOPTED BY RESOLUTION NUMBER 99J7 MAY 24,1999 Page 20.80-1 Service Stations CHAPTER 20.80 - - • SERVICE STATIONS Sections: 20.80.010 Purpose 20.80.020 Use Permit Required 20.80.030 Required Findings 20.80.040 Application Contents 20.80.050 Operational Regulations 20.80.060 Design and Development Regulations 20.80.070 Accessory Uses 20.80.010 Purpose In order to promote and preserve the public health, safety,convenience, general welfare and general prosperity,it is the intent of this chapter that 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. The specific purposes of this chapter are to: A. Establish locational and minimum land area requirements to insure that service stations have access to arterials and streets sufficiently improved to accommodate traffic generated from the site and that the site is of sufficient size to accommodate the service station and associated uses. B. Establish requirements for driveway approaches,vehicle access aisles, and off-street parking to insure safe and efficient internal circulation and to avoid impacts to the flow of traffic on adjacent arterials and streets. C. Establish requirements for site design, setback yards, landscaping, lighting, storage areas,utilities, and perimeter walls to enhance the appearance of the service station and to provide sufficient separation and buffering to protect adjacent residential and other land uses. D. Establish architectural and site design standards to provide an attractive appearance that is compatible with and complimentary to the community and surrounding land uses and development. E. Establish requirements to insure that areas and facilities provided for or visible to the • general public are maintained in a safe and clean manner. 06/23/99 Page 20.80-2 Service Stations F. Establish operational regulations to insure that service station activities and facilities are conducted in a manner so as to avoid impacts from noise,vibration,dust,odors, glare,electromagnetic interference, and hazardous materials on adjacent land uses. 20.80.020 Use Permit Required Unless otherwise prescribed in the individual chapters of this code, a use permit shall be required for any new service station and for any existing service station when one or more of the following events occur: A. An expansion of 10 percent or more in floor area within any 12 month period or the cumulative expansion of more than 50 percent of floor area existing at the time of the effective date of this chapter. B. Any change in the land area on which the service station is located, whether by purchase,lease,business combination or acquisition, or similar method. C. A renovation or any other development that would cost more than 50 percent of the value of the improvements on the parcel at the time of renovation, excluding land value. D. The introduction of any of the accessory uses permitted under Section 20.80.070,or introduction of alcoholic beverage sales (see Chapter 20.89: Alcoholic Beverage Outlets),or any similar change in the operational characteristics of the service station. 20.80.030 Required Findings In addition to the findings required for use permits by Chapter 20.91,the Planning Commission shall find that the project is consistent with the purposes of this chapter and that the proposed site plan and architecture are consistent with the City of Newport Beach Design Guidelines. 20.80.040 Application Contents In addition to the application requirements contained in Chapter 20.90: Application Filing and Fees, an application for a use permit for a service station 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, service islands,storage facilities,planting areas, exterior lighting standards, signs, walls, parking spaces, enclosed trash areas, curb cuts and driveway approaches. 1IN23f99 Page 20.80-3 Service Stations • 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. A materials board(specifications and samples of type, color and texture of proposed construction materials). F. A written design concept statement identifying the significant architectural and site plan features, the reasoning behind the architecture and site plan proposed, and an explanation of how and why the architectural and site plan features were incorporated into the project design. The statement shall describe how the proposed architecture and site plan are consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. G. Such other plans, drawings and information as the Planning Director reasonably may require. • 20.80.050 Operational Regulations The following operational regulations shall apply to service stations and accessory uses. A. Location of Activities. All activities and operations shall be conducted entirely within an enclosed structure, except for the following, which shall be permitted unless otherwise conditioned by the use permit: 1. Sale and dispensing of motor vehicle fuel. 2. Incidental,minor maintenance commonly conducted at service islands, such as dispensing of air and water,replacement of windshield wipers, fuses, and lamps, and replenishing motor vehicle fluids and lubricants. 3. Vending machines abutting a building or in a kiosk enclosed on three sides. 4. Vacuuming, hand drying and hand waxing of vehicles. B. Storage and Disolay Outdoor storage and display of merchandise, materials, or equipment shall be limited to the following: • 06/23/99 Page 20.804 Service Stations 1. Display racks for automotive merchandise no more than 4 feet wide located at each service island. 2. Display racks for automotive merchandise located within 3 feet of the principal building,provided such display racks are limited to 1 display rack per frontage. 3. Temporary outdoor storage and display as provided in Section 20.05.090(H). All other outdoor storage and display shall require a use permit issued by the Planning Director pursuant to Section 20.60.105: Outdoor Storage and Display. C. Parking and Vehicle Storage. 1. Off-street parking shall be provided as specified in Chapter 20.66: Off-Street Parking and Loading. 2. Vehicles or equipment in the process of being served may be stored outside for a maximum period of 7 days. 3. The parking of vehicles and equipment for purposes of sale shall be prohibited. 4. The storage of rental vehicles shall not occupy any parking space provided to meet the parking requirements of the service station or any other accessory use. 5. No vehicles shall be parked or stored within the public right-of-way. 6. Fuel'delivery trucks shall not obstruct the public right-of-way during delivery. D. Non-Automotive Retail/Food and Beverage Sales.Up to 50 square feet of net public area may be used for the display and sale of non-automotive merchandise and ready- to-eat and prepackaged food and beverages. Walk-in refrigeration units shall be prohibited. Exceptions. 1. Floor area used for vending machines shall not contribute to the floor area limit. 2. Accessory uses subject to the provisions of Section 20.80.070. E. Signs. Signs shall be subject to the provisions of Section 20.67.030 (D). 003199 i Page 20.80-5 Service Stations • 20.80.060 Design and Development Regulations A. Applicability. The following design and development regulations shall apply to any new service station and to any existing service station meeting any of the criteria specified in Section 20.80.020. B. 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. C. Minimum Land Area. The minimum land area for service stations shall be 1,500 square feet of land area for each fueling space, 1,000 square feet for each service bay or washing bay, and 3.33 square feet for each square foot of gross floor area used for retail and/or food and beverage sales. D. Setbacks. The following setbacks shall be maintained: Required Setback(Feet) Abutting Abutting Structure Interior a Street an Alley • Service islands 20 20 20 Canopies 5 5 5 Air and water dispensers 10 10 10 Automobile washing, maintenance and repair 18 30 30 Retail and office 0 15 10 E. Access. 1. 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. 2. 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. 3. On-site driveways all should be a minimum of 25 feet for two-way traffic or 18 feet for one-way circulation. 06/23/99 Page 20.80-6 Service Stations 4. Provisions for on-site queuing lanes shall be made. 5. Queuing lanes shall not interfere with access to required parking spaces. l~. 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. Site and Architectural Design. The site plan and architecture of the service station shall provide an attractive appearance that is compatible with and complimentary to the community and surrounding land uses and development and that is consistent with the City of Newport Beach Design Guidelines:Automobile Service Stations and Washing. L Landscaping. 1. Area Required. A minimum of 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: a. A minimum 5 foot-wide (inside dimension) planting areas between driveway approaches. b. A minimum of 150 square foot landscaped area provided at the intersection of two property lines at a street corner. Landscape materials shall not exceed a height of 36 inches. C. A minimum 5 foot-wide (inside dimension) planting area along interior property lines,except where openings are needed to facilitate vehicular circulation to adjacent properties. d. A minimum of 30 percent of the required landscaping shall be provided within 20 feet of the street property lines. 2. Quantity of Materials. Landscaped areas adjacent to street property lines shall be planted with a minimum of 1 tree and 3 shrubs per every 25 linear feet of street frontage.Landscaped areas adjacent to interior property lines shall be planted with a minimum of 1 tree and 3 shrubs per every 30 linear feet.These calculations establish the minimum number of required trees and shrubs and are not meant to imply linear or equal spacing. Required trees shall be 24- inch box size, or larger. Required shrubs shall have a minimum mature iwrnm Page 20.80-7 Service Stations growth height of 18 inches and shall be a minimum of 5-gallon in size upon • installation. 3. Quality of Materials. Plant materials shall be chosen for their screening qual- ities,beauty and durability. Plantings shall include a mixture of trees,shrubs and groundcovers. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. 4. Street Trees. City parkway areas shall be provided with groundcover and street trees as per City standards. 5. Barriers. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. 7. Irrigation. 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. 8. Maintenance of Landscaping. a. All landscape materials and landscaped areas shall be maintained in • accordance with the approved landscape plan. b. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning,fertilizing, mowing and trimming. C. All landscaped areas shall be kept free of weeds and debris. d. All irrigation systems shall be kept operable,including adjustments, replacements,repairs, and cleaning as part of regular maintenance. 9. Sight Distances. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 10. Required Plans. Landscape planting and sprinkler irrigation plans and specifications shall be submitted by the applicant and approved by the Planning 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 6 foot high masonry or concrete wall utilizing materials similar in color,module and texture to those utilized in the building. Such walls shall be reduced to 3 feet in height within • M3/99 Page 20.80-8 Service Stations adjacent street setback areas. Such walls need not be installed when building walls or other acceptable walls already exist on such property lines. K. Lighting. Exterior light sources shall be shielded from view and directed away from adjacent properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed a height of 20 feet above finished grade. L. Rest Rooms. One men's rest room and one women's rest room shall be provided during business hours for use by service station customers. All rest rooms with exterior entrances shall be located so as to be in clear view of the station's service area, cashier station, or office. M. Refuse Storage Areas. Refuse storage areas shall be enclosed by walls and integrated with the design of the service station. N. Additional Requirements, It shall be required as a condition of a use permit that the applicant provide the fuel supplier,the property owner and/or lessee each with a copy of the conditions embodied on the permit, and receive a written receipt therefor,so that there shall be no person operating the premises who is not aware of the conditions of operation. If,during any inspection of the premises,the City shall find violations of the requirements of the use permit,it shall notify both the fuel supplier and the operator of the station in order to assure compliance. O. Modification or Waiver of Regulations. The Planning Commission may modify or waive any of the design and development regulations contained in this section for the _ expansion or renovation of an existing service station upon finding that: 1. The strict compliance with the regulations is not necessary to achieve the purpose and intent of this chapter. 2. The project possesses compensating design and development features that offset impacts associated with the modification or waiver of regulations. 3. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. o5n3� Page 20.80-9 Service Stations 20.80.070 Accessory Uses • A. Accessory Uses Permitted. The following use classifications shall be permitted as accessory uses to a service station, subject to the approval of an use permit or an amendment to an existing use permit pursuant to Chapter 20.91: Use Permits and Variances. 1. Convenience Markets. 2. Automobile Washing. 3. Vehicle/Equipment Repair,Limited: 4. Electronic Equipment Installation. 