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HomeMy WebLinkAbout1994_Title 20Chapters: 20.01 20.02 20.03 20.06 20.07 20.08 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.30 20.31 20.32 20.33 PLANNING AND ZONING Title 20 PLANNING AND ZONING' PART I. GENERAL PROVISIONS Purpose of Title-Districts Designated Height Limits Report of Resideutial Building Records Sign Ordinance Floor Area Ratios and Building Bulk Transportation Demand Management Ordinance PART II. RESIDENTIAL DISTRICTS General Controls-Residential Districts Residential Development Standards R-A District R -1 District R-1.5 District R-2 District R-3 District R-4 District "·B" District Multi-family Residential (MFR) District Mobile Home Parks PART III. COMMERCIAL DISTRICTS General Controls-Commercial Districts A· P District C-N District Commercial District Regulations 1. Additional sign regulations -See Chapter 15.16 of this code. Subdivision regulations -See Title 19 of this code. Prior hislory: 1949 Code§§ 9101.0-9101.2, 9102.0-9102.3, 9103-9103.98, 9104.1-9104.31, 9105 -9105.1, 9105.3 -9105.9, 9106.1 -9106.54, 9107.1 -9107.45, 9108.1 -9108.15, 9109.1-9109.4, 9110.1, 9112.1, 9124-9128, and 9209.5; and Ords. 635, 715, 804, 845, 901, 909, 913, 924, 925, 932, 935, 937, 952, 955, 974, 984, 1001, 1011, 1016, 1025, 1031, 1034, 1037, 1052, 1057, 1059, 1076, 1114, 1115, 1127, 1130, 1134.1152, 1158, 1170, 1172, 1175, 1176, 1193, 1202, 1240, 1248, 1266, 1268, 1272, 1292, 1378, 1379,1380, 1396,1398, 1404,1408, 1411, 1414, 1415, 1441, 1446, 1451, 1454, 1464, 1465, 1480,1481, 1485, 1486, 1493, 1494,1497,1500,1502, 1505, 1509, 1516, 1523, 1529, 1540, 1547,1548, 1551, 1554, 1556, 1566, 1579, 1591, 1611, 1623, 1624, 1629, 1640 and 1656. 401 (Newport Beach 11-94) PLANNING AND ZONING 20.34 C-0 District 20.35 C-1 District 20.36 C-2 District 20.37 Residential Overlay (·R) District PART IV. INDUSTRIAL DISTRICTS 20.40 General Controls-Industrial Districts 20.41 M-1 District 20.42 M-1-A District PART V. SPECIAL PLANNING DISTRICTS 20.50 Planned Residential Development 20.51 Planned Community District 20.52 Open Space District 20.53 U District 20,54 G-E-1-F' District PART VI. SPECIF'IC AREA PLANS 20.60 Specific Plan District 20.61 Specific Plan (Newport Shores) 20.62 Specific Plan District (Mariners' Mile) 20.63 Specific Plan District (Cannery Village/McF'adden Square) ( 20.64 Specific Plan District (Santa Ana Heights) \ 20.65 Specific Plan District (Central Balboa) PART VII. SPECIAL USE REGULATIONS 20.68 Massage Establishment 20.69 Low and Moderate Income Housing Within the Coastal Zone 20.70 Automobile Service Stations 20.71 Oil Wells 20.72 Restaurants 20.73 Residential Condominium Projects 20.74 Adult Entertainment Businesses 20;75 Satellite Dish Antennas 20.76 Time-Share Developments 20.77 Amateur Radio Antennas 20.78 Granny Units 20.79 Second F'amily Units PART VIII. ADMINISTRATION 20.80 Permits 20.81 Modifications Committee (Newport Beach 11·94) 402 PLANNING AND ZONING 20.82 Variances 20.83 Nonconforming Structures and Uses 20.84 Amendments 20.85 Appeals 20.86 Enforcement 20.87 Definitions 402-1 (Newport Beach 2-91) PURPOSE OF TITLE 20.01.010--20.01.025 PART I. GENERAL PROVISIONS Chapter 20.01 PURPOSE OF TITLE -DISTRICTS DESIGNATED Sections: 20.01.010 20.01.015 20.01.020 20.01.025 20.01.030 20.01.035 20.01.040 20.01.045 20.01.046 20.01.050 20.01.055 20.01.060 20.01.065 20.01.070 20.01.075 Short Title. Purpose of Title. Master Plan-Establishment of Districts. Compliance Required. Effect and Intent of Title. Pennit or License Provisions Not Affected. Districts Designated. Special Districts Designated. District Symbols. Map Adopted by Reference. Right-of-way Boundaries. Mapped Streets. Mapped Streets-Exclusions. Site Plan Review. Use Pennit Required-Specific Plan Areas. 20.01.010 Short Title. This Title shall be known and cited as the Zoning Law of the City of Newport Beach. (Ord. 1657 (part), 1976). 20.01.015 Purpose of Title. The purpose of this Title is to promote the growth of the City of Newport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic stability of all districts within the City, and to assure the orderly and beneficial development of such areas. (Ord. 1657 (part), 1976). 20.01.020 Master Plan -Establishment of Districts. The Zoning or Districting Plan effectuated by this Title is a part of the Master Plan and consists of the establishment of various districts including all the territory within the boundaries of the City, within which the use of land and buildings, the space for buildings and the height and bulk of buildings are regulated. (Ord. 1657 (part), 1976). 20.01.025 Compliance Required. No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as pennitted by and in confonnance wit11 this Code and all other Ordinances, laws and maps referred to therein. (Ord. 1657 (part), 1976). 403 (Newport Beach 2-93) 20.01.030-20.01.040 PLANNING AND ZONING 20.01.030 Effect and Intent of Title. When interpreting and applying the provisions of this Title, it shall be held to represent the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by the adoption of this Title to repeal or in any way to impair or interfere with any existing provision of law of the City of Newport Beach, or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any legal building or improvement; nor is it intended by this Title to interfere with or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this Title imposes greater restrictions than are imposed or required by other easements, covenants or agreements, then in such cases the provisions of this Title shall control. (Ord. 1657 (part), 1976). 20.01.035 Permit or License Provisions Not Affected. Nothing herein contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license or both to cover any business, trade or occupation. (Ord. 1657 (part), 1976). 20.01.040 Districts Designated. The several general districts established are as follows: Agricultural-Residential District or R-A District. Single-Family Residential District or R-1 District. R-1.5 District. Duplex Residential District or R-2 District. Restricted Multiple-Family Residential District or R-3 District. Multiple Residential District or R-4 District. Multi-Family Residential or MFR District. Administrative and Professional District or A-P District. Neighborhood Commercial District or C-N District. Retail Service Commercial or RSC District. Administrative, Professional and Financial Commercial or APP District. Recreational and Marine Commercial or RMC District. C-0 District. Light Commercial or C-1 District. General Commercial District or C-2 District. Manufacturing District or M-1 District. Controlled Manufacturing District or M-1-A District. Open Space District or OS District. Unclassified or U District. Specific Plan District or SP District. Planned Community District or PC District. (Ord. 92-46 § I, 1992: Ord 89-28 § 3, 1989: Ord. 1657 (part), 1976). (Newport Beach 2-93) 404 PURPOSE OF TITLE 20.01.045 20.01.045 Special Districts Designated. In the addition to the general districts established above, the following special districts are established which, when combined with the above general districts, establish additional special regulations: 404-1 (Newport Beach 2-93) PURPOSE OF TITLE 20.01.046 Combining or "-B" District. Combining or "-H'' District. Combining or "-Z" District. Planned Residential Development. Mobile Home Park or "-MHP" Overlay District. Site Plan Review or "-SPR" Overlay District. Residential or "-R" Overlay District. (Ord. 90-30 § 2, 1990: Ord. 90-23 § 1 (part), 1990: Ord. 165 7 (part), 197 6). 20.01.046 District Symbols. In addition to the district designations established under Sections 20.01.040 and 20.01.045, the following symbols are established for the purpose of designating floor area limitations and resi- dential 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 per- mitted for the area designated. Where the number of square feet, rather than floor area ratio is specified, the number of square feet shall be followed by the letters sf. Examples: "C-1 [0.5]" shall indicate that a fixed floor area ratio of 0.5 is permitted, as provided under Section 20.07.040 A. "C-1 [0.5/.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 20.07.040 B. "C-1 [5,200 sf]" shall indicate that a total of 5,200 square feet of development is permitted in the area specified. (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 dwell- ing units, rather than square feet of land area per unit, is specified, the number of units shall be followed by the letters du. Example: "MFR (2178)" shall indicate that one dwelling unit is per- mitted for each 2, 178 square feet of land area included in density calculations per Section 20.19.035 B; 405 (Newport Beach 9·90) 20.01.050-20.01.060 PLANNING AND ZONING "MFR (28 du)" shall indicate that a total of 28 dwelling units are permitted in the area specified. Notwithstanding dwelling unit limitations defined on the Districting Maps enabled above, dwelling unit limits for senior citizen housing facilities (where residency is limited to elderly persons) shall be as specified at the time a use permit is granted for a senior citizen housing facility. (Ord. 90-28 § 1 (part), 1990: Ord. 89-19 § 3 (part), 1989: Ord. 87-38 § 1, 1987: Ord. 83-2 § 1, 1983). 20.01.050 Map Adopted by Reference. The designations, location and boundaries of the districts established are delineated upon the maps entitled "Districting Map for the City of Newport Beach, California," dated Novem- ber 27, 1950, which maps and any additional maps subsequently adopted and all notations and information thereon are hereby inade a part of this Title by reference. (Ord. 1657 (part), 1976). 20.01.055 Right-of-way Boundaries. Any district adjoining any right-of-way extends to the center of such right-of-way. (Ord. 1657 (part), 1976). 20.01.060 Mapped Streets. A. DEFINITIONS. For the purpose of this ( section the following terms, phrases, words and their derivations shall have the primary meanings given herein: (I) "Applicant" shall mean any person applying for a building permit Within this City. (2) "Building line" shall mean that certain line established by the City Council as herein provided. Within the area of a lot between such building line and an abutting street right-of-way, no structure shall be erected, constructed or maintained except as set forth herein. (3) "Building setback area" shall mean the area of a lot between the building line and abutting street right-of-way, extending the full width of such lot. (4) "Gender." Any gender includes the other gender. (5) "General plan" shall mean a general plan or precise plan approved by the Qty Council in accordance with applicable state law. (6) "Lot" shall mean any lot, parcel or other real property situated Within the City. (7) "Mapped street" shall mean a future street which is laid out and delineated on the General Plan of the City, and on a map of such size, scale and detail that the precise alignment of such street is ascertainable, and shall mean any local, secondary, primary, or major street, whether existing or proposed, shown on map entitled "Master Plan, City of Newport Beach, California, Street and Highway," adopted by City Council Resolution No. 5224 on April 25, 1960, and all amendments thereto heretofore adopted. (Newport Beach 9-90) 406 PURPOSE OF TITLE 20.01.060 (8) "Notice of appeal" shall mean a written statement filed on a prescribed form, appealing to the City Council an action or decision of the Planning Commission hereunder. (9) "Written notice" shall mean a notice in writing, deposited in the United States mail, postage prepaid, addressed to the last known address of the designated addressee. (I 0) "Owner" shall mean any person entitled to the use or possession of real property. (I I) "Person" shall mean any individual, firm, partnership, association, corporation, company or organization of any kind, including public agencies. (12) "Shall" and "may" mean mandatory and permissive, respectively. (13) "Singular" and "plural." The singular includes the plural and the plural includes the singular. (14) "Street" shall mean any street, highway, avenue, boulevard, road, alley, right-of-way, lane, place, Square, walk or other public way which heretofore has been, or may hereafter, be dedicated or otherwise acquired by this city or other governmental agency for public street purp.oses. 406a (Newport Beach 9-90) PURPOSE OF TITLE 20.01.060 ( 15) "Structure" and "building" are synonymous and shall mean anything constructed or erected from an assembly of materials or component parts and which is attached or affixed to realty or which is intended to rest other than temporarily thereupon, or which is attached to something having a fixed location on or below the ground. (16) "Tenses." The present tense includes the past and future tenses, and where applicable vice versa. B. BUILDING LINES. Where a lot abuts a public street, a building line is hereby established on said lot parallel to the front lot line thereof and located, measured from the existing center of said street, a distance equal to the required depth of the front yard of said lot (as prescribed by the zoning ordinance), plus a distance equal to 1/2 of the ultimate width of said abutting street as such ultimate width is shown on the General Plan. C. PROTECTION OF RIGHTS-OF-WAY FOR FUTURE WIDENING OF EXISTING STREETS AND FOR MAPPED STREETS. (I) Establishment of future streets. In accordance with applicable provisions of state law, the City Council may designate and delineate mapped streets and make the same as part of the General Plan. When any such mapped street has been so established, no person shall construct, install or maintain any structure within the right-of-way thereof, except as hereinafter specifically provided. (2) Building lines on partially dedicated streets. Where a lot or lots abut a street or streets upon which there has been a previous determination by the Planning Commission and City Council that only a portion of the ultimate street width has been acquired, the City Council shall determine the precise ultimate street width and shall adopt the same as a mapped street on the General Plan, and thereafter such alignment shall be the basis for the establishment of a building line, as provided in Section 20.0 l.060B hereof. (3) Amendment of the General Plan. Proceedings to amend the General Plan by the designation of mapped streets for proposed widenings along any existing street or portion thereof or for any future street may be initiated by the Planning Commission, by the City Council, or by any person filing a petition therefor with the Planning Commission. The Planning Commission shall thereupon process the matter as an amendment to the General Plan. 406-l (Newport 13each 10"87) PURPOSE OF TITLE 20.01.060 Upon rece1vmg such a recommendation of the Planning Commission and whenever the public peace, health, safety, interest or welfare is found to so require, the City Council may establish the proposed width of such street or streets, and the alignment of such future streets, and thereupon shall cause the General Plan to be amended accordingly as provided by state law. D. BUILDING PERMITS; RESTRICTIONS. No building permit shall be issued for the construction of any structure in any building setback area, or in the right-of-way of any mapped street. Temporary structures such as walls, fences, signs or other easily removable structures, involving a cost of not to exceed One 1bousand Dollars ($1,000), may be permitted in such area with the approval of the Comnnmity Development Director. E. ADMINISTRATIVE RELIEF. (I) Hearings. Any applicant aggrieved by the denial or conditional approval of a building permit pursuant to Section 20.01.0600 hereof may, by written notice, request a hearing on such matter before the Planning Commission. The Planning Commission shall thereupon, and within forty (40) days thereafter, hold a hearing at which the applicant and other interested persons shall be given the opportunity to be heard. At least ten (I 0) days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed by certified mail to the applicant and to any other person requesting such notice. a. The Planning Commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true: That the denial of the building permit,. because of the nature of the land or other unique circumstances, will cause substantial damage to the applicant; or that, in balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, it is determined that the issuance of the building permit is required in the interests of justice and equity. b. The Planning Commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true: That the applicant will not be substantially damaged by relocating the proposed structure on the lot elsewhere than in the building setback area or in the mapped street; or that, in balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would accrue from so using the property. c. The Planning Commission may attach reasonable conditions to its decision. d. The applicant shall be given written notice of the action taken by the Planning Commission. (2) Appeals. Any person dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within twenty-one (21) days after the date of the mailing of the notice of the decision of the Planning Commission. 407 (Newport Beach 8-81) 20.01.065 PLANNING AND ZONING The City Council shall set the matter before it within thirty (30) days; and shall, at least ten (10) days prior to the date fixed for the hearing, cause written notice of the time and place thereof to be given to the appelJant, the applicant and to any other person requesting the same. The procedure before the City Council shall be the same as for the Planning Commission, and the applicant and appellant shall be notified of the decision of the City Council. F. ACQUISITION. After exhaustion of administrative relief as provided in Section 20.0l .060E(2) hereof, any applicant dissatisfied with the final decision may, by written notice filed within fifteen (15) days after the date of the mailing of the notice of the decision of the City Council, demand that the City acquire, by eminent domain or other available proceeding, the land belonging to the applicant and located within the right-of-way of the mapped street. Upon failure of the City Council, within six (6) months thereafter, to commence such acquisition proceedings, or thereafter with reasonable diligence to prosecute the same to completion, the applicant may reapply for such building permit and thereupon such building permit shall be issued. The provisions of subsections E and F above shall not apply where the dedication of the building setback area or right-of-way of any mapped street has been required as a condition of approval of a subdivision or use permit. G. EXISTING STRUCTURES; RETROACTIVITY. Structures existing on building setback areas and in mapped streets on the effective date of this section shall be deemed to be legal nonconforming structures, subject to the regulations, limitations, abatement and amortization provided in the Zoning Law. H. COMPLIANCE WITH OTHER LAW. This section shalJ not permit the construction, erection, placing or maintenance of any structure at any place where the same is prohibited by any other law, regulation or ordinance. I. The provisions of this section shall not apply to the installation of underground public utility facilities except to the extent that the location of such facilities shall be approved by written permit from the City Engineer. (Ord. 1657 (part), 1976). 20.01.065 Mapped Streets -Exclusions. The hereinafter described por- tions of mapped streets as shown on that map entitled "Master Plan, City of Newport Beach, California, Street and Highway," adopted by City Council Resolution No. 5224, shall be excluded from the provisions of Sec- tion 20.01.060 unless hereafter so designated as mapped streets as provided herein: (a) Balboa Boulevard between 45th and 32nd Streets. (b) Balboa Boulevard between Alvarado Street and 6th Street. (c) Newport Boulevard between 30th Street and McFadden Place. (d) Irvine Avenue between 16th Street and Cliff Drive. (e) Marguerite Avenue between 5th Avenue and Ocean Boulevard. (Ord. 1657 (part), 1976). (Newport Beach 8-81) 408 PURPOSE OF TITLE 20.01.070 20.01.070 Site Plan Review. A. PURPOSE. The City Council finds that developments in certain sensitive areas may have potentially adverse effects on the surrounding area or on sensitive resources, or may interfere with the imple- mentation of specific objectives of the General Plan or Specific Area Plans. 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 Sub-section C, within an SPR Overlay District to insure that the project conforms to the objectives of the General Plan. B. FINDINGS. The City Council finds, determines and declares that the establishment of Site Plan Review procedures contained in this Section pro- motes the health, safety, and general welfare of the community by ensuring that: (I) Development of properties in the SPR Overlay District will not preclude implementation of specific General Plan or Specific Area Plan objec- tives and policies. (2) The value of property is protected by preventing development charac- terized 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 impair- ment of the benefits of occupancy and use of existing properties in such area. (3) The benefits derived from expenditures of public funds for improve- ment, acquisition and beautification of streets, parks, and other public facilities are maximized by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. ( 4) Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. C. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area or increase the roofline or height, within the SPR Overlay District or other property which has been designated for Site Plan Review as a condition of approval for a resubdivision or tract map by the Planning Commission or City Council, and the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.02.026. Except as provided in Chapter 20.60, Specific Plan District, no site shall be placed in the SPR Overlay District or be otherwise subject to Site Plan Review unless one of the following criteria is met: (1) The site contains areas having a slope in excess of26.6 degrees (50% slope). (2) The site contains or is immediately adjacent to coastal bluffs. (3) Development of the site has the potential to affect public views. 409 (Newport Beach 8-94) 20.01.070 PLANNING AND ZONING (4) Development of the site has the potential to affect environmentally sensitive areas including: a. Areas supporting species which are rare, endangered, of limited distribution, or otherwise sensitive. b. Riparian areas. c. Freshwater marshes. d. Saltwater marshes. e. Intertidal areas. f. Other wetlands. g. Unique or unusually diverse vegetative communities. (5) The site is located in a geologic hazard area, as described in the General Plan. (6) The site is in a Residential District subject to noise levels greater than the 65 Community Noise Equivalent Level (CNEL). (7) The site contains significant historical or archaeological resources or is in an area of unique historical or archaeological interest. (8) The site is immediately adjacent to a thoroughfare designated as a Scenic Highway or Scenic Drive in the Recreation and Open Space Element of the General Plan. (9) The site is immediately adjacent to the ocean or bay. (10) The site directly abuts a residential district, but is located in a district designated for nonresidential use. ( 11) A density bonus is proposed, or has been granted, for the site. D. PLANS AND DIAGRAMS TO BE SUBMITTED. The following plans and diagrams shall be submitted to the Planning Commission for approv- al: (!) A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking and off-street loading areas, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. (2) A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materi- als 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. (Newport Beach 8-94) 410 PURPOSE OF TITLE 20.01.070 (5) Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. (6) Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. FEE. The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. STANDARDS. In addition to the general purposes set forth in Sub-sec- tion B, in order to carry out the purposes of this Chapter as established by said section, the site plan review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: (1) Sites subject to Site Plan Review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed; (2) Development shall be compatible with the character of the neighbor- hood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; (3) Development shall be sited and designed to maximize protection of public views, with special consideration given to views from public parks and from roadways designated as Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan; (4) 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 or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; (5) No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts; (6) Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less; (7) Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development; 411 (Newport Beach 8-94) 20.01.070 PLANNING AND ZONING (8) Development shall be consistent with specified General Plan and applicable Specific Area Plan policies and objectives, and shall not preclude the implementation of those polices and objectives; (9) Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources; ( 10) When feasible, electrical and similar mechanical equipment and trash and storage areas shall be concealed; (11) Archaeological and historical resources shall be protected to the extent feasible; (12) Commercial development shall not have significant adverse effects on residences in an abutting residential district. G. PUBLIC HEARING-REQUIRED NOTICE. A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. ACTION BY THE PLANNING COMMISSION. If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into confom1ity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective fourteen (14) days following the Commission action thereon unless, within the fourteen (14) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than fourteen (14) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, unless the applicant consents to an extension of time. The City Council may affimi, reverse or modify the decision. Such action by the City Council shall be final. I. APPEAL TO THE CITY COUNCIL. Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within fourteen (14) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall (Newport Beach 8-94) 412 PURPOSE OF TITLE 20.01.075 set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. J. ACTION BY THE CITY COUNCIL. An appeal shall be heard and acted on by the City Council, and the City Council may affinn, reverse or modify the decision of the Commission. The decision of the City Council is final. K. EXPIRATION AND REVOCATION OF SITE PLAN REVIEW APPROVALS. (1) Expiration. Any Site Plan Review granted in accordance with the tenns of this Title shall expire within 24 months from the date of approval if a building pennit has not been issued prior to the expiration date and subse- quently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. (2) Violation ofTenns. Any Site Plan Review granted in accordance with the tenns of this Title may be revoked if any of the conditions or tenns of such Site Plan Review are violated or if any law or ordinance is violated in connec- tion therewith. (3) Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the pennittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recom- mendation of the Planning Commission. (Ord. 94-20 § 4, 1994: Ord. 91-8 § 2, 1991: Ord. 89-24 § I, 1989: Ord. 1861 § 1, 1980; Ord. 1769 § 1, 1978; Ord. 1686 § I, 1976; Ord. 1657 (part), 1976). 20.01.075 Use Permit Required-Specific Plan Areas. A. PURPOSE. The City Council finds that development of office buildings exceeding 5,000 square feet in floor area in areas designated for Specific Area Plans for which a Specific Area Plan has not been adopted may conflict with the existing or contemplated character, appearance, use or design of said district, thereby precluding the implementation of the General Plan policies and objectives. The effect of this Section is to require use pennits for any proposed office building with a gross floor area exceeding 5 ,000 square feet in said areas to insure that the project confonns to the objectives of the General Plan. B. USE PERMIT REQUIRED. A Use Pennit shall be obtained prior to the issuance of a Building Pennit for any new office building exceeding 5,000 square feet gross floor area within an area designated on the land use plan of the General Plan for the development of a Specific Area Plan, for which a Specific Area Plan has not been adopted. 413 (Newport Beach 8-94) 20.02.010 PLANNING AND ZONING C. CRITERIA FOR USE PERMIT. In addition to the provision of Chapter 20.80 of this Code, in granting a Use Permit under this Section, the Planning Commission, or City Council, if the matter is to be determined by the City Council shall find that: ( 1) The proposed office building is in keeping with the desired character of the specific plan area as identified by the General Plan; (2) The proposed building is consistent with the General Plan policies; and (3) The proposed use will not preclude the attainment of the Specific Area Plan objective stated in the Land Use Element of the General Plan. (Ord. 1657 (part), 1976). Sections: 20.02.010 20.02.020 20.02.025 20.02.026 20.02.030 20.02.035 20.02.040 20.02.050 20.02.060 20.02.061 20.02.062 20.02.063 20.02.064 20.02.065 20.02.070 20.02.071 20.02.080 20.02.090 Chapter 20.02 HEIGHT LIMITS Intent and Purpose. Effect of Chapter. Definitions. Establishment of Grade. Height Limitation Zones. Planned Community Districts. Planning Commission or City Council Review. Existing Structures and Permits. Chimneys and Vents. Architectural Features and Solar Equipment. Flag Poles. Parapet Walls, Elevator and Mechanical Penthouses, and Mechanical Equipment. Boat Cranes. Skylights and Roof Windows. Fences, Walls, and Plantings. Special Districts. Churches Exception. Airport Height Limits. 20.02.010 Intent and Purpose. The intent and purpose of this Chapter is to establish regulations on the height of buildings throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved during that time when the General Plan is being developed. This Chapter creates five (5) height limitation zones which govern building height but allow design flexibility with City review. (Newport Beach 8-94) 414 HEIGHT LIMITS 20.02.021>-20.02.026 Those regulations shall be reviewed and revised as necessary following the adoption of the General Plan. (Ord. 1657 (part), 1976). 20.02.020 Effect of Chapter. All Sections of this Title shall be subject to the provisions of this Chapter. (Ord. 1657 (part), 1976). 20.02.025 Definitions. A. HEIGHT OF BUILDING. The height of a struc- ture shall be the vertical distance between grade at any point and the highest point of the structure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the pennitted height in the height limitation zone. B. GRADE. For the purpose of measuring height, the grade shall be natural grade unless one of the following applies: (1) The Planning Commission has approved a grading plan or map, or a grading pennit had been issued on or before October 12, 1972, under which circumstances grade shall be finished grade as shown on the plan or map so approved or on the plan for which the permit was issued. (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is detennined by the Flood Hazard Protection Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the Flood Hazard Protection Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulk- head elevation. In a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworlcable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of Chapter 20.02 is fulfilled. (Ord. 90-43 § 1 (Exhibit A), 1990). 20.02.026 Establishment of Grade. In a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unwmkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of Chapter 20.02 is fulfilled. The establishment of grade by the Planning Commission or by the City Council upon appeal or review of the decision of the Planning Commission, shall require the approval of a Site Plan Review which shall be obtained in accordance with Section 20.01.070. 414-1 (Newport Beach 5·91) 20.02.030 PLANNING AND ZONING A. FINDINGS. In order to establish grade, 1he Planning Commission or 1he City Council, upon appeal or review of 1he decision of 1he Planning Commission, shall make 1he following findings in addition to 1hose required by Section 20.01.070: 1. That 1he proposed grade being requested by 1he applicant is reasonable and comparable wi1h 1he grades of surrounding properties and 1hat 1he establish- ment of such grade will not be detrimental to 1he heal1h, safety, peace, morals, comfort and general welfare of persons residing or working in 1he neighborhood or be detrimental or injurious to property and improvements in 1he neighborllood or 1he general welfare of 1he City. 2. That 1he proposed grade and related development will not result in 1he loss of any public views and shall be consistent wi1h 1he existing character of 1he neighborl!ood in which 1he project is located. 3. That 1he existing grade on 1he subject property, is inappropriate and unworkable for 1he purpose of measuring height 4. That 1he proposed grade being requested by 1he applicant is necessary for 1he preservation and enjoyment of substantial property rights of 1he applicant. (Ord. 91-8 § 1, 1991). 20.02.030 Height Limitation Zones. In addition to 1he development standards established in 1he various districts, 1here shall be five (5) height limita- tion zones wi1hin 1he City. The designations, locations, and boundaries of 1hese height limitation zones shall be as shown on 1he "Official Height Limitation Zones Map," incorporated herein and made a part hereof by this reference. In each height limitation zone 1he maximum permitted height shall be measured in accordance wi1h 1he definitions contained in Chapter 20.87. A. 24/28 FOOT HEIGHT LIMITATION ZONE. In 1he 24/28 Foot Height Limitation Zone 1he height limit for any structure shall be 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 28 feet after 1he adoption of a Planned Community District, or after 1he adoption of a Specific Area Plan, or after 1he approval of a Use Permit. This height limitation zone shall apply to all R-A, R-1, R-1.5, R-2, and OS Districts. B. 28/32 FOOT HEIGHT LIMITATION ZONE. In 1he 28/32 Foot Height Limitation Zone 1he maximum height limit shall be 28 feet; provided, however, 1hat structures may exceed 28 feet up to a maximum of 32 feet in an adopted Planned Community District, or after 1he adoption of a Specific Area Plan, or after the approval of a Use Permit This height limitation zone shall apply to all R-3 and R-4 Districts. C. 26/35 FOOT HEIGHT LIMITATION ZONE. In 1he 26/35 Foot Height Limitation Zone 1he height limit shall be 26 feet; provided, however, 1hat a structure may exceed 26 feet up to a maximum of 25 feet after 1he adoption of a Planned Community District, or after 1he adoption of a Specific Area Plan, or (Newport Beach 5·91) 414-2 HEIGHT LIMITS 20.02.030 after the approval of a Use Pellllit This height limitation zone shall apply to all Zone Districts, other than R-A, R-1, R-1.5, R-2, R-3 and R-4, within the area known as the Shoreline Height Limitation Zone, more particularly described as follows: Beginning at the intersection of the westerly city boundary of Newport Beach and the centerline of West Coast Highway as established per Annexation No. 66 of the City of Newport Beach; thence northerly, easterly and southerly along the city boundary of Newport Beach to the northerly line of Annexation No. 25 of said city being the northerly line of West Coast Highway; thence easterly along said northerly line of West Coast Highway to the westerly line of Annexation No. 55; thence northerly along said westerly line to a line parallel with and 250' northerly (measured at right angles) from the centerline of West Coast Highway; thence esterly along said parallel line to an intersection with the southwesterly prolongation of the centerline of Santa Ana Avenue; thence northeasterly along said prolongation and along the centerline of Santa Ana A venue to the centerline of Avon Street; thence easterly along the centerline of Avon Street to the centerline of Riverside Avenue; thence southwesterly along the centerline of Riverside Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street and along a line parallel with and 375' northerly (measured at right angle) from the centerline of West Coast Highway to an intersection with the northwesterly boundary line of Tract No. 1221; thence southwesterly, southerly and easterly along said boundary line and easterly along the northerly boundary line of Tract No. 1210 to the centerline of Dover Drive; thence northerly along the centerline of Dover Drive to the westerly prolongation of tlle northerly line of Lot l, Tract No. 1125; tllence easterly along said prolongation and along said northerly line to the northwesterly line of Upper Newport Bay as established per Superior Court Case No. 20436; thence northerly and easterly along said line of Upper Newport Bay to Sta. 65 per Superior Court Case No. 20436; thence easterly to a natural contour line having an elevation of 25 .00 ft. above Mean Sea Level; thence easterly along said contour line to Jamboree Road; thence southerly along Jamboree Road to EastbluffDrive; thence southwesterly along Eastbluff Drive to Backbay Drive as described in the deed recorded in Book 6901, page 207 of Official Records of Orange County; thence westerly along said Backbay Drive; thence westerly and southerly along Backbay Drive as described in the deed recorded in Book 1037, page 269 of Official Records of Orange County to the northwesterly prolongation of the northerly line of Tract No. 6230; thence easterly along the northerly line of said Tract to the most easterly comer of Lot 83 of said Tract; thence southwesterly along the soutlleasterly line of said Lot 83 to the centerline of Vista Del Playa; tllence southerly along Vista Del Playa to the centerline of Vista Del Oro; thence in a southerly direction along the centerline of Vista Del Oro to the westerly boundary of Tract No. 5877; thence southerly and easterly along the boundary of said Tract 414-3 (Newport Beach 5-91) 20.02.030 PLANNING AND ZONING 5877 and easterly along the southerly boundary of Tract No. 5425 to Jamboree Road; thence southerly along Jamboree Road to the northerly line of Tract No. 6947; thence westerly along said northerly line and its westerly prolongation to the last said Backbay Drive; thence southerly along Backbay Drive to the northerly line of Parcel 2 per map recorded in Book 17, page 3 of Parcel Maps; thence easterly along said northerly line of Parcel 2 to the northwesterly line of Jamboree Road; thence southwesterly along said northwesterly line of Jamboree Road to the centerline of Backbay Drive; thence northwesterly along said centerline to a parallel with and 100.00' northwesterly (measured at right angles) from the northwesterly line of Jamboree Road; thence southwesterly (Newport Beach 5-91) 414-4 HEIGHT LIMITS 20.02.020-20.02.026 Those regulations shall be reviewed and revised as necessary following the adoption of the General Plan. (Ord. 1657 (part), 1976). 20.02.020 Effect of Chapter. All Sections of this Title shall be subject to the provisions of this Chapter. (Ord. 1657 (part), 1976). 20.02.025 Definitions. A. HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at any point and the highest point of the structure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the permitted height in the height limita- tion zone. B. GRADE. For the purpose of measuring height, the grade shall be the unaltered natural vertical location of the ground surface unless one of the following applies: (1) At the time of subdivision, the City has approved a grading plan or map, under which circumstances grade shall be finished grade as shown on the plan or map so approved. For sites that were developed without or prior to the requirement for a grading plan or map, the Planning Department shall exercise its best efforts to determine the location of grade for the purpose of measuring height. In so doing, the Planning Department shall use existing on-site eleva- tions and contours, as well as the elevations and contours of adjoining and nearby properties to determine the natural profile of the site. In cases where retaining walls have been constructed or filled surfaces have been used for the purpose of measuring height prior to October 12, 1972, the finished grade established in conjunction with the filled condition shall be used for the measurement of height. Under no circumstances shall height be measured from excavated surfaces such as basements and wine cellars which have been used to artificially lower the ground surface. (2) Flood Hazard Areas. The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever is higher. Pad elevation is determined by the Flood Insurance Rate Maps recog- nized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations estab- lished by the Flood Insurance Rate Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. (Ord. 92-22 § l, 1992: Ord. 90-43 § 1 (Exhibit A), 1990). 20.02.026 Establishment of Grade. In a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, 415 {Newport Beach 9-92) 20.02.030 PLANNING AND ZONING the Planning Commission shall establish grade in such a way to insure that the intent or purpose of Chapter 20.02 is fulfilled. The establishment of grade by the Planning Commission or by the City Council upon appeal or review of the decision of the Planning Commission, shall require the approval of a Site Plan Review which shall be obtained in accordance with Section 20.01.070. A. FINDINGS. In order to establish grade, the Planning Commission or the City Council, upon appeal or review of the decision of the Planning Commission, shall make the following findings in addition to those required by Section 20.01.070: 1. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establish- ment 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 neighbor- hood or the general welfare of the City. 2. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. 3. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. 4. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the appli- cant. (Ord. 91-8 § 1, 1991). 20.02.030 Height Limitation Zones. In addition to the development standards established in the various districts, there shall be five (5) height limitation zones within the City. The designations, locations, and boundaries of these height limitation zones shall be as shown on the "Official Height Limitation Zones Map," incorporated herein and made a part hereof by this reference. In each height limitation zone the maximum permitted height shall be measured in accordance with the definitions contained in Chapter 20.87. A. 24/28 FOOT HEIGHT LIMITATION ZONE. In the 24/28 Foot Height Limitation Zone the height limit for any structure shall be 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 28 feet after the adoption of a Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all R-A, R-1, R-1.5, R-2, and OS Districts. B. 28/32 FOOT HEIGHT LIMITATION ZONE. In the 28/32 Foot Height Limitation Zone the maximum height limit shall be 28 feet; provided, however, that structures may exceed 28 feet up to a maximum of 32 feet in an adopted Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all R-3 and R-4 Districts. C. 26/35 FOOT HEIGHT LIMITATION ZONE. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, (Newport Beach 9-92) 416 HEIGHT LIMITS 20.02.030 that a structure may exceed 26 feet up to a maximum of 25 feet after the adoption of a Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all Zone Districts, other than R-A, R-1, R-1.5, R-2, R-3 and R-4, within the area known as the Shoreline Height Limitation Zone, more particu- larly described as follows: Beginning at the intersection of the westerly city boundary of Newport Beach and the centerline of West Coast Highway as established per Annexation No. 66 of the City of Newport Beach; thence northerly, easterly and southerly along the city boundary of Newport Beach to the northerly line of Annexation No. 25 of said city being the northerly line of West Coast Highway; thence easterly along said northerly line of West Coast Highway to the westerly line of Annexation No. 55; thence northerly along said westerly line to a line parallel with and 250' northerly (measured at right angles) from the centerline of West Coast Highway; thence easterly along said parallel line to a point 30 feet easterly of the centerline of Superior A venue; thence southerly along a line parallel to the easterly line of Lot 172 of Block 1 in Irvine Subdivision to a point on the northerly line of West Coast Highway; thence easterly along said northerly right of way line of West Coast Highway to an intersection with the southwesterly prolongation of the centerline of Santa Ana Avenue; thence northeasterly along said prolongation and along the centerline of Santa Ana A venue to the centerline of A van Street; thence easterly along the centerline of A van Street to the centerline of Riverside A venue; thence southwesterly along the centerline of Riverside A venue to the centerline of A van Street; thence easterly along the centerline of Avon Street and along a line parallel with and 375' northerly (measured at right angle) from the centerline of West Coast Highway to an intersection. with the northwesterly boundary line of Tract No. 1221; thence southwesterly, southerly and easterly along said boundary line and easterly along the northerly boundary line of Tract No. 1210 to the center- line of Dover Drive; thence northerly along the centerline of Dover Drive to the westerly prolongation of the northerly line of Lot l, Tract No. 1125; thence easterly along said prolongation and along said northerly line to the northwest- erly line of Upper Newport Bay as established per Superior Court Case No. 20436; thence northerly and easterly along said line of Upper Newport Bay to Sta. 65 per Superior Court Case No. 20436; thence easterly to a natural contour line having an elevation of 25 .00 ft. above Mean Sea Level; thence easterly along said contour line to Jamboree Road; thence southerly along Jamboree Road to Eastbluff Drive; thence southwesterly along Eastbluff Drive to Backbay Drive as described in the deed recorded in Book 6901, page 207 of Official Records of Orange County; thence westerly along said Backbay Drive; thence westerly and southerly along Backbay Drive as described in the deed recorded in Book 1037, page 269 of Official Records of Orange County to the northwest- erly prolongation of the northerly line of Tract No. 6230; thence easterly along the northerly line of said Tract to the most easterly coiner of Lot 83 of said Tract; thence southwesterly along the southeasterly line of said Lot 83 to the 416-1 (Newport Beach 9-92) 20.02.030 PLANNING AND ZONING centerline of Vista Del Playa; thence southerly along Vista Del Playa to the centerline of Vista Del Oro; thence in a southerly direction along the centerline of Vista Del Oro to the westerly boundary of Tract No. 5877; thence southerly and easterly along the boundary of said Tract 5877 and easterly along the southerly boundary of Tract No. 5425 to Jamboree Road; thence southerly along Jamboree Road to the northerly line of Tract No. 6947; thence westerly along said northerly line and its westerly prolongation to the last said Backbay Drive; thence southerly along Backbay Drive to the northerly line of Parcel 2 per map recorded in Book 17, page 3 of Parcel Maps; thence easterly along said northerly line of Parcel 2 to the northwesterly line of Jamboree Road; thence southwesterly along said northwesterly line of Jamboree Road to the centerline of Backbay Drive; thence northwesterly along said centerline to a line parallel with and 100.00' northwesterly (measured at right angles) from the northwester- ly line of Jamboree Road; thence southwesterly 700.00' along said parallel line; thence westerly in a direct line to a point on a line 150.00 feet south of Sta. 19 as established per Superior Court Case No. 20436, said line being parallel with the centerline of East Coast Highway; thence westerly along said parallel line to a natural contour line having an elevation of 25 feet above Mean Sea Level; thence westerly and southerly along said contour line having an elevation of 25.00 feet above Mean Sea Level to the centerline of East Coast Highway; thence continuing southerly and easterly along said contour line to the center- line of Jamboree Road; thence southerly and easterly along the centerline of Jamboree Road to the centerline of Bayside Drive; thence southeasterly along the centerline of Bayside Drive to the centerline of Bayside Place; thence southwesterly along the centerline of Bayside Place to a natural contour line having an elevation of 25.00 feet above Mean Sea Level; thence southerly and easterly along said contour line to the southerly boundary line of Tract No. 1116; thence southerly along said boundary line of Tract No. 1116 and along the southerly boundary line of Tract No. 3357 to the easterly city boundary of Newport Beach, as established per Annexation No. 68; thence southwesterly, westerly and northeasterly along the city boundary of Newport Beach to the Point of Beginning. D. 32/50 FOOT HEIGHT LIMITATION ZONE. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be 32 feet; provided, however, that a structure may exceed 32 feet up to a maximum of 50 feet after the adoption of a Planned Community District, or after the adoption of a Specific Area Plan, or after the approval of a Use Permit. This height limitation zone shall apply to all Zone Districts other than R-A, R-1, R- 1.5, R-2, R-3 and R-4 which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High-Rise Height Limitation Zone. E. HIGH-RISE HEIGHT LIMITATION ZONE. In the High-Rise Height Limitation Zone the height limit for any structure shall not exceed 375 feet. (Ord. 92-3 § 5, 1992; Ord. 1657 (part), 1976). (Newport Beach 9-92) 416-2 HEIGHT LIMITS 20.02.035-20.02.050 20.02.035 Planned Community Districts. In each Planned Community District established subsequent to the adoption of Chapter 20.02, the height limits shall be established as part of the Planned Community Development Plan; provided, however, that in no event shall the development exceed the height limits permitted in the height limitation zones as set forth under Section 20.02.030 and as designated below: A. 24/28 FOOT HEIGHT LIMITATION ZONE. (1) Upper Newport Bay Planned Community as established by Ordinance No. 1537 adopted December 17, 1973 (Amendment No. 409). (Ord. 1657 (part), 1976). 20.02.040 Planning Commission or City Council Review. The Planning Commission or City Council in approving any Planned Community District, any Specific Area Plan, or in granting any Use Permit for structures in excess of the basic height limit in any zone shall find that each of the following four points have been complied with: (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. Particu- lar 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. (c) The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. (d) The structure shall have no more floor area than could have been achieved without the Use Permit. (Ord. 1657 (part), 1976). 20.02.050 Existing Structures and Permits. A. Structures which were in existence or under construction on the effective date of this Chapter, and which do not conform to these regulations may be continued or altered; provided, that the changes do not result in a greater nonconformity than was existing. B. Structures for which building permits have been issued or for which use permits have been issued, on the effective date of this Chapter, and which do not conform to these regulations, may be constructed according to the approved plans. C. Proposed structures within a Planned Community District adopted prior to the effective date of this Chapter may be constructed in accordance with the height limits contained within the Planned Community Text; provided, however, that a Use Permit shall be required for any structure which exceeds the height limits established by this Chapter. 416-3 (Newport Beach 8-94) 20.02.060-20.02.061 PLANNING AND ZONING D. The use pennit application fee shall be waived for any single family home in the R-1 District which is replacing a structure which was in existence on the effective date of this Chapter. E. Structures on the bluff side of Kings Road and Kings Place which were in existence or under construction on the effective date of this Chapter may be changed provided such change does not result in a roof height above curb which is higher than 16.23 feet and provided further that the roof height does not exceed the height limit established by the 24/28 Height Limitation Zone. New structures may be constructed on vacant building sites subject to the same criteria. F. Structures on the bluff side of Ocean Boulevard in Corona de! Mar, which were in existence or under construction on the effective date of this Chapter 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 horizon- tal plane created by the extension of the top of curb line across each building site located on the bluff side of Ocean Boulevard. Where a question arises as to the interpretation of this Chapter, the Planning Director shall review and render a decision. New structures may be constructed on vacant building sites subject to the same criteria. (Ord. 94-21 § 1, 1994: Ord. 1822 § 1, 1979; Ord. 1793 § 1, 1979; Ord. 1657 (part), 1976). 20.02.060 Chimneys and Vents. Chimneys and vents shall be pennitted in excess of height limits to the minimum extent required by the Unifonn Building Code plus an additional twelve (12) inches for the provision of spark arrestor apparatus or architectural features of a decorative screening nature. Any such structures or features exceeding the Unifonn Building Code requirements shall be subject to the following criteria: a. That the overall dimensions of the chimney shall be limited to a maximum width of two feet by a maximum length of fourth feet for any portion of the structure which exceeds the Unifonn Building Code requirements. b. That the allowance for the additional 12 inches shall be solely for the incorporation of a spark arrestor as required by the manufacturer or for the incorporation of an architectural screening or treatment All chimneys and vents exceeding the minimum height required by the Unifonn Building Code, with the exception of an additional twelve (12) inches for spark arrestor apparatus or architectural features of a decorative screening nature, shall be subject to the approval of the Modifications Committee. (Ord. 92-44 §2, 1992: Ord. 91-10 § l, 1991: Ord. 1696 § 1, 1976: Ord. 1657 (part), 1976). 20.02.061 Architectural Features and Solar Equipment. Architectural features such as, but not limited to, cupolas, weathervanes, wrought iron railings, and other decorative roof-top features of an open nature, and solar (Newport Beach 8-94) 416-4 HEIGHT LIMITS 20.02.061 equipment, may be pennitted in excess of pennitted height limits subject to the approval of the Modifications Committee. (Ord. 92-7 § 4, 1992: Ord. 83-18 § 1 (part), 1983: Ord. 1696 § 2, 1976). 416-4a (Newport Beach 8-94) HEIGHT LIMITS 20.02.062-20.02.065 20.02.062 Flag Poles. Flag poles shall be pennitted in the 24/28 and 28/32 Foot Height Limitation Zones not to exceed a height of 25 feet. Flag poles shall be pennitted 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 pennitted subject to the approval of the Planning Commis- sion. (Ord. 1696 § 3, 1976). 20.02.063 Parapet Walls, Elevator and Mechanical Penthouses, and Mechanical Equipment. Parapet walls, elevator and mechanical penthouses, and mechanical equipment (excluding solar equipment), and other items not expressly pennitted in excess of the height limits shall be prohibited. (Ord. 83- 18 § 1 (part), 1983: Ord. 1696 § 4, 1976). 20.02.064 Boat Cranes. Boat cranes used in conjunction with an approved marine-oriented use may be pennitted to exceed the basic height limit applica- ble to the District in which it is located, up to a maximum operating height of seventy (70) feet, subject to the approval of the Planning Commission. (Ord. 88-10 § 1, 1988). 20.02.065 Skylights and Roof Windows. The tenns skylights and roof windows shall be interchangeable and shall be pennitted in excess of the average height pennitted in the Height Limitation Zones only as indicated in the following. However, in no case shall any portion of any such skylight or roof window structure exceed the maximum ridge height allowed for any roof in the Height Limitation Zone in which the structure is located. Any such skylight or roof window which is operable shall not be pennitted under this section, except those which slide open within the same plane as the frame of the structure, or open to the interior of the building only. Any such structure or feature shall be limited as follows: a. When mounting on a flat roof structure, the maximum height measured at the highest point of the proposed skylight or roof window, in a plane parallel to the plane of the roof structure, shall not exceed an elevation of six (6) inches above the average roof height as provided by the Height Limitation Zone, or six ( 6) inches above the finished surface of a confonning roof structure, whichever is less. b. When mounting on a sloping roof structure, the maximum height measured at the highest point of the proposed skylight or roof window, in a plane parallel to the plane of the roof structure, shall not exceed an elevation of six ( 6) inches above the finished surface of the confonning roof structure. c. That in the areas of the City where a Height Limitation Zone is super- seded by more restrictive height limitations or by a discretionary approval of the Planning Commission or the City Council, this Section shall not be applied. (Ord. 91-29 § I, 1991). 416-5 (Newport Beach 2~93) HEIGHT LIMITS 20.02.070-20.02.071 20.02.070 Fences, Walls and Plantings. No fence, wall, hedge or screen planting of any kind shall hereafter be constructed or grown to exceed 6 feet in height within any required side yard to the rear of the front setback or in any required rear yard. Fences, walls, hedges and screen planting shall be limited to 3 feet in height above natural grade in all required front yard setback areas (including any required side yard between the front property line and the required front setback line), except as permitted by Section 20.02.071. Fences, walls and screen planting shall be limited to three 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 of two street rights of way. A sight distance "trian- gle" shall also be required for fences, walls and screen planting, not to exceed 3 feet in height, within any required side yard setback that is within 15 feet of the intersection of a street right of way and an alley, within 15 feet of the intersection of two alleys, or within 5 feet of the comer of any intersecting street right of way and a driveway. Elevations for construction within required site distance "triangles" shall be measured from the adjacent top of curb height. In cases where there is a difference of 6 feet or more in elevation between the building sites of abutting lots, no fence, wall, hedge or screen planting shall hereafter be constructed or grown in any yard area of the lower lot adjacent to the lot line of the higher lot to a height in excess of 3 feet above the elevation of the building site of the higher lot. The Planning Commission may by resolution, adopt such general standards or conditions for its guidance as it deems necessary to insure to the adjacent property owners the full use of their land. (Ord. 93-10 § l, 1993: Ord. 88-31 § l, 1988: Ord. 1657 (part), 1976). 20.02.071 Special Districts. For purposes of this chapter, special districts shall be described as those delineated in Section 20.ll.OIO(A) and (B) of the Municipal Code (more commonly known as Old Corona de! Mar, West Newport and Balboa Peninsula), as well as Balboa Island. Within said districts, fences and walls, except as noted below, shall be limited to a height of 5 feet above the naturnl grade in all required front yard setbacks (the upper 3 feet of which must be at least 40% open). In addition, areas where the existing grade is in excess of 2 feet in height above the adjacent sidewalk (or curb elevation where no sidewalk exists), a maximum 2 foot high retaining wall shall be permitted to be located at the front property line. Any additional maximum 3 foot high retaining walls shall be permitted a minimum distance of 2 feet from the face of the preceding retaining wall with subsequent retaining walls subject to the same limitation. A maximum 3 foot high fence or wall (at least 40% open) shall be permitted atop the highest retaining wall for safety purposes. Exception: Fences, walls, hedges and screen planting shall not exceed a height of 3 feet above the natural grade in all required front yard setback areas adjacent to the channels in West Newport or the bay on the Balboa Peninsula. 417 (Newport Beach 11-94) 20.02.080-20.02.090 PLANNING AND ZONING Exception: Fences, walls, hedges and screen planting shall not exceed a height of 5 feet above the natural grade in all required front yard setback areas adjacent to North Bay Front and South Bay Front on Balboa Island (the upper 2 feet 6 inches of which must be at least 40% open). (Ord. 94-35 § 1, 1994: Ord. 93-10 § 2, 1993). 20.02.080 Church Exception. Church structures used for church purposes shall be exempt from the restrictions of this Chapter, except that any such structure exceeding 35 feet in height shall require a use permit. (Ord. 1657 (part), 1976). 20.02.090 Airport Height Limits. Any project which requires a notice of construction or alteration by the Federal Aviation Administration Regulations Part 77 shall require FAA compliance, and the applicant shall submit a copy of the FAA 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). (Ord. ( 85-26, 1985). (Newport Beach 11~94) 418 ! 1 ' I \ ·.' .. _ ... 418a HEIGHT LIMITS ····· .iP DOD ll II ' ' " ,. II N. a p ~Ill ID N Ill a m Z ' .. W ID Ill Ill '11 A ,., .. Ill -4 m ,, .. ~ I c.J RJ ffi RJ m I'' lJ UI c.J iii 0 UI m 'Tl 'Tl c.J m m "4 m m UI ~ ~ © .,,- / ·. {Newpon B each t0-Q 3) RESIDENTIAL BUILDING RECORDS 20.03.010-20.03.030 Chapter 20.03 REPORT OF RESIDENTIAL BUILDING RECORDS Sections: 20.03.010 20.03.020 20.03.030 20.03.040 20.03.045 20.03.050 20.03.060 20.03.065 20.03.070 In tent. Definitions. Report Required. Application. Inspection. Delivery of Report. Exceptions. Refunds. Penalties. 20.03.010 Intent. Pursuant to Article 6.5 (commencing witli Section 38780), Chapter I 0, Part 2, Division 3, Title 4 of the Government Code of the State of California, it is the intent of the City Council to assure that all parties to a transaction involving a sale or lease purchase agreement of a pre- viously occupied residential building within the City of Newport Beach are furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or ex- change. It is the purpose of this chapter that the requirement of such a report will reduce violations on existing parcels of residential property and will prevent violations in the future. (Ord. 90-25 § 2 (part), 1990). 20.03.020 Definitions. (a) "Owner" shall mean any person, copartner- ship, association, corporation or fiduciary having legal or equitable title or any interest in any real property. (b) "Residential building" shall mean any structure which contains a dwelling unit, situated in the city, and shall include the building or structures located on said improved real property. (c) "Agreement of sale or exchange" shall mean any agreement or written instrument which provides for transfer of ownership of real property including but not limited to land sale contracts, exchange agreements, or lease purchase agreements. (Ord. 90-25 § 2 (part), 1990). 20.03.030 Report Required. Prior to entering into an agreement of sale or exchange of any residential building, the owner or his authorized repre- sentative shall obtain from the city a Report of the Residential Building Records showing the regularly authorized use, occupancy, and zoning classi- fication of such property. Said report shall be valid for a period not to exceed one ( 1) year from date of issue, unless there has been a change of ownership at which time a new Residential Building Report would be required. (Ord. 90-25 § 2 (part), 1990). 418-1 (Newport Beach 9-90) 20.03.040-20.03.070 PLANNING AND ZONING . 20.03.040 Application. Upon application of the owner or any au- thorized representative and accompanied by a fee in an amount established by the City Council by Resolution, the Planning Director shall review pertinent city records and deliver to the applicant a Report of Residential Building Records which shall contain the following information insofar as it is available: (a) The street address and legal description of subject property; (b) The zone classification and authorized use as set forth in this Code; (c) The occupancy as indicated and established by permits of record; (d) Variances, use permits, exceptions, modifications and other pertinent legislative acts of record; and ( e) Any special restrictions in use or development which may apply to the subject property. (Ord. 90-25 § 2 (part), 1990). 20.03.045 Inspection. In addition to the information supplied in Section 20.03.040, the Planning Director shall make a physical inspection in conjunction with each application for Report of Residential Building Records, and the Planning Director shall include in the report evidence of Building or Zoning Code violations observed during the inspection. (Ord. 90-25 § 2 (part), 1990). 20.03.050 Delivery of Report. The Report of Residential Building Records shall be delivered by the owner, or the authorized designated repre-'\. sentative of the owner to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the city and said receipt shall be delivered to the Planning Department as evidence of compliance with provisions of this Chapter. (Ord. 90-25 § 2 (part), 1990). 20.03.060 Exceptions. The provisions of this Chapter shall not apply to the first sale of a residential building, unless previously occupied. (Ord. 90-25 § 2 (part), 1990). 20.03.065 Refunds. An Administrative fee of $10.00 will be charged for any report that is subsequently cancelled or where a request for a refund has been made. No refunds will be made for a Residential Building Report that has had a property inspection pursuant to Section 20.03.045 unless the re- quest for a refund is for a duplicate report. (Ord. 90-25 § 2 (part), 1990). 20.03.070 Penalites. (a) Anyone in violation of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided by the provisions of Section 1. 04.010 of the New- port Beach Municipal Code. (b) No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of (Newport Beach 9-90) 418-2 RESIDENTIAL BUILDING RECORDS 20.03.070 this Chapter unless such failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this Chapter. (Ord. 90-25 § 2 (part), 1990). 418-3 (Newport Beach 9-90) Sections: 20.06.010 20.06.020 20.06.030 20.06.040 20.06.050 20.06.060 20.02.070 20.06.080 20.06.090 20.06.100 20.06.110 20:06.120 SIGN ORDINANCE Chapter 20.06 SIGN ORDINANCE Effect of Chapter. Intent and Purpose. Definitions. General Provisions. Permitted Signs. Offsite Signs. Design Criteria. Temporary Signs. Exceptions. Modifications. Nonconforming Signs. 20.06.010-20.06.030 Temporary Political and Campaign Signs. 20.06.010 Effect of Chapter. The following regulations shall apply to all zoning districts, except the Planned Community District in which the Planned Community Development Standards for signs shall apply. In addition to the regulations of this Chapter, the provisions of Chapter 15.16 relating to building codes, sign permits, fees, penalties and a method of enforcement shall apply. Where a use permit, variance, modification or site plan review procedure has been used, any applicable conditions of that approval shall supersede this Chapter. (Ord. 1753 § I (part), 1977). 20.06.020 Intent and Purpose. The purpose of this Chapter is to provide minimum standards to safeguard life, health, property and the public welfare, and to provide the means for adequate identification and advertisement of businesses by regulating and controlling the design, location, and maintenance of all signs and sign structures in the city. (Ord. 1753 § 1 (part), 1977). 20.06.030 Definitions. The following terms used in this ordinance shall have the meanings indicated below: BUILDING LINE. The term "Building Line" shall mean the setback line established by ordinance beyond which no building may extend. A building line may be a property line. COMBINATION SIGN. The term "Combination Sign" shall mean any sign incorporating any combination of the features of ground, projecting and roof signs. Each portion of a sign which is subject to more than one classification shall meet the requirements for the classification to which such portion is subject.. 419 (Newport Beach 11 a94) 20.06.030 PLANNING AND ZONING DISPLAY SURFACE. The term "Electrical Sign" shall mean any sign illuminated by electric lighting devices which are fastened to the surface or mounted on the interior of the sign. GROUND SIGN, POLE SIGN. The term "Ground Sign" or "Pole Sign" shall mean 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 exterior walls of any building and are separated therefrom by a distance of at least 6 inches. MARQUEE. The term "Marquee" shall mean a permanent roofed structure attached to and supported by a building and projecting over public property. MOVING SIGN. The term "Moving Sign" shall mean any advertising structure which has any visibly moving or revolving parts which are more than 2 inches in any diameter, except clocks. NONSTRUCTURAL TRIM. The term "Nonstructural Trim" shall mean the molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. OFF-SITE OPEN HOUSE SIGN. The term "Off-Site Open House Sign" shall mean a sign containing only the words "Open House," and the name of the owner of the sign only, shaped and placed in a manner which provides direction to interested parties, and which is located on property other than that which is then for sale, exchange, lease, or rent. ON-SITE OPEN HOUSE SIGN. The term "On-Site Open House Sign" shall mean a sign containing the words "Open House," and the name of the owner of the sign only, shaped and placed in a manner which provides direction to interested parties, and which is located on the property then for sale, ex- change, lease or rent. PROJECTING SIGN. The term "Projecting Sign" shall mean a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure. PROJECTION. The term "Projection" shall mean the distance by which a sign extends over public property or beyond the building line. REAL ESTATE SIGN. The term "Real Estate Sign" shall mean a sign advertising real property for sale, exchange, lease or rent. RIDER. The term "Rider" is a small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign. ROOF SIGN. The term "Roof Sign" shall mean a sign erected upon or above a roof of a building or structure. SIGN. The term "Sign" shall mean any media, including its structure and component parts which are used or intended to be used out-of-doors to attract attention to the subject matter for advertising, directional or informational purpose's. The area of a sign shall mean the space enclosed by the outer dimensions of the sign, or, if there is no border, the area shall be the space enclosed by sets of parallel lines containing the words or images composing the sign. (Newport Beach 11~94) 420 SIGN ORDINANCE 20.06.030 SIGN STRUCTURE. The term "Sign Structure" shall mean the sign, and the supports, uprights, braces and framework of the sign. STRUCTURE. The term "Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. TEMPORARY SIGN. The term "Temporary Sign" shall mean any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only. WALL SIGN. The term "Wall Sign" shall mean any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. WIND SIGN. The term "Wind Sign" shall mean a series of similar banners or objects of plastic or other light material more than 2 inches in any diameter which are fastened together at intervals by wire. rope, cord. string or by any other means, designed to move and attract attention upon 420-1 (Newport Beach_ 3-88) SIGN ORDINANCE 20.06.0411-20.06.050 being subjected to pressure by wind or breeze. (Ord. 87-47 § 3, 1987: Ord. 1753 § 1 (part), 1977). 20.06.040 General Provisions. A. Any other outdoor signs not expressly permitted in this Chapter are prohibited. B. Uncertainty of Ordinance Provisions. The Planning Commission shall had the authority and duty to interpret the provisions of this Chapter at the request of the Community Development Director or when a written appeal from a decision of the Community Development Director is filed with the Commis- sion. C. Compliance Required. No person shall erect, re-erect, construct, enlarge, alter, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Chapter. D. Proper Maintenance Required. All signs, together with all of their 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 posted at all times. All signs shall be subject to maintenance provisions as follows: I. Any location where business goods are no longer sold or produced or where services are no longer provided shall have ninety (90) days to remove any remaining or derelict signs following notification by the City and at the expense of the owner of said property. Where due written notification has been given by the City and compliance has not been met within the required ninety (90) day period, the City may cause the removal of such signs with the cost for such removal to be attached to the property. 2. All signs shall be refinished to remove rust or other corrosion due to the elements and any cracked or broken faces and malfunctioning lamps shall be replaced within ninety (90) days following notification by the City. E. Frontage. Buildings and building sites with multiple frontages shall be permitted signs on each frontage. (Ord. 1753 § 1 (part), 1977). 20.06.050 Permitted Signs. A. RESIDENTIAL DISTRICTS. I. In the R-A, R-1, R-1.5, R-2 and SP-4 (residential) Districts: One name or identification sign not exceeding two (2) square feet in area. 2. In the R-3 District: One name or identification sign not exceeding six (6) square feet in area. 3. In the R-4 and C-R Districts: One name or identification sign not exceeding twelve (12) square feet in area. B. COMMERCIAL AND INDUSTRIAL DISTRICTS. I. In the A-P, APF and C-N Districts: A maximum of three (3) signs, the combined area not to exceed one hundred (100) square feet. 2. In the C-R District: Signs appurtenant to any use shall be permitted. provided that the total square footage of signs shall not exceed one (I) square foot for each lineal foot of building frontage. 421 (Newport Beach 2-93) 20.06.050 PLANNING AND ZONING 3. In the C-0, C-1, C-2, M-1, M-1-A, RMC, RSC, and SP-4 (commercial) Districts: Signs appurtenant to any permitted use. C. AUTOMOBILE SERVICE STATIONS IN ANY DISTRICT (except P-C). Permanent Exterior Signs - A maximum of seven (7) permanent signs shall be permitted on any service station site as follows: I. One double-faced free-standing sign, not exceeding a height of twenty-five (25) feet and an area of thirty-six (36) square feet for each side. 2. Two wall signs to be located on the exterior facades of the building and not exceeding ten ( 10) square feet each. 3. Price signs for fuel products shall be permitted, provided that the number, size and location of such signs comply with and do not exceed that which is required to satisfy minimum price sign requirements as provided in Sections 13530 through 13534 of the Business and Professions Code of the State of California. Price signs shall be of materials in harmony with those utilized in the building. 4. One sign identifying the operator of the premises and address of the building, to be located on the building and not exceeding a total of six (6) square feet. 5. All small signs advertising products for sale, trading stamps, credit cards and the inspection of pollution control devices, lamps and brakes, as authorized by the State, shall be clustered into not more than three (3) sign groupings located on the building face and a total of which shall not exceed twelve (12) square feet in area, exclusive of the additional space required for signs advertising State-authorized services. The sign background shall be of materials in harmony with those utilized in the building. 6. One double-faced sign, in a permanent frame, not exceeding an area of twelve (12) square feet for each side, for promotional purposes, but exclud- ing any reference to price. No rotating, flashing, blinking or signing with animation, flags, banners or other attention-attracting devices shall be permitted on a permanent basis. Attention-attracting devices may be permitted for thirty (30) days, however, when connected with an opening or change in ownership or management of a service station. D. DRIVE-IN AND OUTDOOR RESTAURANTS IN ANY DISTRICT. Signs shall be subject to the following restrictions: 1. The subject matter of any signs shall be limited to the name of the business and the food products and beverages sold on the premises on which the signs are located. 2. The total area of all signs on the site shall not exceed two (2) square feet for each lineal foot of property on a street. In the case of comer lots or double-frontage lots only one street frontage may be used to determine the maximum allowable sign area. 3. All signs shall be mounted flat against a building and shall be limited in size to fifty (50) square feet each, except that one freestanding sign not to (Newport Beach 2-93) 422 SIGN ORDINANCE 20.06.060 exceed one hundred ( 100) square feet shall be permitted. (Ord. 92-46 §2, 1992: Ord •. 1753 § l (part), 1977). 20.06.060 Offsite Signs. Offsite signs, including billboards, may be allowed in commercial and industrial districts through an exception permit 422-1 (Newport Beach 2-93) SIGN ORDINANCE 20.06.070 by the Planning Commission. (Ord. 1753 §I (part), 1977). 20.06.070 Design Criteria. The signs permitted by Section 20.06.060 are subject to the following additional limitations. A. General Criteria. The following criteria are applicable to all signs: 1. Traffic Signal Imitations. No person shall place, maintain, or display upon or in view of any highway or street any unofficial sign, signal or device or any sign, signal or device which purports to be or is an imitation of, or resembles, an official traffic sign or signal or which attempts to direct the movement of traffic or which hides from view any official traffic sign or signal. 2. Illuminated Signs. Illuminated signs shall be provided with illumination as provided in this Section: (a) The maximum rating of individual incandescent lamps exposed on the surface of any sign shall be 40 watts. (b) The maximum night-time brightness of any sign shall be 15,000 foot lamberts. (c) The maximum brightness of any lamp used to illuminate any sign, as measured from any normal viewing angle, shall be 15 ,000 foot lamberts. 3. Beams of Light. No person not authorized shall erect or maintain any device which directs a beam of light in a flashing sequence toward any street or highway, nor shall any person erect or maintain any electrical advertising sign or similar device that interferes with the visibility of any official traffic control device or warning signal. 4. Types Prohibited. The following types of signs are prohibited: (a) Flashing or animated electrical signs. (b) Wind signs. ( c) Moving signs. (d) Any other outdoor sign not expressly permitted in this Chapter. Exceptions. Provided, however, such signs may be permitted if an exception permit is obtained in each case in accordance with the procedure provided in this Chapter. 5. Posting on Public Property Prohibited. No person, except a public officer or employee in performance of a public duty, shall paste, paint, print, nail, tack, place or otherwise fasten any card, banner, handbill, sign, poster, or advertisement or notice of any kind, or cause the same to be done on any curbstone, lamp post, pole, hydrant, bridge, wall or tree upon any public sidewalk, street, or public property, except as may be required or allowed by law, or by City Council approval. 6. Posting on Street Prohibited. No person shall erect or construct any sign upon any street, except as may be required or allowed by law, or by City Council approval. B. Specific Signs. In addition to the provisions contained in Sections 20.06.050 and 20.06.070A, the following restrictions shall apply to all signs except those governed by Sections 20.06.050C, Automobile Service Stations and 20.06.0SOD, Drive-in and Outdoor Restaurants. 423 (Newport Beach 1-15-78) • 20.06.070 PLANNING AND ZONING I. General. One (I) perpendicular sign (i.e. roof, projecting, or pole) is permitted per building or building site. One of these perpendicular signs can be used in combination with wall signs as permitted below. 2. Wall Signs. . (a) Projection and Height. No wall sign shall have a projection over public property greater than twenty-four (24) inches, nor extend above any adjacent parapet or roof of the supporting building. (b) Area. The area of a wall sign or wall signs on any frontage of a building shall not exceed two hundred (200) square feet nor forty ( 40) percent of the exposed finished wall surface area, including openings. (c) Number. A maximum of three (3) wall signs shall be permitted per building, however, a multi-tenant building may have one wall sign per business plus one twenty-five (25) square foot building directory wall sign listing tenants. 3. Projecting Signs. (a) Projection. No sign shall project more than five (5) feet over public property and may not project to within two (2) feet of the curb line. Subject to all limitations in this Chapter, the distance any sign may project over public property or beyond the building line is governed by the following table: Distance Above Sidewalk or Grade Immediately Below Sign 8' to 10' 10' to 12' 12' to 14' 14' to 16' 16' & Up Maximum Projection Over Property Line or Building Line 1' 2' 3' 4' 5' (b) Thickness of Projection. The thickness of any portion of a sign which projects over public property or beyond a building line is governed by the following table: Projection 5' 4' 3' 2' Maximum Thickness 2' 2'8" 3'4" 4' (c) Number. Only one projecting sign shall be permitted on a building or building site. (d) Area. Two (2) square feet for each lineal foot of building frontage not to exceed two hundred (200) square feet. 4. Roof Signs. Roof signs may be allowed through an Exception Permit by the Planning Commission only in instances where the location of a business precludes the effective use of a pole sign, grc,md sign or projecting sign. (a) Area. To be determined by the Planning Commission, not to exceed two hundred (200) square feet. (b) Height. No taller than building is tall, not to exceed fifteen (15) feet above main portion of roof. (c) Projection. Subject to the same standards as projecting signs. 5. Ground and Pole Signs. (a) Frontages. Permitted only on building sites with a minimum fifty (50) foot frontage. (Newport Beach 1-15-78) 424 / / SIGN ORDINANCE 20.06.080 (b) Area. Not to exceed two hundred (200) square feet. (c) Height. Not to exceed twenty-five (25) feet to top of sign. 6. Signs on Marquees. No projecting signs may be attached to a marquee. Signs hung from the underside of a marquee shall be clear of the sidewalk by not less than eight (8) feet. Signs may be placed on the outer faces off marquee if they are made a part thereof and do not exceed the limitation of marquees. Cutout letters may be installed on top of marquees. 7. Special Purpose Signs. Signs used to give direction to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and may be permitted in addition to the other signs listed in this section in instances where necessary for traffic safety reasons. Said signs shall not contain names, logos, or advertising messages. (Ord. 1753 § 1 (part), 1977). 20.06.080 Temporary Signs. A. Real Estate Signs. 1. Residential Districts: (a) Real estate signs and open house signs are permitted, on a temporary basis, in residential districts, so long as the signs conform to the criteria specified in this section. (1) In the C-R, R-A, R-1, R-1.5, R-2, R-3 and PRD Districts, as well as P-C Districts which provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: (a) One sign per lot except as provided in subsections (g) and (h); (b) The sign shall not exceed 216 square inches (1.5 square feet), including riders; ( c) The overall height of the installed sign shall not exceed four ( 4) feet above ground unless the sign is mounted flush to a wall; ( d) The sign shall be placed on the parcel for sale, lease, rent or exchange and shall not be installed in a manner which creates a hazard for traffic or pedestrians; (e) No flags, pennants, balloons. orother attention-attracting devices shall be displayed; (f) The sign shall be removed immediately after the sale, lease or rental of the property has been consummated; (g) In addition to the sign permitted above, one (1) on-site open house sign is permitted to be posted during the time an owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i) the sign shall not exceed two hundred and sixteen (216) square inches (1.5 square feet) and riders are not permitted; (ii) the sign shall not be installed in medians or anywhere within the travelled way of any street or highway, nor installed in a manner which creates a hazard to traffic or pedestrians, provided, however, the sign may be installed 425 (Newport Beach 1-92) 20.06.080 PLANNING AND ZONING on or in a vehicle parked on the street adjacent to the property for sale, lease, rent or exchange if there is no feasible way of installing the sign on private property due to absence of front yard setback or other conditions; (iii) the overall height of the sign shall not exceed four (4) feet above ground unless the sign is installed on or in a vehicle as provided in subparagraph (ii) above or other conditions exist which require the sign to exceed four (4) feet to be reasonably visible from the street; however, in no event shall the sign be higher than necessary to be reasonably visible from the street; (iv) The sign shall not be installed before 8:00 A.M. and must be removed no later than sunset. (h) In addition to the open house sign pennitted in subsection (g), three (3) off-site open house signs are pennitted when the owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i) each off-site open house sign shall not exceed two hundred and sixteen (216) square inches (1.5 square feet) and riders are not pennitted; (ii) the overall height shall not exceed four (4) feet above ground; (iii) the sign shall not be installed before 8:00 A.M and must be removed no later than sunset; (iv) the sign shall not be installed in medians or anywhere within the travelled way of any street or highway; nor installed in a manner which creates ( hazard to traffic or pedestrians. ''- (b) In the R-4 District, temporary real estate signs are pennitted subject to the following: (1) One (1) sign per building site, except as provided in subsection (6); (2) The sign shall not exceed twelve (12) square feet; (3) The overall height of the installed sign shall not exceed four (4) feet above ground unless the sign is mounted flush to a wall; ( 4) The sign shall be placed on the parcel for sale, lease, rent or exchange and shall not be installed in a manner which creates a hazard to traffic or pedestrians; (5) The sign shall be removed immediately after the sale, lease, or rental of the property has been consummated; (6) In addition to the sign pennitted above, one (1) on-site open house sign is pennitted to be posted during the time an owner or owner's agent is on the premises and the premises are open for inspection subject to the following: (i) the sign shall not exceed two hundred sixteen (216) square inches (1.5 square feet); (ii) the height of the sign shall not exceed four ( 4) feet unless mounted flush to a wall; (iii) the sign shall not be installed before 8:00 A.M. and shall be removed no later than sunset; (Newport Beach 1·92) 426 SIGN ORDINANCE 20.06.090 (iv) the sign shall not be installed in medians or anywhere within the travelled way of any street or highway, nor installed in a manner which creates a hazard to traffic or pedestrians. (c) In All Districts: The Planning Director may approve temporary signs for the first sale of structures and/or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 2. Commercial and Industrial Districts. Commercial and industrial proper- ties shall be permitted one (1) real estate sign not exceeding twenty (20) square feet in area which advertises the sale, rental or lease of the premises upon which the sign is located. B. Other Temporary Signs. I. Residential Districts. No temporary signs are permitted in residential districts, except the real estate signs authorized in subsection A. I. Residential Districts. 2. Temporary signs are permitted in commercial and industrial districts subject to the following: (a) Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty-four (24) square feet in area, or six (6) feet in height. (b) Duration. Temporary signs shall remain in place for a period not exceeding sixty (60) days per calendar year. (c) Number. One (1) per building or building site. 3. Temporary signs displayed at automobile service stations and drive- in and outdoor restaurants are governed by the provisions of Sections 20.06.0SOC and D respectively. (Ord. 91-44 § 1, 1991: Ord. 87-47 § 2, 1987: Ord. 1753 § 1 (part), 1977). 20.06.090 Exceptions. A. The Planning Commission shall have the authority to issue exception permits, under the procedure hereinafter provided, allowing deviations from any of the provisions of this Chapter except: 1. The limitations on the distance a sign may project over public property. 2. The prohibitions against a sign, signal or device which imitates or resembles an official traffic sign or signal or attempts to direct the movement of traffic or hides from view any official traffic sign or signal. 3. The prohibition against any device which directs a beam of light in a flashing sequence toward a street or highway or any electrical sign or device that interferes with the visibility of any official traffic control device or warning signal. B. In order to grant an Exception Permit, the Commission must find that the granting such permit is necessary to protect a substantial property right, will not be contrary to the purpose of this Chapter as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or 426-1 (Newport Beach 1-92) SIGN ORDINANCE 20.06.090 (iv) the sign shall not be installed in medians or anywhere within the travelled way of any street or highway, nor installed in a manner which creates a hazard to traffic or pedestrians. (c) In All Districts: The Planning Director may approve temporary signs for the first sale of structures and/or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 2. Commercial and Industrial Districts. Commercial and industrial properties shall be permitted one (1) real estate sign not exceeding twenty (20) square feet in area which advertises the sale, rental or lease of the premises upon which the sign is located. B. Other Temporary Signs. 