5. Vehicle Rentals. B. Supplementary Regulations for Convenience Markets. The following supplementary regulations shall apply to convenience markets operated in conjunction with service stations. 1. Minimum Floor Area. The sale of food and beverages and non-automotive merchandise shall require a minimum of 1,200 square feet of gross floor area, exclusive of vehicle service and washing areas. 2. Mode of Sale. The sale of merchandise from drive-up windows shall be prohibited. 3. Sims and Displays. Signs and displays shall not obstruct the sales counter, cash register, seller and customer from view from the exterior. 4. Arcade and Game Machines. Arcade and games machines shall be prohibited. 5. Security. The Planning Commission may require the applicant to provide a security program for the site. 6. Alcoholic Beverage Sales. See Chapter 20.89 (Alcoholic Beverage Outlets). • 06/23/99 Page 20.81-1 Oil Wells . CHAPTER 20.81 OIL WELLS Sections: 20.81.010 Drilling Restricted-Designated Area. 20.81.020 Election Required for Permitted Area Alteration-Intent and Purpose. 20.81.030 Fire Prevention. 20.81.040 Creating Nuisance Prohibited. 20.81.050 Watchman Required. 20.81.010 Drilling Restricted -Designated Area No person shall erect or construct oil drilling derricks or oil drilling equipment within the City,or shall drill from the surface or by subterranean 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'9124). 20.81.020 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 subterranean drilling is allowed by Section 20.81.010 shall first be submitted to the qualified electors of the City of Newport Beach for approval or 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. Page 20.81-2 Oil Wells It is specifically declared that it is the intention of this section that it shall apply solely to the question of a change in orexpansion 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. 20.81.030 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 20.81.010, 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. 20.81.040 Creating Nuisance Prohibited No person shall conduct within the City any of the businesses.enumerated in Section 20.81.010 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 20.81.010 to become offensive to the senses or to permit the same to interfere with the complete enjoyment of life or property by others. 20.81.050 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. _Page 20.82-1 Eating and Drinking Establishments CHAPTER 20.82 EATING AND DRINKING ESTABLISHMENTS Sections: 20.82.010 Purpose 20.82.020 Use Permit Required 20.82.030 Application Contents 20.82.040 Design and Development Standards 20.82.050 Accessory Outdoor Dining 20.82.060 Changes in Operational Characteristics 20.82.070 Nonconforming Structures and Uses 20.82.080 Rights of Appeal 20.82.010 Purpose Eating and Drinking Establishments range from large destination restaurants to small neighborhood ice cream stores. Full-service establishments are likely to generate more traffic, parking demand, noise and trash than small businesses with limited menus. Conditions and restrictions on the • operation of large establishments may be unnecessary in the case of small,limited item food serving businesses. However, particular small-scale establishments may, because of location,method of operation or other factors, be expected to cause, or actually cause, impacts equivalent to a full service establishment and, in such event, additional controls should be imposed or the use prohibited. 20.82.020 Use Permit Required A. Unless otherwise prescribed in the individual chapters of this code, Eating and Drinking Establishments shall require the following permits: Use Classification Permit Required Full-Service,High Turnover Use permit Full-Service,Low Turnover Use permit Full-Service,Small-Scale Use permit issued by the Planning Director. Take-Out Service Use permit Take-Out Service,Limited Use permit issued by the Planning Director. Accessory Permitted by right. Bars and Cocktail Lounges Use permit 10/13/04 Page 20.82-2 Eating and Establishments Establishments B. Required Findings for Bars and Cocktail Lounges. In order to approve a use permit for the establishment of any bar or cocktail lounge,the Planning Commission 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. In making findings required by this section,thePlanning Commission shall consider the following: 1. Whether the use serves public convenience and necessity. 2. The crime rate in the area as compared to other areas in the City. 3. The number of alcohol licenses per capita as compared to the county wide average. C. Required Findings for Take-Out Service, Limited. In addition to the findings established in Chapter20.82,the following additional findings shall be made in order to approve a Take-Out Service,Limited establishment: 1. That the use will not contribute to a disproportionate number of take-out establishments in the area nor contribute to a land use mix that is inconsistent with the specific purposes of the zoning district in which it is proposed. 2. That the site and structure are of sufficient size and design to accommodate the use and will not cause customer service queues,storage areas,or waste to encroach onto adjacent properties or public-rights-of-way. 3. That a condition of approval of the use permit includes a practical program for controlling litter, spills,and stains resulting from the use on the site and adjacent areas. 20.82.030 Application Contents In addition tothe application requirements of Chapter 20.82,an application for a use permit or an amendment to a use permit,the following materials shall be required,provided that the Planning Director may waive submission of items deemed unnecessary: ]0/13/0.M1 t Page 20.82-3 Eating and Drinking Establishments A. A statement specifying the nature of the establishment, 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 Eating and Drinking Establishment. 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 otherplans,drawings and information as the Planning Director may reasonably require. • 20.82.040 Design and Development Standards A. Full-Service High Turnover;Full-Service Low Turnover,•Full-Service Small-Scale, Take-Out Service Establishments, and Bars and Cocktail Lounges. 1. 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. 2. Setbacks. The Planning Commission or the Planning Director 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 ofthe public health,safety and welfare or to insure compatibility with uses on contiguous properties. 3. Off-Street Parking. Off-street parking shall be as specified in Chapter 20.66: Off-Street Parking and Loading. 4. Circulation. Parking areas and driveways shall be arranged so that a free flow of vehicular traffic and adequate site clearances are permitted at all times. If the Traffic Engineer determines that there is a need to 10n3/04 Page 20:82.4 Eating and Drinking Establishments 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. 5. Walls. 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 ofthe corner of any intersecting street or alley right-of-way. Walls 3 feet in height shall be erected between on-site parking areas and public rights-of-way. 6. Landscaping. Not less than 10 percent ofthe total site area shall be devoted to landscapedplanting 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. C. 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 amanner 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. 7. Lighting. 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 designedto minimize the reflection of light to streets and properties adjoining the site. No lighting standard shall exceed a height of 10 feet from the finished grade of the site. 8. Utilities. All utility services on the site shall be installed underground. 9. Supply Storage. All faciiitiesfor storage ofsupplies shall be located within a building. 10. 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. B. Take-Out Service, Limited, Take-Out Service, Limited establishments shall be operated in conformance with the following standards: tatsroa Page 20.82-5 Eating and Drinking Establishments 1. Hours of Operation. Opens for business no earlier than 7:00 a.m.and closes no later than 12:00 a.m., daily, provided, 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. No alcoholic beverages shall be served or consumed on the premises; 3. No live entertainment or dancing shall be provided; 4. The facility contains receptacles sufficient in size to accommodate all trash deposited by customers; 5. Trash generated by the business is stored on-site in an area screened from view except when placed for pick-up; 6. Smoke and odor are controlled by kitchen exhaust fans, or other means,to the satisfaction of the Building Director; 7. 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; 8. Off-Street Parking. Off-street parking shall be as specified in Chapter 20.66: Off-Street Parking and Loading. C. Additional Requirements. The Planning Director or the Planning Commission,as the case may be, 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 ofthe City. In addition,the Planning Director or the Planning Commission, as the case may be,shall retain jurisdiction to impose additional conditions after approval if necessary or appropriate to ensure that operation of the establishment is consistent with the findings made at the time of approval. D. Modification or Waiver ofRe laug tions. The Planning Director or the Planning Commission, as the case may be, may modify or waive any of the design and development standards contained in this chapter if strict compliance with the standards is not necessary to achieve the purpose and intent of the standard. 20.82.050 Accessory Outdoor Dining A. General Provisions. Notwithstanding any other provisions of this chapter,Chapter 20.62, Chapter 20.63, Chapter 20.64, Chapter 20.89,Chapter 20.91, and Chapter AP 10/13/04 Pagd 20.82-6 Eating and Drinking Establishments 15.38 ofthe Municipal Code,the Planning Director may approve an application to add or expand outdoor dining to an existing Eating and Drinking Establishment provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the establishment,or 1000 square feet,whichever is less,and is accessory to any indoor dining. B. Reauired Findings. Before approving an application, the Planning Director shall make the following findings: 1. That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. 2. The establishment,maintenance or operation ofthe accessory outdoor dining will not,tinder the circumstances ofthe 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. C. Required Conditions. The Planning Director's approval of an application to add or expand outdoor accessory dining shall be conditioned upon the following: . 1. Thatthe outdoor dining shall be subject to all the existinghours ofoperation, operational characteristics and conditions of any use permit applicable to the establishment. 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. 10/13/04 Page 20.82-7 Eating and Drinking Establishments D. Required Notice. 1. At least 10 days prior to the administrative decision,notice shall be mailed to the applicant and all owners of property within 300 feet, excluding -intervening rights-of-way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or,alternatively,from such other records as contain more recent addresses. 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. Exception. Notice is not required for applications on properties which are not located within 300 feet(excluding intervening rights- of-way and waterways) of a residential district. 2. Contents of Notice. The notice of the decision of the Planning Director shall contain: a. A description ofthe location ofthe project site and the purpose ofthe application; b. A statement of the purpose of the administrative decision; C. A reference to application materials on file for detailed information; d. A statement rights of appeal. E. Appeal. The decision of the Planning Director to approve or deny an application is final,subject to appeal by the Planning Commission or by the City Council pursuant to Chapter 20.95:Appeals. F. Revocation. 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. G. Encroachments Permits. In the event that the proposed outdoor dining area is located on a public sidewalk, the application shall not become effective until the applicant has obtained a valid Sidewalk Cafe License Encroachment Permit pursuant to Chapter 13.18 of the Municipal Code. 10/13l04 Page 20.82-8 Eating and Drinking Establishments 20,82.060 Changes in Operational Characteristics A. Maior Changes. A use permit or an amendment to a use permit shall be required for any major change in the operational characteristics of any Eating and Drinking Establishment requiring a use permit under the provisions of Section20.82.020. For purposes of this chapter,amajor change in operational characteristics shall include, without limitation,any of the following: 1. Any increase in the hours of operation; 2. The introduction of live entertainment consisting of 8 ormore individuals,or live entertainment performing with amplified sound, or dancing, or a significant change in the character of the live entertainment; 3. The introduction of the sale of alcoholic beverages; 4. An increase in the gross floor area,net public area,or in the size of the area principally devoted to the sale of alcoholic beverages in excess of250 square feet; 5. The increase in the number of seats of a bar or cocktail lounge by more than 15%(for purposes of this section,each 18 linear inches of a bar,counter,or similar serving area, shall be considered to constitute a seat); 6. A loss of on-site or off-site parking spaces for a period of 90 days or more, which would reduce available parking below the number than required by the provisions of this code or the use permit applicable to the establishment, 7. The introduction of valet,tandem, or compact parking spaces; 8. The addition of 3 or more pool tables. 