1. Residential Districts. No temporary signs are permitted in residential districts, except the real estate signs authorized in subsection A. I. Residential Districts. 2. Temporary signs are permitted in commercial and industrial districts subject to the following: (a) Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty-four (24) square feet in area, or six (6) feet in height. (b) Duration. Temporary signs shall remain. in place for a period not exceeding sixty (60) days per calendar year. (c) Number. One (1) per building or building site. 3. Temporary signs displayed at automobile service stations and drive- in and outdoor restaurants are governed by the provisions of Sections 20.06.050C and D respectively. (Ord. 91-44 § 1, 1991: Ord. 87-47 § 2, 1987: Ord. 1753 § 1 (part), 1977). 20.06.090 Exceptions. A. The Planning Commission shall have the authority to issue Exception Permits, under the procedure hereinafter provided, allowing deviations from any of the provisions of this Chapter which apply to roof signs, off-site signs and the prohibition of flashing or animated electrical signs, wind signs, moving signs and any other outdoor sign not expressly permitted in this Chapter. Exceptions shall not be granted for any of the following provisions of this Chapter. 1. The limitation on the distance a sign may project over public property. 2. The prohibitions against a sign, signal or device which imitates or resembles an official traffic sign or signal or attempts to direct the movement of traffic or hides from view any official traffic sign or signal. 3. The prohibition against any device which directs a beam of light in a flashing sequence toward a street or highway or any electrical sign or device that interferes with the visibility of any official traffic control device or warning signal. B. In order to grant an Exception Permit, the Commission must find that the granting of 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 427 (Newport Beach 11·94) 20.06.100-20.06.120 PLANNING AND ZONING 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. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may within twenty-one (21) days appeal in writing to the City Council. (Ord. 92-7 § 2, 1992: Ord. 1753 § 1 (part), 1977). 20.06.100 Modifications. The Modifications Committee may grant modifi- cations to the height, number and area of signs not requiring an Exception Permit or limited by Planned Community District regulations. (Ord. 92-7 § 3, 1992: Ord. 1753 § 1 (part), 1977). 20.06.110 Nonconforming Signs. A. Defined. Signs existing at time of adoption of this Chapter (November 14, 1977) which do not comply with the provisions hereof shall be regarded as legal nonconforming signs. B. Repairing and Painting. Such signs may be removed for the purpose of repafring and repainting them, and may be replaced upon obtaining a permit and having the same inspected. Such sign may be removed and replaced under a single permit if the same is replaced within sixty (60) days of its removal. C. Change of Ownership. Upon change of ownership of the business advertised by any such sign, the new owner may change any name or names (. on such sign so long as the sign advertises the same type of business and there is no change in the configuration of such sign. D. Remodeling. Any such sign may be removed for the purpose of re- modeli11g a building and replaced within thirty (30) days after the remodeling is completed. Such sign may be removed and replaced under a single permit. E. Alterations. Alterations to such signs may be made only upon obtain- ing an Exception Permit according to the provisions of this Chapter. (Ord. 1753 § 1 (part), 1977). 20.06.120 Temporary Political and Campaign Signs. Notwithstanding the provisions of Sections 20.06.010 through 20.06.110 of this chapter, temporary political and campaign signs may be posted in residential districts subject to the following time, place, and manner restrictions: A. Definition. The term "political or campaign sign" shall mean any sign which supports or opposes a ballot measure or candidate for political office, or contains material representing the speaker's views or philosophy on political issues; B. Restrictions. (1) One political sign may be posted on each parcel of residential property; (2) Political and campaign signs posted in residential districts shall not exceed 6 square feet in area; C. ·Political signs shall not be placed adjacent to a street, alley, driveway, or sidewalk in a manner that creates a hazard to any person; (Newport Beach 11-94) 428 SIGN ORDINANCE 20.06.120 D. Political signs may be posted in residential districts 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. E. 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. Notwithstanding the provisions of Section 20.06.080(B)(2)(b), temporary political or campaign signs may be posted for a period not to exceed 90 days prior to any municipal, school district, special, or statewide election, and shall be removed no more than 10 days after the election. (Ord. 94-43 §§ 2, 3, 1994). 428-1 (Newport Beach ll-94) FLOOR AREA RATIOS/BUILDING BULK 20.07.010-20.07 .030 Chapter 20.07 FLOOR AREA RATIOS AND BUILDING BULK Sections: 20.07.010 20.07.020 20.07.030 20.07.040 20.07.044 20.07.046 20.07.050 20.07.060 20.07.070 Effect of Chapter. Intent and Purpose. Definitions. Land Use Intensities. Conversion of Use. Staggered Uses. Building Bulk. Conflicts. Transfer of Development Intensity. 20.07.010 Effect of Chapter. The following regulations shall apply to all nonresidential districts. (Ord. 89-19 § 1 (part), 1989). 20.07.020 Intent and Purpose. The purpose and intent of this Chapter is: A. To implement provisions of the Land Use Element of the General Plan that establish variable floor area limits depending upon the traffic generat- ing characteristics of the use proposed for the property; B. To encourage a variety of!and uses within commercial districts, while insuring that traffic generated by new development is consistent with the capacity of streets and highways as specified in the Circulation Element; and C. To insure an appropriate mix of land uses within commercial districts and to encourage development of land uses which are low traffic generators. D. To regulate the visual and physical mass of structures consistent with the unique character and visual scale of the City of Newport Beach. (Ord. 89-19 § 1 (part), 1989). 20.07.030 Definitions. BASE DEVELOPMENT ALLOCATION -total square footage of a site multiplied by 0.5. BASE FAR USE - a use which shall be permitted to develop at a floor area ratio of 0.5, and includes those uses specified in Table 20.07. BUILDING BULK -the visual and physical mass of a building, calculated in accordance with Section 20.07.05. FLOOR AREA RATIO (FAR) -the ratio of gross floor area of all uses on a site to the total square footage of the site. GROSS FLOOR AREA -for purposes of this Chapter, gross floor area shall be defined as the area of a building or portion thereof including the surrounding exterior walls, except that outdoor dining areas utilized in conjunction with a restaurant shall also be included. Any finished portion of a building which measures more than 4 feet 428a (Newport Beach 9~92) GENERAL CONTROLS -RESIDENTIAL 20.08.080-20.08.090 20.08.080 Equivalent Facilities or Measures. The project applicant shall have the option of deleting or modifying any or all of the Site Development Requirements if equivalent facilities or measures are provided. The applicant must demonstrate the equivalency of the proposed measures to the satisfaction of the City Traffic Engineer prior to consideration by the Planning Commission. (Ord. 91-16 § 1 (part), 1991). 20.08.090 Appeal. (A) The determination of the Planning Commission shall be final unless there shall be an appeal by the applicant or any other person pursuant to the procedure set forth in Section 20.80.070 of the Newport Beach Municipal Code. Such appeal shall be limited to evidence presented before, and the findings of, the Planning Commission. (B) The City Council shall have a Right of Review as set forth in Section 20.80.075 of the Newport Beach Municipal Code, as limited above. (Ord. 91-16 § 1 (part), 1991). PART II. RESIDENTIAL DISTRICTS Chapter 20.10 GENERAL CONTROLS -RESIDENTIAL DISTRICTS Sections: 20.10.010 20.10.015 20.10.020 20.10.022 20.10.025 20.10.030 20.10.035 20.10.040 20.10.045 20.10.050 Effect of Chapter. Temporary Structures and Uses. Uses Requiring Use Permit. Short Term Lodging Permitted. Extensions Into Yards. Accessory Building-Yards. Swimming Pools and Related Equipment-Yards. Underground Storage of Flammable Liquids. Air-conditioning Equipment-Yards. Parking. 428-6e (Newport Beach 9·92) GENERAL CONTROLS-RESIDENTIAL 20.10.022-20.10.025 20.10.022 Short Term Lodging Permitted. Any dwelling unit otherwise permitted by this Title may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: A. A Business License pursuant to Chapter 5.04 of the Municipal Code. B. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. C. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code. (Ord. 92-24 § 1, 1992). 20.10.025 Extensions Into Yards. A. ARCHITECTURAL FEATURES. Architectural features such as cornices or eaves may extend not exceeding 2Yz feet into any required front or rear yard setback; provided, however, that such architectural features shall not project any closer than 2 feet from side property line. B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to exceed 8 feet in width, may encroach to a distance of 2 feet into any required front yard setback of I 0 feet or more in any "R" District; provided, that the fireplace and chimney must be located not less than 5 feet from any side yard setback line. Fireplaces and chimneys not to exceed 9 feet in width may encroach to a maximum distance of 2Yz feet from any side yard setback line provided that such encroachment must be at least 2 feet from any side property line. C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a distance not exceeding 5 feet into any required front yard setback. D. MARQUEES, AWNINGS AND SHADES. Marquees, awnings, or shades may project from the building into the front yard setback in any "R" District not to exceed 5 feet from the building nor more than half the depth of the required front yard, and must be within the required side yard lines and have a clearance above grade vertically of not less than 6Yz feet. Any such projection from the building shall be self-supporting and shall be of incombustible material or of not less than one-hour fire resistive construc- tion. Marquees, awnings or shades may project from the building into the rear yard setback in any "R" District not to exceed 2Yz feet. E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from said mapped street, and in no case shall the provisions of this Title be construed as permitting any encroachment upon any mapped street. F. ABUTTING ALLEYS. In residential districts having alleys to the rear of lots or building sites, attached or detached garages, fences, screen plantings or other obstructions must set back from rear property lines the distances shown in the following table, except as provided in Section 20.10.025(G), Section 20.02.070. 429 (Newport Beach 2-95) 20.10.025 PLANNING AND ZONING Alley Width 15' or less 15' l" to 19' 11" 20' to 23' 11" 24' or more Setback 5' 3' 9" 2' 6 11 O' G. ENCROACHMENTS IN RESIDENTIAL REARY ARD SETBACKS ABUTTING ALLEYS. In residential districts having alleys to the rear of lots or building sites, a second-story projection will be permitted to encroach into the setback stipulated in Section 20.10.025(F), subject to the following condi- tions: (1) No projection may extend closer than 7'6" 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 eighty-five feet. H. BAY WINDOWS AND GREENHOUSE WINDOWS. The terms "bay windows" and "greenhouse windows" shall be defined as window openings in or projections extending beyond the wall of a building which satisfy all of the following criteria: (. · a. the interior surface is elevated at least 18 inches above the adjacent I" finished floor surface at the required building setback line; and b. the overall vertical dimension of the projection does not exceed a height of 10 feet; and c. the opening is limited by design from being used as a door or entry. Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a distance of 2 feet into any required front yard setback of 10 feet or more. Said windows not to exceed 8 feet in width, may also encroach a distance of 16 inches into any required front yard setback ranging from 4 feet to less than 10 feet. Bay windows and greenhouse windows, located on the first floor of a structure, not to exceed 8 feet in width, may encroach a distance of 2 feet into any required side yard setback, provided that said encroachment shall be at least 2 feet from any side property line. Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a distance of 2 feet into any required rear yard setback, unless the rear property line of the lot is adjacent to an alley. Bay windows and greenhouse windows not to exceed 8 feet in width, may encroach a distance of 2 feet into any required setback between buildings on the same lot. No more than 2 bay windows or greenhouse windows on a structure shall be permitted to encroach into any one setback. (Newport Beach 2~95) 430 GENERAL CONTROLS-RESIDENTIAL 20.10.030--20.10.035 Total permitted front or rear yard setback encroachments, including bay windows, greenhouse windows, and chimneys shall not exceed 50 percent of the buildable width of the lot. I. BALCONIES -FRONT YARDS ABUTTING EAST OCEAN FRONT AND WEST OCEAN FRONT. Balconies may encroach up to a maximum of three feet into any required front yard setbacks along East Ocean Front and West Ocean Front. Balcony railings shall be limited to a maximum height of 42 inches, and shall be constructed of transparent material or, if constructed of opaque material, must be at least 40 percent open. Balconies constructed after the effective date of this chapter shall be cantilevered such that no underlying support is necessary. Roofs shall not be permitted in required front yard setbacks except as provided in Section 20.10.025(A). Patios and raised decks located on the ground floor or lower level which encroach into required front yard setbacks shall be constructed in accordance with Sections 20.02.070 and 20.02.071 of the Newport Beach Municipal Code. (Ord. 94-51 § 1, 1994: Ord. 93-18 § l, 1993: Ord. 92-34 § l, 1992: Ord. 88-31 § 2, 1988; Ord. 86-31 § l, 1986: Ord. 1789 § l, 1979; Ord. 1657 (part), 1976). 20.10.030 Accessory Building -Yards. In case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall with the main building and shall comply in all respects with the requirements of this Title applicable to the main building. Unless so attached, an accessory building in an "R" District shall be located on the rear one-half of the lot and be at least 6 feet from any dwelling building or other accessory building existing or under construction on the same lot. (Ord. 92-43 §1, 1992: Ord. 92-7 §5, 1992: Ord. 88-31 § 3, 1988: Ord. 1657 (part), 1976). 20.10.035 Swimming Pools and Related Equipment -Yards. Any swim- ming pool, fish pond, or other body of water which contains water 430-1 (Newport Beach 2-95) RESIDENTIAL DEVELOPMENT STANDARDS 20.11.020 B. The areas of West Newport and the Balboa Peninsula in which the provisions of this Chapter shall be controlling are more particularly described as follows: That area commonly referred to as West Newport and the Balboa Peninsu- la generally bounded by the Semeniuk Slough, Pacific Coast Highway, the West Lido Channel, the Newport Channel, the Main Channel, the Harbor Entrance, the Pacific Ocean and the Santa Ana River, and more specifically described as follows: Beginning at the intersection of the westerly boundary of the City of New- port Beach and the Mean High Tide Line of the Pacific Ocean; thence proceed- ing northerly along said City Boundary to the intersection of said Boundary with the northerly right-of-way line of Pacific Coast Highway; thence due East a distance of 1 ± foot to an intersection with the City Boundary on the easterly side of that certain one foot strip shown on 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 centerline of Pacific Coast Highway; thence easterly along said centerline to an intersection with the centerline of Newport Boulevard; thence southerly along said centerline of Newport Boulevard to an intersection with the southerly Bulkhead of 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 #165; thence northeasterly, easterly and southerly along the U.S. Bulkhead 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 of the U.S. Bulkhead Line to an intersection with the Mean High Tide Line; thence westerly and northwesterly along said Mean High Tide Line to the point of Beginning. (Ord. 1754 § 1 (part), 1977: Ord. 1657 (part), 1976). 20.11.020 Building Height and Floor Area Limit. A. In the R-1 District in the areas of West Newport and the Balboa Peninsula, the total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides, contained in all buildings on a building site shall not exceed two times the buildable area of the site. In the area desig- nated as Old Corona del Mar, the total gross floor area shall not exceed one and one-half (1.5) times the buildable area of the site. For dwellings and permitted accessory buildings, the building height ·limit shall be 24/28 as specified in Chapter 20.02. B. In the R-3 and R-4 Districts in the areas of West Newport and the Bal boa Peninsula, the total gross floor area contained in all buildings on a building site shall not exceed three times the buildable area of the site; provid- 433 (Newport Beach 3-94) 20.11.030-20.11.040 PLANNING AND ZONING ed, however, that floor area devoted to parking within a building or to decks, balconies or patios open on at least two sides shall not be considered in determining the total floor area allowed. In the area designated as Old Corona de! Mar, the total gross floor area shall not exceed one and one-half (1.5) times the buildable area of the site in the R-3, R-4, and MFR Districts. The height limit in the R-3 District shall be 24/28 feet on the front one-half of the lot and 28/32 feet on the rear one-half of the lot, except where in the opinion of the Planning Commission differences in grade warrant individual consideration. The height limit in the R-4 District shall be 28/32 feet as specified in Chapter 20.02. C. For purposes of calculating the allowable gross floor areas as set forth in Paragraphs A and B above, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two levels. (Ord. 94-3 § l, 1994: Ord. 92- 43 § 2, 1992: Ord. 89-28 § 2, 1989; Ord. 1824 § 1, 1979: Ord. 1754 § 1 (part), 1977: Ord. 1657 (part), 1976). 20.11.030 Parking. Regulations are as specified in Section 20.10.050 of General Controls -Residential Districts. (Ord. 1856 § 2, 1980: Ord. 1754 § 1 (part), 1977: Ord. 1657 (part), 1976). 20.11.040 Open Space Option. In the R-1, R-3 and R4 Districts as desig- nated in Section 20.11. 010, open space shall be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times six feet and may be provided anywhere on the lot behind the required yard setback lines. This open space shall be open on at least two sides and shall have a minimum dimension in any direction of at least six feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than six feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum six foot dimension in any direction. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. (Ord. 83-10 § 1 (part), 1983: Ord. 1754 § 1 (part), 1977: Ord. 1657 (part), 1976). (Newport Beach 3-94) 434 R-A DISTRICT 20.12.010-20.12.025 Sections: 20.12.010 20.12.015 20.12.020 20.12.025 20.12.030 20.12.035 20.12.040 20.12.045 20.12.050 20.12.055 20.12.060 20.12.065 20.12.075 Chapter 20.12 R-A DISTRICT Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Building Height Limit. Site Area and Lot Width. Site Area Coverage. Yards. · Accessory Building Location. Extensions into Yards. Accessory Buildings-Yards. Swimming Pools-Yards-Equipment. Changes in Yard Requirements. Parking. 20.12.010 Effect of Chapter. The following regulations shall apply in all R-A Districts, subject to the provisions of Chapter 20. l 0. (Ord. 1657 (part), 1976). 20.12.015 Uses Permitted. The following uses shall be permitted in the R-A District: (a) Single-family dwellings. (b) Light farming, except commercial dairies, commercial kennels, commercial rabbit, fox, goat or hog farms, or commercial poultry ranches. (c) Accessory uses normally incidental to a single-family dwelling or light farming. This is not to be construed as permitting any commercial use. (d) Temporary structures and uses. Regulations are as specified in Section 20.l 0.015 of General Controls -Residential Districts. (Ord. 1753 § 29, 1977: Ord. 1657 (part), 1976). 20.12.020 Uses Requiring Use Permit. The following uses shall be permitted, subject to the securing of a Use Permit in each case: (a) Commercial nurseries. (b) Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of the General Controls -Residential Districts. (Ord. 1657 (part), 1976). 20.12.025 Building Height Limit. The building height limit shall be as specified in Chapter 20.02. (Ord. 1657 (part), 1976). 435 (Newport Beach 10·85) 20.12.030-20.12.065 PLANNING AND ZONING 20.12.030 Site Area and Lot Width. There shall be a minimum building site area of 6,000 square feet and a minimum lot width of 60 feet. In no case shall there be more than one single-family dwelling on any one building site. Any lot or parcel of land under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the provisions of this section. (Ord. 1657 (part), 1976). 20.12.035 Site Area Coverage. For aggregate building coverage there shall be a maximum coverage of forty percent (40%) of building site area. \Ord. 1657 (part), 1976). 20.12.040 Yards. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet, except as may be otherwise indicated on the Dis- tricting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Dis .. tricting Map. B. SIDE YARDS. Each side yard shall be ten percent (I 0%) of the lot width, with a minimum of 3 feet and a maximum of 6 feet; provided, that the side yard on the rear one-half of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existent on the adjacent reversed frontage. C. REARY ARDS. Each yard shall be 20 percent of the lot depth, with a minimum of 15 feet and a maximum of 25 feet. (Ord. 85-12 §I, 1985; Ord. 1657 (part), 1976). 20.12.045 Accessory Building Location. Accessory buildings used for the keeping of chickens or other poultry or rabbi ts 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. (Ord. 1657 (part), 1976). 20.12.050 Extensions into Yards. Regulations are as specified in Section 20.10.025 of General Controls -Residential Districts. (Ord. 1657 (part), 1976). 20.12.055 Accessory Building> -Yards. Regulations are as specified in Section 20.10.030 of General Controls -Residential Districts. (Ord. 1657 (part), 1976). 20.12.060 Swimming Pools -Yards -· Equipment. Regulations are as specified in Section 20. l 0.035 of General .Controls -Residential Districts. (Ord. 1657 (part), 1976). 20.12.065 Changes in Yard Requirements. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final (Newport Beach 10-85) 436 R-1 DISTRICT 20.12.075-20.13.015 tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the Districting Map shall be revised according- ly. (Ord. 1657 (part), 1976). 20.12.075 Parking. Regulations are as specified in Section 20.10.050 of General Controls -Residential Districts. (Ord. 1856 § 3, 1980: Ord. 1657 (part), 1976). Sections: 20.13.010 20.13.015 20.13.020 20.13.025 20.13.030 20.13.035 20.13.040 20. 13.045 20.13.050 20. 13.055 20.13.060 20.13.070 Chapter 20.13 R-1 DISTRICT Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Building Height and Floor Area Limit. Site Area and Lot Width. Site Area Coverage. Yards. Extensions into Yards. Accessory Buildings-Yards. Swimming Pools-Yards-Equipment. Changes in Yard Requirements. Parking. 20.13.010 Effect of Chapter. The following regulations shall apply in all R-1 Districts, subject to the provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona de! Mar are subject additionally to the provisions of Chapter 20.11, Residential Development Standards. (Ord. 1657 (part), 1976). 20.13.015 Uses Permitted. The following uses shall be permitted in the R-1 District: (a) Single-family dwellings. (b) Accessory buildings if constructed simultaneously with or subsequent to the main building and located on the same lot or building site. (c) Accessory uses normally incidental to single-family dwellings. This is not to be construed as permitting any commercial use, nor shall this be deemed to allow the manufacturing or processing of any substance or commodi- ty for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. 437 (Newport Beach 3~94) 20.13.02{}-20.13.040 PLANNING AND ZONING (d) Temporary structures and uses. Regulations are as specified in Section 20.10.0I5 of General Controls -Residential Districts. (e) Signs in accordance with Chapter 20.06. (Ord. 92-43 § 3, 1992: Ord. 1753 § 3, 1977: Ord. 1657 (part), 1976). 20.13.020 Uses Requiring Use Permit. Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as speci- fied more particularly in Section 20.10.020 of General Controls -Residential Districts. (Ord. 1657 (part), 1976). 20.13.025 Building Height and Floor Area Limit. The total gross floor area, including basements, garages and carports contained in all buildings on a building site in an R-1 District shall not exceed two times the buildable area of the site. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For dwellings and permitted accessory buildings, the building height limit shall be as specified in Chapter 20.02. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula and Corona de! Mar, building height and floor area limit regulations are as specified in Section 20.l l.020(A) of Residen- tial Development Standards. (Ord. 94-3 § 2, 1994: Ord. 92-43 § 4, 1992: Ord. 1882 § I (part), 1981: Ord. 1657 (part), 1976). 20.13.030 Site Area and Lot Width. For each dwelling there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet on interior lots, a minimum of 6,000 square feet of area and minimum width of 60 feet on comer lots. In no case shall there be more than one single-family dwelling on any one building site. Any lot or parcel of land under one owner- ship and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the provisions of this section. (Ord. 1657 (part), 1976). 20.13.035 Site Area Coverage. The maximum building site area permitted in the R-1 District shall be full coverage, less required front, side and rear yards. (Ord. 1657 (part), 1976). 20.13.040 Yards. A. FRONT YARDS. The minimum width required for front yards shall be 20 ft. and a maximum permitted shall be 35 ft., 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. (Newport Beach 3-94) 438 R-1 DISTRICT 20.13.045-20.13.070 For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona de! Mar, front yard open space requirements are as specified in Section 20.11.040 of Residential Development Standards. B. SIDE YARDS. Each side yard shall be not less than 3 feet wide on building sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; pro- vided, that the side yard on the rear 20 feet of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. The minimum width required for rear yards shall be 10 feet. (Ord. 85-12 § 2, 1985; Ord. 85-1 § 2, 1985; Ord 1657 (part), 1976). 20.13.045 Extensions into Yards. Regulations are as specified in Section 20.10.025 of General Controls-Residential Districts. (Ord. 1657 (part), 1976). 20.13.050 Accessory Buildings-Yards. Regulations are as specified in Section 20.10.030 of General Controls-Residential Districts. (Ord. 1657 (part), 1976). 20.13.055 Swimming Pools-Yards-Equipment. Regulations are as specified in Section 20.10.035 of General Controls-Residential Districts. (Ord. 1657 (part), 1976). 20.13.060 Changes in Yard Requirements. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves_the_finaUract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (Ord. 1657 (part), 1976). 20.13.070 Parking. Regulations are as specified in Section 20.10.050 of General Controls-Residential Districts. (Ord. 1856 § 5, 1980: Ord. 1657 (part), 1976). 439 (Newport Beach 3~94) 20.14.010-20.14.020 PLANNING AND ZONING Chapter 20.14 R-1.5 DISTRICT Sections: 20.14.010 Effect and Purpose of Chapter. 20.14.015 Uses Permitted. 20.14.020 Uses Requiring Use Permit. 20.14.025 Building Height and Floor Area Limit. 20.14.030 Site Area and Dwelling Area. 20.14.035 Buildable Area. 20.14.040 Yards. 20.14.045 Extensions into Yards. 20.14.050 Accessory Buildings-Yards. 20.14.055 Swimming Pools-Yards-Equipment. 20.14.060 Changes in Yard Requirements. 20.14.070 Parking. 20.14.010 Effect and Purpose of Chapter. The following regulations shall apply in all R-1.5 Districts, subject to the provisions of Chapter 20.10. The purpose of this chapter is to allow single-family units or duplexes with the total gross floor area of all buildings limited to a maximum of 1.5 times the buildable area. (Ord. 1657 (part), 1976). 20.14.015 Uses Permitted. The following uses shall be permitted in the R-1.5 District: (a) One single-family dwelling. (b) One duplex. (c) Accessory uses normally incidental to single-family dwellings or duplexes. This is not to be construed as permitting any commercial uses, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls-Residential Districts. (e) Signs in accordance with Chapter 20.06. (Ord. 1753 § 4, 1977: Ord. 1657 (part), 1976). 20.14.020 Uses Requiring Use Permit. Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as speci- fied more particularly in Section 20.10.020 of General Controls-Residential Districts. (Ord. 1657 (part), 1976). (Newport Beach 3·94) 440 R-1.5 DISTRICT 20.14.025-20.14.045 20.14.025 Building Height and Floor Area Limit. The total gross floor area, including basements, garages and carports contained in all buildings on a building site in an R-1.5 District shall not exceed 1.5 times the buildable area of the site. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For dwellings and permitted accessory buildings, the building height limit shall be specified in Chapter 20.02. (Ord. 94-3 § 3, 1994: Ord. 92-43 § 5, 1992: Ord. 1882 § 1 (part), 1981; Ord. 1657 (part), 1976). 20.14.030 Site Area and Dwelling Area. The minimum building site area shall be five thousand (5,000) square feet. On any building site of less than five thousand (5,000) square feet which existed prior to the adoption of this ordi- nance, a duplex may be constructed provided that there shall be not less than one thousand (1,000) square feet of land area for each family unit. Any lot or parcel of land under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the provisions of this Section. (Ord. 1657 (part), 1976). 20.14.035 Buildable Area. The maximum building area coverage permitted for aggregate buildings shall be full coverage, less required front, side and rear yards. The maximum area of the building shall not exceed 1.5 times the buildable area. (Ord. 1657 (part), 1976). 20.14.040 Yards. A. FRONT YARDS. The minimum width required for front yards shall be 20 ft. and a maximum permitted shall be 35 ft., except as may otherwise be indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front lot line, unless a different line is shown on the Districting Map. B. SIDE YARDS. Each side yard shall not be less than three feet wide on building site forty feet wide or less, or four feet on lots wider than forty feet, provided that the side yard on the rear twenty feet of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. For rear yards, there shall be a minimum requirement of ten feet. D. BETWEEN DETACHED BUILDINGS. There shall be a minimum of ten feet between detached buildings. (Ord. 85-12 § 3, 1985; Ord. 85-1 § 3, 1985; Ord. 1657 (part), 1976). 20.14.045 Extensions into Yards. Regulations are as specified in Section 20.10.025 of General Controls -Residential Districts. (Ord. 1657 (part), 1976). 441 (Newport Beach 3~94) 20.14.050-20.15.010 PLANNING AND ZONING 20.14.050 Accessory Buildings -Yards. Regulations are as specified in Section 20.10.030 of General Controls-Residential Districts. (Ord. 1657 (part), 1976). 20.14.055 Swimming Pools -Yards -Equipment. Regulations are as specified in Section 20.10.035 of General Controls-Residential Districts. (Ord. 1657 (part), 1976). 20.14.060 Changes in Yard Requirements. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (Ord. 1657 (part), 1976). 20.14.070 Parking. Regulations are as specified in Section 20.10.050 of General Controls-Residential Districts. (Ord. 1856 § 7, 1980: Ord. 1657 (part), 1976). Sections: 20.15.010 20.15.015 20.15.020 20.15.025 20.15.030 20.15.035 20.15.040 20.15.045 20.15.050 20.15.055 20.15.060 20.15.070 20.15.080 Chapter 20.15 R-2 DISTRICT Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Building Height and Floor Area Limit. Site Area and Lot Width. Site Area Coverage. Yards. Access to Dwellings and Extensions into Yards. Accessory Buildings-Yards. Swimming Pools-Yards-Equipment. Changes in Yard Requirements. Parking. Open Space Option. 20.15.010 Effect of Chapter. The following regulations shall apply in all R-2 Districts, subject to the provisions of Chapter 20.10. (Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). (Newport Beach 3-94) 442 R-2 DISTRICT 20.15.015-20.15.030 20.15.015 Uses Permitted. The following uses shall be permitted in the R-2 Districts: (a) Single-family dwellings. (b) Two detached single-family dwellings or one duplex. (c) Accessory uses normally incidental to single-family dwellings or duplexes. This is not to be construed as permitting any commercial uses, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls -Residential Districts. (e) Signs in accordance with Chapter 20.06. (Ord. 1754 § 2 (part), 1977: Ord. 1753 § 5, 1977: Ord. 1657 (part), 1976). 20.15.020 Uses Requiring Use Permit. Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as speci- fied more particularly in Section 20.10.020 of General Controls -Residential Districts. (Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). 20.15.025 Building Height and Floor Area Limit. The total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides or open on one side and unroofed, con- tained in all buildings on a building site in an R-2 District shall not exceed two times the buildable area of the site. In the area designated as Old Corona de! Mar,.as more specifically_ described under.Section 20.11.0lO~A},-the-totaLgross-­ floor area shall not exceed one and one-half (1.5) times the buildable area of the site. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For dwellings and permitted accessory buildings, the building height limit shall be 24/28 feet as specified in Chapter 20.02. (Ord. 94-3 § 4, 1994: Ord. 92-43 § 6, 1992: Ord. 91-19 § 1, 1991: Ord. 1824 § 2, 1979: Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). 20.15.030 Site Area and Lot Width. A. TWO DWELLINGS OR DUPLEX. For each two dwellings or one duplex there shall be a minimum area of 5,000 square feet and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on comer lots. In no case shall there be more than two single-family dwellings or one duplex on any one building site. B. FAMILY UNIT IN ANY BUILDING. For each family unit in any building, there shall be a minimum of 1,000 square feet of land area. 442-1 (Newport Beach 3-94) 20.15.035-20.15.055 PLANNING AND ZONING C. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the provi- sions of this section. (Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). 20.15.035 Site Area Coverage. The maximum building site coverage permitted for aggregate buildings shall be full coverage, less required front, side, and rear yards. (Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). 20.15.040 Yards. A. FRONT YARDS. The minimum width required for front yards shall be 20 ft. and a maximum permitted shall be 35 ft., except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building 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 corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REARY ARDS. For rear yards, there shall be a minimum requirement of 10 feet. D. BETWEEN DETACHED BUILDINGS. Minimum 10 feet. (Ord. 85- 12 § 4, 1985; Ord. 85-1 § 4, 1985; Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). 20.15.045 Access to Dwellings and Extensions into Yards. Extensions into required setbacks may be permitted as specified in Section 20.10.025 of General Controls-Residential Districts, provided that within the area of Corona de! Mar, as defined in Section 20.11.010 A, on lots 30 or more feet wide, a four foot side yard setback shall be maintained, up to a minimum height of 8 feet above grade, between the primary entrance to any dwelling unit and the public street or alley. Within this area, a three foot wide unobstructed walkway shall be provided. This walkway shall be paved, and the only above grade encroachments permitted in this area shall be steps essential for use of a first floor entrance. The requirements of this section are not intended to affect the buildable area of a lot. (Ord. 90-18 § 1, 1990: Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). 20.15.050 Accessory Buildings -Yards. Regulations are as specified in Section 20.10.030 of General Controls-Residential Districts. (Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). 20.15.055 Swimming Pools -Yards -Equipment. Regulations are as specified in Section 20.10.035 of General Controls-Residential Districts. (Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). (Newport Beach 3-94) 442-2 R-3 DISTRICT 20.15.060--20.15.080 20.15.060 Changes in Yard Requirements. The Planning Conunission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (Ord. 1754 § 2 (part), 1977: Ord. 1657 (part), 1976). 20.15.070 Parking. Regulations are as specified in Section 20.10.050 of General Controls-Residential Districts, except that within the area of Corona de! Mar, as defined in Section 20.11.0lOA, a minimum of two parking spaces per dwelling unit shall be provided. (Ord. 90-18 § 2, 1990: Ord. 1856 § 9, 1980: Ord. 1744 § 2 (part), 1977: Ord. 1657 (part), 1976). 20.15.080 Open Space Option. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times six feet and may be provided anywhere on the lot behind the required setback lines. This open space shall be open on at least two sides and shall have a minimum dimension in any direction of at least six feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than six feet in any direction may be included in the required volume of open space, p!'()vided tlu1t~aid ~(Jace_~c;on[jg1mus10 _re_quired_Qllen ~pace, th'lt_p_rovidesa minimum six foot dimension in any direction. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. (Ord. 83-10 § 1 (part), 1983; Ord. 1754 § 2 (part), 1977). Sections: 20.16.010 20.16.015 20.16.020 20.16.025 20.16.030 20.16.035 Chapter 20.16 R-3 DISTRICT Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Accessory Uses. Building Height and Floor Area Limit. Site Area. 442-3 (Newport Beach 3-94) 20.16.010-20.16.030 PLANNING AND ZONING 20.16.040 20.16.045 20.16.050 20.16.055 20.16.060 20.16.065 20.16.075 Site Area Coverage. Yards. Extensions into Yards. Accessory Buildings-Yards. Swimming Pools-Yards-Equipment. Changes in Yard Requirements. Parking. 20.16.010 Effect of Chapter. The following regulations shall apply in all R-3 Districts, subject to the provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona de! Mar are subject additionally to the provisions of Chapter 20.11. (Ord. 1657 (part), 1976). 20.16.015 Uses Permitted. The following uses shall be permitted in the R-3 Districts. (a) Single-family dwellings and duplexes. (b) Multiple dwellings, apartment houses and dwelling groups. ( c) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls-Residential Districts. (d) Signs in accordance with Chapter 20-06. (Ord. 1753 § 6, 1977: Ord. 1657 (part), 1976). 20.16.020 Uses Requiring Use Permit. The following uses shall be permitted, subject to the securing of a use permit in each case: (a) Community centers, social halls, lodges, clubs, rest homes, and motels. (b) Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls-Residential Districts. (Ord. 1753 § 7, 1977: Ord. 1657 (part), 1976). 20.16.025 Accessory Uses. Accessory uses and buildings normally incidental to any of the above shall be permitted. This shall not be construed as permitting any commercial uses or occupation other than those specifically listed, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (Ord. 1657 (part), 1976). 20.16.030 Building Height and Floor Area Limit. The total gross floor area contained in all buildings on a building site in an R-3 District shall not exceed three times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, farther, that in no event shall any (Newport Beach 3-94) 442-4 ( / R-3 DISTRICT 20.16.035 building exceed the height limit specified in Chapter 20.02. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona de! Mar, building height and floor area limit regulations are as specified in Section 20.11.020 (B) of Residen- tial Development Standards. (Ord. 94-3 § 5, 1994: Ord. 1657 (part), 1976). 20.16.035 Site Area. A BUILDING OR GROUP OF BUILDINGS. For each building or group of buildings, there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on corner lots. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, there shall be a minimum of twelve hundred square feet of land area. C. BUILDING SITE AREA EXCEPTION. Any lot or parcel ofland under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the provisions of this Section. (Ord. 1657 (part), 1976). 442-4a (Newport Beach 3-94) R-4 DISTRICT 20.17 .020-20.17.035 Section 20.10.015 of General Controls-Residential Districts. (f) Signs in accordance with Chapter 20.060. (Ord. 1753 § 8, 1977: Ord. 1657 (part), 1976). 20.17 .020 Uses Requiring Use Permit. The following uses shall be pennitted subject to first securing a use pennit in each case: (a) Professional offices. (b) Hotel and motel restaurants, "on-sale" liquor establishments, and other appurtenant services and retail shops designed primarily for the convenience of the guests of hotels and motels provided that all access shall be from a lobby, patio or courtyard, and further; provided, that no advertising be visible from any street. (c) Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be pennitted as specified more particularly in Section 20. 10.020 of General Controls-Residential Districts. (Ord. 1753 § 9, 1977: Ord. 1657 (part), 1976). 20.17.025 Accessory Uses. Accessory uses and buildings nonnally incidental to any of the above shall be pennitted. This shall not be construed as pennitting any commercial use or occupation, other than those specifically pennitted, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (Ord. 1657 (part), 1976). 20.17.030 Building Height and Floor Area Limit. The total gross floor area in all buildings on a building site in an R-4 District shall not exceed three times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed the height limit specified in Chapter 20.02. For purposes of calculating the allowable gross floor area, the floor area devoted to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona de! Mar, building height and fioor area limit regulations are specified in Section 20. l l .020(B) of Residential Development Standards. (Ord. 94-3 § 6, 1994: Ord. 1657 (part), 1976). 20.17.035 Site Area. A. GENERAL. For each building or group of buildings. there shall be a minimum of 5,000 square feet of area and a mini- mum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on corner lots. 442-7 (Newport Beach 3-94) 20.17.040 PLANNING AND ZONING B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, the minimum lot area shall be 800 square feet. C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel or motel, the minimum lot area shall be 300 square feet. D. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the provi- sions of this Section. (Ord. 1657 (part), 1976). 20.17 .040 Site Area Coverage. For aggregate building coverage, the maximum site coverage permitted shall be full coverage, less required front, side and rear yards. (Ord. 1657 (part), 1976). (Newport Beach 3-94) 442-8 R-4 DISTRICT 20.17.045-20.17.065 20.17.045 Yards. A. FRONT YARDS. The minimum width required for front yards shall be 20 ft. and a maximum permitted shall be 35 ft., 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. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula and Corona del.Mar, front yard open space requirements are as specified in Newport Beach Municipal Code Sec- tion 20.11.040 -Residential Development Standards. B. SIDE YARDS. For main buildings three stories or less in height to eight percent of the average width of the Jot shall be provided. Beginning with the fourth story of main buildings over three stories in height, the width of each of the required side yard shall be increased a distance equal to two percent (2%) of the average width of the lot for each story in excess of three. In no event, however, shall a side yard of more than 25 feet be required. C. REAR YARDS. The minimum width for rear yards shall be 10 feet. D. SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS. (1) Distance between buildings in any dwelling group shall be a minimum of 8 feet wide. (2) Side yards providing access to single row of dwelling group shall be a minimum of 12 feet wide. (3) Inner courts providing access to double-row dwelling groups shall be a minimum of 20 feet wide. (Ord. 85-12 § 6, 1985;0rd. 85-1§6,1985: Ord. 1657(part), 1976). 20.17.050 Extensions into Yards. Regulations are as specified in Section 20.10.025 of General Controls -Residential Districts. (Ord. 1657 (part), 1976). 