9. Any change that would affect a condition of approval. B. Minor Changes. The Planning Director may approve minor changes in the operational characteristics of any Eating and Drinking Establishment provided the use permit for the establishment has not been approved or amended within the past 90days. For purposes ofthis chapter, a minor change in operational characteristics shall be any change which does not constitute,either individually or cumulatively,a major change in operational characteristics as defined in Section 20.82.060(A),and shall include,without limitation,any of the following: tatsroa Page 20.82-9 Eating and Drinking • Establishments 1. The introduction of live entertainment consisting of no more than 2 individuals,provided the live entertainment is performed without amplified sound; 2. An increase in the gross floor area or net public area of up to 250 square feet; 3. A loss of on-site or off-site parking spaces for a period of less than 90 days which would reduce available parking below the number than required by the provisions of this code or the use permit applicable to the establishment; 4. The addition of up to 2 pool tables. 5. The increase in the number of seats of a bar or cocktail lounge by not more than 15% (for purposes of this section, each 18 linear inches of a bar, counter, or similar serving area, shall be considered to constitute a seat). C. Other Required Permits. The applicant shall obtain all required City permits prior to implementing any approved major or minor change in operational characteristics involving entertainment, dancing, pool tables, or amusement devices (Section 20.60.085:Uses Requiring City Manager). • 20.82.070 Nonconforming Structures and Uses A. Except as provided in Section 20.82.060, the provisions of Chapter 20.62 shall be applicable to all Eating and Drinking Establishments. In the event of any conflict between the provisions of this chapter and the provisions of Chapter 20.62, the provisions of this chapter shall control. B. Maintenance,repairs,and structural alterations can be made as provided in Chapter 20.62. 20.82.080 Rights of Appeal A. Appeals. Decisions of the Planning Director may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures.Procedures for appeals shall be as prescribed by Chapter 20.95:Appeals. 10/13/04 Page 20.83-1 • - - - Residential Condominium Projects - CHAPTER 20.83 RESIDENTIAL CONDOMINIUM PROJECTS Sections: 20.83.005 Intent and Purpose 20.83.008 Condominium Conversions Regulated by Title 19 20.83.010 Definitions 20.83.015 Required Approvals 20.83.040 Existing Structures and Uses-Approved Plans 20.83.005 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 ofnew residential 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. 20.83.008 Condominium Conversions Regulated by Title 19 This Chapter shall apply only to new condominium projects.Conversions of existing rental housing to condominiums shall be regulated by the provisions of Title 19 (Subdivision Code). 20.83.010 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,community apartment project,or stock cooperative,as defined in Section 1351 of the California Civil Code. In addition, for the purpose of this Chapter,development which offers own-your-own or fee ownership units,whereby the 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. [Reserved] C. Proiect. 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. 3 12/204/ Page 20.83-2 Residential Condominium Projects 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. 20.83.015 Required Approvals A. Condominium projects may be permitted in any district in which residential uses are permitted,including planned communities,exceptwithin the R-1.5 District(Balboa Island), subject to approval under the provisions of this Chapter and Title 19 (Subdivision Code).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. [Reserved) C. Condominium projects containing 5 or more units shall be approved by the Planning Commission via a tentative tract map. Condominium projects containing 4 or less units shall be approved by the Zoning Administrator via a tentative parcel map. D. No person shall construct a new condominium development within the City of Newport Beach without first complying with the provisions of this Chapter. 20.83.040 Existing Structures and Use-Approved Plans Any residential condominium development, whether originally established as such or converted from multi-family units,which lawfully exists on the effective date of this Chapter(September 10, 1979),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 ofthe development plans shall be subject to all provisions of this Chapter and Title 19(Subdivision Code). tv2.troa Page 20.84-1 Time Share Developments • CHAPTER 20.84 TIME SHARE DEVELOPMENTS Sections: 20.84.010 Intent 20.84.020 Definitions 20.84.030 Where Permitted 20.84.040 Application Process 20.84.050 Development Agreement 20.84.060 Development and Operational Regulations 20.84.010 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 effects on 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 providing additional land use and property development regulations for time-share developments within the City of Newport Beach. 20.84.020 Definitions The following terms used herein shall have the meanings indicated: A. Time-share Project. 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. B. Time-share Estate. A right of occupancy in a time-share project that is coupled with an estate in the real property. C. Time-share Interval. The period or length of time of occupancy in a time-share unit. • Page 20,84-2 Time Share Developments D. Time-share Unit. Each portion of the real property or real property improvement in a project that is divided into time-share intervals. E. Time-share Use. 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. 20.84.030 Where Permitted Time-share projects are permitted only in commercial districts,including the commercial portions of specific plan districts and planned community districts. 20.84.040 Application Process A. Use Permit Reouired. Approval of a use permit in accordance with the provisions of Chapter 20.91 is required for the establishment of time-share project. B. Application Requirements, In addition to the application requirements contained in Chapter 20.91, an application for a time-share project shall be accompanied by the following documents which shall be subject to approval of the Planning Director; 1 Sales Plan: A Sales Plan shall address the times,areas and methods that will ! be used to sell the time-share project. Factors to be defined in the plan shall include, but not be limited to; the location, length, and marketing methods that will be used, distinguishing on-site and off-site marketing and signage; and an estimate of the potential numbers of individuals and automobiles expected during various stages of the sales effort. The plan also shall describe measures that will be implemented to reduce traffic during peak hours. 2. Management Plan: A Management Plan shall describe the methods employed by the applicant to guarantee the future adequacy,stability, and continuity of a satisfactory level of management and maintenance of a time-share project. 3. Contingency Plan: A Contingency Plan shall address the actions to be taken by the applicant if the time-share project is an economic failure or fails to sell 50 percent of the time-share estates or uses within two years of receiving a permit to occupy the first unit. Page 20.84-3 Time Share Developments S20.84.050 Development Agreement The City and the operator of any time-share project shall enter into a Development Agreement,under the provisions of Chapter 15.45 of the City of Newport Beach Municipal Code, relating to the amount of tax payable to the City by any time-share owner for the right of occupancy of any time- share unit. 20.84.060 Development and Operational Regulations A. Property Development Regulations. Time-share projects shall comply with the property development regulations for the zoning district in which it is located. B. Conversion of Existing Dwelling Units Prohibited. The conversion of existing residential dwelling units into time-share units shall be prohibited. C. Minimum Numberof Units. Each time-share project shall be have a minimum of 100 time-share units. Time-share projects consisting of less than 100 units, but developed or converted in conjunction with a resort hotel complex of 300 or more shall be considered to be in conformance with this requirement. • D. Parking. Parking shall be provided at a ratio of 1.2 spaces per unit, plus 1 per 50 square feet of banquet seating or meeting area. E. Required Amenities. Time-share projects shall be developed with substantial recreational amenities. Such amenities include,but are not limited to, golf courses, tennis courts, and swimming pools. F. Modification or Waiver. The Planning Commission, or the City Council on appeal or call for review, may modify or waive any of the development and operational regulations contained in this section if strict compliance with the regulations is determined to be unnecessary to achieve the purpose and intent of this chapter. • Page 20.85-1 Accessory Dwelling Units CHAPTER 20.85 ACCESSORY DWELLING UNITS Sections: 20.85.010 Purpose 20.85.015 Definitions 20.85.020 Prohibitions 20.85.025 Use Permit Required 20.85.030 Development Standards 20.85.035 Verification of Occupancy 20.85.040 Recordation Required 20.85.045 Termination of Use 20.85.010 Purpose A. 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. • B. To prohibit the development of second units, as defined herein, single family residential lots as provided for in Section 65852.2 of the California Government Code. 20.85.015 Definition For purposes of this chapter,the following A. Granny Unit. As used in this chapter, a granny unit is defined as a detached or attached dwelling unit to be constructed on a site zoned for a single family residence in conjunction with a primary residence,with the second dwelling unit intended for the sole occupancy of 1 or 2 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. B. Second Unit. A dwelling unit accessory to and either attached to,detached from,or contained within the primary dwelling unit on a site. Page 20.85-2 Accessory Dwelling Units 20.85.020 Prohibitions The creation of a second unit on all sites within the City of Newport Beach where the zoning and General Plan permit only 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. 20.85.025 Use Permit Required Approval of a use permit by Planning Director in accordance with the provisions of Chapter 20.91 is required for the establishment of any granny unit as defined in this chapter. 20.85.030 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 byChapter 20.65,in accordance with the"Official Height Limitations zone Map"incorporated within Chapter20.65. Granny units located in the R I 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. 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 i independently accessible parking space for the granny unit, provided there are at least 2 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. Page 20.85-3 Accessory Dwelling Units G. Owner/Occupancy Required. The primary residence or the granny unit shall be continuously occupied by at least 1 person having an ownership interest in the property. 20.85.035 Verification of Occupancy Commencing with the 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. 20.85.040 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. 20.85.045 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 20.03.030.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 20.03.030. 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. Page 20.86-1 • Low and Moderate Income Housing Within The Coastal Zone CHAPTER 20.86 LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE Sections: 20.86.010 Purpose 20.86.020 Definitions 20.86.030 Coastal Residential Development Permit Required 20.86.035 Exemptions 20.86.040 Application for a CRDP 20.86.050 Affordable Housing Requirement 20.86.060 Affordable Housing Agreement 20.86.070 Notice and Public Hearing 20.86.080 Effective Date 20.86.090 Appeals 20.86.010 Purpose The City ofNewport 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 CRDP ensures compliance with State law by maximizing low and moderate income housing opportunities within the Coastal Zone of Newport Beach. 20.86.020 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. • 12/23/04 Page 20.86-2 Low and Moderate Income Housing Within The Coastal Zone 20.86.030 Coastal Residential Development Permit Required A CRDP is required in order to conduct any of the following activities within the Coastal Zone: A. The demolition or conversion of 1 I or more dwelling units in 2 or more structures;or B. The demolition or conversion of 3 or more dwelling units in one structure;or C. The construction of 10 or more new dwelling units. 20:86.035 Exemptions The following activities are exempt from the requirement of a CRDP: A. 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. B. 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. C. The reconstruction of any nonconforming building damaged by fire,earthquake or other calamity when a use permit is not required pursuant to Section 20.62.070. 20.86.040 Application for a CRDP An application for a CRDP shall be filed in a manner consistent with the requirements contained in Chapter20.90: Application Filing and Fees. In addition to the application fee,the application shall be accompanied by 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 aaef ind 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 ofprocessing a CRDP. The administration fee shall be per low and moderate income dwelling unit based on the cost of administering an affordable housing I712?ioa Page 20.86-3 Low and Moderate Income Housing Within The Coastal Zone 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. 20.86.050 Affordable Housing Requirement When demolition or conversion activities involve low and moderate income units,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. 20.86.060 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. 20.86.070 Notice and Public Hearing A. Public Hearing. A public hearing shall be held before the Planning Commission on all CRDPs, including all condominium conversions. B. Required Notice. 1. Public hearings shall be required for review of all CDRP's in the manner as prescribed in Section 20.93.030. 2. Notice of all other public hearings shall be given as follows: a. Mailed or Delivered Notice. (1) Residential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or,alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of owners as required by this section. 12/23/04 Page 20.864 Low and Moderate Income Housing Within The Coastal Zone (2) Nonresidential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet,excluding intervening rights-of-way and waterways,of the boundaries of the site,as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. 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. b. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. 3. 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. C. Contents of Notice. The notice of public hearing shall contain! 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time,place,and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. D. Continuance. Additional notice need not be give if a public hearing is continued at the public hearing noticed and if the date ofthe continued hearing is announced in open meeting. 20.86.080 Effective Date A CRDP shall not become effective for 14 days after being granted. If an appeal is filed or the City Council exercises Its right ofreview the CRDP shall not become effective until a decision granting the CRDP is made by the City Council. tvz3ioa _ _Page20.86-5 Low and Maderate Income Housing Within The Coastal Zone 20.86.090 Rights of Appeal A. Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures.Procedures for appeals shall be as prescribed by Chapter 20.95:Appeals. 12/23/04 Page 20.87-1 Massage Establishments iCHAPTER 20.87 MASSAGE ESTABLISHMENTS Sections: 20.87.005 Intent And Purpose 20.87.010 Definitions 20.87.020 Massage Establishments As An Accessory Use 20.87.025 Massage Establishments As An Independent Use 20.87.030 Amortization 20.87.005 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 concentrationwithin 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. 20.87.010 Definitions As used in this chapter,the following terms shall have the meanings indicated: A. Massage Establishment. "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 Municipal Code. B. Establishment. "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. 11/24/99 Page20.87-2 Massage Establishments 20.87.020 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 permitted. For the purpose of this section, an accessory use shall mean a use which is not more than 25 percent of the floor area of the related health or athletic activities of the primary use. 20.87.025 Massage Establishments As An Independent Use A massage establishment which operates as an independent use, shall be permitted in the M-1-A District,l2MC,RSC, and APF Districts,commercial areas of PC Districts and commercial areas of the SP-4 (Newport Shores Specific Plan), SP-5 (Mariner's Mile Specific Plan), and SP-9 (Old Newport Boulevard Specific Plan)Districts,subject to the securing of a use permit approved by the Planning Director in each case, and provided further that such establishment conforms to the following: A. Location Requirements. Notwithstanding any other provision of the 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 Director, after a public hearing, 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 11/24/99 Page 20.87-3 Massage Establishments • 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 5. All applicable regulations of this Municipal Code will be observed. 20.87.030 Amortization Any massage establishment as defined in this chapter which was lawfully in existence as of the effective date of this chapter(March 25, 1992)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 1 year of the effective date of this chapter(March 25, 1992). 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 Director,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 1 year amortization period must be made in writing by the owner of the massage establishment to the Planning Director not later than 60 days prior to the end of the I year period provided for in this section. The Planning Director may grant an extension of up to 1 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 1 year from the effective date of this chapter, or C. Other factors establishing the nature of the business is such that the business cannot be easily relocated. • t tn4/99 Page 20.88-1 Adult-Oriented Businesses • CHAPTER 20.88 ADULT-ORIENTED BUSINESSES Sections: 20.88.010 Definitions 20.88.020 Special Restrictions 20.88.030 Development Standards 20.88.010 Definitions The words and phrases used in this chapter shall be governed by the definitions contained in Chapter 5.96 of the Municipal Code. 20.88.020 Special Restrictions A. Permitted Districts. Adult-oriented businesses shall be permitted in the RMC and RSC Districts and commercial areas of PC Districts. With the exception of industrial • 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 use permit shall be required for an adult-oriented business. B. Location Restrictions. The adult-oriented businesses shall not be located: 1. Within 500 feet of the boundary of any residential district or residential use approved by the City; or 2. Within 1000 feet of any lot upon which there is properly located a religious institution, public beach or park, school or City facility, including but not limited to City Hall, and Newport Beach libraries,police and fire stations. 3. Within 500 feet of another adult-oriented business. 4. The distance of separation 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 taken is located on the same lot as the adult-oriented business, the distance between the two shall be • Page 20.88-2 Adult-Oriented Businesses measured in a straight line between the front doors of each use without regard to intervening structures or objects. C. Permit Required. Adult-oriented businesses shall obtain a permit in compliance with all applicable requirements of Section 5.96 of the Municipal Code which is incorporated herein by this reference. 20.88.030 Development Standards Adult-oriented businesses 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. Page 20.89-1 Alcoholic Beverage Outlets CHAPTER 20.89 ALCOHOLIC BEVERAGE OUTLETS Sections: 20.89.010 Purpose 20.89.020 Definitions 20.89.030 Use Permit Required 20.89.040 Authority 20.89.050 Development and Operational Regulations 20.89.060 Expiration, Violation,Discontinuance, and Revocation 20.89.070 Appeals 20.89.010 Purpose The purpose of this chapter is to preserve a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcoholic beverage retail outlets. It is recognized that hospitality, entertainment, recreation and related businesses are a significant part of the City's economy, and that alcoholic beverage sales are important to the . operation of these businesses. It is also recognized that alcohol abuse can create environments which jeopardize the continued success of these businesses and seriously affect the health, safety and general welfare in surrounding areas, particularly residential neighborhoods. This chapter is intended to prevent alcohol-related problems, including, but not limited to, driving under the influence, assaults, domestic violence, public inebriation, littering, loitering, obstruction of pedestrian traffic, noise, traffic violations, illegal parking, interference with children on their way to and from school, interference with shoppers using the streets and defacement and damaging of public and private property. This chapter provides a set of additional tools to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on local businesses, residents, law enforcement, medical care, educational, preventive,treatment and rehabilitation resources. 20.89.020 Definitions For the purpose of this chapter,the following words or terms shall be defined as follows: A. Alcoholic Beverage: A fermented or distilled beverage including alcohol, spirits, liquor,wine, beer, and every other liquid or solid containing alcohol, spirits,wine or beer which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. • 10/13/04 Page 20.89-2 Alcoholic Beverage Outlets B. Alcoholic Beverage Control (ABC): California State Department of Alcoholic Beverage Control. C. Alcoholic Beverage Outlet, Off-Sale: Any establishment wherein alcoholic beverages are sold, served, or given away for consumption off the premises and which is applying for or has obtained an ABC license type 20 or 21. References to the establishment shall include any immediately adjacent area that is owned, leased,or rented,or controlled by the permittee. D. Alcoholic Beverage Outlet, On-Sale. Any establishment wherein alcoholic beverages are sold, served, or given away for consumption on the premises and which is applying for or has obtained an ABC license type 40, 41,42, 47, 48, 51, 52, 61, 63 and/or 75. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the permittee. 20.89.030 Use Permit Required A. A use permit shall be required for any new alcoholic beverage outlet and for any existing alcoholic beverage outlet meeting any of the following criteria: 1. There is a substantial change in the mode or character of operation. A substantial change in mode or character of operation, includes, but is not limited to the following: a. The alcoholic beverage outlet changes its type of retail liquor license with the Department of Alcoholic Beverage Control;or b. The off-sale alcoholic beverage outlet increases the floor area or shelf space principally devoted to alcohol sales by 25 percent of more;or c. The on-sale alcoholic beverage outlet increases the floor area principally devoted to alcohol sales by more than 250 square feet;or d. The alcoholic beverage outlet proposes to reinstate alcohol sales after the ABC license has been revoked or suspended for a period greater than 30 days by the ABC. 2. A finding is made by the Planning Commission, or the Planning Director, as the case may be, that the existing alcoholic beverage outlet is operated or maintained under objectionable conditions as provided herein after that constitute a public nuisance. However, in no case shall the Planning Commission, or the Planning Director, as the case may be, make this tat3raa Page 20.89-3 Alcoholic Beverage Outlets finding until the owner and/or operator of the alcoholic beverage outlet has been notified of the objectionable conditions and allowed a minimum of 30 days to correct these conditions. The Planning Commission, or the Planning Director, as the case may be, shall include in the notice a list of recommended actions deemed necessary to correct the objectionable conditions. As used in this chapter, objectionable conditions which constitute a public nuisance shall mean repeated instances of conduct or conditions which adversely impact the public health safety and welfare and which are directly related to the operation of the alcoholic beverage outlet such as a pattern of documented violations of ABC and local laws, a pattern of documented violations of the Newport Beach Municipal Code, the Penal Code or other State statutes, or a pattern of substantiated complaints of activity constituting evidence of a nuisance. B. Required Findings. In order to approve a use permit for an alcoholic beverage outlet, the Planning Commission, or the Planning Director, as the case may be, shall find that the proposed use is consistent with the purpose and intent of this chapter, in addition to the findings required by Section 20.91.035. In making the required findings,the Planning Commission, or the Planning Director, as the case may be,shall consider the following: • 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county-wide average. 4. The numbers of alcohol-related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. . 10/13/04 Page 20.89.4 Alcoholic Beverage Outlets 20.89.040 Authority . The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits for alcoholic beverage outlets. Exception. The Planning Director shall have the authority to render decisions on use permits for food and beverage sales establishments totaling more than 10,000 square feet with no more than 10 percent of the gross floor area devoted to alcohol sales and display and for any other off-sale establishment that is applying for or has obtained an ABC license that is limited to the sale of beer and wine only. 20.89.050 Development and Operational Regulations A. Applicability. The regulations of Section 20.89.050 (B) shall apply to all off-sale alcoholic beverage outlets. The regulations in Section 20.89.050 (C) shall apply to any new alcoholic beverage outlet and to any existing alcoholic beverage outlet meeting any of the criteria specified in Section 20.89.030(A). B. Sale and Storage. Off-sale alcoholic beverage outlets shall be prohibited from selling or storing alcoholic beverages outside of the exterior walls of the establishment from 12:01 a.m,on July 4th to 3:00 a.m.on July 5th each year. C. Development and Operational Regulations. 1. Signs and Displays. a. Signs and displays in off-sale alcoholic beverage outlets shall not obstruct the sales counter, cash register, seller and customer from view from the exterior. b. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 2. Drinking Alcohol Outside, a. The selling of alcoholic beverages for consumption outside the building shall be prohibited. Exception: The provision shall not apply to Eating and Drinking Establishments with approved outdoor or sidewalk cafe dining. 10/13/04 I� l _Page 20.89-5 - - Alcoholic Beverage Outlets 3. Nuisances. Reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the alcoholic beverage outlet and adjacent properties must be taken during business hours if directly related to the patrons of the subject alcoholic beverage outlet. "Reasonable steps" shall include calling the police in a timely manner; preventive design features (see Section 20.89.050 (B-6) below); and requesting those engaging in such activities to cease those activities, unless personal safety would be threatened in making that request. 4. Hours of Operation. The Planning Commission, or the Planning Director, as the case may be, may restrict the hours of operation of the alcoholic beverage outlet. 5. Mode of Sale. Alcoholic beverage sales from drive-up or walk-up service windows shall be prohibited. This provision shall also apply to alcoholic beverage sales to persons in watercraft. 6. Preventive Design. The site plan and floor plan of all alcoholic beverage outlets shall be reviewed for opportunities to incorporate design features to assist in reducing alcohol-related problems. The Planning Commission, or the Planning Director, as the case may be, may condition the alcoholic • beverage outlet to incorporate preventive design features. Such features may include,but are not limited to,openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. 7. Security. The Planning Commission, or the Planning Director, as the case may be, may require the alcoholic beverage outlet to provide adequate security personnel and/or devices. 8. Litter and Graffiti.The exterior of the alcoholic beverage outlet, including all signs and accessory buildings and structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 9. Responsible Beverage Service/Sales Training Requirements. a. Required Training. All owners, managers and employees serving and/or selling alcoholic beverages in alcoholic beverage outlets undergo and successfully complete a certified training program in • 10/13/04 Page 20.89.6 Alcoholic Beverage Outlets responsible methods and skills for serving and selling alcoholic beverages. b. When Required. Responsible Beverage service and sales training shall be required for all new alcoholic beverage outlets and for any existing alcoholic beverage outlet upon a finding of the Planning Commission, or the Planning Director, as the case may be,that the establishment is operated or maintained under objectionable conditions that constitute a public nuisance. C. Certified Programs. To qualify to meet the requirements of this section a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS)or other certifying/licensing body which the State may designate. d. Timetable for Compliance. New alcoholic beverage outlets shall comply with the requirements of this section within 180 consecutive days of the issuance of the certificate of occupancy. Existing alcoholic beverage outlets shall comply with the requirements of this section within 180 days of the effective date of the use permit. e. Records. Records of each owner's, manager's and employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Newport Beach. f. Waiver. The Planning Commission, or the Planning Director, as the case may be, may waive or modify all or part of the requirements of this section upon finding that the employees of the alcoholic beverage outlet are sufficiently knowledgeable in the responsible methods and skills for serving and selling alcoholic beverage training. 20.89.060 Expiration,Violation,Discontinuance,and Revocation A. Expiration. Any use permit for an alcoholic beverage outlet granted in accordance with the terms of this chapter shall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. tatstoa Page 20.89-7 Alcoholic Beverage Outlets • B. Time Extension. The Planning Commission, or the Planning Director, as the case may be, may grant a time extension for a use permit for an alcoholic beverage outlet for a period or periods not to exceed 12 months. An application for a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of terms. The Planning Commission, or the Planning Director, as the case may be, may revoke a use permit for an alcoholic beverage outlet upon making one or more of the following findings: 1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation. 2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated. 3. The establishment for which the permit was issued is being operated in an illegal or disorderly manner. 4. Noise from the establishment for which the permit was issued violates the Community Noise Control Ordinance (Chapter 10.26 of the Municipal Code). 5. The business or establishment for which the permit was issued has had or is having an adverse impact on the health, safety or welfare of the neighborhood or the general public. 6. There is a violation of or failure to maintain a valid ABC license. 7. The business or establishment fails to fully comply with all the rules, regulations and orders of the California State Department of Alcoholic Beverage Control. D. Discontinuance. A use permit for an alcoholic beverage outlet shall lapse if the use is discontinued for 90 consecutive days or if the ABC license for the establishment has been revoked or transferred to a different location. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. . 10/13/04 Page20.89.8 Alcoholic Beverage Outlets 20.89.070 Rights of Appeal A. Appeals. Decisions of the Planning Director may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures. Procedures for appeals shall be as prescribed by Chapter 20.95: Appeals. 10/13M PART VI: ADMINISTRATION Chapters: 20.90 Application Filing and Fees 20.91 Use Permits and Variances 20.92 Site Plan Review 20.93 Modification Permits 20.94 Amendments 20.95 Appeals 20.96 Enforcement PART VI: ADMINISTRATION Chapters: 20.90 Application Filing and Fees 20.91 Use Permits and Variances 20.92 Site Plan Review 20.93 Modification Permits 20.94 Amendments 20.95 Appeals and Calls for Review 20.96 Enforcement • Page 20.90-1 Zoning Administration • CHAPTER 20.90 ZONING ADMINISTRATION Sections: 20.90.010 Purpose 20.90.020 Authority 20.90.030 Application Filing 20.90.040 Planning Department Review 20.90.050 Environmental Review 20.90.010 Purpose To establish administrative provisions and procedures for the implementation of this code. 20.90.020 Authority A. Planning Director. This code shall be administered by the Planning Director under the administrative authority and direction ofthe City Manager pursuant to Title 2 of the Municipal Code. B. Zoning Administrator. The Planning Director shall appoint a qualified Planning Department staff member as the Zoning Administrator. The Zoning Administrator shall have the authority to investigate and render decisions on applications as prescribed by the individual chapters of this code. The Zoning Administrator shall serve in that capacity at the discretion of the Planning Director. C. Planning Commission. The Planning Commission established by Article VH of the City Charter shall have the authority to investigate and render decisions on applications as prescribed by the individual chapters of this code. 20.90.030 Application Filing A. Required Forms. Applications for discretionary approvals,including butnot limited to, amendments, development plans, modifications permits, site plan review, use permits, variances, and coastal permits shall be filed in the office of the Planning Department in writing on forms prescribed by the Planning Director. B. Required Materials. Applications for discretionary approvals shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless 17/23/04 I�� Pogo 20.90-2 Zoning Administration specifically waived by the Planning Director. The Planning Director may request additional materials deemed necessary to support the application. C. Required Signatures. Application for discretionary approvals may be made by the owner,lessee,or agent of the owner of the property affected. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent ifwritten authorization from the owner of record is filed concurrently with the application. D. Fees. Applications for discretionary approvals shall be accompanied by a fee as established by resolution of the City Council. 20.90.040 Planning Department Review A. Time Limits and Notification. Within 30 days of the filing of an application,the Planning Department shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete. E. Incomplete Applications. If the application is determined not to be complete, the Planning Department shall notify the applicant in writing and shall specify those parts ofthe application which are incomplete and shall indicate the manner in which they can be made complete,including a list and thorough description ofthe specific information or materials needed to complete the application. Upon the receipt ofthe information or materials needed to complete the application,or any resubmittal ofthe application,a new 30 day review period shall begin to determine the completeness of the application. C. Extension of Time Limits. Extensions of the time limits of the review period are permitted-when mutually agreed upon by the Planning Department and the applicant. D. Waivers. The Planning Director may waive the submission of items deemed unnecessary. E. Exemption for Environmental Review. This section shall not be construed as limiting the ability of the Planning Department to request and obtain information needed to conduct environmental review under the terms of the California Environmental Quality Act. ivzrroa Page 20.90.3 Zoning Administration 20.90.050 Environmental Review A. A project that is not exempt from the California Environmental Quality Act(CEQA) shall be reviewed and either a Negative Declaration or an Environmental Impact Report(EIR)shall be prepared. B. Time Limits. For projects in which the City is the lead agency,negative declarations shall be completed and ready for approval within 105 days from the date the application is accepted as complete;environmental impact reports shall be completed and certified within 1 year from date the application is accepted as complete. No application for a project shall be deemed to be incomplete for lack of a waiver ofthe time limits established by this section. C. Extension of Time Limits. The Planning Director may provide for a reasonable extension of the time limits established by this section in the event that compelling circumstances justify additional time and the project applicant consents thereto. • . 1TJ23l04 Page 20.91-1 - - Use Permits and Variances • CHAPTER 20.91 USE PERMITS AND VARIANCES Sections: 20.91.010 Purpose 20.91.015 Use Permit or Variance Requisite to Other Permits 20.91.020 Application for Use Permit,Variance, or Federal Exception Permit 20.91.025 Duties of the Planning Director and the Planning Commission 20.91.030 Notice and Public Hearing 20.91.035 Required Findings 20.91.040 Conditions of Approval 20.91.045 Effective Date 20.91.050 Expiration,Time Extension,Violation,Discontinuance,and Revocation 20.91.055 Amendments and New Applications 20.91.060 Rights of Appeal 20.91.010 Purpose • This article provides the flexibility in application of land use and development regulations necessary to achieve the purposes ofthis code by establishing procedures for approval,conditional approval,or disapproval of use permit and variance applications. Use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed,located,and operated compatibly with uses on adjoining properties and in the surrounding area. Variances are intended to resolve practical difficulties or unnecessary physical hardships that may result from the size,shape,or dimensions of a site or the location of existing structures thereon;from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted with respect to property development regulations and performance standards, but do not extend to land use regulations. 20.91.015 Use Permit or Variance Requisite to Other Permits No building permit or certificate of occupancy shall be issued in any case where a use permit, variance,or Federal Exception Permit is required by the terms ofthis code unless and until such use permit, variance or Federal Exception Permit has been granted by the Planning Director or the Planning Commission or by the affirmative vote of the City Council on appeal or review and then • 1on7ioa Page 20,91.2 Use Permits and Variances only in accordance with the terms and conditions of the use permit, variance or Federal Exception Permit granted. 