20.17.055 Accessory Buildings -Yards. Regulations are as specified in Section 20.10.030 of General Controls -Residential Districts. (Ord. 1657 (part), 1976). 20.17.060 Swimming Pools -Yards -Equipment. Regulations are as specified in Section 20.10.035 of General Controls -Residential Districts. (Ord. 1657 (part), 1976). 20.17.065 Changes in Yard Requirements. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. 443 (Newport Beach 10-85) 20.17.075-20.18.020 PLANNING AND ZONING If the City Council approves such changes, the districting map shall be revised accordingly. (Ord. 1657 (part), 1976). 20.17.075 Parking. Regulations are as specified in Section 20.10.050 of General Controls -Residential Districts. (Ord. 1856 § 13, 1980: Ord. 1657 (part), 1976). Sections: 20.18.010 20.18.020 20.18.030 20.18.040 20.18.050 Chapter 20.18 "-B" DISTRICT Effect of Chapter. Site Area. Uncovered Rear Yard Area. Slope Ratio Approval Required. Site Area. 20.18.010 Effect of Chapter. The following regulations shall apply in lieu of building site area, yard and lot width requirements in the respective districts where such districts are combined with the "-B" District, and shall be subject to the provisions of Chapter 20.10. All other provisions of the 1· respective districts shall apply. (Ord. 1657 (part), 1976). \ 20.18.020 Site Area. The following minimum building site area, lot sizes and setbacks shall be required and the following maximum coverage shall be allowed in the respective "-B" Districts: COMBINING DESIGNATION B: Building site area Lot width Lot length Front yard Rear yard (Newport Beach 10-85) 444 6000 square feet. 60 feet. 80 feet. 20 feet. 6 feet. "-B" DISTRICT 20.18.030-20.18.040 Side yard Maximum coverage COMBINING DESIGNATION B-1: Building site area Lot width Lot length Front yard Rear yard Side yard Maximum coverage COMBINING DESIGNATION B-2: Building site area Lot width Lot length Front yard Rear yard Side yard Maximum coverage COMBINING DESIGNATION B-3: Building site area Lot width Lot length F rnntsard Rear yard Side yard Maximum coverage 6 feet. 60 percent. 7500 square feet. 75 feet. 90 feet. l 5 feet. 7 feet. 7 feet. 60 percent. I 0,000 square feet. 90 feet. I 00 feet. 15 feet. IO feet. I 0 feet. 60 percent. 20,000 square feet. I 00 feet. 150 feet. -------1-5-feet~---- ! 0 feet. I 0 feet. 60 percent. COMBINING DESIGNATION B-4: As designated on zoning map; provided, that no requirements be less than B-3 regulations. All setbacks on the street side of a corner lot shall not be less than that required on existing or adjacent reversed frontage when such exists. (Ord. 1657 (part), 1976). 20.18.030 Uncovered Rear Yard Area. There shall be a minimum of 750 square feet or rear yard land area adjoining the main dwelling maintained uncovered. (Ord. 1657 (part), 1976). 20.18.040 Slope Ratio Approval Required. Any banks graded or benched for building sites in "-B" Districts wherein cuts are required, leaving banks or slopes of a greater grade than a ratio of 3 to l, shall be approved by the Planning Commission prior to obtaining a building permit. (Ord. 1657 (part), 1976). 445 (Newport Beach 4·90) 20.18.050-20.19.015 PLANNING AND ZONING 20.18.050 Site Area. The following minimum building site area.shall be required for each family unit (maximum density permitted in R Districts where combined with "-B" District): R-2 B 3000 sq. ft. B-1 3000 sq. ft. B-2 3000 sq. ft. B-3 3000 sq. ft. (Ord. 1657 (part), 1976). R-3 1500 sq. ft. 1500 sq. ft. 2000 sq. ft. 2000 sq. ft. Chapter 20.19 R-4 1250 sq. ft. 1250 sq. ft. 1500 sq. ft. 1500 sq. ft. MULTI-FAMILY RESIDENTIAL (MFR) DISTRICT Sections: 20.19.010 20.19.015 20.19.020 20.29.025 20.19.030 20.19.035 20.19.040 20.19.045 20.19.050 20.19.055 20.19.060 20.19.065 20.19.075 Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Accessory Uses. . Building Height and Floor Area Limit. Site Area. Site Area Coverage. Yards. Access to Dwellings and Extensions into Yards. Accessory Buildings-Yards. Swimming Pools-Yards-Equipment. Changes in Yard Requirements. Parking. 20.19.010 Effect of Chapter. The following regulations shall apply in all MFR Districts, subject to applicable provisions of Chapter 20.10. Residential districts in those areas of the City described generally as West Newport, Balboa Peninsula, and Corona del Mar are subject additionally to the provi- sions of Chapter 20.11. Where the provisions of this Chapter are more restrictive than those of Chapters 20. l 0 or 20.11, the provisions of this Chapter shall apply. (Ord. 89-28 § l, 1989). 20.19.015 Uses Permitted. The following uses shall be permitted in the MFR District. (a) Single-family dwellings and duplexes. (b) Multiple dwellings, apartment houses and dwelling groups. (c) Temporary structures and uses. Regulations are as specified in Sec- tion 20. l 0.015 of General Controls -Residential Districts. (d) Signs in accordance with Chapter 20.06. (Ord. 89-28 § I, 1989). (Newport Beach 4-90) 446 ( •. ( (MFR) DISTRICT 20.19.020-20.19.035 20.19.020 Uses Requiring Use Permit. The following uses shall be per- mitted, subject to the securing of a use permit in each case: (a) Recreational facilities developed as part of a residential development, parking lots, senior citizen housing facilities, public utility stations developed as part of a residential development, removal of earthen materials, temporary heliports and helistops; (b) Outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls-Residential Districts. (Ord. 89-28 § 1, 1989). 20.19.025 Accessory Uses. Accessory uses and buildings normally incidental to any of the above shall be permitted. This shall not be construed as permitting any commercial uses or occupation other than those specifically permitted, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (Ord. 89-28 § 1, 1989). 20.19.030 Building Height and Floor Area Limit. The total gross floor area contained in all buildings on a building site in an MFR District shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area; and provided, further, that in no event shall any building exceed the height permitted for the 28/32 Foot Height Limitation District as specified in Chapter 20.02. For purposes of cll[c1JJa!i!lg_ the allowalJle_ grCJ§s f]oQ.r_ar~_a,Jllte_fl9QL!lfea devQ.ted tQ_pm:tions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. For residential developments in those areas of the City known generally as West Newport, Balboa Peninsula, and Corona de! Mar, floor area limit regulations are as specified in Section 20. l l.020(B) of Residential Development Standards. Where the provisions of this Section are more restrictive than those of Section 20.11.020 (B), the provisions of this Section shall apply. (Ord. 94-3 § 7, 1994: Ord. 89-28 § l, 1989). 20.19.035 Site Area. A. BUILDING OR GROUP OF BUILDINGS. For each building or group of buildings, there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet of area and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a minimum width of 60 feet on corner lots. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, there shall be a minimum of twelve hundred square feet of land area unless otherwise indicated on the Districting Maps. For purposes of determining the allowable number of units, areas which have a slope greater 446a (Newport Beach 3-94) 20.19.040-20.19.045 PLANNING AND ZONING than two to one (2:1) or which are submerged shall be excluded from land area. Submerged areas are defined to be areas which are below Mean Higher High Water. Notwithstanding any other provision of this section, at least two dwelling units may be permitted on any lot or parcel which was legally in existence as of October 24, 1988, and which has a land area of at least 2,400 square feet, excluding areas having a slope greater than 2: 1 and submerged areas. C. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the provi- sions of this Section. (Ord. 90-28 § 2, 1990: Ord. 89-28 § I, 1989). 20.19.040 Site Area Coverage. For aggregate building coverage, the maximum site coverage permitted shall be full coverage, less required front, side and rear yards. (Ord. 89-28 § 1, 1989). 20.19.045 Yards. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. B. SIDE YARDS. Each side yard shall not be less than 3 feet on build- ing sites 40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet; and shall be equal in width to eight percent of the average lot width for lots 50 feet or greater in width; provided that in no event shall a side yard wider than 25 feet be required; and provided further that the side yard on the rear 20 feet of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REARY ARDS. The minimum width for rear yards shall be 10 feet, except where the lot is adjacent to an alley, in which case the requirements of Section 20.10.025F shall apply, provided that in the area of Corona de! Mar, as defined in Section 20.11.010, a minimum rear yard setback of 8 feet shall be provided on the first floor adjacent to an alley. D. SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS. Dis- tance between buildings in any dwelling group shall be a minimum of 10 feet wide. E. OPEN SPACE. An open space volume equal to 6 times the buildable area of the lot shall be provided in addition to any required setbacks. This open space shall be open on at least two sides, one of which may be the sky. Roofs, balconies, decks, patios, cornices, exterior stairways, and architectural features may project into this area. At least 50% of the required open space shall be open to the sky and open on at least two additional sides, except for eaves and architectural features which may project into areas otherwise open to the sky. Required open space shall have a minimum dimension in any direction of at (Newport Beach 3-94) 446b (MFR) DISTRICT 20.19.050 least six feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than six feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum six foot dimen- sion in any direction. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. A minimum of 25 % of the required open space shall be contiguous to the required front yard setback, and a minimum of 25% of the required open space shall be contiguous to the required rear yard setback. (Ord. 89-28 § 1, 1989). 2.19.050 Access to Dwellings and Extensions into Yards. Extensions into required setbacks may be permitted as specified in Section 20.10.025 of General Controls-Residential Districts, provided that within the area of Corona de! Mar, as defined in Section 20.11.010, on lots 30 or more feet wide, a four foot side yard setback shall be maintained, up to a minimum 446b.l (Newport Beach 3-94) (MFR) DISTRICT 20.19.055-20.19.075 height of 8 feet above finished grade, between the primary entrance to any dwelling unit and the public street or alley. Within this area, a three foot wide unobstmcted walkway shall be provided. This walkway shall be paved, and the only above grade encroachments permitted in this area shall be steps essential for use of a first floor entrance. The requirements of this section are not intended to affect the buildable area of a lot. (Ord. 89-28 § 1, 1989). 20.19.055 Accessory Buildings -Yards. Regulations are as specified in Section 20. l 0.030 of General Controls -Residential Districts. (Ord. 89-28 § l, 1989). 20.19.060 Swimming Pools -Yards -Equipment. Regulations are as specified in Section 20. l 0.035 of General Controls -Residential Districts. (Ord. 89-28 § l, 1989). 20.19.065 Changes in Yard Requirements. The Planning Commission may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for the subdivision. The applicant shall submit with his application an exact copy of the final tract map showing the proposed changes. The . decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify the decision. If the City Council approves such changes, the districting map shall be revised accord- ingly. (Ord. 89-28 § I, 1989). _ 20.L9.075_J>arking.-A.-Stornge-Or-pa~k-in-g-spaee-for-1'he-flar1'-ing-0f-aut0~ mobiles off the street shall be provided as follows: 1. One or two dwelling units on a lot: At least two parking spaces for each dwelling unit. 2. Three dwelling units on a lot: At least two parking spaces for each dwelling unit and one additional guest parking space, for a total of seven spaces overall. 3. Four or more dwelling units on a lot: At least 2.5 parking spaces for each dwelling unit of which at least 0.5 parking spaces per dwelling unit shall be provided for guest parking. Parking spaces required for other uses allowed in any residential district not set forth above shall be determined by the Planning Commission. B. Parking of automobiles on the roof of a building in the MFR District is prohibited. C. In addition to the above noted parking standards, the following parking controls shall also apply: l. For each dwelling unit there shall be at least one covered parking space. 2. For each dwelling unit, there shall be at least one independently accessible parking space. 446c (Newport Beach 4-90) 20.19.075 PLANNING AND ZONING 3. Tandem parking up to a maximum of two cars in depth shall be per- mitted. However, tandem parking shall not be permitted for guest parking. 4. Parking in side yards shall be permitted; provided, however, that structural encroachments shall not be permitted, except as noted in this sec- tion. When three parking spaces are provided across the rear of a lot less than 30 feet 10 inches wide, one garage wall may encroach into the required side yard setback. Its distance from the property line shall be at least 26 inches plus the amount (if any) that the width of the lot exceeds 30 feet. The sub- standard side yard created thereby shall have a clear passageway 26 inches wide, unobstrncted by fences, utility meters, hose bibs, or any other appurtenances which could interfere with use of the passageway by emer- gency personnel or equipment. 5. Parking in front yards shall be permitted on driveways in front of garages that set back at least nineteen feet from the front property line, pro- vided, however, that strnctural encroachments shall not be permitted. 6. All guest parking spaces shall be independently accessible. D. The following areas need not be included in the gross tloor area: l. Parking spaces which are open on at least two sides. or open on one side and one end; and 2. Twenty-five square feet of storage area adjacent to or a part of a parking space on a lot less than thirty-two feet wide: provided that no plumbing is located in the storage area, and provided that three parking spaces are provided side by side across one end of the lot. E. Subject to the provisions of Chapter 20.83, structures which were in existence or Linder construction on the effective date of this chapter, and which do not provide the required number of parking spaces, may be ex- panded or altered without providing additional required parking spaces as follows: 1. Minor alterations such as the remodeling of existing buildings where no additional living space is proposed: and 2. Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms. (Ord. 89-28 § 1, 1989). (Newport Beach 4-90) 446d Sections: 20.20.010 20.20.020 20.20.030 20.20.040 20.20.050 MOBILE HOME PARKS Chapter 20.20 MOBILE HOME PARKS Intent. Definitions. Criteria for Application of Zone. Uses Permitted. 20. 20.010-20. 20. 020 Removal of the Mobile Home Park Overlay Zone. 20.20.010 Intent. The Mobile Home Park Residential Zone is hereby established as an overlay zone to permit the application of a mobile home zone to parcels of land developed with mobile home parks and zoned with a primary underlying zoning designation. The purpose of the mobile home park zone is to designate existing mobile home parks in appropriate locations for mobile home park uses in order that these uses may be encouraged, maintained, and protected. The regulations of this district are designed to achieve an environment of stable, desirable residential character and preserve areas or communities developed with mobile home residential uses. When- ever reference is made in this section or on any districting maps to MHP, this shall mean Mobile Home Park Overlay Zone. (Ord. 1894 § l (part), 1982). 20.20.020 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: (a) Mobile home -"Mobile home" is a structure transportable on a -------·stre-et--orlrtghway By auffioriillion or a permit in one or more sections designed and equipped for human habitation to be used with or without a foundation system. Mobile home includes manufactured homes but does not include recreation vehicles, commercial coaches, or factory-built housing. (b) Mobile home park -"Mobile home park" is any area of land used primarily for the placing, parking or storage of two or more mobile homes for housekeeping, sleeping or living quarters. 446e (Newport Beach 4-90) MOBILE HOME PARKS 20. 20.030-20. 20. 050 (c) Mobile home space -"Mobile home space" is any area, tract of land, site, lot, pad or portion of a mobile home park designated or used for the occupancy of one mobile home. (Ord. 1894 § I (part), 1982). 20. 20.030 Criteria for Application of Zone. The City Council, in making its determination whether to apply the MHP zone to any particular property, shall consider the following factors in making its determination as to whether the MHP zone is appropriate for the property: (a) Existing zoning and General Plan designations; (b) The age and condition of the mobile home park; (c) The relationship of the mobile home park to surrounding land uses; (d) Vehicle access to the area under consideration; (e) Site area; (f) Site configuration. (Ord. 1894 § 1 (part), 1982). 20.20.040 Uses Permitted. (a) Mobile home parks as regulated by the State of California. (b) Accessory uses and structures incidental to the operation of mobile home parks such as recreation facilities and/or community centers of a non-commercial nature, either public or private, storage facilities for the use of the mobile home park residents and any other uses or structures that are incidental to the operation of a mobile home park. (c) Whenever property is zoned MHP, any use permitted by the under- lying zoning of such property shall not be permitted. (Ord. 1894 § I (part), 1982). 20.20.050 Removal of the Mobile Home Park Overlay Zone. The City Council shall not approve a zoning amendment for any parcel, which amend- ment would have the effect of removing the MHP designation from that property, unless the following findings have been made: (a) That the proposed zoning is consistent with the General Plan of the City of Newport Beach and all elements thereof, and in the event that the proposed zoning is P-C, that the Planned Community Development Plan has been submitted and is consistent with the General Plan and all elements thereof; (b) That the property which is the subject of the zoning amendment would be more appropriately developed in accordance with uses permitted by the underlying zoning, or proposed zoning, and if the underlying zoning or proposed zoning is P-C that a Planned Community Development Plan has been submitted and the property would be more appropriately developed with the uses specified in that plan; (c) That a mobile home park phaseout plan has been prepared, reviewed and considered and found to be acceptable. A phaseout plan shall not be found to be acceptable unless it includes (I) a time schedule and method by which existing mobile homes, cabanas, ramadas and other sub- stantial improvements and tenants, are to be relocated or appropriately 446-1 (Newport Beach 5·82) 20.30.010-20.30.015 PLANNING AND ZONING 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. (Ord. 1894 § I (part), 1982). PART III. COMMERCIAL DISTRICTS Chapter 20.30 GENERAL CONTROLS -COMMERCIAL DISTRICTS Sections: 20.30.010 20.30.015 20.30.020 20.30.025 20.30.030 20.30.035 20.30.040 20.30.045 20.30.050 20.30.055 Effect of Chapter. Temporary Structures and Uses. Uses Requiring Use Permit. Extensions into Yards. Automobile Storage or Parking Space for Commercial Uses. "H'' Combining District. "Z" Combining District. Requirements for Off-Street Parking. Plans and Drawings for Commercial Distdcts. Building Site Area Exception. 20.30.010 Effect of Chapter. The general controls contained in this Chapter shall apply to all developments in Commercial Districts and A-P Districts. (Ord. 1657 (part), 1976). 20.30.015 Temporary Structures and Uses. A. INTENT AND PURPOSE. The intent and purpose of this Section is to establish procedures whereby the Director of Community Development or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The Director of Community Development may authorize the temporary use of structures and land in any Commercial District for a period of time not to exceed 90 days. Prior to approving said temporary use the Director of Community Development shall inform the Planning Commission of his intent to permit said use and shall take whatever steps or precautions (Newport Beach 5-82) 446-2 GENERAL CONTROLS -COMMERCIAL 20.30.020 are necessary to assure that said use will be consistent with the purpose and intent of this Section and that said land or building will be restored at such time as the use is terminated. C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The Planning Commission may authorize the temporary use of structures and land in any Commercial District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving said use permit the Planning Commission may impose whatever conditions they deem necessary to assure that the purpose and intent of this Section is carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. D. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above. (Ord. 1753 § 10, 1977: Ord. 1657 (part), 1976). 20.30.020 Uses Requiring Use Permit. The following uses shall be permitted in any Commercial District subject to the securing of a use permit: (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public and quasi-public buildings, senior citizen housing facilities (where residency is limited to elderly persons), and municipally operated parking lots. --------~c)-PiiOOng automobiles on roofs. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any Commercial District unless a Use Permit shall first have been secured for the establishment, maintenance and operation of such use. The Community Development Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (g) Relocatable Buildings. No building permit or relocation permit shall be issued for the erection or placement of a relocatable building unless the 447 (Newport Beach 5-91) 20.30.025-20.30.030 PLANNING AND ZONING applicant for said building permit has first applied for and obtained a use permit from the Planning Commission to maintain said relocatable building at a specific location. (Ord. 1774 § 3, 1978; Ord. 1657 (part), 1976). 20.30.025 Extensions into Yards. A. ARCHITECTURAL FEATURES. Architectural features such as cornices or eaves may extend not exceeding 2Y, feet into any required front or rear yard setback; provided, however, that such architectural features shall not project any closer than 2 feet from any side property line. B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to exceed 8 feet in width, constructed of incombustible material, may encroach to a distance of 2 feet into any required front yard setback of 10 feet or more for any residential structure in a Commercial District; provided, that the fireplace and chimney must be located not less than 5 feet from any side yard setback line. Fireplaces and chimneys not to exceed 9 feet in width, constructed of incombustible material, may encroach to a maximum distance of 2Y2 feet from any side yard setback line provided that such encroachment must be at least 2 feet from any side property line. C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a distance not exceeding 5 feet into any required front yard setback. ( D. MARQUEES, AWNINGS, AND SHADES. Marquees, awnings, or ~. shades may project from a residential building in a Commercial District into the front yard setback not to exceed 5 feet from the building nor more than half the depth of the required front yard, and must be within the required side yard lines and have a clearance above grade vertically of not less than SY, feet. Any such projection from the building shall be self-supporting and shall be of incombustible material or of not less than one-hour fire resistive construction. Marquees, awnings, or shades may project from the building into the rear yard setback of a residential building not to exceed 2Y, feet. E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from said mapped street, and in no case shall the provisions of this Title be construed as permitting any encroachment upon any mapped street. (Ord. 1657 (part), 1976). 20.30.030 Automobile Storage or Parking Space for Commercial Uses. A. REQUIRED PARKING. Off-street parking in accordance with the requirements of Section 20.30.035 entitled "H" Combining District shall be required of all property in all commercial zoning districts which has not previously been included within a "Z" or "H" Combining District. All properties in Commercial Districts which do not meet the requirements of this Section shall be classified as nonconforming uses. (Newpon Beach S-91) 448 GENERAL CONTROLS -COMMERCIAL 20.30.035 B. NONCONFORMING USES. The provisions of Chapter 20.83 entitled "NONCONFORMING STRUCTURES AND USES" shall be applicable to structures and uses which are nonconfonning only because they do not comply with the parldng requirements set forth in Subsection A above. C. ENCLOSED PARKING SPACE FOR COMMERCIAL USES. The enclosure of commercial off-street parldng may be pennitted, subject to the following conditions: 1. That doors remain open during regular business hours. 2. That a sign be posted on the business frontage which advises patrons of the availability and location of parldng spaces. 3. That a sign be posted on the rear of the site which contains the following infonnation: a) Doors are to remain open during business hours b) A number to call for Code Enforcement c) Municipal Code Sections 4. That the location, size and color of the signs required by 2 and 3 above shall be approved by the Planning Director. (Ord. 91-9 § 2, 1991: Ord. 90-22 § 3, 1990: Ord. 1657 (part), 1976). 20.30.035 "H" Combining District. The following regulations shall apply in all Commercial Districts with which are combined "H" Districts, in addition to the regulations hereinbefore specified therefor, and shall be subject to the provisions of Chapter 20.30; provided, however, that if any of the regulations specified in Subsection A and Subsection B below differ from any of the corresponding regulations specified in this section for any district with which is combined an "H" District, then in such case the provisions of Subsections A and B shall govern. A. USES PERMITIED. The following uses shall be permitted in "-H" Districts: All uses permitted in the respective districts with which the "-H" District is combined, subject to approval as to design of buildings and design and location of parldng lot; except, however, as provided in Sections 20.30.035B and 20.30.035C. B. OFF-STREET PARKING REQUIRED -SCHEDULE. Off-street parldng on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sites, shall be required in all districts with which the "-H" District is combined according to the following formula; (1) Retail Stores and specialty food uses: One parldng space for each 250 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. 449 (Newport Beach 5-91) 20.30.035 PLANNING AND ZONING (2) Office Buildings (except where portion is used as a medical or dental office): One parking space for each 250 square feet of net floor area, except as provided in Section 20.30.035C. (3) Wholesale and Industry: One parking space for each 2,000 square feet of gross floor area and one loading space for each 10,000 square feet of gross floor area, but in no event shall there be less than 10 parldng spaces for each such establishment (4) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. Based on the following considerations, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: I. The physical design characteristics of the restaurant. (a) The portion of net public area designated for dining, cocktails or dancing. (b) The number of tables or seats, and their arrangement. (c) Other areas that should logically be excluded from the determination of net public area. (d) The parking lot design, including the use of small car spaces, tandem, and valet parking. (e) Availability of guest dock space for boats. II. The location of the restaurant. (a) In relation to other uses and the waterfront. (b) Availability of off-site parldng nearby. (c) Amount of walk-in trade. (d) Parldng problems in the area at times of peak demand. III. The operational characteristics of the restaurant. (Newport Beach 5-91) 450 GENERAL CONTROLS -COMMERCIAL (a) Beer, wine, or full service bar. (bl The use of live entertainment. 20.30.035 (cl The hours of operation. If during the review of the Use Permit, the Planning Commission uses any of the preceding considerations as a basis for raising or lowering a restaurant's parking requirement, the substance of such considerations shall become conditions of the Use Permit and a change to any of these conditions will require an amendment to the Use Permit. When an amendment to the Use Permit is required, the Planning Commission may increase or decrease parking requirements within the ranges noted above. (5l Outdoor Restaurants, Drive-in and Take-out .Restaurants: One parking space for each 50 square feet of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages. In addition, one parking space shall be provided for each employee on duty, with the number of such spaces to be based on peak employment. (6l Public Assembly: One parking space for each three seats where fixed seating is provided, or one parking space for each 3 5 square feet of gross floor area in the main assembly hall where seating is not fixed: where bench seating or pews are provided, 18 linear inches of seating shall be con- sidered to constitute a seat. (7l Theaters: One parking space for each three seats. (8l Hotels: One parking space for each two guest rooms. (9) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. ( 10) Clinics: One parking space for each 250 square feet of gross floor -------ure-rr;-ptus one adcltrional space for eacl1Cloctor anaoneror each employee. ( 11) Motels: One parking space for each guest unit. ( 12) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. C. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL The parking requirement for office build- ings, as specified in Section 20.30.035B(2l, may be modified in accordance with the following schedule: (ll For the first 125,000 sq. ft., parking shall be provided at one space per 250 sq. ft. of net floor area. C2l For the next 300,000 sq. t't., parking shall be provided at one space per 300 sq. ft. of net t1oor area. (3) Any additional t1oor area. parking shall be provided at one space per 350 sq. ft. of net t1oor area. For pools based on more than 425,000 sq. ft. of net tloor area. the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula. D. OFF-STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: 451 (Newport Beach 4-90) 20.30.040 PLANNING AND ZONING (!) Such lot is so located as to be useful in connection with the pro- posed use or uses on the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the surrounding area. (3) Such lot and the building site are in the same ownership. or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Re- corder and copies thereof filed with the Planning Department. (5) A fee as established by resolution of the City Council is deposited with City for the administrative costs of processing such requests for off- street parking on a separate lot. E. BUILDING LOCATION. In case no building line is established by ( .. the Street and Highway Plan of the Master Plan or by the provisions of this '\. Chapter for the street on which any building will front, in any district with which an "-H" District is combined, no such building shall be erected, con- structed, moved or structurally altered, so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic movements and the standing of vehicles which will be incidental to the use of such building. Such distance to be designated by the Planning Commission as a part of the action on plans submitted with the application for a permit for such building, as provided in Chapter 20.30. (Ord. 89-35 § 3 (part), 1989; Ord. 89-4 § 1, 1989; Ord. 88-17 § 1, 1988: Ord. 85-17 § 8, 1985;0rd. 1850 § l, 1980;0rd. 1663 § l, 1976;0rd. 1657 (part), 1976). 20.30.040 "Z" Combining District. The following regulations shall apply in all Commercial Districts with which are combined "Z" Districts, in addition to the regulations hereinbefore specified therefor. provided, however, that if any of the regulations specified in the "Z" District differ from any of the corresponding regulations specified in this Section for any District with which is combined the "Z" District, then and in such case the provisions of the "Z" District shall govern. A. USES PERMITTED. The following uses shall be permitted in "-Z" Districts: All uses permitted in the respective districts with which the "-Z" Dis- trict is combined, subject to approval as to design of building and design and (Newport Beach 4°90) 452 GENERAL CONTROLS -COMMERCIAL 20.30.040 location of parking lot; except, however, as provided in Subsection Band C below. B. OFF-STREET PARKING REQUIRED -SCHEDULE. Off-street parking, on the building site, or on a separate lot from the building site or sites with City Council approval on recommendation of the Planning Com- mission, shalI be required in all districts with which the "-Z" District is com- bined, according to the following formula: (!) Retail and Wholesale Stores and specialty food uses: One parking space for each 350 square feet of gross t1oor area, and one loading space for each 10,000 square feet of gross t1oor area. (2) Office Buildings (except where any portion is used as a medical or dental office): One parking space for each 350 square feet of net t1oor area. (3) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant in- cluding patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens. restrooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. Based on the following considerations, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: I. The physical design characteristics of the restaurant. (a) The portion of net public area designated for dining, cocktails, or dancing. (b) The number of tables or seats, and their arrangement. ---~r cY-OTfier areas tf!atsf!oulU-logicaf!ybe exc~iu-d~e__,d_f~·ro-m-~th_e_d~e-t_e_rm~in_a_-- tion of net public area. (d) The parking lot design, including the use of small car spaces, tan- dem, and valet parking. (e) Availability of guest dock space for boats. II. The location of the restaurant. (a) In relation to other uses and the waterfront. (b) Availability of off-site parking nearby. (c) Amount of walk-in trade. (d) Parking problems in the area at times of peak demand. m. The operational characteristics of the restactrant. (a) Beer, wine, or full service bar. (b) The use of live entertainment. ( c) The hours of operation. If during the review of the use permit, the Planning Commission uses any of the preceding considerations as a basis for raising or lowering a restaurant's parking requirement, the substance of such considerations shall become conditions of the Use Permit and a change to any of these conditions will require an amendment to the use permit. When an amendment to the use permit is required, the Planning Commission may 453 (Newport Beach 4-90) 20.30.040 PLANNING AND ZONING increase or decrease parking requirements within the ranges noted above. (4) Drive-in and Take-Out Restaurants: One parking space for each 50 square feet of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages. In addition, one parking space shall be provided for each employee on duty, with the number of such spaces to be based on peak employment. (5) Public Assembly: One parking space for each three seats where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main assembly hall where seating is not fixed: where bench seating or pews are provided, 18 linear inches of seating shall be con- sidered to constitute a seat. (6) Theaters: One parking space for each three seats. (7) Hotels: One parking space for each two guest rooms. (8) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. (9) Clinics: One parking space for each 250 square feet of gross floor area, plus one additional space for each doctor and one for each employee. (I 0) Motels: One parking space for each guest unit. ( 11) Apartments: One parking space for each unit having not more than one bedroom; otherwise two parking spaces per unit. ( 12) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. C. OFF-STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: (1) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the surrounding area. (3) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments. approved as to form and content by the City Attorney, providing for the maintenance of the re- quired off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Re- corder and copies thereof filed with the Planning Department. (5) A fee as established by resolution of the City Council is deposited with City for the administrative costs of processing such requests for off- street parking on a separate lot. (Newport Beach 4~90) 454 GENERAL CONTROLS -COMMERCIAL 20.30.045 D. WAIVER OF OFF-STREET PARKING REQUIREMENTS. The Planning Commission may recommend and the City Council may approve, on petition of the property owner, a waiver of or reduction in off-street parking required by the terms of this Section under the following condi- tions: (I) When a municipal parking lot is so located as to be useful in con- nection with the proposed use or uses on the building site or sites. (2) When the building site is subject to two or more uses and the maxi- mum parking requirements for such uses do not occur simultaneously. (Ord. 89-35 § 3 (part), 1989; Ord. 89-3 § I, 1989; Ord. 88-17 § 2, 1988: Ord. 85-17 § 9, 1985: Ord. 1851§I,1980;0rd. 1657 (part), 1976). 20.30.045 Requirements for Off-street Parking. A. APPLICABILITY. The requirements of this Section and any off-street parking standards adopted by the City Council shall apply to the following: (1) All off-street parking lots and areas hereafter developed which are required by this Title. (2) All parking lots which are hereafter permitted subject to first securing a use permit. (3) All parking lots and parking areas which are hereafter required by the Planning Commission as a condition of granting a use permit. Such off-street parking standards shall be adopted by resolution and shall show minimum dimensions of parking spaces and aisles, requirments for entrances and exits, and requirements for markings and other devices deemed necessary to protect patrons, the traffic on adjoining streets and ___ a]lej's,-and-prope~t-y-owner-s-in-the-v-ieinit-y. 454-1 (Newport Beach 4-90) GENERAL CONTROLS -COMMERCIAL 20.30.050 B. BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin property in an R-1 or R-2 District, a wall shall be constructed along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of disturbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of which must be of solid masonry construction. C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Building Official for approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this Section and in the off-street parking standards. If the proposed parking lot or parking area as shown on the plot plan meet the requirements, the Building Official shall endorse his written approval on the plan and retain a copy thereof. If the proposed plot plan does not meet the requirements of this Section, the Building Official shall return the plan to the applicant, together with a written statement setting forth the deficiencies in the plan, within ten calendar days after the submission of the plan to the Building Official. The parking lot or parking area shall be developed and maintained in accordance with the plan as approved. D. VARIANCE. Where the size, shape, location, or topography of the proposed parking Jot or parking area make compliance with the requirements of tills Section impractical and will result in hardship, the Planning Commission, upon application, may waive such requirements of this Section ------:ancl-the-off-street--parking-starrdards-as-are-n-e.:essary-to--pernrtr-development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detrimental to surrounding property. (Ord. 1657 (part), 1976). 20.30.050 Plans and Drawings for Commercial Districts. A. In case an application is made for a permit for any building or structure in any Commercial District, the application shall be accompanied by architectural drawings or sketches and plot plans, all to a workable scale. showing the elevation of the proposed building, or structure and proposed landscape or other treatment of the grounds around such building or structure and other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be considered by the Planning Commission in an endeavor to provide that such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the City, or not to impair the desirability of investment or occupation in the neighborhood. B. ARCHITECTURAL COMMITTEE APPOINTMENT AND MEMBERSHIP. The Planning Commission may appoint an Architectural Committee of three members, who may be employees in the following 455 (Newport Beach 2~90) 20.30.055 PLANNING AND ZONING departments: Department of Community Development and City Engineer. C. AUTHORITY OF ARCHITECTURAL COMMITTEE STANDARDS. The Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 20.30.0SO(A.), but all approvals shall be based on standards of good architectural design; such standards, which shall be entitled "Drawings and Illustrated Architectural Standards for Certain Areas Designated in Title 20 of the Municipal Code of the City of Newport Beach," shall be approved by the Planning Commission and the City Council, and shall be on file in the Department of Community Development. The drawings shall show desirable architectural standards, but are not designs which must be copied in order to secure approval of plans. D. APPEAL FROM ARCHITECTURAL COMMITTEE ACTION. In case the applicant is not satisfied with the decision of the Architectural Committee, he may within thirty days after such action appeal in writing to the Planning Commission. The Architectural Committee may, if it deems advisable, refer any application for architectural approval to the Planning Commission for its decision. E. APPEAL FROM PLANNING COMMISSION ACTION. In case the applicant is not satisfied with the action of the Planning Commission, he may within twenty-one (21) days appeal in writing to the City Council and the Council shall render its decision within thirty (30) days after the filing of such appeal. F. APPROVAL OF PLANS REQl,JISITE TO PERMIT ISSUANCE. No permit shall be issued in any case as provided in Section 20.30.0SO(A.) until such drawings and sketches have been approved by the Planning Commission or by the City Council in the event of appeal :from the Planning Commission, and all buildings, structures and grounds shall be in accordance with the drawings and sketches. (Ord. 1657 (part), 1976). 20.30.055 Building Site Area Exception. Any lot or parcel of land under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the regulations for the District in which it is located. (Ord. 1657 (part), 1976). Sections: 20.31.010 20.31.015 20.31.020 20.31.025 20.31.030 20.31.035 (Newport Beach 2-90) Chapter 20.31 A-P DISTRICT Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Building Height, Building Bulk, and Floor Area Limit. Site Area. Yards. 456 20.31.040 20.31.050 20.31.055 20.31.065 Extensions into Yards. Automobile Parking and Storage Space. Requirements for Off-Street Parldng. A-P DISTRICT Plans and Drawings for Commercial Districts. 456-1 (Newport Beach 7-15-77) A·P DISTRICT 20.31.010-20.31.030 20.31.010 Effect of Chapter. The following regulations apply in all A-P Districts and shall be subject to the provisions of Chapter 20.30. (Ord. 1657 (part), 1976). 20.31.01 S Uses Permitted. The following uses shall be permitted in A·P Districts: (a) Professional offices, business offices, banks, conservatories of art and music, art studios, art galleries, community centers, social halls, lodges and clubs, medical centers, physical, medical and diagnostic laboratories, photography studios, pharmacies for dispensing of drugs and medical supplies only, and other uses which in the opinion of the Planning Commission are of a similar nature. (b) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (c) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls -Commercial Districts. (d) Signs in accordance with Chapter 20.06. (Ord. 1753 §II, 1977: Otd. 1657 (part), 1976). 20.31.020 Uses Requiring Use Permit. The following uses shall be per- mitted subject to first securing a use permit in each case: (a) Dance studios, restaurants, outdoor ·restaurants, drive-in and take- out restaurants, retail sales and interior decorating studios. ________ ,(b.)__Recreational-estab1ishments,--in£tituti0ns,--eemeteries,publie-buildl~----­ ings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls -Commercial Dis· tricts. (Ord. 85-17 § 2, 1985: Ord. 1657 (part), 1976). 20.31.025 Building Height, Building Bulk, and Floor Area Limit. The total gross floor area and building bulk contained in all buildings on a build- ing site in an A-P District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.20. (Ord. 89-19 § 3 (part), 1989: Ord. 1657 (part), 1976). 20.31.030 Site Area. The building site area required shall be a minimum of 2,000 square feet. The minimum building site frontage required shall be 25 feet. (Ord. 1657 (part), 1976). 