20.91.020 Application for Use Permit,Variance,or Federal Exception Permit An application for a use permit, variance, or Federal Exception Permit shalt be filed in a manner consistent with the requirements contained in Chapter 20.90,Application Filing and-Fees. 20.91,025 Duties of the Planning Director and the Planning Commission A. Authority. The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits,variances and Federal Exception Permits, unless the authority for an administrative decision on a use permit is specifically assigned to the Planning Director in the individual chapters of this code. Exception. The City Council shall have final decision-malting authority on the applications for use permits, variances and Federal Exception Permits filed concurrently with amendments to the general plan, zoning code, or a planned community development plan or with a development agreement. B. RenderineofDecision, After the conclusion of the hearing on any application fora use permit, variance or Federal Exception Permit, the Planning Commission shall render a decision within thirty-five (35) days. Where the authority for an administrative decision on a use permit is assigned to the Planning Director, the Planning Director shall render a decision within fourteen(14)days ofthe acceptance of completed application. C. Report to the Planning Commission and City Council. The Planning Director shall report the discussion of the Planning Commission on a use permit or variance to the City Council at the next regular meeting or within 5 days ofthe decision,whichever occurs first. Upon rendering a decision on a use permit,the Planning Director shall report to the Planning Commission and the City Council at the next regular meeting or within 5 days of the decision,whichever occurs first. D. Notice of Decision. Upon the rendering of a decision on a use permit by the Planning Director,a notice of the decision shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site. 1 The Planning Commission shall have the authority to initially review and approve or deny an application fora Federal Exception Permit regardless ofwhether this code specifically provides fora Federal Exception Permit under those conditions when otherwise required by state or federal law. tomroa Page 20.91-3 Use Permits and Variances • 20.91.030 Notice and Public Hearing A. Public Hearings. The Planning Commission shall hold a public hearing on an application for a use permit,variance,or Federal Exception Permit. Public hearings are not.required for applications where the authority for an administrative decision on a use permit is assigned to the Planning Director. B. Timing of Hearings. A public hearing shall be held on all use permit,variance,and Federal Exception Permit applications,except as otherwise provided in this chapter, within sixty(60)days after the acceptance of a completed application. C. Required Notice. Notice of a public hearing or an administrative decision shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing or an administrative decision,notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. 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. b. Nonresidential Districts. At least 10 days prior to the hearing or an administrative decision,notice shall be mailed to the applicant and all owners of property within 300 feet,excluding intervening rights-of- way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. 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. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing or the administrative decision. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City,at least 10 days prior to the hearing. D. Contents of Notice. The notice of public hearing or of the decision of the Planning Director shall contain: • torzrioa Page 20.91.4 Use Permits and Variances 1. A description of the location of the project site and the purpose of the . application; 2. A statement of the time,place, and purpose of the public hearing or of the purpose of the administrative decision; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard at the public hearing or their rights of appeal in case of administrative decisions. E. Continuance, Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.91.035 Required Findings The Planning Commission or the Planning Director, as the case may be, shall approve or conditionally approve an application for ause permit or variance if,on the basis of the application, plans,materials,and testimony submitted,the Planning Commission or the Planning Director finds-, A. For Use Permits. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. 2. That the proposed location of the use permit and the proposed conditions Under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located;will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use;and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. 3. That the proposed use will comply with the provisions ofthis code,including any specific condition required for the proposed use in the district in which it would be located. 13. For Variances. 1. That because of special circumstances applicable to the property,including size,shape,topography,location or surroundings,the strict application ofthis to/zrroa Page 20.91-5 Use Permits and Variances code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. 4. That the granting of such application will not,underthe circumstances ofthe particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood ofthe property ofthe 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. C. For Federal Exception Permits2. 1. The Federal Exception Permit sought is handicapped-related. 2. The living group is not residing in the Dwelling or Dwellings•as a Single • Housekeeping Unit. 3. The Federal Exception Permit,if approved,would not require a fundamental alteration in the nature of a municipal program nor impose an undue financial or administrative burden on the City. . To the extent authorized bylaw,the factors the Planning Commission or the City Council on review or appeal may consider in deciding whether to grant a Federal Exception Permit include,but are not necessarily limited to: (i) whether the nature and/or extent of vehicular traffic, such as the frequency or duration of trips by commercial vehicles,would be altered to a such an extent that it would be contrary to,or violate, any relevant provision of the Newport Beach Municipal Code if the Federal Exception Permit was approved; or 2 A"Federal Exception PermiVis the narne ofthe permitand application process necessary to obtaina. "reasonable accommodation" as that term is used in the Federal Fair Housing Act Amendments (FHAA)and the case law implementing the FHAA. The application for a Federal Exception Permit shall be approved unless there is substantial evidence in the administrative record that establishes that one or more of the findings for approval cannot be made. Federal Exemption Permits are subject to the enforcement provision contained in Chapter 20.96. 1onvoa Page 20.91-6 Use Permits and Variances (ii) whether development or use standards established in the Newport Beach Municipal Code and that are applicable to other residential uses in the neighborhood would be violated; or (iii) whether a Campus would be established in a residential zone if the Federal Exception Permit were granted; 20.91.040 Conditions of Approval The Planning Commission or the PlanningDirector,as the case may be,may impose such conditions in connection with the granting of a use permit,variance,or Federal Exception Permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off- street parking facilities and prohibitions against assembly uses as determined in each case. The following conditions shall be imposed upon the issuance of any Federal Exemption Permit: A. The permittee shall limit overnight occupancy of the Dwelling Units(s)to no more than the number of occupants permitted by the provisions of Title 15 of the Newport Beach Municipal Code. B. The perrittee shall use best efforts to ensure that the occupants do not create unreasonable noise or disturbances,engage in disorderly conduct, or violate • provisions ofthis Code or any law pertaining to noise,disorderly conduct,the consumption of alcohol,or the use of illegal drugs. C. The permittee shall, upon notification that occupants and/or guests have created unreasonable noise or disturbances,engaged in disorderly conduct or committed violations of this Code or law pertaining to noise, disorderly conduct,the consumption of alcohol or the use of illegal drugs,promptly use best efforts to prevent a recurrence of such conduct. D. The permittee shall use best efforts to ensure compliance with all the provisions of Title 6 of the Municipal Code(garbage,refuse and cuttings). E. The permittee shall post, in a conspicuous place within the dwelling unit, a copy of this permit and/or the operational rules specified in this Section. 20.91.045 Effective Date Use permits,variances,and Federal Exception Permits shall not become effective for fourteen(14) days after being granted,and in the event an appeal is filed or if the Planning Commission or the City Council shall exercise its right to review any such decision under the provisions of Chapter tazrro4 Page 20.91-7 Use Permits and Variances 20.95,the permit shall not become effective unless and until a decision granting the use permit, variance or Federal Exception Permit is made by the Planning Commission or the City Council. 20.91.050 Expiration,Time Extension,Violation,Discontinuance,and Revocation A. Expiration. Any use permit, variance, or Federal Exception Permit granted in accordance with the terms of this code shall expire within twenty-four(24)months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A grading permit has been issued and grading has been substantially completed;or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required,the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a use permit, variance, or Federal Exception Permit for a period or periods not to exceed three years.An application for a time extension shall be made in writing to the Planning Director no less than thirty (30) days or more than ninety (90) days prior to the expiration date. C. Violation of Terms. Any use permit,variance,or Federal Exception Permit granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such use permit,variance or Federal Exception Permit are violated,or ifany law or ordinance is violated in connection therewith. D. Discontinuance. A use permit,variance,or Federal Exception Permit shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 1onvoa Page 20.91-9 Use Permits and Variances 20.91.055 Amendments and New Applications . A. Amendments. A request for changes in conditions of approval of a use permit, variance, or Federal Exception Permit or a change to plans that would affect a condition of approval shall be treated as a new application.The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a use permit,variance,or Federal Exception Permit is disapproved,no new application for the same, or substantially the same, use permit,variance or Federal Exception Permit shall be filed within one year ofthe date of denial of the initial application unless the denial is made without prejudice. 20.91.060 Rights of Appeal A. ApReals. Decisions of the Planning Director may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures.Procedures for appeals shall be as prescribed by Chapter20.95:Appeals. 10/17l04 i Page 20.92-1 Site Plan Review • CHAPTER 20.92 SITE PLAN REVIEW Sections: 20.92.010 Purpose 20.92.020 Projects Subject to Site Plan Review 20.92.030 Standards 20.92.040 Application for Site Plan Review 20.92.050 Notice and Public Hearing 20.92.060 Duties of the Planning Commission 20.92.070 Expiration,Time Extension,Violation,Discontinuance, and Revocation 20.92.080 Amendments and New Applications 20.92.090 Rights of Appeal 20.92.010 Purpose 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: A. Development ofproperties will not preclude implementation of specific General Plan or specific plan district objectives and policies. B. 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. C. 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. D. 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. 10/13/04 Page 20.92-2 Site Plan Review 20.92.020 Projects Subject to Site Plan Review A. Site plan review approval shall be required 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 orremodeled to increase the gross floor area by 50 percent or 2,500 square feet whichever is less,or increase the roofline or height for the following: 1. Specific Plans. Projects within the areas designated on the land use plan of the General Plan for the development of specific plan,for which a specific 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. 2. SPR Overlay District. Projects within a SPR overlay district. 3. Establishment of Grade. The establishment of grade by the Planning Commission or the City Council in accordance with Section 20.65.030(13-3). 4. Other Projects. Projects which have been designated for site plan review as • a condition of approval for a tentative subdivision map by the Planning Commission or City Council.however,no site shall be subject to site plan review unless the decision-making body finds that one of the criteria established in Section 20.55.030 is met. 20.92.030 Standards In addition to the general purposes set forth in Section 20.92.010,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: A. 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; B. 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 ofthe City; 10/13/04 Page 20.92-3 Site Plan Review' C. 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; D. Environmentally sensitive areas 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 finds that the benefits outweigh the adverse impacts; E. 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 finds that the benefits outweigh the adverse impacts; F. 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; • G. 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; H. Development shall be consistent with specific General Plan and applicable specific plan district policies and objectives, and shall not preclude the implementation of those policies and objectives; I. 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; J. When feasible, electrical and similar mechanical equipment and trash and storage areas shall be concealed; K. Archaeological and historical resources shall be protected to the extent feasible; L. Commercial development shall not have significant adverse effects on residences in an abutting residential district. • ]On3/04 Page 20.92 4 Site Plan Review 20.92.040 Application for Site Plan Review A. Procedure. An application for siteplan review shall be filed in a manner consistent with the requirements contained in Chapter 20.90: Application Filing and Fees. B. Required Plans and Materials. 