457 (Newport Beach 2·90) 20.31.035-20.32.010 PLANNING AND ZONING 20.31.035 Yards. A. FRONT YARDS. The minimum width required for front yards shall be 15 feet; provided, however, that where the frontage in a block is partially in an R District the front yard shall be not Jess than that required in such R District. B. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 5 feet. Rear yards abutting on alleys shall have a minimum width of 10 feet. (Ord. 1657 (part), 1976). 20.31.040 Extensions into Yards. Regulations are as specified in Section 20.30.025 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.31.050 Automobile Parking and Storage Space. Regulations are as specified in Section 20.30.030 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.31.055 Requirements for Off-Street Parking. Regulations are as specified in Section 20.30.045 General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.31.065 Plans and Drawings for Commercial Districts. Regulations are as specified in Section 20.30.050 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). Sections: 20.32.010 20.32.015 20.32.020 20.32.025 20.32.030 20.32.035 20.32.040 20.32.050 20.32.055 20.32.065 Chapter 20.32 C-N DISTRICT Effect of Chapter. Uses Permitted. Uses Requiring Use Permit. Building Height, Building Bulk, and Floor Area Limit. Site Area. Yards. Extensions into Yards. Automobile Parking and Storage Space. Requirements for Off-Street Parking. Plans and Drawings for Commercial Districts. 20.32.010 Effect of Chapter. The following regulations shall apply in all C·N Districts, subject to the provisions of Chapter 20.30. (Ord. 1657 (part), 1976). (Newport Beach 2-90) 458 C-N DISTRICT 20.32.015-20.32.035 20.32.015 Uses Permitted. The following uses shall be pennitted in C-N Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building, including appliance stores, bakeries (not wholesale), banks, barber shops, beauty parlors, book stores, department stores, drug stores, food shops, hardware stores, nurseries, offices, radio stores, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (c) Accessory uses nonnally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes pennitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls -Commercial Districts. (e) Signs in accordance with Chapter 20.06. (Ord. 90-31 § I (part), 1990; Ord. 89-35 § 3 (part), 1989; Ord. 1753 § 12, 1977: Ord. 1657 (part), 1976). 20.32.020 Uses Requiring Use Permit. The following uses shall be pennitted subject to the securing of a use pennit in each case: (a) Gasoline service stations, drive-in facilities, restaurants, outdoor restaurants and drive-in and take-out restaurants. (b) Recreational establishments, institutions, cemeteries, public buildings, parldng of automobiles on roofs, removal of earthen materials, heliIJQrts and helistops, outdoor lighting may be pennitted as specified more particularly in Section 20.30.020 of General Controls -Commercial Districts. (Ord. 85-17 § 3, 1985: Ord. 1753 § 13, 1977: Ord. 1657 (part), 1976). 20.32.025 Building Height, Building Bulk, and Floor Area Limit. The total gross floor area and building bulk contained in all buildings on a building site in a C-N District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height specified in Chapter 20.02. (Ord. 89-19 § 3 (part), 1989: Ord. 1657 (part), 1976). 20.32.030 Site Area. The building site area required shall be a minimum of 2,000 square feet. Minimum building site frontage required shall be 25 feet. (Ord. 1657 (part), 1976). 20.32.035 Yards. Front yards shall have a minimum width of 15 feet; provided, however, that where the frontage in a block is partially in an R District, the front yard shall be not less than that required in such R District (Ord. 1657 (part), 1976). 459 (Newport Beach 2-91) 20.32.040-20.33.010 PLANNING AND ZONING 20.32.040 Extensions into Yards. Regulations are as specified in Section 20.30.025 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.32.050 Automobile Parking and Storage Space. Regulations are as specified in Section 20.30.030 of General Control -Commercial Districts. (Ord. 1657 (part), 1976). 20.32.055 Requirements for Off-Street Parking. Regulations are as specified in Section 20.30.045 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.32.065 Plans and Drawings for Commercial Districts. Regulations are as specified in Section 20.30.050 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). Chapter 20.33 COMMERCIAL DISTRICT REGULATIONS" Sections: 20.33.010 20.33.015 20.33.020 20.33.025 20.33.030 20.33.035 20.33.040 20.33.045 20.33.050 20.33.055 20.33.060 20.33.065 20.33.070 Effect of Chapter. Intent and Purpose. Use of Land or Structures. Temporary Uses and Structures. Dwellings in Commercial Districts. Site Area and Frontage. Floor Area, Building Bulle, and Building Height. Setbacks. Extensions into Yards. Automobile Storage or Parking Spaces for Commercial Uses. Off-street Parking on a Separate Lot. Standards for Off-street Parking. Specific Districts. 20.33.010 Effect of Chapter. The general controls contained in this Chapter shall apply to all developments in the Retail and Service Commercial, Recreational and Marine Commercial, and Administrative, Professional, and Financial Commercial Districts. (Ord. 90-41 § 1 (part), 1990). •Prior ordinance history: Ords. 1657, 1753, 1856, 85-17, 89-35 and 90-31. (Newport Beach 2-91) 460 COMMERCIAL DISTRICT REGULATIONS 20.33.015-20.33.025 20.33.015 Intent and Purpose. It is the intent of the City to provide a variety of commercial districts for the conduct of private business, and to accommodate other incidental or mixed uses and to establish development standards under which those uses would be permitted. (Ord. 90-41 § I (part), 1990). 20.33.020 Use of Land or Structures. Uses permitted in commercial districts and uses permitted upon the approval of the Planning Director, Modifi- cations Committee, or Planning Commission shall be as provided in Table 20.33 and provided further as follows: A. HELIPORTS AND HELISTOPS. No helicopter shall land or take off and no heliport or helistop shall be established in any Commercial District unless a Use Permit shall first have been secured for the establishment, mainte- nance, and operation of such use. The License Supervisor may approve tempo- rary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if the License Supervi- sor determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area. Appropriate conditions to such approval may be attached. B. OUTDOOR LIGHTING. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 93-1§I,1993: Ord. 90-41§1(part),1990). 20.33.025 Temporary Uses and Structures. A. INTENT AND PURPOSE. The intent and purpose of this Section is to establish procedures whereby the Planning Director or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when such uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and do not violate any other ordinances and regulations of the City. B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED NINETY (90) DAYS. The Planning Director may authorize the temporary use of structures and land in any Commercial District for a period of time not to exceed ninety (90) days. Prior to approving a temporary use the Planning Director shall inform the Planning Commission of the intent to permit the temporary use and shall take whatever steps or precautions are necessary to assure that the use will be consistent with the purpose and intent of this Section and that the land or building will be restored at such time as the use is termi- nated. 461 (Newport Beach I 0-93) 20.33.030-20.33.045 PLANNING AND ZONING C. TEMPORARY USES AND STRUCTURES IN EXCESS OF NINETY (90) DAYS. The Planning Commission may authorize the temporary use of structures and land in any Commercial District for periods of time in excess of ninety (90) days subject to the securing of a use permit in each case. In approving the use permit the Planning Commission may impose whatever conditions it deems necessary to assure that the purpose and intent of this Section are carried out and shall establish a specific point in time when the permit is to be terminated and the site restored. D. TEMPORARY REAL ESTATE STRUCTURES. The Planning Director may approve temporary sales offices for the first sale or lease of structures and/or lots for a period of time up to one (I) year following the recordation of the final subdivision map, or when a map is required, one (1) year following issuance of a building permit. E. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUC- TURES. The Planning Director and the Planning Commission may authorize extensions of time subject to the procedures specified above. (Ord. 90-41 § l (part), 1990). 20.33.030 Dwellings in Commercial Districts. Residential uses shall be permitted only where the commercial district is combined with the Residential Overlay (-R) District, in compliance with Chapter 20.37. (Ord. 90-41 § l (part), 1990). 20.33.040 Floor Area, Building Bulk, and Building Height. The total gross floor area and building bulk contained in all buildings on a buildable site in any commercial district shall be as specified in Chapter 20.07. The building height limit shall be as specified in Chapter 20.02. (Ord. 90-41 § l (part), 1990). 20.33.045 Setbacks. A. YARDS. Setbacks shall be as follows unless other- wise indicated on the Districting Maps. l. Front Yards. No front yard setback shall be required except as modified by the provisions of Section 20.33.070 C, APF District Controls. 2. Side Yards. No side yard setback shall be required except where the side of a lot abuts an R district, in which case a side yard setback of at least five (5) feet shall be maintained. 3. Rear Yards. No rear yard setback shall be required except as follows: a. Where the rear of a lot abuts an R district a rear yard setback of at least five (5) feet shall be maintained. b. Where the rear of a lot abuts an alley, a rear yard setback of at least ten (l 0) feet shall be maintained. (Newport Beach 10-93) 462 ( \ COMMERCIAL DISTRICT REGULATIONS 20.33.050-20.33.055 4. Bulkhead Setbacks. A setback of at least ten (10) feet shall be maintained from all bulkheads. B. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from the mapped street. In no case shall the provisions of this Title be construed as permitting any encroachment upon any mapped street. C. BUILDING LOCATION. Where no building line is established by the Master Plan of Streets and Highways or by the provisions of this Chapter for the location of any building, all buildings shall be located an adequate distance from all travel lanes to provide adequate space for the pedestrian and traffic movements and the standing of vehicles which will be incidental to the use of such building. The distance shall be designated by the Planning Commission. (Ord. 90-41 § 1 (part), 1990). 20.33.050 Extensions into Yards. A. ARCHITECTURAL FEATURES. Architectural features such as cornices or eaves may extend up to two-and-one- half (2-1/2) feet into any required setback; provided, however, that such architectural features shall not project any closer than two (2) feet to any side property line. Any such features shall maintain a clearance above grade vertically of at least eight (8) feet. B. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a maximum distance of five (5) feet into any required front yard setback. ------~L·~M~AR~"'QUEES_, AWNINGS,_AND_SHADES._MariJuees,_awnings,_or __ _ shades may project into any setback a maximum of five (5) feet or half the depth of the required setback, whichever is less, provided a minimum side yard setback of two (2) feet is maintained. Any such marquee, awning or shade shall maintain a clearance above grade vertically of at least eight (8) feet. Any such projection from the building shall be supported entirely by the wall of the building, and shall meet all requirements of the Building Code. (Ord. 90-41 § l (part), 1990). 20.33.055 Automobile Storage or Parking Spaces For Commercial Uses. A. REQUIRED PARKING. Off-street parldng shall be provided on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sites, and shall be required according to the following formula. All properties in commercial districts which do not meet the requirements of this Section shall be classified as nonconforming and subject to the provisions of Chapter 20.83. 1. Retail Stores and Specialty Food Uses. One parldng space for each 462-1 (Newport Beach 2-91) 20.33.055 PLANNING AND ZONING two hundred fifty (250) square feet of gross floor area, and one loading space for each ten 1housand ( 10,000) square feet of gross floor area. 2. Office Buildings. (Except Where Portion Is Used As a Medical or Dental Office). One parldng space for each two hundred fifty (250) square feet of net floor area, except as provided in Section 20.33.055 (B) below. 3. Wholesale and Industry. One parldng space for each two 1housand (2,000) square feet of gross floor area and one loading space for each ten 1housand (10,000) square feet of gross floor area. One parldng space shall be provided for each two hundred fifty (250) square feet of gross floor area of office space or retail space provided in conjunction wi1h any wholesale or industrial use. 4. Restaurants. One space for each forty (40) square feet of net public area. "Net public area" shall be defined as 1he total area of 1he restaurant including patios, balconies, and any outdoor areas capable of being used for 1he purpose of serving food or beverages, wi1h 1he exception of kitchens, rest rooms, offices pertaining to 1he restaurant only, and food and beverage service or storage areas. Based on 1he following considerations, 1he Planning Commission may increase or decrease 1he parking requirement for a restaurant wi1hin the range of one space for each thirty (30) to fifty (50) square feet of net public area: a. Physical design characteristics of 1he restaurant and restaurant site. i) Portion of net public area designated for dining, cocktails, or dancing; ii) Number of tables or seats, and 1heir arrangement; iii) Other areas 1hat should logically be excluded from 1he determination of net public area; iv) Parldng lot design, including 1he use of compact parldng spaces, tandem parldng, and valet parldng; v) Availability of guest dock space for boats. b. Location of 1he restaurant. i) In relation to other uses and 1he waterfront; ii) Availability of off-site parldng nearby; iii) Amount of walk-in trade; iv) Parldng problems in the area at times of peak demand. c. Operational characteristics of 1he restaurant. i) Beer, wine, or full service bar; ii) Use of live entertainment; iii) Hours of operation. If during 1he review of 1he use permit, 1he Planning Commission uses any of 1he preceding considerations as a basis for raising or lowering a restaurant's parldng requirement, the substance of such considerations shall become conditions of the use permit and a change to any of 1hese conditions will require an amendment to the use permit. When an amendment to the use permit is required, 1he Planning Commission may increase or decrease parldng requirements wi1hin 1he ranges noted above. (Nowpon Boach 2-91) 462-2 COMMERCIAL DISTRICT REGULATIONS 20.33.055 5. Outdoor Restaurants, Drive-in and Take-out Restaurants. One parldng space for each fifty (50) square feet of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages. In addition, one parking space shall be provided for each employee on duty, with the number of such spaces to be based on peak employment 6. Public Assembly. One parking space for each three seats where fixed seating is provided, or one parking space for each thirty-five (35) square feet of gross floor area in the main assembly hall where seating is not fixed; where bench seating or pews are provided, eighteen (18) linear inches of seating shall be considered to constitute a seat 7. Theaters. One parking space for each three (3) seats. 8. Hotels. Parking shall be provided on the basis of a demonstrated formula to be approved by the Planning Commission. 9. Motels, Inns, and Bed and Breakfast Establishments. One (1) parking space for each guest unit. 10. Hospitals. One (1) parking space for each bed, and in addition one (l) parldng space for each resident doctor and one (1) for each employee. 11. Clinics. One (!) parking space for each two hundred fifty (250) square feet of gross floor area, plus one (1) additional space for each doctor and one (1) for each employee. 12. Medical and Dental Office Buildings. One (1) parking space for each two hundred fifty (250) square feet of gross floor area. B. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified in Section 20.33.055(A), may be· modified in accordance with the following schedule: 1. For the first one hundred twenty-five thousand (125,000) sq. ft., one (1) parldng space shall be provided for each two hundred fifty (250) sq. ft. of net floor area. 2. For the next three hundred thousand (300,000) sq. ft, one parldng space shall be provided for each three hundred (300) sq. ft. of net floor area. 3. For any additional floor area, one (1) parking space shall be provided for each three hundred fifty (350) sq. ft. of net floor area. For pools based on more than four hundred twenty-five thousand (425,000) sq. ft. of net floor area, the Planning Commission may modify the parking formula by use permit, based on a demonstrated formula. C. WAIVER OF OFF-STREET PARKING REQUIREMENTS. The Planning Commission may recommend and the City Council may approve, on petition of the property owner, a waiver of or reduction in off-street parking required by the terms of this Section under the following conditions: 462-3 (Newport Beach 2-91) 20.33.06()-20.33.065 PLANNING AND ZONING 1. When a municipal parldng lot is so located as to be useful in connection with the proposed use or uses on the building site or sites; 2. When the building site is subject to two (2) or more uses and the maximum parking requirements for such uses do not occur simultaneously. (Ord. 90-41 § 1 (part), 1990). 20.33.060 Off-street Parking on a Separate Lot. The Planning Commission shall not recommend and the City Council shall not approve off- street parldng on a separate lot from the building site or sites unless: 1. Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites; 2. Parldng on such lot will not create undue traffic hazards in the surrounding area; 3. Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites); 4. The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off- street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department; 5. A fee as established by resolution of the City Council is deposited with the City for the administrative costs of processing such requests for off-street parking on a separate lot. (Ord. 90-41 § 1 (part), 1990). 20.33.065 Standards for Off-street Parking. A. APPLICABILITY. The requirements of this Section and any off-street parldng standards adopted b the City Council shall apply to all off-street parldng lots and areas which are required by this Title. Such off-street parldng standards shall be adopted by resolution and shall specify minimum dimensions of parldng spaces and aisles, requirements for entrances and exits, and requirements for markings and other devices deemed necessary to protect patrons, the traffic on ad joining streets and alleys, and property owners in the vicinity. B. BOUNDARY WALL. Where the boundaries of parking lots or parldng (Newport Beach 2·91) 462-4 COMMERCIAL DISTRICT REGULATIONS 20.33.070 areas adjoin property in a Residential District, a wall shall be constructed along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automo- bile lights, and other similar sources of disturbance. The wall shall be construct- ed of solid masonry to a height of three (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 six (6) feet in height, the lower four (4) feet of which must be of solid masonry construction. C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Traffic Engineer and the Building Official for their review and approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this Section and in the off- street parking standards. The Building Official shall retain a copy of the approved plan. The parking lot or parking area shall be developed and main- tained in accordance with the approved plan. D. EXCEPTIONS. Where the size, shape, location, or topography of the proposed parking lot or parking area make compliance with the requirements of this Section impractical and will result in hardship, the Modifications Committee, upon application, may waive such requirements of this Section and the off-street parking standards as are necessary to permit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detrimental to surrounding property. (Ord. 90-41 § 1 (part), 1990). ------~2~0~.3~3~.0~7~0~~S.l!ecific Districts. It is tbe_City_'s_intenLto_establish_specific ______ _ commercial districts where uses are organized for particular purposes as follows. A. RETAIL AND SERVICE COMMERCIAL (RSC) DISTRICT. It is the intent of the RSC District to provide areas which are predominantly retail in character but which allow some service office uses. B. RECREATIONAL AND MARINE COMMERCIAL (RMC) DIS- TRICT. 1. Intent. It is the intent of the RMC District to preserve and encourage uses with a marine commercial and visitor serving orientation in waterfront areas. 2. Special Controls. With the RMC District, certain uses shall be permitted only where combined with marine incentive uses which occupy at least forty percent (40%) of the lot. Incentive uses and those uses with which marine incentive uses are required are indicated on Table 20.33. For purposes of determining compliance with this Section, "site" shall be defined as the total land area within the established property lines of a parcel, including any portion under water. Forty percent (40%) of this total area shall be occupied by an incentive use as defined herein. For those permitted uses such as boat slips located between the U.S. Bulkhead Line and the U.S. 462-5 (Newport Beach 8-94) 20.33.070 PLANNING AND ZONING Pierhead Line, any area on the site supporting the permitted uses, such as parking devoted exclusively to the boat slips, shall be included in the calcula- tion of incentive uses to determine compliance with this Section. Where a mixed-use development is proposed, the area devoted to non- incentive, permitted uses which are not required to operate in conjunction with an incentive use shall be subtracted from the total area of the development. Forty percent ( 40%) of the balance of the total development shall be devoted to an incentive use. C. ADMINISTRATIVE, PROFESSIONAL, AND FINANCIAL COM- MERCIAL (APP) DISTRICT. 1. Intent. It is the intent of the APP District to provide areas which are predominantly used for offices but which also accommodate support retail and service uses. 2. Special Controls. (a) Notwithstanding the provisions of Section 20.33.045A, a fifteen foot yard setback shall be maintained on all property located in the APP District except where otherwise specified on the Districting Maps. (b) Within the APP District, ancillary personal service and retail uses shall be permitted on a property separate from the principle use upon the finding by the Planning Director that the uses remain subordinate to and serve the principle use pursuant to the definition contained in Section 20.87.355 of the Zoning Code. (Ord. 94-24 § I, 1994; Ord. 92-47 §1, 1992: Ord. 90-41 § 1 (part), 1990). (Newport Beach 8-94) 462-6 COMMERCIAL DISTRICT REGULATIONS TABLE 20.33 LAND USES TYPE OF USE EXAMPLES RSC APF RMC Reduced Far Uses (Floor area up to 0.3) PUBLIC ASSBMBL Y AUDITORIUMS UP UP UP THEATERS UP UP UP FOOD USES DRIVE-IN/fAKE our RESTAURANTS UP VIA UP RESTAURANTS UP VIA UP DRIVE-IN FACilJTIES UP VIA UP MISC. HEAL TH CLUB/AEROBICS STUDIOS UP VIA UP MINI-MARTS YES ANC UP SOCTAL CLUBS UP UP UP BASE FAR USES (Floor area ratio up to 0.5) ART OR INSTRUCTIONAL ART STUDIOS YES YES YES FACILITIES PHOI'OGRAPHY STUDIOS YES YES UP DANCE STUDIOS UP NO NO MUSIC/ART SCHOOLS UP UP UP PRIVATE INSTRUCTIONAL UP UP UP FA-CII1TIES 462-6a (Newport Beach 2-93) COMMERCIAL DISTRICT REGULATIONS 20.33.070 TYPE OF USE EXAMPLES RSC APF RMC MARINE USES BOAT CHARTER (BOATS PRESEN'l) UP NO INC-P BOAT SALES (BOATS PRESENT) UP NO INC-P MARINE SERVICE STATION UP NO INC-UP AUTOMOBILE RELATED AUTO DETAILING/CAR WASH UP UP UP USES AUTO RENTAL (OFFICE ONLY) YES YES UP• AUTO RENTAL (VElllCLES PRESEN'l) UP UP NO AUl'O REPAIRS UP NO NO AUTO SALES/LEASING UP NO NO (VElllCLES PRESEN'l) UP U/A NO AUTO WINDOW TINTING INSTALLATION OF AUTO SOUND UP NO NO SYSTEMS UP NO NO GASOLINE SERVICE STATIONS UP UP UP PROFESSIONAL SERVICES ACCOUNf ANTS YES YES up• ARCIIlTECTS YES YES UP• ATTORNEYS YES YES UP' CHIROPRACTORS YES YES UP' DENTAL OFFICE YES YES UP• ENGINEERS YES YES UP• INTERIOR DECORATORS YES YES up• MARINE-RE LA TED OFFICE YES YES YES INCLUDING' YES YES YES BOAT CHARTER (OFFICE ONLY) YES YES YES BOAT SALES (OFFICE ONLY) YES YES YES MEDICAL OFFICE YES YES UP• PRINTERS YES YES UP• REALTORS/ESCROW YES YES UP' OTHER PROFESSIONAL SERVICES YES YES UP' YES YES UF• FREEST ANDINO OFFICES CORPORATE OFFICE BUILDINGS NO YES NO NOT OFFERING GOODS OR EDITORIAL AND DESIGN NO YES NO SERVICES TO TIIE RESEARCH AND DEVELOPMENT NO YES NO GENERAL PUBLIC PERSONAL SERVICES ACUPUNCTURE YES YES UP• BARBERS YES ANC UP• BEAUTY PARLORS YES ANC UP' CLEANERS/LAUNDRIES YES ANC UP• (COLLECTION ONLY) CLEANERS/LAUNDRIES UP NO NO (PLANT ON PREMISES) FORTUNETELLING YES YES UP' MASSAGE ESTABLISHMENTS YES YES UP• (accessory) MASSAGE ESTABLISHMENTS UP UP UP' (independent) MORTUARIES UP UP' REPAIR OF SMALL APPUANCES YES UP' SHOE REPAIR YES UP' TAILORS YES ANC UP• OTHER PERSONAL SERVICES YES ANC UP• 462-7 (Nowport B .. ch 8-94) 20.33.070 PLANNING AND ZONING TYPE OF USE EXAMPLES RSC APF RMC RETAIL ART GALLERIES YES YES YES APPLIANCE STORES YES ANC NO BAKERIES YES ANC YES BOOKSTORES YES ANC YES CLCYl'HING STORES YES ANC YES DELICATESSENS YES ANC YES DEPARTMENT STORES YES NO NO HARDWARE STORES YES ANC p• JEWELRY STORES YES ANC YES OUIDOOR SALES UP NO UP PHARMACIES YES ANC NO PLAN!' NURSERIES YES NO NO RETAIL MARINE SALES YES ANC INC-P SHOE STORES YES ANC p• SPECIALTY SHOPS YES ANC p• SPECIALTY FOOD SERVICES PD PD PD (PER 20.72) SUPERMARKETS YES NO NO GENERAL RETAIL SALES YES ANC p• RECREATIONAL GYMS UP UP UP FACILITIES BILLIARD PARLORS UP UP UP RETAIL AND SERVICE ANIMAL HOSPITALS UP UP NO COMMERCIAL WITH PET SHOPS UP NO NO ANIMALS PRESENT DOG GROOMERS UP NO NO PUBLIC ASSEMBLY /CLUBS SERVICE CLUB UP UP UP YACHT CLUB UP UP INC-UP MISC. BANKS/LENDERS YES YES UP• DAYCARE YES ANC UP• HANDICRAFT ESTABLISHMENTS YES NO P• LAUNDROMATS YES NO UP• ACCESSORY USES INCIDENTAL TO COMMERCIAL DEVELOPMENTS, YES YES YES CONSTRUCI'ED CONCURRENT WITH OR SUBSEQUENT TO TIIB MAIN BUILDING WHERE THE CHARACTER OF TIIB PREMISES IS NOT ALTERED (Nowport Boaoh 8-94) 462-8 COMMERCIAL DISTRICT REGULATIONS 20.33.070 TYPE OF USE EXAMPLES RSC APF RMC MAXIMUM FAR USES (Floor area ratio up to 0.75 or 1.0) MARINE USES BOAT BUILDING NO NO INC-UP BOAT HAUL-OUT NO NO INC-P BOAT REPAIR NO NO INC-P OVERNIGHT BED AND BREAKFASTS UP UP UP ACCOMMODATIONS HCYfBL UP UP UP MCYfBL UP UP UP INDUSTRIAL GENERAL UGHT INDUSTRIAL NO NO UP* GENERAL UGHT MANUFACTURING NO NO NO HBA VY INDUSTRIAL NO NO NO GENERAL LABORATORIES NO NO NO MACHINE SHOPS NO NO NO MARINE INDUSTRIAL NO NO INC-UP MARINE MANUFACTURING NO NO INC-UP MEDICAL LABO RA TORIES NO YES NO RESEARCH LABORATORIES NO NO NO WHOLESALE WHOLESALE SALES ANC ANC ANC CONGREGATE RESIDENCES CONGREGATE CARE FACillTIES UP UP NO ELDERLY RESIDENTIAL UP UP UP SINGLE ROOM OCCUPANCY UP UP UP STORAGE DRY BOAT STORAGE NO NO INC-P MINISTORAOE WHERE UP UP UP SPECIFICALLY PERMI'ITED BY TIIE GENERAL PLAN MINISTORAGE;-GENERAlLY NO NO NO GENERAL STORAGE WHERE UP UP UP SPECIFICALLY PERMI'ITED BY THE GENERAL PLAN GENERAL STORAGE NO NO NO OUTDOOR STORAGE NO NO UP 462-9 (Newport Boach 8-94) 20.33.070 PLANNING AND ZONING TYPE OF USE EXAMPLES RSC APF RMC FIXED FLOOR AREA RA TIO USES CEMETERY/MAUSOLEUM/ NO NO NO CREMATORIUM FREEST ANDING RELIGIOUS NO NO NO FACILITIES MUNICIPAL OfFICES NO NO NO COMMUNITY CENTERS UP UP UP HOSPITALS NO NO NO PUBLIC LIBRARIES NO NO NO MUSEUMS UP UP UP POST OFFICE (FEDERAL) NO NO NO RESERVOIRS/WATER FACILITIES NO NO NO SCHOOLS NO NO NO TRANSIT FACU,ITIES UP U/A UP UTILITY SUBSTATIONS NO NO NO >>>>>011-IER<<<<< OUTDOOR LIGHTING WITHIN 200 UP UP UP FEET OF A RESIDENTIAL DISTRICT TEMPORARY USES UP TO 90 DAYS PD PD PD TEMPORARY USES OVER 90 DAYS UP UP UP TEMPORARY HBLISTOPS (UP TO 90 PD PD PD ( DAYS) HEU STOPS OVER 90 DAYS UP UP UP PORTABLE BUILDINGS UP UP UP ROOFTOP PARKING UP UP UP TENNIS CLUB NO NO NO GOLF COURSE NO NO NO REMOVAL OF BARTilEN MA TE RIAL UP UP UP EXCEEDING NORMAL GRADING FOR SITE PREPARATION OR LANDSCAPING SIGNS PER CHARTER 20.06 YES YES YES (Newport Be"h 8-94) 462-10 COMMERCIAL DISTRICT REGULATIONS YES=PERMl'ITED ANC=PERMIITED IF ANCILLARY UP=PERMITI'ED WITH USE PERMIT U/A=PERMl'ITED WITII USE PERMIT IF ANCILLARY INC·P=INCENTIVE USE WHICH IS PERMITI'ED INC·UP=INCENTIVE USE PERMITI'ED UPON THE APPROVAL OF A USE PERMIT P*=USES PERMITI'ED WHEN IN CONJUNCTION WITH AN INCENTIVE USE OCCUPYING AT LEAST 40% OF THE SITE AS PROVIDED UNDER SECTION 20.30.020 A UP*= USES PERMITTED UPON THE APPROVAL OF A USE PERMIT WHEN IN CONJUNCTION WITH AN INCENTIVE USE OCCUPYING AT LEAST 40% OF THE SITE AS PROVIDED UNDER SECTION 20.30.020 A PD=SUBJECT TO APPROVAL OF THE PLANNING DIRECTOR MOD=SUBJECT TO APPROVAL OF THE MODIFICATIONS COMMITTEE NO=PROHIBITED 20.33.070 462-11 (Newport Beach 2-91) 20.34.01(}-20.34.015 PLANNING AND ZONING Sections: 20.34.010 20.34.015 20.34.020 20.34.025 20.34.030 20.34.035 20.34.040 20.34.050 20.34.055 20.34.060 20.34.065 Chapter 20.34 C-0 DISTRICT Effect of Chapter. Uses Pennitted. Uses Requiring Use Pennit. Building Height, Building Bulk, and Floor Area Limit. Site Area. Yards. Extensions into Yards. Automobile Storage or Parldng Space-Residential Uses. Automobile Storage or Parldng Space-Commercial Uses. Requirements for Off-Street Parldng. Plans and Drawings for Commercial Districts. 20.34.010 Effect of Chapter. The following regulations shall apply in all C-0 Districts, subject to the provisions of Chapter 20.30. (Ord. 1657 (part), 1976). 20.34.015 Uses Permitted. The following uses shall be pennitted in C-0 Districts: (a) Multiple dwellings or apartment houses, hotels, motels, professional offices, clubs. (b) Retail sales, specialty food uses in accordance with Chapter 20. 72, and wholesale sales when combined with retail sales of a similar nature; storage therefor shall be within a building, except for boats. (c) Accessory uses nonnally incidental to uses pennitted in the district. (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls -Commercial Districts. (Newpon Beach 2·91) 462-12 C-0 DISTRICT 20.34.020-20.34.035 (e) Signs in accordance with Chapter 20.06. (Ord. 90-31 § 1 (part), 1990; Ord. 89-35 § 3 (part), 1989: Ord. 1753 § 15, 1977: Ord. 1657 (part), 1976). 20.34.020 Uses Requiring Use Permit. The following uses shall be per- mitted subject to the securing of a use permit in each case: (a) Light manufacturing, including repair of boats, and other uses which in the opinion of the Planning Commission are of similar nature. (b) Gasoline service stations, drive-in facilities, restaurants, outdoor restaurants, and drive-in and take-out restaurants. (c) Recreational establishments, institutions, cemeteries, public build- ings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls -Commercial Dis- tricts. (Ord. 85-17 § 5, 1985: Ord. 1753 § 16, 1977: Ord. 1657 (part), 1976). 20.34.025 Building Height, Building Bulk, and Floor Area Limit. The total gross floor area and building bulk contained in all buildings on a build- ing site in the C-0 District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 89-19 § 3 (part), 1989: Ord. 1657 (part), 1976). 20.34.030 Site Area. A GENERAL. The building site area required shall be a minimum of 2,000 square feet. Minimum building site frontage shall be 25 feet. B. EACH FAMILY UNIT. For each family unit in any building or --------group ofouili:lings, the m1mmum lot area shall be 800 square feet. - C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel or motel, the minimum lot area shall be 300 square feet. (Ord. 1657 (part), 1976). 20.34.035 Yards. A. FRONT YARDS. Except as may be indicated on the Districting Maps, no front yards shall be required; provided, however, that where the frontage in a block is partially in an R District, the front yard shall be the same as required in such R District. B. SIDE YARDS. For buildings in excess of three stories in height, which are designed exclusively for uses other than residential, there shall be a side yard on each side of the building, beginning with the fourth story, of not less than five feet. The side yards shall be increased in width a distance equal to two percent of the average width of lot for each story in excess of four. In no event, however, shall a side yard of more than 25 feet be required. For buildings designed to be used in whole or in part for residential purposes, there shall be a side yard on each side of the building. beginning 463 (Newport Beach 9-90) 20.34.040-20.34.065 PLANNING AND ZONING with the first story used in whole or in part for residential purposes, of not less than five feet, increasing in width thereafter a distance equal to two percent of the average width of the lot for each story above the first story used for residential purposes. In no event, however, shall a side yard of more than 25 feet be required. Where the side of a lot abuts the side line of a lot in an R District, the aforementioned requirements shall apply for the side yard abutting the R District at the ground level for all buildings. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in whlch case the rear yard shall be not less than five feet. Rear yards abutting on alleys shall have a minimum width of ten feet. (Ord. 1657 (part), 1976). 20.34.040 Extensions into Yards. Regulations are as specified in Section 20.30.025 of General Controls -Commercial Districts, (Ord. 1657 (part), 1976). 20.34.050 Automobile Storage or Parking Space -Residential Uses. Accessible storage or parking space for the parking of automobiles off the street shall be provided as follows: (a) Not less than one garage space for each two guest rooms in any rooming house. (b) Not less than one garage space for each of the first four family units, and two off-street parking spaces, one of whlch must be a garage space for each additional family unit, in any dwelling group of more than four family units. (Ord. 1657 (part), 1976). 20.34.055 Automobile Storage or Parking Space -Commercial Uses. Regulations are as specified in Section 20.30.030 of General Controls - Commercial Districts. (Ord. 1657 (part), 1976). 20.34.060 Requirements for Off-Street Parking. Regulations are as specified in Section 20.30.045 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.34.065 Plans and Drawings for Commercial Districts. Regulations are as specified in Section 20.30.050 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). (Newport Beach 9-90) 464 Sections: 20.35.010 20.35.015 20.35.020 20.35.025 20.35.030 20.35.035 20.35.040 20.35.045 20.35.050 20.35.055 20.35.060 C-1 DISTRICT Chapter 20.35 C-1 DISTRICT Effect of Chapter. Uses Pennitted. Uses Requiring Use Pennit. 20.35.010-20.35.020 Building Height, Building Bulk, and Floor Area Limit. Site Area. Yards. Extensions in to Yards. Dwellings in C-1 Districts-Yards. Automobile Parking and Storage Space. Requirements for Off-Street Parking. Plans and Drawings for Commercial Districts. 20.35.010 Effect of Chapter. The following regulations shall apply in all C-1 Districts, subject to the provisions of Chapter 20.30. (Ord. 165 7 (part), 1976). 20.35.015 Uses Permitted. The following uses shall be permitted in C-1 Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building including ______ _appliance stores, bakeries (not wholesale), banks, barbersbQps.~auty_ _ parlors, bookstores, department stores, drugstores, food shops, hardware stores, nurseries, offices, radio stores, antiques shops, shoe shops, studios, tailor shops, fortune-telling businesses, and other uses which in the opinion of the Planning Commission are of similar nature. (c) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes pennitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (d) Temporary structures and uses. Regulations are as specified in Sec- tion 20.30.015 of General Controls -Commercial Districts. (e) Signs in accordance with Chapter 20.06. (Ord. 90-31 § 1 (part), 1990; Ord. 89-35 § 3 (part), 1989: Ord. 84-26 § 1, 1984; Ord. 1753 § 17, 1977: Ord. 1657 (part), 1976). 20.3 5.020 Uses Requiring Use Permit. The following uses shall be per- mitted subject to the securing of a use permit in each case: (a) Animal hospitals, auto sales and repair shops, boat sales, gasoline service stations, marine service stations, cleaning establishments, laundries, launderettes, mortuaries, outdoor markets, restaurants, outdoor drive-in and take-out restaurants, drive-in facilities, wholesale stores, outdoor sales 465 (Newport Beach 9-90) 20.35.025-20.35.040 PLANNING AND ZONING establishments, pet shops, public garages, trailer courts, theaters, used car sales lots, and other uses which in the opinion of the Planning Commission are of a similar nature. (b) Handicraft enterprises, including the manufacturing and repair of household furnishings, clothing, ceramics, novelties and toys, and uses which in the opinion of the Planning Commission are of a similar nature. (c) Hotels, motels, boarding houses and residential uses. (d) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.200 of General Controls -Commercial Dis- tricts. (e) General storage and mini-warehouses, including storage of auto- mobiles within a building, in those areas where said uses are allowed by the General Plan Land Use Element. (Ord. 89-20 § 1, 1989: Ord. 1753 § 18, 1977: Ord. 1657 (part), 1976). 20.35.025 Building Height, Building Bulk, and Floor Area Limit. The total gross floor area and building bulk contained in all buildings on a build- able site in the C-1 District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 89-19 § 3 (part), 1989: Ord. 1657 (part), 1976). 20.35.030 Site Area. The building site area required shall be a minimum of 2,000 square feet. Minimum building site frontage required shall be 25 feet. (Ord. 1657 (part), 1976). 20.35.035 Yards. A. FRONT YARDS. No front yard shall be required, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R District. B. SIDE YARDS. No side yards shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 5 feet. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 5 feet. Rear yards abutting alleys shall have a minimum width of 10 feet. D. RESIDENTIAL USES. Yard requirements for residential uses shall be established by Use Permit procedure. (Ord. 1657 (part), 1976). 20.35.040 Extensions into Yards. Regulations are as specified in Section 20.30.025 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). (Newport Beach 9-90) 466 C-1 DISTRICT 20.35.045 20.35.045 Dwellings in C-1 Districts -Yards. Every building or portion thereof which is designed or used for any dwelling purpose in any C-1 District shall comply with the requirements of such appropriate residential district as is determined by the use to which such C-1 District property is being put; provided, however, that when the entire ground floor of any such building is used for any commercial purpose, the yard provisions specified for such C-1 District may be applied to the ground floor only. (Ord. 1657 (part), 1976). 466-1 (Newport Beach 2-90) C-2 DISTRICT 20.35.050-20.36.015 20.35.050 Automobile Parking and Storage Space. Regulations are as specified in Section 20.30.045 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.35.055 Requirements for Off-Street Parking. Regulations are as specified in Section 20.30.045 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.35.060 Plans and Drawings for Commercial Districts. Regulations are as specified in Section 20.30.050 of General .Controls -Commercial Districts. (Ord. 1657 (part), 1976). Sections: 20.36.010 20.36.015 20.36.020 20.36.025 20.36.030 20.36.035 20.36.040 20.36.045 20.36.050 20.36.055 20.36.060 20.36.065 Chapter 20.36 C-2 DISTRICT Effect of Chapter. Intent and Purpose-Conditions. Uses Permitted. Uses Requiring Use Permit. Building Height, Building Bulk, and Floor Area Limit. Site Area .. Yards. Extensions into Yards. Dwellings in C-2 Districts-Yards. Automobile Parking and Storage Space. Requirements for Off-Street Parking. Plans and Drawings for Commercial Districts. 20.36.010 Effect of Chapter. The following regulations shall apply in all C-2 Districts, subject to the provisions of Chapter 20.30. (Ord. 1657 (part), I 976). 20.36.015 Intent and Purpose -Conditions. Uses permitted in the C-2 District shall be planned, developed and operated in such a manner that noise, smoke, dust, odor and waste of any kind is confined and/or purified so as to control pollution of air, soil and water to meet the standards or requirements of the Planning Commission, and in such a manner to eliminate any detrimental effect to public health, safety and welfare and be in harmony with objectives of the planning of this City. The Planning Commission may designate such conditions as it deems necessary to secure the purposes of this section and may require such guarantees and evidence that such conditions are being or will be complied with. (Ord. I 657 (part), 1976). 467 (Newport Beach 9~90) 20.36.020-20.36.035 PLANNING AND ZONING 20.36.020 Uses Permitted. The following uses shall be permitted in the C-2 Districts: (a) Professional offices; community centers; social halls and clubs. (b) Retail stores; specialty food stores in accordance with Chapter 20.72; wholesale stores; wholesale bakeries; research laboratories and institutes; laundries; and storage within a building; fortune-telling businesses and other uses which, in the opinion of the Planning Commission, are of a similar nature. (c) The following uses, when conducted within a building or enclosed by a solid board or masonry fence at least six feet in height in each case: Creameries; bottling works; building material yards; contractors yards; fuel yards; machine shops; storage of goods and materials; and other uses which in the opinion of the Planning Commission are of a similar nature. (d) Accessory uses normally incidental to commercial developments, where such uses do not later the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (e) Temporary structures and uses. Regulations are as specified in Sec- tion 20.30.015 of General Controls -Commercial Districts. (f) Signs in accordance with Chapter 20.06. (Ord. 90-31 § l (part), 1990; Ord. 89-35 § 3 (part), 1989: Ord. 84-26 § 2, 1984; Ord. 1753 § 19, 1977: Ord. 1657 (part), 197 6). 20.36.025 Uses Requiring Use Permit. Uses permitted, subject to first securing a Use Permit in each case: (a) Dry cleaning plants, lumberyards, light manufacturing, including the manufacture and repair of boats, clothing, novelties and toys, gasoline service stations, drive-in facilities, restaurants, outdoor, drive-in and take-out restaurants, and uses which in the opinion of the Planning Commission are of a similar nature. (b) Hotels, motels, residential uses, trailer courts, and houseboat marinas. (c) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls -Commercial Districts. (Ord. 1753 § 20, 1977: Ord. 1657 (part), 1976). 20.36.030 Building Height, Building Bulk, and Floor Area Limit. The building height limit shall be as specified in Chapter 20.02. Building bulk and development intensity shall be as specified in Chapter 20.07. (Ord. 89-19 § 3 (part), 1989: Ord. 1657 (part), 1976). 20.36.035 Site Area. The building site area required for each main building shall be a minimum of 2,000 square feet. Minimum building site frontage shall be 25 feet. (Ord. 1657 (part), 1976). (Newport Beach 9~90) 468 C-2 DISTRICT 20.36.040-20.36.065 20.36.040 Yards. A. FRONT YARDS. No front yards shall be required, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R District. B. SIDE YARDS. No side yards shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 3 feet. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District in which case the rear yard shall be not less than 3 feet. Rear yards abutting on alleys shall have a minimum width of 10 feet. D. RESIDENTIAL USES. Yard requirements for residential uses shall be established by Use Permit procedure. (Ord. 1657 (part), 1976). 20.36.045 Extensions into Yards. Regulations are as specified in Section 20.30.025 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.36.050 Dwellin!l'l in C-2 Districts -Yards. Every building or portion thereof which is designed or used for any dwelling purpose in any C-2 District shall comply with the requirements of such appropriate residential district as is determined by the use to which such C-2 District property is being put; provided, however, that when the entire ground floor of any such building is used for any commercial purpose, the yard provisions specified for such C-2 District may be applied to the ground floor only. (Ord. 1657 (part), 1976). --------20.J6.0SS-Automobile-f'arking-and-Storage-Spaee~Regulations-are-as:--­ specified in Section 20.30.030 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.36.060 Requirements for Off-Street Parking. Regulations are as specified in Section 20.30.045 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 20.36.065 Plans and Drawin!l'l for Commercial Districts. Regulations are as specified in Section 20.30.050 of General Controls -Commercial Districts. (Ord. 1657 (part), 1976). 468-1 (Newport Beach 9-90) RESIDENTIAL OVERLAY (-R) DISTRICT 20.37.010-20.37.030 Chapter 20.37 RESIDENTIAL OVERLAY (-R) DISTRICT Sections: 20.37.010 Intent and Purpose. 20.37.020 Uses Permitted. 20.37.030 Development Standards. 20.37.010 Intent and Purpose. It is the intent and purpose of this chapter to provide for the establishment of residential uses in commercial districts and to regulate such residential uses through application of the Resi- dential Overlay (-R) District. (Ord. 90-30 § 1 (part), 1990). 20.37.020 Uses Permitted. A. All uses which would be provided under ordinances governing the primary commercial district shall be permitted. B. Residential uses shall be permitted on the second floor or above, where the ground floor is occupied by a use permitted under ordinances governing the primary commercial district. (Ord. 90-30 § I (part), 1990). 20.37.030 Development Standards. A. LOT AREA PER UNIT. One dwelling unit shall be permitted for each 2,375 square feet of land area, with a minimum of one dwelling unit allowed per Jot, unless otherwise indicated on the Districting Maps. For purposes of determining the allowable number of units, areas which have a slope greater than two to one (2: 1) or which are submerged shall be excluded from land area. Submerged areas are defined to be areas which are below Mean Higher High Water. B. FLOOR AREA RATIO AND BUILDING BULK. 1. The total gross floor area and building bulk in all structures on any site shall be as specified in Chapter 20.07. 2. The residential portion of the structure, excluding covered parking, shall be limited to a maximum floor area ratio of. 75. C. SETBACKS. Setbacks shall be as specified on the Districting Maps or district standards for the underlying commercial district, except that a rear yard setbirck area of ten feet shall be required on the second floor for residential uses. D. HEIGHT. Building height shall be as specified in Chapter 20.02. E. OFF-STREET PARKING REQUIRED. Off-street parking for non- residential 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 Jess than four off-street park- ing 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 468-2a (Newport Beach 9·90) 20.40.010-20.40.015 PLANNING AND ZONING residential use shall be provided on-site with no exceptions. (Ord. No. 90-30 § 1 (part), 1990). PART IV. INDUSTRIAL DISTRICTS Chapter 20.40 GENERAL CONTROLS -INDUSTRIAL DISTRICTS Sections: 20.40.010 20.40.015 20.40.020 20.40.030 20.40.035 20.40.040 Effect of Chapter. Temporary Structures and Uses. Uses Requiring Use Permit. Requirements for Off-Street Parking. Plans and Drawings for "M" Districts. Building Site Area Exception. 20.40.010 Effect of Chapter. The general controls contained in this Chapter shall apply to all developments in Industrial Districts. (Ord. 1657 (part), 1976). 20.40.015 Temporary Structures and Uses. A. INTENT AND PURPOSE. The intent and purpose of this Section is to establish procedures whereby the Director of Community Development or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The Director of Community Development may authorize the temporary use of structures and land in any Industrial District for a period of time not to exceed 90 days. Prior to approving said temporary use the Director of Community Development shall inform the Planning Commission of his intent to permit said use and shall take whatever steps or precautions are necessary to assure that said use will be consistent with the purpose and intent of this Section and that said land or building will be restored at such time as the use is terminated. C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The Planning Commission may authorize the temporary use of structures and land in any Industrial District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving said use permit the Planning Commission may impose whatever conditions they deem necessary to assure that the purpose and intent of this Section is (Newport Beach 9-90) 468-2b ( GENERAL CONTROLS-INDUSTRIAL DISTRICTS 20.40.015 carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. D. TEMPORARY REAL ESTATE STRUCTURES. The Director of Community Development may approve temporary tract and sales offices for the first sale of structures and/or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 468-2c (Newport Beach 9-90) GENERAL CONTROLS-INDUSTRIAL DISTRICT 20.40.020-20.40.030 E. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above. (Ord. 1753 § 21, 1977: Ord. 1657 (part), 1976). 20.40. 020 Uses Requiring Use Permit. The following uses shall be permitted in any industrial district subject to the securing of a Use Permit: (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, mausoleums, crematories, public utilities, public and quasi-public buildings, senior citizen housing facilities (where residency is limited to elderly persons), and municipally operated parking lots. (c) Parking automobiles on roofs. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any M District unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The Community Development Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and -------he-may-a+taeh-appreptiate-eenditiens-te-sueh-appreval-. ---------- (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (g) Relocatable Buildings. No building permit or relocation permit shall be issued for the erection or placement of a relocatable building unless the applicant for said building permit has first applied for and obtained a use permit from the Planning Commission to maintain said relocatable building at a specific location. (Ord. 1774 § 4, 1978; Ord. 165 7 (part), 197 6). 20.40.030 Requirements for Off-Street Parking. A. APPLICABILITY. The requirements of this Section and any off-street parking standards adopted by the City Council shall apply to the following: (I) All off-street parking lots and areas hereafter developed which are required by this Title. (2) All parking lots which are hereafter permitted subject to first securing a Use Permit. 468-3 (Newport Beach 10-15-78) 20.40.035 PLANNING AND ZONING (3) All parking lots and parking areas which are hereafter required by the Planning Commission as a condition of granting a Use Permit. Such off-street parking standards shall be adopted by resolution and shall show minimum dimensions of parking spaces and aisles, requirements for entrances and exits, and requirements for markings and other devices deemed necessary to protect patrons, the traffic on adjoining streets and alleys, and property owners in the vicinity. B. BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin property in an R-1 or R-2 District, a wall shall be constructed along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of disturbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of which must be of solid masonry construction. C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Community Development Director for approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this Section and in the off-street parking standards. If the proposed parking lot or parking area as shown on the plot plan meets the requirements, the Director shall endorse his written approval on the plan and retain a copy thereof. If the proposed plot plan does not meet the requirements of this Section, the Director shall return the plan to the applicant, together with a written statement setting forth the deficiencies in the plan, within ten calendar days after the submission of the plan to the Director. The parking lot or parking area shall be developed and maintained in accordance with the plan as approved. D. VARIAN CE. Where the size, shape, location, or topography of the proposed parking lot or parking area makes compliance with the requirements of this Section impractical and will result in hardship, the Planning Commission, upon application, may waive such requirements of this Section and the off-street parking standards as are necessary to permit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detrimental to surrounding property. (Ord. 1657 (part), 1976). 20.40.035 Plans and Drawing'l for "M" Districts. A. In case an application is made for a permit for any building or structure in any M District, the application shall be accompanied by architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building, or structure and proposed landscape or other treatment of the grounds around such building or structure and other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be considered by the Planning Commission in an endeavor to provide that such (Newport Beach 10-15-78) 468-4 ( \ GENERAL CONTROLS-INDUSTRIAL DISTRICT 20.40.035 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 468-4a (Newport Beach 10-15-78) M-1 DISTRICT 20.40.040 MEMBERSHIP. The Planning Commission may appoint an Architectural Committee of three members, who may be employees in the following departments: Department of Community Development and City Engineer. C. AUTHORITY OF ARCHITECTURAL COMMITTEE STANDARDS. The Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 20.40.035(A.), but all approvals shall be based on standards of good architectural design; such standards, which shall be entitled "Drawings and Illustrated Architectural Standards for Certain Areas Designated in Title 20 of the Municipal Code of the City of Newport Beach," shall be approved by the Planning Commission and the City Council, and shall be on file in the Department of Community Development. The drawings shall show desirable architectural standards, but are not designs which must be copied in order to secure approval of plans. D. APPEAL FROM ARCHITECTURAL COMMITTEE ACTION. In case the applicant is not satisfied with the decision of the Architectural Committee, he may within thirty days after such action appeal in writing to the Planning Commission. The Architectural Committee may, if it deems advisable, refer any application for architectural approval to the Planning Commission for its decision. E. APPEAL FROM PLANNING COMMISSION ACTION. In case the applicant is not satisfied with the action of the Planning Commission, he may within twenty-one (21) days appeal in writing to the City Council and the Council shall render its decision within thirty (30) days after the filing of such appeal. F. APPROVAL OF PLANS REQUISITE TO PERMIT ISSUANCE. No ----permtnlra:n-wissuecnn any case as proviaecnnSect10n 2U:4D~U33\A.) until such drawings and sketches have been approved by the Planning Commission or by the City Council in the event of appeal from the Planning Commission, and all buildings, structures and grounds shall be in accordance with the drawings and sketches. (Ord. 1657 (part), 1976). 20.40.040 Building Site Area Exception. Any lot or parcel of land under one ownership and of record on August 2, 1943, may be used as a building site even when of less area or width than that required by the regulations for the District in which it is located. (Ord. 1657 (part), 1976). Sections: 20.41.010 20.41.015 20.41.020 20.41.025 20.41.030 Chapter 20.41 M-1 DISTRICT Effect of Chapter. Intent and Purpose-Conditions. Uses Permitted. Uses Requiring Use Permit. Prohibited Uses. 468-5 (Newport Beach 4-90) 20.41.010-20.41.025 PLANNING AND ZONING 20.41.035 20.41.040 20.41.050 20.41.055 20.41.060 Building Height, Building Bulk, and Floor Area Limit. Yards. Requirements for Off-Street Parking. Dwellings in "M" Districts-Yards. Plans and Drawings for "M" Districts. 20.41.010 Effect of Chapter. The following regulations shall apply in all M-1 Districts, subject to the provisions of Chapter 20.40. (Ord. 1657 (part), 1976). 20.41.015 Intent and Purpose -Conditions. Uses permitted in the M-1 District shall be planned, developed and operated in such a manner that noise, smoke, dust, odor and waste of any kind is confined and/or purified so as to control pollution of air, soil and water to meet the standards or requirements of the Planning Commission, and in such a manner to eliminate any detrimental effect to public health, safety and welfare and be in harmony with objectives of the planning of this City. The Planning Commission may designate such conditions as it deems necessary to secure the purposes of this section and may require such guarantees and evidence that such conditions are being or will be complied · with. (Ord. 1657 (part), 1976). ( 20.41.020 Uses Permitted. The following uses shall be permitterl in the \ M-1 Districts: (a) Wholesale bakeries; creameries; bottling works; building material yards; contractors yards; fuel yards; machine shops; lumberyards; building and repair of boats; research laboratories and institutes; instrument manufacturing; fabrication of plastic products; furniture upholstering; storage, including storage of cement and lime incidental to a retail or wholesale business; manufacturing uses; and any other uses which, in the opinion of the Planning Commission are of a similar nature, but under the same limitations and restrictions specified in sections governing same. (b) Accessory uses and buildings where such uses or buildings are incidental to and do not alter. the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (c) Temporary structures and uses. Regulations are as specified in Section 20.40.015 of General Controls -Industrial Districts. (d) Signs in accordance with Chapter 20.06. (Ord. 1753 § 22, 1977: Ord. 1657 (part), 1976). 20.41.025 . Uses Requiring Use Permit. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Gasoline service stations; houseboat marinas; and fish smoking, curing or freezing. (Newport Beach 4-90) 468-6 M-1 DISTRICT 20.41.030-20.41.035 (b) Professional offices, restaurants, outdoor, drive-in and take-out restaurants. (c) Commercial uses including but not limited to retail and wholesale stores; specialty food stores; cartography; bookbinding; printing, lithography; editorial and designing; laundries; dry cleaning plants; and any other uses which in the opinion of the Planning Commission are of a similar nature; provided, however, that the following exceptions shall apply to structures and uses which are in existence on the effective date of this section: I. The lawful use of land or buildings in the M-1 District which do not meet the requirements of this subsection may be continued or changed to a use which would require the same or less on-site parking according to the standards established in Section 20.30.035 without compliance with the requirements of this subsection. 2. Any existing structure may be repaired, altered or remodeled, with- out complying with the requirements of this subsection. 3. Any existing structure or use may be enlarged by not more than I 0% of its original gross area in any one year period without complying with the requirements of this subsection. (d) Recreational establishments, institutions, cemeteries, public build- ings, parking of automobiles on roofs, removal of earthen materials, heli- ports and helistops, ·outdoor lighting may be permitted as specified more particularly in Section 20.40.020 of General Controls -Industrial Districts. (Ord. 89-35 § 3 (part), 1989; Ord. 1753 § 23, 1977: Ord. 1657 (part), 1976). 20:-4T:030-Pronioitea uses. TneTOllowing uses are prohibited in M-1 Districts: Autowrecking, fish canneries and/or reduction grinding and processing plants; drilling for and/or removal of oil, gas, or other hydrocarbon ma- terials; distillation of bones; dumping, disposal, incineration or reduction of 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, smelting of iron, tin, zinc, or other ores; junk- yards, hog raising, bag manufacture or cleaning, blast furnace or boiler works, breweries, coke ovens, cooperage works, incinerators, cordage mills, foundaries, tanneries, and all other uses which in the opinion of the Planning Commission are of similar nature or may be objectionable, as provided by Section 20.41.015. (Ord. 1657 (part), 1976). 20.41.035 Building Height, Building Bulk, and Floor Area Limit. The total gross floor area and building bulk contained in all buildings on a build- ing site in an M-1 District shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 89-19 § 3 (part), 1989: Ord. 1657 (part), 1976). 468-7 (Newport Beach 4-90) 20.41.040-20.41.060 PLANNING AND ZONING 20.41.040 Yards. A. FRONT YARD. No front yard shall be required, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R District. B. SIDE YARD. No side yard shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 5 feet. C. REAR YARD. No rear yard shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 10 feet wide. Rear yards abutting on alleys shall have a minimum of 10 feet. (Ord. 1657 (part), 1976). 20.41.050 Requirements for Off-Street Parking. Regulations are as specified in Section 20.40.030 of General Controls -Industrial Districts. (Ord. 1657 (part), 1976). 20.41.055 Dwellings in "M" Districts -Yards. Every building or por- tion thereof which is designed or used for any dwelling purpose in any "M" District shall comply with the requirements of such appropriate residential district as is determined by the use to which such "M" District property is being put; provided, however, that when the entire ground floor of any such building is used for any commercial or manufacturing purpose. The yard pro- visions specified for such "M" District may be applied to the ground floor only. (Ord. 1657 (part), 1976). 20.41.060 Plans and Drawings for "M" Districts. Regulations are as specified in Section 20.40.035 of General Controls -Industrial Districts. (0rd.1657(part), 1976). Sections: 20.42.010 20.42.015 20.42.020 20.42.025 20.42.030 20.42.035 20.42.040 20.42.045 20.42.050 20.42.055 20.42.060 20.42.065 (Newport Beach 4-90) Chapter 20.42 M-1-A DISTRICT Effect of Chapter. Intent and Purpose. Uses Permitted. Uses Requiring Use Permit. Floor Area and Building Bull<. Site Area. Yards. Off-Street Parking. Manufacturing and Storage Areas. Street Right-of-Way. Requirements for Off-Street Parking. Dwellings in "M" Districts-Yards. 468-8 M-1-A DISTRICT 20.42.010-20.42.025 20.42.070 Plans and Drawings for "M" Districts. 20.42.010 Effect of Chapter. The following regulations shall apply in all M-1-A Districts and shall be subject to the provisions of Chapter 20.40. Except that where conflict in regulations occur, the regulations specified in this Chapter shall apply. (Ord.1657 (part), 1976). 20.42.015 Intent and Purpose. A. ESTABLISHMENT. M-1-A Districts may be established in area where it is deemed desirable to provide for limited manufacturing facilities of a design and type which will enhance the area and not be detrimental to surrounding property or the City. Uses permitted in the M-1-A District shall be planned, developed, conducted and operated in such a manner that noise, smoke, dust, odor and waste of any kind is confined and/or purified so as to control pollution of air, soil or water to meet the standards or requirements of the Planning Commission and in such a manner as to eliminate any detrimental effect to the public health, safety and welfare and be in harmony with the objectives of the general planning. B. CONDITIONS. The Planning Commission may designate such conditions as it deems necessary to fulfill the purpose of this Chapter and may require such guarantee and evidence that such conditions are being or will be complied with. (Ord. 1657 (part), 1976). 20.42.020 Uses Permitted. The following uses shall be permitted in M-1-A Districts: · (a) Administrative and professional offices; residences for watchmen or ------,custodians-employed-on-site;-employees--caJetert<rs-or amlltonums; researcli ___ _ laboratories and institutes; wholesale stores; machine shops; light manufacturing; furniture upholstering; electrical and electronic products and instruments manufacturing; cartography; bookbinding; printing and lithography; fabrication of plastic products; storage warehouse, excluding inflammable materials and truck terminals; editorial and designing. (b) Accessory uses and buildings where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (c) Temporary structures and uses. Regulations are as specified in Section 20.40.015 of General Controls -Industrial Districts. (d) Signs in accordance with Chapter 20.06. (Ord. 1753 § 24, 1977: Ord. 1657 (part), 1976). 20.42.025 Uses Requiring Use Permit. The following uses shall be permitted, subject to the securing of a Use Permit in each case: (a) Furniture manufacturing, assembling and construction of paper products with finished paper stock, garment manufacturing, building and 468-9 (Newport Beach 2-90) 20.42.030-20.42.040 PLANNING AND ZONING repairing of boats within a building, laundry and dry cleaning plants, gasoline service stations, drive-in facilities, manufacture of novelties, toys and small appliances, building material yards, contractors yards, restaurants, outdoor, drive-in; and take-out restaurants, medical and dental offices and clinics, other uses which in the opinion of the Planning Commission are comparable and similar in character with the above uses. (b) Recreational establishments, institutions, cemeteries, public build- ings, parking of automobiles on roofs, removal of earthen materials, heli- ports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.40.020 of General Controls -Industrial Districts. ( c) One residence for an owner or owners of a building site, including two garage spaces, provided that such use will be incidental to and will not alter the character of the premises in respect to the permitted uses in Sec- tion 20.42.020 or the uses permitted with a use permit in subsections (a) and (b) above. (Ord. 1844 § 1, 1980: Ord. 1657 (part), 1976). 20.42.030 Floor Area and Building Bulk. The total gross floor area and building bulk contained in all buildings on a building site in an M-1-A Dis- trict shall be as specified in Chapter 20.07; provided that in no event shall any building exceed the height limit specified in Chapter 20.02. (Ord. 89-19 § 3 (part), 1989: Ord. 1657 (part), 1976). 20.42.035 Site Area. The building site area required shall be a minimum (. of 10,000 square feet. (Ord. 1657 (part), 1976). 20.42.040 Yards. A. SETBACK. A minimum setback of 15 feet from any street or highway property line shall be required. B. FRONT YARDS. A front yard area adjacent to the front property line and extending across the property from the side lines 15 feet deep, measured from the front property line, shall be provided. The property front yard area shall be appropriately landscaped and maintained except for area required for walkways and driveways for ingress and egress to the property: The walkways and driveways shall not use more than forty percent (40%) of this front yard area. C. SIDE YARDS. Building sites fronting on one street and having a side property line adjacent to a side street shall provide a yard area 15 feet wide, measured from the side property line and extending from the front property line to the rear property line. The side yard shall be appropriately landscaped and maintained except for areas required for walkways and driveways for ingress and egress to the property. The walkways and driveways shall not use more than forty percent ( 40%) of this side yard area. D. ZONE SEPARATION AREA. In cases where a street or alley does not exist to separate this zone from any other more restrictive zone, a zone separation area 10 feet wide and extending the entire distance the ·zones (Newport Beach 2-90) 468-10 M-1-A DISTRICT 20.42.045 adjoin each other shall be provided. The zone separation area shall be appropriately landscaped and maintained. (Ord. 1657 (part), 1976). 20.42.045 Off-Street Parking. Off-street parking and loading on the building site shall be required in M-1-A Districts as follows: 468-lOa (Newport Deach 9-80) M-1-A DISTRICT 20.42.050-20.42.070 (a) Administrative and Professional Office Space. One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one ( 1) space for each 250 square feet of net floor area upon review and approval of the Modifications Committee. (b) Manufacture, Research and Assembly. Tiuee (3) spaces for each one thousand (1,000) square feet of gross floor area. (c) Warehouse. One (1) space for each one thousand (1,000) square feet of gross floor area for the first twenty thousand (20,000) square feet; one (1) space for each two thousand (2,000) square feet of gross floor area for the second twenty thousand (20,000) square feet; one (1) space for each four thousand (4,000) square feet of gross floor area for areas in excess of the initial forty thousand (40,000) square feet of floor area of the building. (d) Location and layout of off-street parking shall be approved by the Architectural Control Committee. (e) All loading and unloading operations and parking of trucks shall be provided for and performed on the premises. (Ord. 1751 § 1, 1977: Ord. 1657 (part), 1976). 20.42.050 Manufacturing and Storage Areas. All manufacturing and fabrication operations shall be conducted within buildings. All equipment and material storage areas shall be screened by solid walls, fences, or by adequate plantings of not less than 6 feet in height. (Ord. 1657 (part), 1976). 20.42.055 Street Right-of-Way. All dedicated streets with.in or bordering this M-1-A District shall have a minimum right-of-way 60 feet in width. (Ord. -----1557 (parff,T976). 20.42.060 Requirements for Off-Street Parking. Regulations ate as specified in Section 20.40.030 of General Controls -Industrial Districts. (Ord. 1657 (part), 1976). 20.42.065 Dwellings in "M" Districts -Yards. Every building or portion thereof which is designed or used for any dwelling purpose in any M-1-A District shall comply with the requirements of such appropriate residential district as is determined by the use to which such M-1-A District property is being put, provided, however, that when the entire ground floor of any such building is used for any commercial or manufacturing purpose, the yard provisions specified for such M-1-A District may be applied to the ground floor only. (Ord. 1657 (part), 1976). 20.42.070 Plans and drawings for "M" Districts. Regulations are as specified in Section 20.40.035 of General Controls -Industrial Districts. (Ord. 1657 (part), 1976). 468-11 (Newport Beach 10-15~77) 20.50.010-20.50.030 PLANNING AND ZONING PART V. SPECIAL PLANNING DISTRICTS Chapter 20.50 PLANNED RESIDENTIAL DEVELOPMENT Sections: 20.50.010 20.50.020 20.50.030 20.50.040 20.50.050 20.50.060 20.50.070 20.50.080 20.50.090 20.50.100 20.50.110 20.50.120 20.50.130 20.50.140 20.50.150 20.50.160 20.50.170 Intent and Purpose. Use Permit Required. Application for Permit. Application Contents. Relocation of Structures in Common Area. Land Area Required. Dwelling and Uses Permitted. Perimeter of Public Streets-Partial Waiver. Conformance to Master Plan. Maximum Building Coverage. Minimum Land Area Per Dwelling Unit. Minimum Floor Area. Building Height. Yards and Open Spaces. Off-Street Parking. Reports from Fire and Public Works Departments. Conformance Requisite to Building Permit Issuance. 20.50.010 Intent and 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 Title for the R Districts in which such development is to be located. (Ord. 1657 {part), 1976). 20.50.020 Use Permit Required. Planned residential developments may be permitted in any R District when a Use Permit is first secured for each such development. Such Use Pennit shall be subject to the regulations and requirements of this Chapter and notwithstanding the provisions of Chapter 20. l 0 shall be processed in accordance with the terms of this section. (Ord. 1657 (part), 1976). 20.50.030 Application for Permit. A. 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. B. PROCESSING. Such application shall be processed by the Planning Commission and trans1nitted 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 (Newport Beach 10,15-77) 468-12 / PLANNED RESIDENTIAL DEVELOPMENT 20.50.040 the same back to the Planning Commission for further processing. Any such permit is subject to the final approval of the City Council. (Ord. 1686 § 2, 1976; Ord. 1657 (part), 1976). 20.50.040 Application Contents. An application for a planned residential development shall be in the form of an application for Use Permit and shall be accompanied by the following information, maps and plans: (a) A boundary survey map of the real property; a tentative subdivision map may be substituted if the applicant proposes to subdivide the property. (b) Topography of the development area and the proposed finished 468-l 2a (Newport Beach 10-15-77) PLANNED RESIDENTIAL DEVELOPMENT 20.50.050-20.50.070 grade shown on contour intervals of not to exceed 2 feet upon request of the Planning Department. (c) 111e gross land area of the development, the present zoning classification thereof, and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements. ( d) A general development plan with at least the following details shown to scale and dimensioned: I. 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 po in ts thereof. 2. All streets, curb cuts, driving lanes, parking areas, loading areas, public transportation points, and illumination facilities for the same. 3. All pedestrian walks, malls and open areas for the use of occupants and members of the public. 4. Location and height of all walls, fences and screen planting, including a detailed plan for the landscaping of the development and the method by which such landscaping is to be accomplished. 5. Types of surfacing, such as paving, turfing or gravel to be used at the various locations. 6. A grading plan of the area. (e) Plans and elevations of one or more structures to indicate architectural type and construction standards. (fl A verified petition for a change in zoning classification in accordance with Section 20.84.020, if such a change in zoning classification -------is requireff1o make sucliCTevelopmenf conform totheN!asterPlan. (g) Such other information as may be required by the City to assist in the consideration of the proposed development. (Ord. 1657 (part), 1976). 20.50.050 Relocation of Structures in Common Area. After final approval of any Use Pennit for a planned residential development by the City Council, the Community Development Director shall be authorized to approve the relocation of fences, walls, swimming pools, community buildings, utility buildings and facilities, and off-street parking areas located within an open space or recreational lot provided for the use and benefit of the family dwelling units in the development. (Ord. 1657 (part), 1976). 20.50.060 Land Area Required. A planned residential development shall have sufficient land area to meet the objectives set forth in Section 20.50.010. (Ord. 1657 (part), 1976). 20.50.070 Dwelling and Uses Permitted. A. R-1 DISTRICT. Only single-family dwellings, and accessory uses and buildings normally incidental thereto, shall be permitted in an R-1 District. 468-13 (Newport Beach 4-15-76) 20.50.080-20.50.120 PLANNING AND ZONING B. R-2 DISTRICT. Only single-family dwellings, two-family or duplex dwellings, or any combination thereof, and accessory uses and buildings normally incidental thereto, shall be permitted in R-2 Districts. C. R-3 and R-4 DISTRICTS. Only single-family dwellings, two-family or duplex dwellings, multiple or apartment dwellings, or any combination thereof as approved by the Planning Commission, and accessory uses and buildings normally incidental thereto, shall be permitted in an R-3 or R-4 District. D. INSTITUTIONS AND SOCIAL ACTIVITIES. Community centers, social halls, lodges, clubs, private recreational centers, churches, schools, yacht clubs, and parks and playgrounds may be permitted in a planned residential development in any R district. All uses or buildings other than those specified herein shall be prohibited. (Ord. 1657 (part), 1976). 20.50.080 Perimeter of Public Streets -Partial Waiver. A planned residential development shall be bounded on all sides by public streets. A partial waiver of this requirement may be permitted when it is found and determined that such partial waiver will not be inconsistent with adequate standards of pedestrian and vehicular access and traffic circulation for the development and for the area in which the development is located. (Ord. 1657 (part), 1976). 20.50.090 Conformance to Master Plan. All planned residential developments shall conform to the Master Plan of the City of Newport Beach, and no such development shall be approved unless such development does conform to the Master Plan. (Ord. 1657 (part), 1976). 20.50.100 Maximum Building Coverage. The maximum building coverage for the development shall not exceed forty percent (40%) of the land area being developed, exclusive of land area being set aside for the rights-of-way of public or private streets and alleys. (Ord. 1657 (part), 1976). 20.50.110 Minimum Land Area Per Dwelling Unit. The minimum land area for each family dwelling unit, exclusive of land area being set aside for the rights-of-way of public or private streets and alleys, shall be not less than that required for the district or districts in which such development is to be located. (Ord. 1657 (part), 1976). 20.50.120 Minimum Floor Area. There shall be a minimum floor living area of 1,000 square feet for each family dwelling unit in an R-1 or R-2 District, and there shall be a minimum floor living area of 600 square feet for each family dwelling unit in an R-3 or R-4 District. Garage space shall not be included in measuring this requirement. (Ord. 1657 (part), 1976). (Newport Beach 4-15-76) 468-14 ( PLANNED RESIDENTIAL DEVELOPMENT 20.50.130-20.50.170 20.50.130 Building Height. The maximum building heights shall be designated in the Use Permit, but shall in no event exceed the building height limits specified in Chapter 20.02. (Ord. 1657 (part), 1976). 20.50.140 Yards and Open Spaces. The front and rear yards and open spaces between buildings shall be designated in the Use Permit. (Ord. 1657 (part), 1976). 20.50.150 Off-Street Parking. The off-street parking requirements for each such development shall be as follows: (a) Two covered parking spaces for each family dwelling unit in the development. (b) There shall also be required for the use of visitors and guests at least two additional parking spaces for each family dwelling unit in the development. Such parking spaces may be uncovered and shall be so located as to be accessible to such visitors and guests. This requirement for additional parking for visitors and guests shall be waived to the extent that the Planning Commission determines that there is an equivalent number of parking spaces available to serve the project when on-street parking spaces and parking spaces in private driveways are taken into consideration. (c) The required parking spaces or any portion thereof may be grouped when it is found and determined that such grouping or parking spaces and the lo.cation. thereof will be accessib1e and useful in connection with the proposed dwelling units in the development. (Ord. 1657 (part), 1976). 20.50.160 Reports from Fire and Public Works Departments. The -------a·pplicatiun-aKd---a-c-com11anying . mformation, maps, anC!plans sliiill 'b_e __ _ 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. (Ord. 1657 (part), 1976). 20.50.170 Conformance Requisite to Building Permit Issuance. The Department of Community Development shall insure that a planned residential development is undertaken and completed in conformance with the approved plans and the terms and conditions of the Use Permit for such development. No building permit shall be issued for any construction or development which does not conform to such plans, terms, and conditions. (Ord. 1657 (part), 1976). 468-15 (Newport Beach 1-21-80) 20.51.010-20.51.020 PLANNING AND. ZONING Sections: 20.51.010 20.51.015 20.51.020 20.51.025 20.51.027 20.51.030 20.51.032 20.51.035 20.51.040 20.51.045 20.51.050 20.51.055 20.51.060 20.51.080 Chapter 20.51 PLANNED COMMUNITY DISTRICT Effect of Chapter. Intent and Purpose. General Requirements. Uses Permitted. Uses Requiring Use Permit. Temporary Structures and Uses. Underground Storage of Flammable Liquids. Application Procedure. Development Plan. Amendments to Development Plan. Commencement of Construction. Application for Use Permit Development. Conformance Requisite to Building Permit Issuance. Development of Coastal Bluff Sites in Planned Community Districts. 20.51.010 Effect of Chapter. The following specific regulations shall apply in all P-C Districts, subject to the provisions and exceptions of Chapters 20.10, 20.30, and 20.40. Where conflict in provisions occurs the regulations specified in this Chapter or in the Development Plan or plans ap- proved pursuant to this Chapter shall apply. (Ord. 1657 (part), 1976). 20.51.015 Intent and Purpose. The purpose of these regulations is to provide for the classification and development of parcels of land as co- ordinated, comprehensive projects so as to take advantage of the superior environment which can result from large-scale community planning. The regulations of this district are intended to allow diversification of land uses as they relate to each other in a physical and environmental arrangement while insuring substantial compliance with the spirit, intent and provisions of this Code. This district is designed to include various types of land uses, such as single-family residential developments, multiple housing developments, professional and administrative areas, commercial centers, industrial parks or any public or quasi-public use or combination of uses, through the adop- tion of a Development Plan and text materials which set forth land use relationships and development standards. (Ord. 1657 (part), 1976). 20.51.020 General Requirements. The following provisions shall apply to all P-C Districts: (a) The entire parcel for which an application for classification of land to P-C is filed must be within one ownership, or the application must be made by or with the written authorization for such action on behalf of all (Newport Beach 1-21-80) 468-1.6 c / PLANNED COMMUNITY DISTRICT 20.51.020 property owners concerned, unless such action is initiated by the City. (b) P-C Districts shall be established, amended or removed from the Districting Map of the City of Newport Beach in the manner prescribed in 468-16a (Newport Beach 1-21-80) PLANNED COMMUNITY DISTRICT 20.51.025 Chapter 20.84, as amended, and subject to appeal procedures as prescribed in Chapter 20.85, as amended. (c) An application for a zone change to permit the establishment of a P-C District pursuant to the provisions of Chapter 20.84 of this Code shall include and be accompanied by a Development Plan for the entire property, as prescribed by Sections 20.51.060 and 20.51.070 of this Code; or an application may be initiated by either the City Council or the Planning Commission, and may be processed without a Development Plan, provided that said plan shall be subsequently prepared, as prescribed by Sections 20.51.050 and 20.51.060 of this Code, and shall be adopted as prescribed in Chapter 20.84 of this Code prior to the issuance of any permits for development, expansion or redevelopment. (d) If ambiguity exists as to the specific dimensions or extent of any designated area on the Development Plan, the specific boundaries shall be set by the filing of a legal description and map of the parcel proposed for development in conjunction with the filing for construction permits. (e) The Community Development Director, after reviewing the application for a P-C District, shall determine if a use permit application will be required for any part of the application to be processed under the Development Plan. (f) In order to meet the objectives set forth in Section 20.51.015 of this Code, an application for a planned community district shall contain a minimum of twenty-five (25) acres of unimproved land area or ten (I 0) acres of improved land area. "Improved land area" as used within this section shall mean parcels of land with permanent structures affixed thereto, said improvements occupying a land area amounting to ten percent (I 0%) of the ---------1otahrcreage-of-the-planned-community-arthe-time-ohrpplicatton-rorzn1rn---- change, excluding therefrom areas of public works or improvements and public rights-of-way. This section shall not be deemed to require the continued use of any structures or improvements existing at the time of application for zone change. The minimum acreage requirement as set forth in this paragraph may be waived by written application to the Planning Commission and approval thereof prior to the consideration of the application for a zone change. (Ord. 1657 (part), 1976). 20.51.025 Uses Permitted. The following use of land shall be permitted in P-C Districts: (a) Those land uses permitted by the City's General Plan at or below a density or intensity prescribed by the General Plan. (b) Grading shall be permitted within a P-C District outside of a sector of immediate development subject to the securing of a grading permit. (c) The continuation of land uses, including agricultural, which existed in the district at the time of adoption of the Development Plan, except as otherwise provided herein. Existing land uses shall either be incorporated as part of the Development Plan or shall terminate in accordance with a specific abatement schedule submitted and approved as part of the Development 468-17 (Newport Beach 9·90) 20.51.027 PLANNING AND ZONING Plan. Existing land uses which are prohibited by any provisions of Title 20 of this Code shall be terminated prior to final approval of the Development Plan. (d) Where existing land uses have been established by a Use Permit prior to the adoption of a P-C District and said uses are to be retained, the Use Permit as approved or subsequently amended shall constitute the required Development Plan. (e) Specialty food uses in accordance with Chapter 20. 72 shall be per- mitted in any portion of a Planned Community District where retail uses are permitted. (Ord. 90-31 § 1 (part), 1990; Ord. 89-35 § 3 (part), 1989: Ord. 1657 (part), 1976). 20.51.027 Uses Requiring Use Permit. The following uses shall be permitted in any P-C District subject to the securing of a Use Permit: (a) Recreational establishments, including: circuses, carnivals, amusement parks, fun zones, open air theaters, race tracks, private recreation centers, or other similar establishments. (b) Institutions, cemeteries, public buildings, including: churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries of 20 acres minimum, m~usoleums, crematories, public utilities, public and quasi-public buildings, senior citizens housing facilities (where residency is limited to elderly persons), and municipally operated parking lots. (c) Parking automobiles on roofs. (d) Removal of earthen materials. No permit shall be required for normal grading or landscaping on lots of record. (e) Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any P-C District unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The Community Development Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. (f) Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (g) Relocatable Buildings. No building permit or relocation permit shall be issued for the erection or placement of a relocatable building unless the applicant for said building permit has first applied for and obtained a use permit from the Planning Commission to maintain said relocatable building at a specific location. (Ord. 1774 § 5, 1978; Ord. 1657 (part), 1976). (Newport Beach 9·90) 468-18 PLANNED COMMUNITY DISTRICT 20.51.030 20.51.030 Temporary Structures and Uses. A. Intent and Purpose. The intent and purpose of this section is to establish procedures where by the Director of Community Development or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City. B. Temporary Uses and Structures Not to Exceed 90 Days. The Di- rector of Community Development may authorize the temporary use of structures and land in any Planned Community District for a period of time not to exceed 90 days. Prior to approving said temporary use the Director of Community Development shall inform the Planning Commission of his 468-l 8a (Newport Beach 4-90) PLANNED COMMUNITY DISTRICT 20.51.032-20.51.035 intent to permit said use and shall take whatever steps or precautions are necessary to assure that said use will be consistent with the purpose and intent of this section and that said land or building will be restored at such time as the use is terminated. C. Temporary Uses and Structures in Excess of 90 Days. The Planning Commission may authorize the temporary use of stmctures and land in any Planned Community District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving said use permit the Planning Commission may impose whatever conditions they deem necessary to assure that the purpose and intent of this section is carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. D. Temporary Real Estate Signs and Stmctures. The Director of Community Development may approve temporary signs and temporary tract and sales offices for the first sale of stmctures and/or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. E. Extensions of Time for Tempomry Uses and Stmctures. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above. (Ord. 1657 (part), 1976). 