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 ofoff-street parking and loading areas,the location of each parking space and loading space,and areas for Writing and maneuvering vehicles. Theplotplan 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. 20.92.050 Notice and Public Hearing A. Public Hearings. A public hearing shall be held on all site plan review applications. 10113M _Page 20.92-5 Site Plan Review • B. Required Notice. Notice of such hearing shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners ofproperty within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively,from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of owners as required by this section. b. Nonresidential Districts. At least 10 days prior to the hearing,notice shall be mailed to the applicant and all owners ofproperty within 300 feet, excluding intervening rights-of-way and waterways, of the boundaries ofthe site,as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. 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. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least 10 days prior to the hearing. C. Contents of Notice. The notice of public hearing shall contain: I. A description of the location of the project site and the purpose of the application; 2. A statement of the time,place,and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. D. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. . 10/13/04 Page 20.92-6 Site Plan Review 20.92.060 Duties of the Planning Commission A. Concurrent Review with Other Applications Where possible,site plan review shall be combined with review of other project applications such as, but not limited to, General Plan amendments,zone changes,and tentative subdivision maps. B. Project Approval. 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. Exception.The City Council shall have final decision-making authority on the applications for site plan review filed concurrently with amendments to the general plan,zoning code,or a planned community development plan or with a development agreement. C. If the development is disapproved, the Commission shall specify the standard or standards that are not met. D. Repo to the City Council. The Planning Director shall report the discussion of the Planning Commission on a site plan review to the City Council at the next regular meeting or within 5 days of the decision,whichever occurs first. 20.92.070 Expiration,Time Extension,Violation,Discontinuance,and Revocation A. Expiration. Any site plan review granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: i. A grading permit has been issued and grading has been substantially completed;or 2. A building permit has been issued and construction has commenced;or 3. A certificate of occupancy has been issued;or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required,the time period shall not begin until the effective date of approval of the coastal permit. Page 20.92-7 Site Plan Review • B. Time Extension. The Planning Director may grant a time extension for a site plan review for a period or periods not to exceed 3 years. An application for a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of Terms. Any site plan review granted in accordance with the terms of this code 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. D. Discontinuance. Any site plan review shall lapse ifthe exercise ofrights granted by it is discontinued for 180 consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.92.080 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of site plan review, or a change to plans that would affect a condition of approval, shall be treated as a new application. The Planning Director may waive the requirement for a new application ifthe changes are minor,do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a site plan review is disapproved,no new application for the same,or substantially the same,the site plan review shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 20.92.080 Rights of Appeal A. Appeals. Decisions of the Planning Commission may be appealed to the City Council. B. Procedures.Procedures for appeals shall be as prescribed by Chapter 20.95:Appeals. • 10/13/04 Page 20.93-1 Modification Permits CHAPTER 20.93 MODIFICATION PERMITS Sections: 20.93.010 Purpose 20.93.015 Authority 20.93.020 Application for a Modification Permit 20.93.025 Notice and Public Hearings 20.93.030 Required Findings 20.93.035 Duties of the Zoning Administrator 20.93.040 Conditions of Approval 20.93.045 Effective Date 20.93.050 Expiration,Time Extension, Violation,Discontinuance,and Revocation 20.93.055 Amendments and New Applications 20.93.060 Rights of Appeal and Review 20.93.010 Purpose This Chapter provides administrative reliefthrough a Modification Permit for certain development proposals where there is a practical difficulty or physical hardship.This article achieves the purposes of this code by establishing procedures for approval, conditional approval and disapproval for a Modification Permit. Additionally, this Chapter establishes procedures for the administration of minor discretionary items where the authority is assigned to the Zoning Administrator by the individual chapters ofthe Municipal Code or by action ofthe Planning Commission or City Council. 20.93.015 Authority A. Modification Permits. The Zoning Administrator shall approve, conditionally approve, or disapprove applications for Modification Permits relating to the following code provisions,subject to the submitted application,plans,materials,and testimony and findings in Section 20.93.030: 1. Required building setbacks in front,side or rear yards; 2. Heights of walls,hedges or fences; 3. Distances between buildings; 4. Area,number and height of signs not requiring an exception permit or limited by Planned Community District regulations; tvz3ioa Page 20.93.2 Modification Permits 5. Roof signs and off-site signs in accordance with Chapter 20.67; 6. Structural appurtenances or projections which encroach into front, side or rear yards; 7. Location of accessory buildings on a site;the construction or installation of chimneys,vents,rooftop architectural features and solar equipment in excess of permitted height limits; 8. Size or location of parking spaces or access to panting spaces; 9. Swimming pool and swimming pool equipment encroachments; 10. Roof parking of automobiles in nonresidential districts; 11. Minor modifications and improvements to nonconforming buildings; B. Other Applications. The Zoning Administrator may approve,conditionally approve, or disapprove the following applications,subject to the submitted application,plans, materials, and testimony and applicable findings in the referenced sections of the Municipal Code: 1. Lot line adjustments, in accordance with Chapter 19.76 of Title 19 (Subdivision Code); 2. Tentative parcel maps, in accordance with Chapter 19,12 of Title 19 (Subdivision Code); 3. Condominium conversions involving four or less units, via approval of a tentative parcel map in accordance with Chapter 20.83 and Title 19 (Subdivision Code); and 4. Such items as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council, The Zoning Administrator shall also pass upon all requests to extend existing use permits which have been approved by the Planning Commission and exercised by the applicant. 20.91020 Application for a Modification Permit A. Procedure.An application for a modification permit shall be filed and processed in a manner consistent with the requirements contained in Chapter 20,90: Application Filing and Fees. tanaroa Page 20.93-3 Modification Permits B. Required Plans and Materials. An application for a modification permit shall be accompanied by the following: 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,the materials described in Chapter 19.76 of Title 19 (Subdivision Code). 5. In the case of a tentative parcel map,the map and other materials described in Title 19 (Subdivision Code). 20.93.025 Notice and Public Hearing A. Tentative Parcel Maus.Notwithstanding other provisions ofthis Section,notice and hearing procedures for tentative parcel maps shall be as specified in Chapter 19.08 of • Title 19 (Subdivision Code). B. Time of Hearing. Upon receipt of a complete application, a time and place for a public hearing shall be scheduled according to the provisions set forth in Chapter 20.90. C. Required Notice. 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing,notice shall be mailed to the applicant and all owners ofproperty within 300 feet of the boundaries ofthe site,as shown on the last equalized assessmentroll or, alternatively, from such other records as contain more recent addresses. 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. b. Nonresidential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights-of-way and waterways, of the boundaries ofthe site,as shown on the last equalized assessment roll or, alternatively,from such other records as contain more recent addresses. 0 _ 12/23/04 Page 20.934 Modification Permits It shall bethe responsibility oftheapplicantto obtain andprovidetothe City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. D. Contents of Notice. The notice of public hearing shall contain: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time,place, and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. E. Continuance. Upon the date set for a public hearing before the Zoning Administrator,the Zoning Administrator may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.93.030 Required Findings The Zoning Administrator may approve or conditionally approve a modification permit if,on the basis of the application,plans,materials,and testimony submitted,the Zoning Administrator finds all of the following: A. The granting ofthe application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. B. The requested modification will be Compatible with existing development in the neighborhood. C. The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. tarzaroa Page 20.93.5 Modification Permits • 20.93.035 Duties of the Zoning Administrator A. Investigation. The Zoning Administrator shall investigate each application to assure that the proposal is consistent with the intent and purpose of this chapter, all applicable regulations and policies, and sound planning practices. The Zoning Administrator shall refer each application to the Building Department and Public Works Department,and to other city departments as needed. Each department shall make written recommendations to the Zoning Administrator. B. Rendering of Decision. After the conclusion of the hearing on any application for a modification permit,the Zoning Administrator shall render a decision within 15 days unless both the applicant and the Zoning Administrator consent to a later date. When addressing the finding in Section 20.93.030(A),the Zoning Administrator may consider the physical aspects of the property and/or improvements and their relationship to adjacent properties. In addressing the finding in Section 20.93.030 (B), the Zoning Administrator may consider the sum of qualities that distinguish the neighborhood from other areas within the City. However,the Zoning Administrator may only consider such characteristics as they relate to direct impact of the proposed modification on the neighborhood's character and not development rights that would otherwise be enjoyed without the Modification Permit. In addressing the finding in Section 20.93.030 (C), the Zoning Administrator may consider the potential adverse impacts on persons or property in the vicinity. These include,but are not limited to,modifications that would significantly interfere with provision of adequate air and light on an adjacent property,adversely impact use ofa public right-of-way, impede access by public safety personnel, result in excessive noise, vibration, dust, odors, glare, or electromagnetic interference, interfere with safe vehicular sight distances,or result in a substantial invasion of privacy. C. Referral to Planning Commission. In the event the Zoning Administrator determines that an application should properly be heard by the Planning Commission, the Zoning Administrator 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. D. Administrative Act. The granting of any modification permit,when conforming to the provisions of this code,is hereby declared to be an administrative function,the authority and responsibility for performing which is imposed upon the Zoning Administrator.The action thereon by the Zoning Administrator shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this code shall apply in special cases,as provided in this section,and shall not be 12n3/04 I r Page 20.93.6 ModificalionTennits construed as amendments to the provisions ofthis code or the districting map of the City. E. Meetings. The Zoning Administrator shall hold at least one regular meeting each month and may hold special meetings as necessary. 20.93.040 Conditions of Approval The Zoning Administrator may impose such conditions in connection with the granting of a modification permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. 20.93.045 Effective Date 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 modification permits shall be within 14 calendar days after the date of the Zoning Administrator's decision. In the event an appeal is filed,the modification permit shall not become effective unless and until a decision is made by the Planning Commission on such appeal,under the provisions of Chapter 20.95.No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal. 20.93.050 Expiration)Time Extension,Violation,Discontinuance,and Revocation A. Expiration. Any modification permit granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A grading permit has been issued and grading has been substantially completed;or 2. A building permit has been issued and construction has commenced;or 3. A certificate of occupancy has been issued;or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required,the time period shall not begin until the effective date of approval of the coastal permit. 120/04 Page 20.93-7 Modification Permits • B. Time Extension. The Planning Director may grant a time extension for a modification permit for a period or periods not to exceed 3 years. An application for a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of terms. Any modification permit granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such modification permit are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A modification permit shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.93.055 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a modification permit,or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application ifthe changes are minor,do not involve substantial alterations or addition • to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a modification permit is disapproved, no new application for the same,or substantially the same,modification permit shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 20.93.060 Rights of Appeal A. !weals. Decisions of the Zoning Administrator may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures.Procedures for appeals shall be as prescribed by Chapter 20.95:Appeals. • 17J23/04 20.-Page 4-1 -- 9 Amendments CHAPTER 20.94 AMENDMENTS Sections: 20.94.010 Method of Amendment 20.94.020 Initiation of Amendments 20.94.030 Notice and Public Hearings 20.94.040 Duties of the Planning Commission 20.94.050 Duties of the City Council 20.94.010 Method of Amendment This code may be amended by changing the boundaries of districts or by changing any other pro- visions thereofwhenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this chapter. 20.94.020 Initiation of Amendments • A. Zoning Regulations. Amendments to the zoning regulations shall be initiated by the adoption of a resolution of intention by either the Planning Commission or the City Council. B. Districting May Amendments to the Districting Map shall be initiated by the adoption of a resolution of intention by either the Planning Commission or the City Council or by application of the owner or authorized agent ofthe property for which the change is sought. If property that is the subject of an application is in more than one ownership, all the owners or their authorized agents shall join in filing the application. 20.94.030 Notice and Public Hearings A. Public Hearing. The Planning Commission shall hold at least one public hearing on any proposed amendment. B. Required Notice. Notice of such hearing shall be given as follows: 1. Mailed or Delivered Notice. In case the proposed amendment consists of a change so as to reclassify any property from any district to any other district or affects the permitted uses of real property, at least 10 days prior to the '. � 10113/04 Page 20.44-2 Amendments hearing,notice shall be mailed to the applicant,the property owner, and all 16 owners ofproperty within 300 feet,excluding intervening rights-of-way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses.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 1000,the Planning Director,athis discretion,in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper ofgeneral circulation within the City at least 10 days prior to the hearing. In cases involving amendments to the Districting Map,notice shall be given by mail to the owner of property that is the subject of the proposed amendment. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least 10 days prior to the hearing. 4. Notice to Affected Community and Business Associations. Inaddition,when applicable,the community and/or business association representing the area in which the affected property is located shall also be notified as provided herein. C. Contents of Notice. The notice of public hearing shall contain: 1. A brief description of the amendment. 2. A statement of the time,place, and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. D. Continuance. Upon the date set for a public hearing before the Planning Commission,the Planning Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. tai3raa l Page 20.94-3 Amendments • 20.94.040 Duties of the Planning Commission A. Action by the Planning Commission. Following the hearing provided for by Section 20.94.030, the Planning Commission shall approve or disapprove the proposed amendment. B. Report to the City Council. 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 90 days after the first published notice ofthe 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 Planning Commission. C. Denial by Planning Commission. Ifthe proposed amendment is disapproved,no further action shall be taken thereon, unless appealed to the City Council under the provisions of Chapter 20.95:Appeals. 20.94.050 Action by City Council A. Hearing Date and Notice. Upon receipt of such report from the Planning Commission, or upon the expiration of the time limit prescribed in Section 20.94.040,or upon the filing of any appeal,the City Council shall set the matter for at least one public hearing giving notice thereof as prescribed in Section 20.94.030. B. Time of Hearing. The decision of the City Council shall be rendered within 60 days after the receipt of a report and recommendation of approval from the Planning Commission or after the expiration ofthe time limit prescribed in Section 20.94.040, or within 60 days after the filing of any appeal. C. Notice to the Planning Commission. 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. D. Action by the City Council. 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. ;l� 10/13/04 Page 20.95-1 Appeals • CHAPTER 20.95 APPEALS Sections: 20.95.010 Purpose and Authorization for Appeals 20.95.020 Rights of Appeal 20.95.030 Appeals of Decisions on Tentative Maps 20.95.040 Time Limits for Appeals 20.95.050 Initiation of Appeals 20.95.060 Procedures for Appeals 20.95.010 Purpose To avoid results that are inconsistent with the purposes of this code, decisions of the Planning Director and the Zoning Administrator may be appealed to the Planning Commission,and decisions of the Planning Commission may be appealed to the City Council. 20.95.020 Rights of Appeal Appeals may be initiated by any interested party, unless otherwise prescribed in the individual chapters of this code. 20.95.030 Appeals of Decisions on Tentative Maps Notwithstanding other provisions ofthis Chapter,procedures and time limits for appeals of decisions on tentative tract maps and tentative parcel maps shall be as specified in Chapter 19.08 of the Subdivision Code. 20.95.040 Time Limits for Appeals Appeals shall be initiated within 14 days of the decision. Exception: Any member of the City Council may extend the appeal time limit to the next scheduled meeting ofthe City Council. The extension ofthe appeal time limit shall be made within 14 days of the decision at a regularly scheduled City Council meeting or by written request to the Planning Director or the City Clerk. 20.95.050 Initiation of Appeals 12/23/04 Page 20.95-2 Appeals A. Filing of Appeals. Except for an appeal authorized by Subsection C,the appeal of a decision of the Planning Director or of the Zoning Administrator shall be made in writing to the Planning Director and appeals of decisions of the Planning Commission shall be made in writing to the City Clerk. 13. Fee. Appeals shall be accompanied by a fee as established by resolution ofthe City Council. Exception No fee shall be required for appeals filed under Section 20.95.050(C). C. Apoeals by Elected or Appointed Officials. 1. Planning Commission. Any member of the Planning Commission may initiate an appeal of a decision of the Zoning Administrator or the Planning Director to the Planning Commission by a written request to the Planning Director and shall specifically state the grounds for the appeal. 2. City Council. The City Council,on its own motion and adopted by majority vote,may initiate an appeal of a decision of the Zoning Administrator,the Planning Director, or the Planning Commission. Any such motion shall specifically state the grounds for the appeal. D. Effect on Decisions. A decision that is appealed shall not become final and effective until the appeal is considered and decided by the Planning Commission or City Council,as appropriate. 20.95.060 Procedures for Appeals A. Hearing Date. A hearing onthe appeal shall be'held before an appellate body within 60 days of the date the appeal is filed. The hearing may be scheduled more than 60 days after the appeal is filed,provided both the applicant and the appellant or the appellate body consent to a later date. B. Notice and Public Hearing. An appeal shall be considered at a public hearing and notice of the public hearing shall be given in the manner required for the decision being appealed. C. Hearing. The public hearing on an appeal shall be conducted"de novel'in that the decision that has been appealed has no force or effect as of the date on which the appeal was filed. The appellate body is not bound by the decision that has been appealed or limited to the issues raised on appeal. The appellate body shall hear testimony of the appellant, the applicant, and any other interested party. The 1?/23l04 Page 20.95-3 Appeals • appellate body shall consider only the same application, plans, and project related materials that were the subject of the original decision, unless otherwise deemed relevant by the appellate body. D. Decision and Notice. The appellate body shall,after considering all of the evidence presented at the hearing and within 30 days after the public hearing is closed, approve,modify,or disapprove,in whole or in part,the permit or approval that forms the basis of the appeal and shall make the findings required by this Code in support of the decision. The Planning Director shall mail notice of a Planning Commission decision and the City Clerk shall mail a notice of a City Council decision. The notice shall be mailed to the applicant and the appellant of the decision within 5 working days after the date of the decision. 12/23/04 Page 20.96-1 Enforcement • CHAPTER 20.96 ENFORCEMENT Sections: 20.96.010 Responsibility for Enforcement 20.96.020 Penalty for Violations 20.96.030 Declaration of Nuisance-Abatement 20.96.040 Revocation of Discretionary Permits 20.96.050 Effect of Remedies 20.96.010 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 code and shall issue no permit or license for uses,buildings or purposes in conflict with the provisions of this code;and any such permit or license issued in conflict with the provisions ofthis code shall be null and void.It shall be the duty of the Building Inspector to enforce the provisions of this code pertaining to the creation,construction,reconstruction,moving,conversion,alteration or addition to any building or structure. 20.96.020 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 code 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 150 days,or by both such fine and imprisonment. Such person,firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation ofthis code is committed or continued by such person,firm or corporation and shall be punishable as herein pro- vided. 20.96.030 Declaration of Nuisance;Abatement Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this code, and any use of any land,building or premises established,conducted,operated or maintained contrary to the provisions ofthis code,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 17/23/04 Page 20.96-2 Enforcement 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, building,maintaining,or using any such building contrary to the provisions of this code. 20.96.040 Revocation of Discretionary Permits A. Duties of the Planning Director. Upon the determination by the Planning Director that there are reasonable grounds for revocation of a use permit,variance,site plan review,modification permit,or other discretionary approval authorized by this code, a revocation hearing shall be set by the Planning Director,the Zoning Administrator, the Planning Commission,or the City Council,whichever took final previous action on the permit, except for appeals. B. Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit,none shall be required for the revocation hearing,provided that notice shall be mailed to the applicant at least 10 days prior to the hearing. C. Contents of Notice. The notice of public hearing shall contain: 1. A description of the location of the project site and the purpose of the hearing; Or- 2. A statement of the time,place,and purpose of the public hearing; I A statement that any interested person or authorized agent may appear and be heard. D. Hearing. The person or body conducting the hearing shall hear testimony of City staff and the applicant, if present. At a public hearing,the testimony of any other interested person shall also be heard. A public hearing may be continued without additional notice. E. Reouired Findings. The person or body conducting the hearing shall revoke the permit upon making one or more of the following findings: 1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation; 2. That the terms or conditions of approval ofthe permit have been violated or that other laws or regulations have been violated. 3. That there has been a discontinuance of the exercise or the entitlement granted by the permit for 180 consecutive days. IM3I04 Page 20.96.3 Enforcement F. Decision and Notice. Within 10 days of the conclusion ofthe hearing,the person or body that conducted the hearing shall render a decision,and shall mail notice of the decision to the applicant. G. Effective Date. The decision to revoke a discretionary permit shall become final 10 days after the date of decision,unless appealed. H. Rights of Appeal. Appeals shall be as prescribed by Chapter 20.95: Appeals. 20.96.050 Effect of Remedies The remedies provided for herein are cumulative and not restrictive. 12/23l04