20.51.032 Underground Storage of Flammable Liquids. The under- ground storage of flammable liquids shall be prohibited in any residential area of a P-C District in the City. (Ord. 1834 § 2, 1980). ---20.Sl,035-Application-Procedureo-At-Jeast-sixty-(60laays prior tofiling ---- an application for classification of land to a P-C District, or the adoption of a Development Plan, all information shall be submitted to the Community Development Director for review and recommendation. The Community Development Director shall ascertain if the proposal complies with the requirements of this chapter and if the form and content is sufficient to establish or amend a P-C District. The Community Development Director shall advise the applicant of the sufficiency or insufficiency of the proposal in order that the application, when filed, may be complete and may correspond to the General Plan of the City. Upon determination by the Community Development Director that the application is sufficient as to form and content and meets the requirements set forth in this chapter, it may be filed, after which it shall be set for public hearing before the Planning Commission. Said application shall be accompanied by a filing fee as established by Resolution of the City Council. When a Development Plan is filed in conjunction with a P-C District for which no previous Development Plan has been adopted, said Development Plan shall also be accompanied by a filing fee as established by Resolution of the City Council. Any subsequent amendment to the Development Plan, or previously approved use permit which constitutes the Development Plan, shall be 468-19 (Newport Beach 1-21-80) 20.51.040 PLANNING AND ZONING accompanied by a filing fee as established by F,esolution of the City Council. Such application shall be processed by· the Planning Commission and transmitted to the City Council with any conditions the Planning Commission determines should be imposed. (Ord. 1686 § 3,, 1976: Ord. 1657 (part), 1976). · 20.51.040 Development Plan. The Development Plan of a proposed P-C District shall consist of maps, plans, reports, schedules, development standards and schematic drawings and such other documents deemed necessary by the Community Development Director in accordance with the requirements herein set forth: (a) The Development Plan shall be submitted in a form approved by the Community Development Director. (b) Development of sectors within the P-C District may be permitted subject to one of the following or any combination thereof as set forth in the Development Plan: 1. The uses and requirements of any of the zoning districts established by Title 20 of the Newport Beach Municipal Code, as amended. · 2. The uses and standards of development set forth in the Development Plan. When additional or supplemental maps, plans, reports, schedules, development standards and schematic drawings, and such other documents are not presented for the total project, sections may be approved separately by 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. (c) The Development Plan and any amendment thereto shall include the following: 1. The type and character of buildings or structures and the number of dwelling units per gross acre proposed for each residential area. 2. A statement of the standards of population density for the various proposed residential land uses. 3. The general location of school sites, recreational areas and other public and quasi-public sites and the approximate area of each. 4. The general location of major thoroughfares coordinated with the City of Newport Beach Master Street and Highway Plan and the Orange County Master Plan of Arterial Highways. (d) The Development Plan and any amendment thereto shall be accompanied by the following: 1. A general land use map, setting forth the proposed uses of all sectors within the subject property and the approximate acreage of each. 2. An accompanying text setting forth the land use regulations which constitute the standards of development designed to govern those sectors specified in the Development Plan. Said standards shall contain definitions and information concerning requirements for building site coverage, building heights, building line designations, off-street parking, vehicular access, signing, lighting, storage, screening and landscaping, and any other (Newport Beach 1-21-80) 468-20 PLANNED COMMUNITY DISTRICT 20.51.045 infonnation which the Community Development Director shall require to insure substantial compliance with the intent of this Chapter. 3. A topographic map and conceptual grading plan of the property. 4. A preliminary report and overall plan describing proposed provisions for stonn drainage, sewage disposal, water supply and such other public improvements and utilities as the Public Works Director may require. 5. A written statement of standards as they relate to the allocation of land within the Development Plan to all proposed types of land use. (e) The City Council may approve, disapprove or refer the same back to the Planning Commission for further processing. Any such plan is subject to the final approval of the City Council. (Ord. 1657 (part), 1976). 20.51.045 Amendments to Development Plan. All development within the P-C District shall substantially comply with the Development Plan and the City's General Plan as approved and adopted by the City Council. To assure that development remains consistent with the General Plan and with the various elements, statements, population densities and standards which constitute said General Plan, the City Council or the Planning Commission may from time to time review and, if necessary, initiate amendments to the Development Plan to assure such consistency. Any proposed amendment to the Development Plan as originally approved and adopted by the City Council shall be accomplished in the following manner: (a) The Planning Commission shall hold at least one (1) public hearing before approving or disapproving an amendment to any part or element of the Development Plan. Notice of the time and JJlace of the hearing_s!:tall be g~iv~e~n __ as prescribed in Section 20.84.030. (b) The Planning Commission may approve, approve with modifications or disapprove a proposed amendment to any part or element of the Develop- ment Plan. The approval of the Planning Commission shall be signified by the adoption of a resolution endorsed by the Chainnan and Secretary of the Commission. Said resolution shall contain the findings and recommendations of the Commission and shall be forwarded to the City Council no later than forty-five (45) days after the first published notice of the Planning Commission hearing, unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commis- sion to take action on the proposed amendment or failure to report within the time limit shall be deemed to be approval of the proposed amendment by the Planning Commission. (c) If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within fourteen (14) days after such disapproval. (d) Following receipt of the Planning Commission resolution approving the proposed amendment to any part or element of the Development Plan, the City Council shall hold at least one ( 1) public hearing on the proposed amend- 468-21 (Newport Beach 8-94) 20.51.050-20.51.055 PLANNING AND ZONING ment before taking any action thereon. Notice of the time and place of the hearing shall be given as prescribed in Section 20.84.030. After the conclusion of such hearing, the City Council may adopt or reject the proposed amendment, or any part thereof, in such form as the Council may deem to be advisable, or the Council may refer the matter back to the Planning Commission for further study and recommendation. (e) No amendment to any part or element of the Development Plan shall be deemed final until approved by the City Council by adoption of a resolution setting forth full particulars of the amendment. (Ord. 94-20 § 5, 1994: Ord. 1657 (part), 1976). 20.51.050 Commencement of Construction. Building construction shall not be commenced unless and until one of the following alternatives has occured: (a) 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 Title 20 of this Code. Said subdivision shall comply with the provisions of Title 19 of this Code, as amended, and the State Subdivision Map Act. (b) Standards of development have been approved on the Development Plan for the specific sector proposed for development. (c) The Planning Commission has granted a use permit for any specific development. (Ord. 1657 (part), 1976). 20.51.055 Application for Use Permit Development. Where a use permit is required pursuant to Sections 20.51.020(e) or 20.51.040(b)(3) of this Code, an application shall include the following documents and materials submitted in such quantities as determined by the Community Development Director: (a) A map showing the location of the project in relation to the approved Development Plan. (b) Topographic map and preliminary grading plan of the property showing the proposed method of adapting the development to the site. (c) Legal description or boundary survey of the property. (d) General location, grades, widths and types of improvements proposed for all streets, and general plan of water, sewer and drainage systems. (e) Preliminary concept or design drawings indicating proposed walkways, driveways and service areas. (f) General location and number of residential units, if any, for each proposed structure. (g) General location and design of automobile parking areas. (h) Preliminary landscaping concept plan. (i) Location of public or quasi-public buildings or areas, including, but not limited to, schools, recreation facilities, parking and service areas, if any. (j) At the discretion of the Community Development Director, preliminary elevations of structures or a written description indicating (Newport Beach 8-94) 468-22 PLANNED COMMUNITY DISTRICT 20.S 1.060-20.51.080 architectural theme or type of development. (k) Irrevocable offers to dedicate those areas shown on the Plan as public property. (I) Method by which the property could be divided for the sale or lease of individual parcels. (m) Method by which open space areas are to be perpetually main ta in ed. (n) Other plans or information the Community Development Director determines to be nece·ssary to insure substantial compliance with the intent of this Chapter. (Ord. 1657 (part), 1976). 20.S 1.060 Conformance Requisite to Building Permit Issuance. The Community Development Department shall insure that a P-C District development is undertaken and completed in conformance with the approved building plans and the terms and conditions of the Development Plan or use permit for such development. No building permit shall be issued for any construction or development which does not conform to such plans, terms and conditions. (Ord. 1657 (part), 1976). 20.51.080 Development of Coastal Bluff Sites in Planned Community Districts. The City of Newport Beach finds that the natural bluffs represent a significant scenic and environmental resource. In order to preserve these unique landforms, developments in Planned Community Districts proposed to be located in bluff areas adjacent to the ocean or Upper Newport Bay, and bluffs within the presently defined Coastal Zone in the City's sphere of influence downcoast, as indicated on the Bluff Areas Map on file in the --------Office-of-the City Clerk and made a--part-of this Section by-reference;-shal!- 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%) or greater, with a vertical rise of 25 feet or greater. Where there is some question as to the applicability of this Section to a specific landform, a determination as to whether or not the specific landform constitutes a bluff shall be made by the Planning Commission, consistent with the purposes of this regulation. (b) GRADING. 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 runoff, erosion and groundwater conditions. (c) GEOLOGIC REPORT. To promote public safety, a geologic study shall be performed for each site to determine areas of potential instability. The bluff areas of potential hazard or instability shall be indicated on maps as part of any P-C development plan. 468-22a (Newport Beach 3-85) 20.51.080 PLANNING AND ZONING (d) SETBACK REQUIREMENT. As a general guideline, the property line setback from the edge of a bluff should be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. A greater setback distance shall be required where warranted by geological or groundwater conditions, but in no case shall a property line be located closer than 40 feet to the edge of a bluff. In addition, no part of a proposed development shall be located closer than 20 feet to the bluffside property line. This required building setback may be increased or decreased by the Planning Commission in the review of a proposed site plan consistent with the purposes of this Section. (e} PUBLIC VIEWS .. The location and design of a proposed project shall take into account public view potential. (f) HEIGHT OF STRUCTURES. Height of structures shall be as described in the Planned Community Development Plan. (g) PUBLIC ACCESS AND DEDICATION REQUIREMENTS. The location and design of a proposed project shall maximize public access to the coastal bluff areas as follows: (1) Public access to coastal bluff areas shall be assured through the design of the local street system and through the location of public trails and walkways adjacent to the bluffs. The City may require the dedication of right-of-way or the granting of easements may be improved or not improved at the option of the City Council. Area required for right-of-way dedication (. or for the granting of access easements is in addition to the area required for " park dedication. (2} Areas adjacent to coastal bluffs having significant view potential shall be designated for use as view parks or vista points consistent with parkland dedication requirements. (3) Land required to be dedicated for neighborhood parks but which is intended to remain in an unimproved, natural state should be located adjacent to the bluffs; any portion of that land required to be dedicated for neighborhood parks which is intended to provide active recreational facilities may be located in the interior portions of the proposed development. ( 4) Bluff face areas need not be accepted by the City for any type of dedication. (h) SUBDIVISION DESIGN. In the preparation of a development plan, natural bluff areas shall not be included in development areas as designated on the site plan. The design of any subdivision shall not include any bluff face or bluff edge as part of any residential lot or building site. (i) LANDSCAPE PLANS AND PLANT MATERIAL. For the purpose of regulating ·groundwater conditions, landscape plans for those areas immediately adjacent to the bluffs shall incorporate native vegetation or other drought-resistent plant material. (Ord. 1798 § 1, 1979). (Newport Beach 3-85) 468-22b (/') <C w a: <C \ "' w .... ;;; u. u.. :::> -' "' 0 .... .... (.) w .., "' :::> "' "' z 0 ;:: < -' :::> C) w a: PLANNED COMMUNITY DISTRICT 20.51.080 w u z < z Q ~ 0 468-23 (Newport Beach 12 ·82) Sections: 20.52.010 20.52.020 20.52.030 20.52.040 20.52.050 20.52.060 20.52.070 OPEN SPACE DISTRICT Chapter 20.52 OPEN SPACE DISTRICT Intent and Purpose. Effect of Chapter. Establishment of OS Districts. Uses Permitted. Uses Requiring Use Permit. Parking. Building Height. 20.52.010-20.52.040 20.52.010 Intent and Purpose. The 0-S District is intended to prohibit intensive urban development of those areas of the City which are subject to hazards of flood, erosion, geologic instability, earthquake faulting, and fires; to assure permanent open space in and for public parks, beaches and recrea- tion areas, marine and wildlife preserves, land preserves, watershed areas, spreading grounds, and settling basins wherein development would ad- versely affect public use and natural environmental benefits; to regulate commercial activities in recreational areas; and to allow for the temporary preservation of agricultural and natural areas. (Ord. 88-23 § 1 (part), 1988: Ord. 1730 § 1 (part), 1977: Ord. 1657 (part), 1976). 20.52.020 Effect of Chapter. All sections of this Title shall be subject to the provisions of this Chapter. (Ord. 88-23 § 1 (part), 1988: Ord. 1730 __________ §_! _(p_a!!J• I 9_7 7 :_Ord ._!_65 7 _ (part2,_1~'7_6L_ _ ___ ________ _______ _ __ _ _ 20.52.030 Establishment of 0-S Districts. This Section establishes two classifications of Open Space, which are identified by a parenthetical (A) for those areas where active· recreational uses are permitted, and a parenthetical (P) for those areas where only passive recreational uses are permitted and access is limited or otherwise controlled. (Ord. 88-23 § 1 (part), 1988: Ord. 1 730 § 1 (part), 1977: Ord. 1657 (part), 197 6). 20.52.040 Uses Permitted. A. The following uses shall be permitted in the 0-S (A) District: (I) Privately owned or public open recreation areas, parks, paseos, permanent landscape or open space, playgrounds, beaches, cemeteries, and such buildings and structures as related thereto, but permitting no commer- cial or retail uses or services or commercial recreational uses where an ad- mission or use fee is charged, except as permitted under Section 20.52.050 of this Chapter. (2) Agricultural and horticultural uses and such buildings and struc- tures as related thereto subject to the provisions of Section 20.52.050 of this Chapter. 468-24a (Newport Beach 9-88) 20.52.040 PLANNING AND ZONING (3) Public bicycle routes, hiking trails, and other pedestrian ways. ( 4) Public parking. (5) Marinas, harbors, mooring facilities subject to City Council Harbor Permit Policy. ( 6) Other similaruses which in the opinion of the Planning Commis- sion would fulfill the intent of this Section. B. The following passive recreational or open space uses or facilities shall be permitted in the 0-S (P) District: (I) Marine and wildlife preserves. (2) Public hiking trails or access ways. (3) Public viewing facilities such as observation platforms or nature study areas. ( 4) Drainage channels, water courses, spreading grounds, settling basins, reservoirs, power and utility lines, and any access roads necessary to provide service to these facilities. (5) Other similar uses, which in the opinion of the Planning Commis- sion would fulfill the intent of this Section. (Ord. 88-23 § I (part), I 988: Ord. 1730 § 1 (part), I 977: Ord. 1657 (part), 1976). (Newport Beach 9-88) 468-24b OPEN SPACE DISTRICT 20.52.050-20.52.070 20.52.050 Uses Requiring Use Permit. A. The following active recrea- tional uses shall be permitted in the OS-(A) District subject to the approval of a Use Permit in each case. Any such use which was in existence prior to the property being reclassified to Open Space may be continued or altered without securing a use permit provided that there is no increase in the intensity of use: (I) Residential structures for a watchman or caretaker and his family. (2) Public or private commercial recreational facilities, including but not limited to golf courses, aquatic parks, tennis clubs and yacht clubs or other similar uses, where an admission or use fee or club membership fee is charged or required. (3) Night lighting other than normal parking or security lights. ( 4) Other similar uses, which in the opinion of the Planning Commis- sion, would fulfill the intent of this Section. B. In the 0-S(P) District any construction or grading activity in con- junction with the development or establishment of any use permitted by Section 20. 52.040 that requires the issuance of a building or grading permit shall be subject to the approval of a Use Permit in each case. (Ord. 88-23 § I (part), 1988: Ord. 1730 § 1 (part), 1977: Ord. 1657 (part), 1976). 20.52.060 Parking. Parking shall be provided in accordance with the provisions of Title 20 or shall be established by the Planning Commission. (Ord. 88-23 § 1 (part), 1988: Ord. 1730 § 1 (part), 1977: Ord. 1657 (part), 1976). 20.52.070 Building Height. The building height limit shall be as speci- - -------fied in-Chapter 20.02. (Ord. 88,23 § I (part), 1988: Ora. 1730 §T{j:JaffT, ·· 1977: Ord. 1657 (part), 1976). 468-25 (Newport Beach 2·90) 20.53.010-20.54.010 PLANNING AND ZONING Sections: 20.53.010 20.53.020 20.53.030 Chapter 20.53 U DISTRICT Effect of Chapter. Uses Permitted. Building Height, Building Bulk, and Floor Area Limit- Site Area-Yards. 20.53.010 Effect of Chapter. The following regulations shall apply in all unclassified or U Districts. U Districts shall include all of the incorporated area within the City not precisely zoned or included in any zone or district as provided for under the zoning code of the City of Newport Beach. (Ord. 1657 (part), 1976). 20.53.020 Uses Permitted. The following uses shall be permitted in U Districts: All uses not otherwise prohibited by law; provided, that a Use Permit shall first be secured for any use to be established in any U District, except authorized piers. (Ord. 1657 (part), 1976). 20.53.030 Building Height, Building Bulk, and Floor Area Limit -Site Area -Yards. Building height limits, building site area required and yards '\ required shall be as .specified in the Use Permit; provided, however, that in no event shall any building exceed the height limit specified in Chapter 20.02, nor shall floor area or building bulk exceed the limits specified in Chapter 20.07. (Ord. 89-19 § 3 (part), 1989: Ord. 1657 (part), 1976). Sections: 20.54.010 20.54.015 20.54.020 20.54.025 Chapter 20.54 G-E-I-F DISTRICT Intent and Purpose. Permitted Uses. Use Permit Required. Development Standards. 20.54.010 Intent and Purpose. The intent and purpose of this Section is to establish a zoning district that provides for the orderly development of public, quasi-public, and institutional uses, or the expansion of existing fa- cilities, within areas designated for these uses in the Land Use Element of the General Plan. (Ord. 88-27 § 1 (part), 1988). (Newport Beach 2-90) 468-26 G-E-I-F DISTRICT 20.54.015-20.54.025 20.54.015 Permitted Uses. The following uses shall be permitted in the G-E-I-F-District: a. Churches, Synagogues, and Temples. b. Civic Centers and Related Municipal Facilities and Offices. c. Community Centers. d. Fire Stations and Police Stations. e. Hospitals. f. Libraries. g. Lodges and Community Service Organizations. h. Museums. i. Post Office Facilities operated by the U.S. Postal Service. j. Reservoirs and other water delivery, storage, or supply facilities. k. Schools, Public or Private, Administration Offices and Facilities. I. Social Halls. m. Transit Facilities. n. Utility Substations, Public and Private. (Ord. 88-27 § I (part), 1988). 20.54.020 Use Permit Required. Approval of a Use Permit in accord- ance with the provisions of Chapter 20.80 of the Municipal Code is required for the establishment of any new use permitted by this Section, or any ex- pansion or changes in the operational characteristics of an existing use within this zoning district, unless said use is owned and or operated by a govern- mental' agency that is exempted from the provisions of this Section by con- stitutional or statutory law, and is acting in its governmental capacity. (Ord . ... 88-27 § 1 (part), 1988). 20.54.025 Development Standards. Unless otherwise approved as a part of a Use Permit, the following development standards shall be a part of any proposal for a new or expanded use within this zoning district: a. Building Height. Building height shall be regulated by Chapter 20.02 of the Municipal Code, in accordance with the "Official Height Limitation Zones Map" incorporated within Chapter 20.02. b. Building Floor Area. Gross building floor. area shall be established using the floor area limits set forth parenthetically on the Districting Maps. c. Parking Requirements. Parking shall be provided in accordance with the provisions of Chapter 20.30.035 of the Municipal Code. d. Setback Requirements. The Planning Commision, or City Council upon review or appeal, shall establish front, side, and rear yard setback re- quirements for each proposed development in conjunction with the approval of the Use Permit. (Ord. 88-27 § 1 (part), 1988). 468-26a (Newport Beach 2-90) 20.60.010-20.60.020 PLANNING AND ZONING Sections: 20.60.010 20.60.020 20.60.030 20.60.040 20.60.050 20.60.060 20.60.070 PART VI. SPECIFIC AREA PLANS Chapter 20.60 SPECIFIC PLAN DISTRICT Authority and Scope. Effect of Chapter. "SP" Combining District-Uses Permitted and Development Standards. "SP" Individual District-Uses Permitted and Development Standards. Adoption or Amendment of Specific Plan and Application of the "SP" District. Specific Area Plan Areas -Site Plan Review Required. Use Permit Required-Specific Plan Areas. 20.60.010 Authority and Scope. The Planning Commission may, or if so directed by the City Council shall, prepare specific plans based on the general plan and drafts of such regulations, programs, and legislation as may in its judgment be required for the systematic execution of the General Plan and the Planning Commission may recommend such plans and measures to the City Council for adoption according to the provisions of California Government Code Sections 65450 through 65550 which are incorporated herein by this reference as if fully set forth. Such specific plans may include: (a) Regulations limiting the location of buildings and other improvements with respect to existing or planned rights-of-way. (b) Regulation of the use of land and buildings, the height and bulk of buildings, and the open spaces a bout 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. (Ord. 89-24 § 2 (part), 1989: Ord. 1657 (part), 1976). 20.60.020 Effect of Chapter. The following regulations shall apply to all property within a District where the District symbol is combined with the "SP" -Specific Plan Symbol and all property within the "SP" -Specific Plan District, when applied as a separate district. In all cases the "SP" symbol shall be followed by a number to designate the Specific Plan (e.g., SP!: Specific Plan Number 1) and the development that shall be permitted subject to provisions of the designated Specific Plan and the regulations of · this chapter. (Ord. 89-24 § 2 (part), 1989: Ord. 1657 (part), 1976). (Newport Beach :2-90) 468-26b SPECIFIC PLAN DISTRICT 20.60.030-20.60.060 20.60.030 "SP" Combining District -Uses Permitted and Develop- ment Standards. The "SP" symbol may be applied as a combining district (e.g., CNH-SP) where the Specific Plan regulations are intended to apply only to specific uses and development of land. In these cases, where the Specific Plan regulations may differ from the regulations of the base district, the regulations of the Specific Plan shall apply. (Ord. 89-24 § 2 (part), 1989: Ord. I 65 7 (part), I 97 6). 20.60.040 "SP" Individual District -Uses Permitted and Develop- ment Standards. Any use or development of property within an "SP" Dis- trict where the "SP" symbol is not combined with another District shall be in compliance with the regulations of the referenced Specific Plan. (Ord. 89-24 § 2 (part), I 989: Ord. I 657 (part), 197 6). 20.60.050 Adoption or Amendment of Specific Plan and Application of the "SP" District. Specific Plans shall be adopted and amended by ordi- nance pursuant to the provisions of Chapter 20.84 of this Code. (Ord. 89-24 § 2 (part), 1989: Ord. 1657 (part), 1976). 20.60.060 Specific Area Plan Areas -Site Plan Review Required. A. PURPOSE. The City Council finds that developments in areas designated for Specific Area Plans for which a Specific Area Plan has not been adopted, may have potentially adverse effects on the surrounding area, or may inter- fere with the implementation of specific objectives of the General Plan or Specific Area Plans. The effect of this Section is to require Site Plan Review by the Planning Commissio_n for any propos~d de_'{l!l_opment, !lXQept asi:>ro:_ __ vided in Sub-section C, within areas designated by the General Plan for the development of Specific Area Plans to insure that the project conforms to the objectives of the General Plan. B. FINDINGS. The City Council finds, determines and declares that the establishment of Site Plan Review procedures contained in this Section promote the health, safety, and general welfare of the community by ensur- ing that: (I) Development of properties in Specific Area Plan areas will not pre- clude implementation of Specific General Plan or Specific Area Plan ob- jectives and policies. (2) The value of property is protected by preventing development in Specific Area Plan Areas which is characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area. (3) The benefits derived from expenditures of public funds for improvement, acquisition and beautification of streets, parks, and other public facilities are maximized by the exercise of reasonable controls over 468-26c (Newport Beach 2-90) 20.60.070 PLANNING AND ZONING the layout and site location characteristics of private buildings, structures and open spaces. ( 4) Unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to pre- serve and stabilize the natural terrain, and to protect the environmental re- sources of the City. C. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new struc- ture, including fences, to be constructed, or existing building to be recon- structed or remodeled to increase the gross floor area by 50% or 2,500 square feet whichever is less, or increase the roofline or height, within an area designated on the land use plan of the General Plan for the development of a Specific Area Plan, for which a Specific Area Plan has not been adopted. Exception: Site Plan Review shall not be required for construction or altera- tion of single-family dwellings or duplexes in any residential zone where such development is consistent with the land use designation of the General Plan. D. PLANS AND DIAGRAMS TO BE SUBMITTED. Plans and diagrams shall be submitted in accordance with Section 20.0 l.070D. E. FEE. The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. STANDARDS. In addition to the general purposes set forth in Sub-( section B, in order to carry out the purposes of this chapter, the site plan re-\_ view procedures established by this Section shall be appiied according to and in compliance with the standards contained within Section 20.01.070F. G. ACTION. Action by the Planning Commission and the City Council shall be in accordance with the provisions of Sections 20.0l.070H, I, and J. H. EXPIRATION AND REVOCATION OF SITE PLAN REVIEW APPROVALS. Expiration or revocation of Site Plan Review Approvals shall be in accordance with Section 20.0 l.070K. (Ord. 89-24 § 2 (part), 1989: Ord. 1657 (part), 1976). 20.60.070 Use Permit Required -Specific Plan Areas. A. PURPOSE. The City Council finds that development of office buildings exceeding 5 ,000 square feet in floor area in areas designated for Specific Area Plans for which a Specific Area Plan has not been adopted may conflict with the existing or contemplated character, appearance, use or design of said district, thereby precluding the implementation of the General Plan policies and objectives. The effect of this Section is to require use permits for any proposed office building with a gross floor area exceeding 5 ,000 square feet in said areas to insure that the project conforms to the objectives of the General Plan. B. USE PERMIT REQUIRED. A Use Permit shall be obtained prior to the issuance of a Building Permit for any new office building exceeding 5,000 square feet gross floor area within an area designated on the land use plan of the General Plan for the development of a Specific Area Plan, for which a Specific Area Plan has not been adopted. (Newport Beach 2-90} 468-26d SPECIFIC PLAN (NEWPORT SHORES) 20.61.010 C. CRITERIA FOR USE PERMIT. In addition to the provision of Chapter 20.80 of this Code, in granting a Use Permit under this Section, the Planning Commission, or City Council, if the matter is to be determined by the City Council shall find that: (I) The proposed office building is in keeping with the desired character of the specific plan area as identified by the General Plan; (2) The proposed building is consistent with the General Plan policies; and (3) The proposed use will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. (Ord. 89-24 § 2 (part), I 989: Ord. 1657 (part), 1976). Chapter 20.61 SPECIFIC PLAN (NEWPORT SHORES) Sections: 20.61.010 Establishment of Specific Plan (Newport Shores). 20.61.020 Intent and Purpose. 20.61.030 Private Land Development. 20.61.040 Public Rights-of-way. 20.61.050 Residential Development. 20.61.060 Commercial Development. 20.61.010 Establishment of Specific Plan (Newport Shores). The following described real propertyin the City of Newport Beach, County of -------Orange, sfate-ofCaliforiilll, to wit:-· Lots 1 and 2, Block D; Lots 1 through 6, Block E; Lots 1 through 5, Block F; Lot 1, Block G; El Moro Tract, recorded in Miscellaneous Maps, Book 8, Page 7 5; Lots 4, 5, 6, and 7, Block 159; Lots 4 through 17, Block 160; River Section, recorded in Miscellaneous Maps, Book 4, Page 25; Lots 3 through 14, Block 1; Lots 3 through 14, Block 2; Lots 3 through 24, Block 3; Lots 3 through 14, Block 4; Lots 3 through 14, Block 5; Lots 3 through 14, Block 6; Lots 3 through 14, Block 7; Lots 3 through 14, Block 8; Lots 3 through 14, Block 9; Lots 3 through 14, Block 10; Lots 3 through 12, Block 11; Lots 3 through 6, Block 12; Lots 3 and 4, Block 13; Lot 3, Block 14; Seashore Colony Tract Addition, recorded in Miscellaneous Maps, Book 7, Page 25; Lots I through 5, Block 1 O; Tract No. 772, recorded in Miscellaneous 468-27 (Newport Beach 2-90) 20.61.020-20.61.030 PLANNING AND ZONING Maps, Book 23, Pages 5 and 6; Vacated Olive Street north of West Coast Highway; Vacated Sonora Street north of West Coast Highway; Vacated alley between Olive and Sonora Streets (vacated) north of West Coast Highway; Vacated alley between Highland Street and Grant Street, north of West Coast Highway; Vacated alley between Highland Street and Nordina Street (vacated); Vacated Nordina Street north of West Coast Highway; Vacated alley between Prospect Street and 62nd Street, north of West Coast Highway and south of Newport Shores Drive; That area south of Superior Court Case No. 22797 located in Record of Survey, Book 27, Page 45, between Summit Street (vacated) and Highland Street (east side) extended, and as shown on Districting Map No. 1 referred to in Section 20.01.050 of the Newport Beach Municipal Code, and by such reference made a part of Title 20 of said Code, is hereby rezoned from the C-1-H and R-2 Districts to SP 4-Specific Plan District, and said Districting Map No. I is hereby amended to show this zoning change. (Ord. 1657 (part), 1976). 20.61.020 Intent and Purpose. The intent and purpose of this Ordinance is to establish a Specific Area Plan to guide the orderly development and improvement of that area of the City which is located on the north side of West Coast Highway and is generally bounded by the Santa Ana River, Seminiuk Slough and Newport Shores Drive. (Ord. 1657 (part), l 976). 20.61.030 Private Land Development. The following two general Land Use Designations are established: l. Residential Development 2. Commercial Development The designations, locations, and boundaries of these uses are delineated upon the plan entitled, "Newport Shores Specific Area Plan -City of Newport Beach Specific Plan No. 4," which plan and all information and notations thereon are hereby made a part of this section by reference. Whenever a building or structure is erected, reconstructed or structurally altered in the subject area, all applicable sections of the Municipal Code shall prevail except where there is a conflict with this Ordinance, in which case the provisions of this Specific Area Plan shall take precedence. Further, no building permit shall be issued for any construction unless the property owner agrees to the dedication and improvement of the existing and proposed rights-of-way adjacent to or within the property, as indicated on the Specific Area Plan and in accordance with the standards of the City of Newport Beach. (Ord. 1657 (part), 1976). (Newport Beach 2D90) 468-28 SPECIFIC PLAN (NEWPORT SHORES) 20.61.040-20.61.050 20.61.040 Public Rights-of-Way. As indicated on the Specific Area Plan map, it is intended that direct access to all local streets except Orange, Fem, Highland, Prospect, 6 lst, and 60th be removed and that a one-way street system be created on Colton, Grant, Lugonia, Walnut, and Cedar with connecting "frontage streets" between. These "frontage streets" shall be approximately 12 feet wide with a planting area adjacent to Coast Highway. All existing streets shall maintain their current right-of-way widths. A new interior street shall be provided with any redevelopment of the property west of Grant Street. This street shall have a minimum right-of-way width of 40 feet and shall be generally located as shown on the Specific Area Plan map. It is intended that 62nd Street and the alley between 62nd Street and 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 Area Plan map. (Ord. 1657 (part), 1976). 20.61.050 Residential Development. It is the intent of this section to implement the recommendations of the Residential Growth Element of the General Plan which states that "a portion of the commercial strip on the West Coast Highway shall be rezoned to a two-family district that would include appropriate development standards." A. USES PERMITTED. Single family dwellings and duplexes. Accesso- ry uses normally incidental to single residential uses. This is not to be construed as permitting any commercial uses. B. REQUIRING USEPERMIT. The following uses shall require a use permit: community centers, clubs, multiple dwellings, apartment dwellings, and dwelling groups containing three or more dwelling units. The Planning Com- mission before approving a use permit for any development containing three or more dwelling units shall find: !. That the development will not be detrimental to or out of character with the surrounding development. 2. That the development does not exceed the density, height, and floor area limits established in this section. 3. That in addition to the basic outdoor living space requirement of ten percent of the buildable area, there will be additional outdoor living space. C. DENSITY LIMITATION. For each dwelling unit up to a maximum of two units, there shall be a minimum of twelve hundred (1200) square feet of lot area. For each dwelling unit in excess of two units, there shall be a minimum of fifteen hundred (1500) square feet provided that a use permit is first secured for any development in excess of two units. D. BUILDING HEIGHT AND FLOOR AREA LIMIT. !. BUILDING HEIGHT. For dwellings, the height limit shall be as specified in Section 20.02.030(A) of the Municipal Code. For accessory buildings the height limit shall be fifteen (!5) feet. 468-29 (Newport Beach 3-94) 20.61.060 PLANNING AND ZONING 2. FLOOR AREA LIMIT. The total gross floor area, including base- ments, garages, and carports contained in all buildings on a building site shall not exceed twice the buildable area. For purposes of calculating the allowable gross floor area, the floor area devote.ct to portions of buildings located over uninhabitable areas which span more than one floor and measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor, shall be considered to occupy two floor levels. E. OUTDOOR LIVING AREA. In addition to the required yards and separations between detached buildings, there shall be provided an outdoor living area of at least ten percent of the buildable area equally distributed between each dwelling unit. Said area may be combined provided the combined area is accessible and available for the use of each dwelling. Said area shall have a minimum dimension of six (6) feet and may be in the form of open land area, a deck, a balcony, a porch or patio. Said area may be roofed but shall remain unenclosed on at least one side. In no event shall said area be placed on the roof of the second story. F. YARDS. 1. FRONT YARDS. Front yards shall be a minimum of five (5) feet. 2. SIDE YARDS. Each side yard shall not be less than three (3) feet wide on building sites forty (40) feet wide or less, or four (4) feet on sites wider than forty ( 40) feet; provided, that the side yard on the rear twenty (20) feet of the of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. 3. REAR YARDS. Rear yards shall be a minimum of five (5) feet. 4. BETWEEN DETACHED BUILDINGS. Minimum ten (10) feet. 5. SETBACK FROM COAST HIGHWAY. Structures designed for residential occupancy shall be located a minimum of eighteen (18) feet from the Coast Highway right-of-way. G. AUTOMOBILE STORAGE OR PARKING SPACE. For each dwelling unit there shall be a minimum of two covered parking spaces. On lots less than fifty (50) feet in width tandem parking shall be permitted provided that the forward space is an enclosed garage, and the rear space is unenclosed on at least three (3) sides. (Ord. 94-3 § 8, 1994: Ord. 1657 (part), 1976). 20.61.060 Commercial Development. It is the intent of this section to provide for a service commercial area that will provide convenience goods and services to nearby residences. A. USES PERMITTED. Retail stores, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building, including appliance stores, bakeries (except wholesale), banks, barber shops, beauty parlors, book stores, drug stores, food shops, hardware stores, medical- dental offices, radio stores, antique shops, shoe shops, studios, tailor shops, copy service, handicraft establishments, and other uses which in the opinion of the Planning Commission are of a similar nature. (Newport Beach 3-94) 468-30 SPECIFIC PLAN (NEWPORT SHORES) 20.61.060 B. USES REQUIRING USE PERMIT. Gasoline service stations, hotels, motels, restaurants, outdoor restaurants, drive-in and take-out restaurants, drive- in facilities, pet shops, animal hospitals, laundries, launderettes, nail salons, wedding chapels, health clubs/aerobics studio, music/art schools, private instructional facilities, arcades, commercial recreational facilities, day care, service/social clubs, churches, museums, marine related museums, boat sales and laundromat. C. BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA LIMIT. The total gross floor area and building bulk contained in all buildings on a buildable site in commercial areas shall be as specified in Chapter 20.07, provided that in no event shall any building exceed the height limit specified in Section 20.02.030(C) of the Municipal Code. D. SITE AREA. The Building Site Area required shall be a minimum of 2,000 square feet. Minimum building site frontage required shall be twenty-five (25) feet. E. YARDS. I. FRONT YARD. No front yard shall be required except where the frontage in a block is partially in a Residential Development Area, in which case the front yard shall be the same as required in such Residential Develop- ment Area. 2. SIDE YARDS. No side yards shall be required except where the side of a lot abuts upon the side of a lot .in a Residential Development Area, in which case the side yard shall be not less than five (5) feet. 3. REARY ARDS. No rear yards shall be required, except where the rear of a lot abuts on a Residential Development Area, in which case the rear yard shall be not less than five (5) feet. Rear yards abutting alleys shall have a minimum width of ten (10) feet. F. AUTOMOBILE STORAGE OR PARKING SPACE. Accessible storage or space for the parking of automobiles off the street shall be provided as set forth in Chapter 20.30.035 of the Municipal Code. In addition ten percent of the paved parking area shall be devoted to planting areas. Extensive use of trees is encouraged. All planting areas shall have a minimum width of three (3) feet. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system and shall be separated from the adjoining vehicular way by a curb not less than six (6) inches in height. (Ord. 91-25 § 1, 1991; Ord. 90-31 § 1(part),1990; Ord. 89-35 § 3 (part), 1989; Ord. 89-19 § 3 (part), 1989; Ord. 85-17 § 6, 1985; Ord. 1717 § 1, 1977; Ord. 1657 (part), 1976). 468-31 (Newport Beach 9·91) PLANNING AND ZONING ·-· 468-32 I -ti SPECIFIC PLAN DISTRICT (MARINERS' MILE) 20.62.010 Chapter 20. 62 SPECIFIC PLAN DISTRICT (MARINERS' MILE)* Sections: 20.62.010 20.62.020 20.62.030 20.62.040 20.62.050 20.62.060 20.62.070 Establishment of Specific Plan District-Mariners' Mile. Intent and purpose. General Controls. Recreational and Marine Commercial-RMC District (Bayward side of Coast Highway). Retail and Service Commercial-RSC District (Inland side of Coast Highway). Site Plan Review. Definitions. 20.62.010 Establishment of Speeific Plan District -Mariners' Mile. The provisions of this Chapter shall apply to all parcels within the following described real property in the City of Newport Beach, County of Orange, State of California, to wit: Beginning at the intersection of the centerlines of Coast Highway and North Newport Boulevard; thence northerly along the centerline of Newport Boulevard to centerline of Santa Ana Avenue; thence northeasterly along the centerline of Santa Ana Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street to the southerly prolongation of the westerly line of the parcels created from Lot D Tract 919 by record of survey recorded in Book 24, Page 6 of record of surveys; thence northerly, easterly, northeasterly and southeasterly along said prolongation and the boundaries of said parcels to the northwesterly prolongation of the northeasterly line of Lot 40 Tract 1133; thence southeasterly along the prolongation and the northeasterly line of Lot 40 Tract 1133; thence southwesterly along the southeasterly boundary of Lots 40 and 41 to the most westerly corner of Lot 48 Tract 1133; thence southeasterly along the southwesterly line of Lot 48 Tract 1133 and its easterly prolongation to the centerline of Ocean View Avenue; thence southerly along the centerline of Ocean View Avenue to the westerly prolongation of the northeasterly line of Lot 20 Tract 1133; thence easterly along said northeasterly line of Lot 20 to the northwesterly line of Parcel A, record of survey recorded in Book IO Page 27 of record of survey; thence northeasterly along said westerly line to the most westerly corner of that certain parcel of land as described in the deed recorded in Book 11293 Page 786 of official records; thence easterly along the southwesterly line of said parcel to the most southerly corner of said parcel; thence northeasterly to a line parallel with and 190 feet, measured at right angles from the center line of Cliff Drive; thence southeasterly along said parallel line and its easterly prolongation to the north westerly boundary line of Tract No. 1221; thence southwesterly along said boundary and its prolongation to an intersection with the U.S. pierhead line; thence westerly along said pierhead to U.S. Bulkhead Station l 28A; *Prior ordinance history: Ords. 1718, 1753, 1895, 85-17, 89-19 and 89-35. 468-32a (Newport Beach 4-90) 20.62.020 PLANNING AND ZONING thence westerly to U.S. Bulkhead Station 128; thence westerly to U.S. Bulk- head Station 227; thence northerly to the point of beginning, as shown on Districting Map No. 4 referred to in Section 20.06.030 of the Newport Beach Municipal Code, and by such reference made a part of Title 20 of said Code, is hereby rezoned from the C-2, C-0-Z, C-1-H, C-2-H, and R-1 Districts to SP 5 -Specific Plan District, and said Districting Map No. 4 is hereby amended to show this zoning change. (Ord. 90-3 § 1 (part), I 990). 20.62.020 Intent and purpose. The intent of this chapter is to establish a Specific Plan District to guide the orderly development and improvement of that are.a of the City of Newport Beach which is located east of Newport Boulevard, west of the county owned property used as a Sea Scout Base, north of Lower Newport Bay. and generally south of the base of the bluffs northerly of Coast Highway. It is the purpose of this ordinance to imple- ment the goals and policies of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan and establish consistency between these documents and the zoning ordinance in the Mariners' Mile area. Specifically, these planning documents contain provisions which indicate the desire on the part of the City to encourage marine service businesses, visitor- serving facilities, local service retail, encourage a pedestrian orientation of .the area, provide public physical and visual access to the bay, preserve and enhance the character of scenic highways and drives and city view parks in f the area, and provide safe and convenient vehicular circulation and access to businesses. The development standards contained in this Specific Area Plan are intended to implement these objectives by providing a system whereby certain land uses are encouraged through an incentive system, and competing objectives can be balanced based upon the overall goals of the community. Therefore, specific land use, intensity and design criteria are set forth in the review framework of the site plan review, use permit and variance processes, where the Planning Commission will exercise its discretion on a project-by- project basis to result in development which provides for the overall com- munity needs as set forth herein. The permitted land uses and accompanying design guidelines and de- velopment standards provide for the orderly and equitable development of property within the Mariners' Mile area. Areas on the bayward side of Coast Highway are designated "Recrational and Marine Commercial." It is the intent of this designation to encourage a continuation of marine-oriented and visitor-serving uses, maintain the marine theme and character of the area, and encourage public physical and visual access to the bay. The marine- oriented and coastal-dependent uses on the bayfront are encouraged by establishing 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 com- mercial and marine-related uses permitted. (Ord. 90-3 § 1 (part), 1990). (Newport Beach 4-90) 468-32b MARINERS' MILE -SP DISTRICT 20.62.030 20.62.030 General Controls. A. LAND USE DESIGNATIONS. The following land use designations are established: I. Recreational and Marine Commercial, RMC District. 2. Retail and Service Commercial, RSC District. The designations, locations, and boundaries of these uses are delineated upon the map entitled "Mariners' Mile -Specific Plan District, City of New- port Beach," which plan map and all information and notations thereon are hereby made a part of this section by reference. B. APPLICABILITY. The provision of this section shall apply to all property in the Mariners' Mile Specific Plan District. I. CONSTRUCTION OF BUILDINGS REGULATED. No building, structure or sign shall be erected, reconstructed or structurally altered in any manner nor shall any building or land be used for any purpose, other than as permitted by, and in conformance with this Plan and all other ordinances, laws, and maps referred to therein. Where other sections of the Municipal Code conflict with any provision of this Plan, the provisions of this Specific Plan shall take precedence. 2. PARKING SPACES. Off-street parking spaces shall be provided as set forth in Chapter 20.30.035 of the Municipal Code, however, off-street parking for all floor area/building bulk of any structure subject to the setback require- ments of Section 20.62.050(C)(l) that exceeds 0.5 times the buildable area of the site exclusive of all setbacks may be waived by the Planning Commission, or City Council on appeal, upon a finding there will be no adverse impact on parking in the area and the provision of the additional parking on site would create a hardship. 3. LANDSCAPING. A minimum of ten percent-(-10%} of the-paved --··· parking area and a minimum of fifty percent (50%) of the area of the required setback from Coast Highway, shall be devoted to planting areas. Extensive use of trees is encouraged. All required planting areas shall have a minimum width of three feet, and shall be provided with a permanently installed irrigation system. 4. SITE PLAN REVIEW. Site Plan Review shall be required for develop- ment as set forth in Section 20.62.060 of this Chapter. 5. FLOOR AREA LIMIT AND BUILDING BULK LIMIT. Except as otherwise provided in this subsection, the gross floor area and building bulk limits specified in Chapter 20.07 shall apply to all structures. For purposes of this Chapter, the required setback specified in Section 20.62.050(C) shall be included in the calculation of buildable area for purposes of determining gross floor area and building bulk limits. The setback shall be included in gross floor area and building bulk calculations even if some or all of the setback, or any interest therein, has been dedicated to the City. Variances to exceed the base floor area ratio limits of Chapter 20.07 may be approved pursuant to Section 20.82.020(d). 6. SITE AREA. The Building Site Area required shall be a minimum of 10,000 square feet. Minimum building site frontage required shall be fifty feet. 468-32c (Newport Beach 8·94) 20.62.040 PLANNING AND ZONING 7. INCREASE AND INTENSIFICATION OF NONCONFORMING RESIDENTIAL STRUCTURES AND USES. Notwithstanding the provisions of Chapter 20.83 of this Title, minor additions to a nonconforming residential structure or use may be allowed, provided that such addition will not impact upon any public view through or over the site, and provided further that such addition will not extend beyond any existing balcony nor result in a greater number of dwelling units within the project. (Ord. 94-28 § 1, 1994; Ord. 93-24 § 1, 1993; Ord. 92-1 § 1, 1992: Ord. 90-16 § 2 (part), 1990; Ord. 90-3 § 1 (part), 1990). 20.62.040 Recreational and Marine Commercial -RMC District (Bayward side of Coast Highway). It is the intent of this designation to establish a priority system to guide development on building sites on the bay by encouraging a continuation of marine oriented and visitor-serving uses, maintaining the marine theme and character of the area, and encourage public physical and visual access to the bay. A. PERMITTED USES. 1. Incentive Uses: Highest priority uses such as marinas, yacht brokers, boat charters and rentals, marine construction, boat sales, boat repair and servicing, sports fishing establishments, dry-boat storage, boat launching, commercial fishing facilities, and retail marine sales, that when they occupy at least forty percent (40%) of a site, as defined herein, may be combined with uses under B.3. 2. Non-incentive Permitted Uses: Marine related offices where services are offered to the general public, such as marine surveyors and marine insur- ance brokers; specialty food uses in accordance with Chapter 20. 72; and retail uses. 3. Signs in accordance with Chapter 20.06. B. USES WHICH REQUIRE A USE PERMIT. 1. Incentive Uses: Highest priority uses such as marine related manufac- turing, new boat construction, yacht clubs, marine service stations and gas docks, marine related private instructional facilities, and marine related muse- ums that when they occupy at least 40% of a site, as defined herein, may be combined with uses under B.3. 2. Non-incentive uses such as social clubs, service clubs, wedding chapels, commercial recreation, hotels, motels, and "bed and breakfasts," restaurants (outdoor, drive-in and take-out), and bakeries. 3. Uses which must be in conjunction with an Incentive Use occupying at least 40% of the site such as personal service commercial uses, professional and business offices, financial institutions, light manufacturing (unless for marine products), health clubs/aerobics studios, art studios, dance studios, interior decorating studios, music/art schools, photographic studios, private instructional facilities (unless marine related), arcades, commercial recreational facilities, barbers, beauty parlors, nail salons, cleaners and laundries, pet shops, copy service and handicraft establishments. (Newport Beach 8-94) 468-32d MARINERS' MILE -SP DISTRICT 20.62.040 C. SITE AREA. For purposes of determining compliance with this Section (developments with uses listed in B.3 above}, "site" shall be defined as the total land area within the established property line of a parcel, including any portion under water. Forty percent ( 40%) of this total area shall be devoted to an incentive use as defined herein. For any permitted use bayward of the bulkhead, such as boat slips or marine gas docks, any land used for required parking for such use shall be included in the calculation of incentive uses to determine compliance with this Section. Any land area devoted to coastal related or coastal dependent uses such as marine ways, boat yard work areas and boat display areas in conjunction with a yacht sales business shall be included in the calculation of incentive uses to determine compliance with this Section. Any land area devoted to support a use in the water as described above shall also be included in the calculation to determine the total amount of development permitted on the site as set forth in Section 20.62.030F. 468-32d.l (Newport Beach 8-94) MARINERS' MILE -SP DISTRICT 20.62.040 D. MIXED-USE DEVELOPMENTS. Where a mixed-use development (including uses listed in B.3 above) is proposed with any combination of uses permitted in Sections A. and B. above, the area devoted to nonincentive uses shall be subtracted from the total area of the development. Forty percent (40%) of the balance of the total development shall be devoted to an incentive use as defined herein. E. HEIGHT LIMIT. The height limit for all buildings and other structures on a building site within the RMC District shall be 26 feet. However, this height limit may be exceeded, up to a maximum of 35 feet with a use permit, providing that the Planning Commission, in granting such a use permit, finds that all of the following criteria are met: I. The development will provide for both public physical and visual access to the bay within the limits that public safety is insured and private property protected. 2. The inereased building height would result in increased public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. 3. The increased building height would result in a more desirable architec- tural treatment of the building and a stronger and more appealing visual charac- ter 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 develop- ments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. 5. The increase in height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030. F. SETBACK REQUIREMENTS. 1. No side yard building setback shall be required, except as may be required by the Planning Commission, or the City Council on appeal or review, in granting a use permit or site plan review approval. 2. A ten (IO) foot minimum setback shall be required from the bulkhead line. This setback shall provide for the minimum public access required herein along the bulkhead. Additional building setbacks may be required by the Planning Commission, or the City Council on appeal or review, in granting a use permit or site plan review approval. 3. A minimum of 50 percent of any lot frontage abutting Coast Highway shall provide a building setback of not less than IO 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. Within this required setback area, no structure or other intrusions shall be permitted, except for landscaping, decks, paving, architectural features or signs. 468-32e (Newport Beach 9-9 l) 20.62.050 PLANNING AND ZONING G. PUBLIC ACCESS TO BAY FRONT. In approving a Site Plan Review or granting a use pennit for development on a building site with frontage along the bay, the Planning Commission or City Council, upon review or appeal, shall require the dedication of vertical (between Coast Highway and the Bay) and lateral (along the Bay) public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. The following standards shall be applied to all lateral and vertical public access easements: 1. Public access easements shall be a minimum of ten ( 10) feet in width. 2. Public access easements may be provided within required setback areas and view corridors. 3. All dedicated public access easements shall be recorded with the Orange County Recorders Office in a manner satisfactory to the Public Works Department. H. BULKHEAD. All bulkheads shall be constructed to an elevation of nine feet above mean low water level (6.27 feet above mean sea level). I. FLOOR ELEVATION. Finished floor elevation for all new structures or addition to an existing structure(s) other than floor area used for parking, shall be nine feet above mean low water level (6.27 feet above mean sea level). (Ord. 91-25 § 2, 1991; Ord. 90-31 § 1(part),1990; Ord. 90-3 § 1 (part), 1990). 20.62.050' Retail and Service Commercial -RSC District (Inland ( side of Coast Highway). It is the intent of this designation to encourage the '" . continuation of "marine-oriented" uses and the "marine" theme or character of the area; to encourage mutually supportive businesses, a continuity of shopping and pedestrian orientation, and to prohibit uses which would interrupt this continuity; and to minimize the number of curb cuts on Coast Highway. A. USES PERMITTED. . 1. Retail sales, specialty food uses in accordance with Chapter 20. 72, yacht brokers, boat sales, marine supply sales, boat repair and servicing, offices for personal and professional services which are offered to the general public, art studios, interior decorating studios, photographic studios, barbers, beauty parlors, copy service, handicraft establishments, and other uses which, in the opinion of the Planning Commission, are of a similar nature. The decision of the Planning Commission may be appealed to the City Council. 2. Signs in accordance with Chapter 20.06. B. USES REQUIRING USE PERMIT. The following uses shall be pennitted upon the granting of a use pennit by the Planning Commission: 1. Manufacturing of marine products, boat construction, animal hospitals, auto sales and repair shops, gasoline service stations, cleaning establishments, laundries, launderettes, outdoor markets, restaurants, outdoor restaurants, drive- in and take-out restaurants, drive-in facilities, outdoor sales establishments, pet shops, public garages, theaters, commercial recreation, hotels and motels, used car sales lots, nail salons, :.vedding chapels, health club/aerobics studios, dance studios, music/art schools, private instructional facilities, arcades, day care 468-32f MARINERS' MILE -SP DISTRICT 20.62.050 facilities, social/service clubs, churches, museums, marine related museums, federal post offices and other uses which, in the opinion of the Planning Com- mission are of a similar nature. 2. Office uses that do not provide direct services to the public and which are not ancillary to another permitted use. However, this type of office use shall not be permitted to occupy any first floor space in any structure. C. SETBACK REQUIREMENTS. 1. A 12 foot wide setback along the northerly side of Coast Highway shall be maintained for potential future highway widening to an ultimate width of 112 feet. 2. A minimum of fifty percent (50%) of any lot frontage abutting Coast Highway shall provide a building setback of not less than 10 feet from the above 12 foot setback line while the remaining fifty percent (50%) of the lot frontage shall provide a setback not less than 5 feet from the above 12 foot setback. Within this setback area, no structure or other intrusions shall be permitted except for landscaping, decks, paving, architectural features and signs. 3. In any case where a lot abuts upon the side or rear yard of a lot in a residential district, a minimum setback of 5 feet shall be provided from said residential district. Within this setback area, no structure or other intrusions shall be permitted except for landscaping, decks, paving, architectural features and signs. D. HEIGHT LIMIT. The maximum height limit for all buildings and other structures on a building site shall be 26 feet. However, this height limit may be exceeded, up to a maximum of 35 feet, with a use permit providing that the Planning Commission, in granting such use permit, finds that all the following criteria are met: 1. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and on the treatment of all set- back and open areas. 2. The increased building height would result in a more desirable architec- tural treatment of the building and a stronger and more appealing visual charac- ter of the area, within a general theme of the marine environment. 3. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing develop- ments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. 4. The increased height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030. E. DEDICATION. No dedication of right-of-way along the north side of Coast Highway shall be required pursuant to Chapter 13.05, or as a condition to any parcel map or use permit, for any project that strictly complies with the setback requirements in subsection 20.62.050(C) unless all of the following conditions have been satisfied: 468-32g (Newport Beach 12-93) 20.62.060 PLANNING AND ZONING 1. The proposed project contributes to the need to widen Pacific Coast Highway to Master Plan standards; and 2. The project would generate more than 300 average daily trips; and 3. The proposed project exceeds 25,000 square feet of additional gross floor area (assumes a base FAR use -minimum and maximum FAR uses shall be adjusted accordingly). No additional dedication shall be required for any parcel which, as of the effective date of this Ordinance, has dedicated all or a portion of the setback, or any interst therein, to the City for road widening purposes. Nothing in this subsection shall affect the duty of a property owner to dedicate land and/or construct circulation system improvements pursuant to the provisions of the Traffic Phasing Ordinance (Chapter 15.40 of the Newport Beach Municipal Code), or to pay fees required by the Fair Share Traffic Contribution Ordinance (Chapter 15.38 of the Municipal Code). (Ord. 93-24 § 2, 1993; Ord. 91-25 § 3, 1991; Ord. 90-31 § 1 (part), 1990; Ord. 90-3 § 1 (part), 1990). 20.62.060 Site Plan Review. A. GENERALLY. The City Council finds, determines and declares that the establishment of the Site Plan Review proce- dures contained in this section are necessary to preserve and promote the health, safety, and general welfare of the community by achieving the following purposes. I. To assure that development of properties in Specific Area Plan areas / will not preclude attainment of the General Plan and Specific Area Plan ( .. objectives and policies. " . 2. To protect and preserve the value of properties and to encourage high quality development thereof in Mariners' Mile where adverse effects could result from inadequate and poorly planned landscaping and from failure to preserve where feasible natural landscape features, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. 3. To ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within Specific Area Plan area shall be protected by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. 4. To promote the maintenance of superior site location characteristics adjoining Coast Highway, a thoroughfare of city wide importance; to ensure that the community benefits from the natural terrain, harbor and ocean; and to preserve and stabilize the grounds adjoining said thoroughfare, and to preserve and protect the property values in said areas. B. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a building permit in accordance with the provisions of Section 20.01.070, except that this approval shall only be required for any new building to be constructed, or existing building to be reconstructed or remodeled to (Newport Beach 12~93) 468-32h MARINERS' MILE -SP DISTRICT 20.62.070 increase the gross floor area by fifty percent (50%) or 2,500 square feet whichever is less. (Ord. 90-3 § l (part), 1990). 20.62.070 Definitions. For the purpose of this chapter, certain tenns used herein shall have meanings assigned to them by this subsection. All definitions described in Section 20.87 of the Municipal Code shall prevail except where there is a conflict with this Specific Plan District, in which case the following shall take precedence. A. COMMERCIAL RECREATION. A commercial use designed primarily for activities, in or out of doors, which are generally associated with leisure time activities, examples include: tennis courts, racquetball, swimming clubs, and other uses of a similar nature. B. PERSONAL/PROFESSIONAL SERVICES. An office or store, provid- ing services directly to the general public, including, but not limited to, archi- tects, attorneys, brokers, barbers, photographers and artists. C. GRADE. For the purpose of measuring height, the grade shall be natural grade, or nine feet above mean low water level (6.27 feet above mean sea level), whichever is higher. (Ord. 90-3 § l (part), 1990). 468-32h.l (Newport Beach 12~93) SPECIFIC PLAN DISTRICT 20.63.010-20.63.015 Chapter 20.63 SPECIFIC PLAN DISTRICT (CANNERY VILLAGE/McFADDEN SQUARE) Sections: 20.63.010 20.63.015 20.63.020 20.63.025 20.63.030 20.63.035 20.63.040 20.63.045 20.63.050 20.63.055 20.63.060 Establishment of Specific Plan District- Cannery Village/McFadden Square. Purpose and Intent. General Controls. Design and Development Guidelines. Specialty Retail. SR District. Recreational and Marine Commercial, RMC District. Retail and SeIVice Commercial-RSC District. Commercial District Development Standards. Residential Districts, R-2, R-3, and R-4. Residential District Development Standards. Public Improvement Component. 20.63.010 Establishment of Specific Plan District -Cannery Village/ McFadden Square. The provisions of this Specific Area Plan shall apply to all parcels within the boundaries of the Cannery Village/McFadden Square Specific Area Plan area, as shown on the Land Use Plan Map incorporated in the ordinance codified in this Chapter, and as shown on Districting Maps No. 3, 8, and 9, as referred to in Section 20.01.050 of the Newport Beach Municipal Code. (Ord. 86-7 § 3 (part), 1986). 20.63.01 S Purpose and Intent. The purpose of this Specific Area Plan is to establish policies to guide the orderly development and improvements of the Cannery Village/McFadden Square Area Development Standards are included in this Specific Plan to set minimum standards for public and private improvements. It is the intent of this Specific Area Plan to ensure consistency between the stated goals and policies of the Land Use Element of the General Pian 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 in the ordinance codified in this Chapter, and the accompanying design guidelines and development standards provide for the orderly development of property within the Cannery Village/McFadden Square area, consistent with the stated goals, policies and objectives of the City's General Pian 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. It is the intent of this designation to encourage a continuation of marine-oriented uses, maintain the marine theme and character of the area, and encourage public physical and visual access to the bay. The marine-oriented and coastal-dependent uses on the bayfront are 468-32i (Newport Beach 4M90) SPECIFIC PLAN DISTRICT 20.63.020 encouraged by establishing a system of incentives to property owners to maintain these uses. The cannery Village area is intended to seive as an active pedestrian-oriented specialty retail area with a wide range of visitor-seiving, 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 seived by a central public parldng 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 Seivice Commercial (RSC) District. This area is intended to provide for retail sales, personal and professional uses that offer direct seivices 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 seivices 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 Seivice Commercial" uses. This will provide for a broad range of coastal-related and visitor-seiving commercial uses, and when the recommended public improvements are implemented, encourage higher quality uses which will seive to upgrade 1he area. All property designated for residential use shall be preseived as such. (Ord. 86-7 § 3 (part), 1986). 20.63.020 General Controls. A. APPLICABILITY. The provisions of this section shall apply to all property in the Cannery Village/McFadden Square Specific Plan District. I. 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, o1her 1han as permitted by, and in conformance wi1h this Plan and all o1her ordinances, laws and maps referred to herein. Where other sections of 1he Municipal Code conflict wi1h any provision of this Plan, 1he provisions of this Specific Plan shall take precedence. 2. NONCONFORMING USES AND STRUCTURES. Nonconforming uses and structures shall be governed by 1he provisions of Chapter 20.83. B. LAND USE DESIGNATIONS. The following land use designations are established: I. Specialty Retail, SR District. 2. Recreational and Marine Commercial, RMC District. 468-32k (Newport Beach 5-91) 20.63.025 PLANNING AND ZONING 3. Retail and Service Commercial, RSC District. 4. Residential Districts: R-1, R-2, MFR Districts. The designations, locations and boundaries of these uses are delineated upon the map entitled "Cannery Village/McFadden Square Specific Plan District, Land Use Plan Map", which map and all information and notations thereon are made a part of this section by reference. (Ord. 90-24 § 3 (Exhibit C) (part), 1990; Ord. 90-22 § 4, 1990; Ord. 86-7 § 3 (part), 1986). 20.63.025 Design and Development Guidelines. These design and develop- ment 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 Pennit for developments on the water. The objectives of the design guidelines are to improve the image of the Specific Plan area and to establish a clear identity for the two key destination areas -Cannery Village and McFadden Square. A. Cannery Village Theme. A cannery theme is recommended for the Cannery Village area. The cannery theme is reminiscent of the previous use of the area, and can provide a continuity throughout the area while preserving the variety and individuality of uses that give the area its charm. The cannery theme should be expanded to include other nautical and marine elements as appropriate. Elements of a cannery theme that may be applied to structures include: 1. Use of corrugated metal shed-type buildings or siding where appropriate, with a higher level of finish than would normally be associated with such struc- tures. 2. Attractive expression of mechanical equipment and systems by incorporation into the design of structures within the height limit. 3. Use of nautical devices in signs, architectural details and decoration, such as heavy rope, pilings, timbers, brass fixtures, etc. B. McFadden Square Theme. The McFadden Square area has an entirely different feel than the Cannery Village area. Here, historic 2-story (Newport Beach 5-91) 468-321 SPECIFIC PLAN DISTRICT 20.63.030 architecture predominates. This historic theme should be encouraged and enhanced by recreating the image of a turn-of-the-century resort center follow- ing the lead of the Doryman's Inn. Elements of "tum-of-the-century" architec- ture include: 1. Use of materials reflecting an image of permanence, stability and strength, and quality. Materials such as ceramic tile, stone, brick and brass fit this image. 2. 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 orna- ment. (Ord. 86-7 § 3 (part), 1986). 20.63.030 Specialty Retail, SR District. It is the intent of this section to establish a strong specialty retail core for the Cannery Village area by encour- aging mutually supportive businesses, establishing a continuity of shopping and pedestrian orientation, and to provide a high level of pedestrian interest, comfort and amenity. A. PERMITTED USES. The following uses are permitted in the SR district: 1. Retail sales generally oriented to the casual pedestrian shopper such as antiques, art galleries, art studios, books, clothing, crafts, hobbies, jewelry, stationery, specialty food uses in accordance with Section 20.72.015, interior decorating studios, handicraft establishments and similar establishments. 2. Personal service establishments such as barber shops, beauty parlors, shoe repair, tailor shops, and similar establishments. 3. Professional and business offices providing direct services to the public, such as accountants, architects, attorneys, and realtors. 4. Professional and business offices not providing direct services to the public or not ancillary to an otherwise permitted use, such as corporate offices shall be permitted on the second floor only. 5. Residential uses on the second floor or above, where the ground floor is occupied by a permitted use. B. USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: Restaurants: outdoor, take-out, and drive-in facilities; bakeries; social clubs; hotels, motels, and "bed and breakfasts," music/art schools, private instructional facilities, nail salons, wedding chapels, museums, marine related museums, pet shops, animal hospitals and animal grooming facilities. C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07, Floor Area Ratios and Building Bulk. (Ord. 93-20 § 1, 1993: Amended during 9-92 supplement; Ord. 90-25 § 4, 1991; Ord. 90-40 § I, 1990; Ord. 90-31 § 1 (part), 1990; Ord. 89-35 § 3 (part), 1989; Ord. 89-19 § 3 (part), 1989; Ord. 86-7 § 3 (part), 1986). 468-32m (Newport Beacll 10-93) 20.63.035 PLANNING AND ZONING 20.63.035 Recreational and Marine Commercial, RMC District. It is the intent of this designation to establish a priority system to guide development on building sites on the bay by encouraging a continuation of marine oriented uses, maintaining the marine theme and character of the area, and encourage public physical and visual access to the bay. A. SITE PLAN REVIEW REQUIRED. Unless otherwise specified herein, all development in the Recreational and Marine Commercial District shall be subject to Site Plan Review as set forth in Section 20.01.070 of the Municipal Code. B. PERMITTED USES. I. Incentive Uses: Highest priority uses such as marinas, yacht brokers, boat charters and rentals, marine construction, boat sales, boat repair and servicing, sports fishing establishments, dry-boat storage, boat launching, commercial fishing facilities, and retail marine sales, that when they occupy at least forty percent (40%) of a site, as defined herein, may be combined with uses under C.3. 2. Non-incentive Permitted Uses: Marine related offices where services are offered to the general public, such as marine surveyors and marine insur- ance brokers; retail uses; residential uses on the second floor or above, where the ground floor is occupied by a permitted use and specialty food uses in accordance with Section 20.72.015. C. USES WHICH REQUIRE A USE PERMIT. I. Incentive Uses: Highest priority uses such as marine related manufac- turing, new boat construction, yacht clubs, marine service stations, gas docks, marine related private instructional facilities, federal post offices, and marine related museums that when they occupy at least 40% of a site, as defined herein, may be combined with uses under C.3. 2. Non-incentive uses such as social clubs, service clubs, wedding chapels, federal post offices, commercial recreation, hotels, motels, and "bed and breakfasts," restaurants (outdoor, drive-in and take-out), and bakeries. 3. Uses which must be in conjunction with an Incentive Use occupying at least 40% of the site such as personal service commercial uses, professional and business offices, financial institutions and light manufacturing (unless for marine products), art studios, dance studios, interior decorating studios, mu- sic/art schools, photographic studios, private instructional facilities (unless marine related), arcades, nail salons, commercial recreational facilities, cleaners and laundries, copy service, handicraft establishments, pet shops, animal hospitals, and animal grooming facilities. D. SITE AREA. For purposes of determining compliance with this Section, "site" shall be defined as the total land area within the established property lines of a parcel, including any portion under water. Forty percent ( 40%) of this total area shall be occupied by an incentive use as defined herein. For those permitted uses such as boat slips located between the U.S. Bulkhead Line and the U.S. Pierhead Line, any area on the site supporting the permitted (Newport. Beach 10-93) 468-32n SPECIFIC PLAN DISTRICT 20.63.040 uses, such as parking devoted exclusively to the boat slips, shall be included in the calculation of incentive uses to determine compliance with this Section. E. MIXED-USE DEVELOPMENTS. Where a mixed-use development is proposed with any combination of uses permitted in Sections B. and C. above, the area devoted to these non-incentive permitted uses shall be subtract- ed from the total area of the development. Forty percent ( 40%) of the balance of the total development shall be devoted to an incentive use as defined herein. F. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07, Floor Area Ratios and Building Bulk. (Ord. 93-20 § 2, 1993: Amended during 9-92 supplement; Ord. 91-25 § 5, 1991: Ord. 90-31 § I (part), 1990; Ord. 89-35 § 3 (part), 1989; Ord. 89-32 § 1, 1989; Ord. 89-19 § 3 (part), 1989: Ord. 86-7 § 3 (part), 1986). 20.63.040 Retail and Service Commercial-RSC District. It is the intent of this section to provide for retail sales, personal service, commercial, and professional uses that offer direct services to the public, and light marine industrial uses. A. USES PERMITTED. I. Retail sales, specialty food uses in accordance with Section 20.72.015, and personal service establishments within a building including accountants, architects, banks, barber shops, bookstores, realtors, travel agencies, art studios, interior decorating studios, photographic studios, copy service, and handicraft establishments, and those uses permitted in Section 20.63.030, Specialty Retail District and Section 20.63.035, Recreational and Marine Commercial District. 2. Residential uses on the second floor or above, where the ground floor is occupied by a permitted use. 3. Professional and business offices not providing direct services to the public or not ancillary to an otherwise permitted use, such as corporate offices shall be permitted on the second floor only. 4. Marine industrial uses or light manufacturing of marine related prod- ucts. B. USES REQUIRING A USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: Restaurants: outdoor, take-out, and drive-in facilities; bakeries; hotels, motels, "bed and breakfasts," health clubs/aerobic studios, music/art schools, dance studios, private instructional facilities, arcades, commercial recreational facilities, nail salons, wedding chapels, cleaners and laundries, day care facilities, laundromats, service/social club, marine industrial, marine manufacturing, churches, muse- ums, marine related museums, federal post offices, pet shops, animal hospitals, and animal grooming facilities. C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07, Floor Area Ratios and Building Bulk. (Ord. 93-20 § 3, 1993: Amended during 9-92 supplement; Ord. 91-25 § 6, 1991: Ord. 90-31 §I (part), 468-320 (Newport Beach 10-93} 20.63.045 PLANNING AND ZONING 1990; Ord. 89-35 § 3 (part), 1989; Ord. 89-19 § 3 (part), 1989; Ord. 86-7 § 3 (part), 1986). 20.63.045 Commercial District Development Standards. The following standards shall apply to all properties and developments in the SR, RMC and RSC Districts as set forth herein: A. OFF-STREET PARKING REQUIRED. Off-street parking shall be provided on the building site according to the following schedule, or with City Council approval upon recommendation of the Planning Commission, approval of an off-site parking agreement or by the payment of an in-lieu fee as provided in Section 20.63.045 C. (1) Retail Stores and Commercial Uses: One parking space for each 250 square feet of gross floor area. (2) Office Uses: One parking space for each 250 square feet of net floor area. (3) Industrial Uses: One parking space for each 2,000 square feet of gross floor area and one loading space for each 10,000 square feet of gross floor area. (4) Restaurants: One space for each 40 square feet of net public area. Based on the following considerations, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range of one space for a restaurant within the range of one space for each 30 to 50 square feet of net public area: · I. The physical design characteristics of the restaurant. ( (a) The portion of net public area designated for dining, cocktails, or \., dancing. (b) The number of tables or seats, and their arrangement. (c) Other areas that should logically be excluded from one determination of net public area. (d) The parking lot design, including the use of small car spaces, tandem, and valet parking. (e) Availability of guest dock space for boats. II. The location of the restaurant. (a) In relation to other uses and the waterfront. (b) Availability of off-site parking nearby. (c) Amount of walk-in trade. (d) Parking problems in the area at times of peak demand. III. The operational characteristics of the restaurant. (a) Beer, wine, or full service bar. (b) The use of live entertainment. (c) The hours of operation. If during the review of the Use Permit, the Planning Commission uses any of the preceding considerations as a basis for raising or lowering a restaurant's parking requirement, the substance of such considerations shall become conditions of the Use Permit and a change to any of these conditions will require an amendment to the Use Permit. When an amendment to the Use Permit is required, the Planning Commission may increase or decrease parking requirements within the ranges noted above. (5) Hotels and Motels: One parking space for each guest unit. The Planning Commission may, based upon the operational characteristics of a hotel (Newport Beach 10-93) 468-32p SPECIFIC PLAN DISTRICT 20.63.045 B. OFF-STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off- street parking on a separate lot from the commercial or industrial building site or sites unless: (1) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the sur- rounding area. (3) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in a fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off- street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instru- ments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. (5) The provisions of this subsection shall not apply to residential uses. C. COMMERCIAL IN-LIEU PARKING FEES. The Planning Com- mission or City Council upon review or appeal, may approve a use permit for a retail, commercial, or industrial use with all or a portion of its required off- street parking in a municipal parking facility. The fee for each parking space shall be established by resolution of the City Council. Said municipal parking facility shall have adequate capacity to serve the new use, and must be located within reason-able proximity to the commercial business as to be useful to said business. The provisions of this subsection shall not apply to residential uses. D. RESIDENTIAL USES IN NON-RESIDENTIAL DISTRICTS. In non-waterfront 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 Parcel 2 and portions of Parcels 1 and 3 of Record of Survey No. 35- 25 and Lots E, F, G, and Hof Parcel Map No. 32-41 as filed with the Orange County Recorder. The following standards apply to second floor residential units above commercial or retail uses: I. A minimum of 2,375 square feet of land area is required for each dwelling unit. 468-32q (Newport Beach 9-92) 20.63.045 PLANNING AND ZONING 2. The total gross floor area and building bulk in all structures on any site shall be as specified in Chapter 20.07. 3. The commercial or retail portion shall be limited to a floor area ratio between 0.25 and 0.50. 4. The residential portion of the structure shall be limited to a maximum floor area ratio of .75. 5. Parking for the residential use shall be provided on-site with no excep- tions. F. BULKHEAD. All bulkheads shall be constructed to an elevation of nine feet above mean low water (6.27 feet above mean sea level). G. FLOOR ELEVATION. Finished floor elevation for all new structures or addition to existing structures other than floor area used for parking, shall be nine feet above mean low water level (6.27 feet above mean sea level). H. HEIGHT LIMIT. The height limit for all buildings and other structures on a building site within the SR, RMC and RSC districts shall be 26 feet. For structures constructed with the ground floor at or above nine feet above mean low water (6.27 feet above mean sea level), the height limit shall be the greater of 26 feet above the high water line or 26 feet above the site elevation. This height limit may be exceeded, up to a maximum height of 25 feet, with a use permit, provided that the Planning Commission, in granting such use permit, finds that all the following criteria are met: 1. The development will provide for both public physical and visual access to the bay within the limits that public safety is ensured and private property 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 architec- tural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine enviromnent. (Newport Beach 9-92) 468-32r SPECIFIC PLAN DISTRICT 20.63.045 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 structures including both horizontal and vertical dimensions. 5. The increase in height shall not result in floor area exceeding the floor area otherwise pennitted. The maximum height in all districts shall be measured in accordance with the definitions contained in Section 20.87 .205 of the Municipal Code. I. SETBACK REQUIREMENTS. 1. A front setback area of five feet shall be required for all commercial development on the following streets: a) Newport Boulevard (excluding those through lots on the Newport Boulevard "islands"). b) 32nd Street c) 31st Street d) 30th Street e) 29th Street f) Lafayette Avenue g) 23rd Street h) 22nd Street i) 21st Street j) 20th Street 2. Those through lots on the Newport Boulevard "islands" shall maintain a front setback of 2.5 feet on each frontage. 3. For commercial properties on West Ocean Front, no front setback shall be required 4. No side yard setback area shall be required on properties in non- residential districts except as may be required by the Planning Commission in approving a site plan review or in granting a use pennit, or as necessary to meet public access requirements. 5. Rear yard setback areas abutting an alley shall have a minimum width of ten feet 6. A minimum setback area of ten feet shall be maintained from the bulkhead line. 7. A rear yard setback area of ten feet shall be required on the second floor for residential uses in a mixed use development. I. SIGNS. The following standards shall apply to all signs within the Cannery Village/McFadden Square Specific Area Plan area: 1. Number. A maximum of three wall signs shall be permitted per build- ing; however, a multi-tenant building may have one wall sign per business plus one twenty-five (25) square foot building directory wall sign listing tenants. 468-32s (Newport Beach S-91) 20.63.045 PLANNING AND ZONING 2. Area. The area of a wall sign or wall signs on any frontage of a building shall not exceed two hundred (200) square feet nor forty percent ( 40%) of the exposed finished wall surface area, including openings. 3. Ground Signs. Ground signs or monument signs shall not exceed three feet in height and three feet in width and are pennitted within the required front yard setback area. Ground and monument signs are limited to two faces and may be illuminated. 4. Pole Signs. Pole signs shall not be pennitted except on building sites with over 100 feet of frontage. 5. Roof Signs. Roof signs shall not be pennitted. 6. Temporary Signs. a) Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty-four (24) square feet in area, or six (6) feet in height b) Duration. Temporary signs may remain in place for a period not exceeding sixty ( 60) days per calendar year. c) Number. One (1) per building or building site. 7. Exceptions. a) The Planning Commission shall have the authority to issue Exception Pennits from any of the provisions of this Section. b) In order to grant an Exception Pennit, the Commission must find that granting such pennit is necessary to protect a substantial property right, will not be contra!)' to the purpose of the Chapter as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborllood, or detrimental or injurious to property or improvements in the neighborllood, or the general welfare of the City. 8. Appeal. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may within twenty-one (21) days appeal in writing to the City Council. K. LANDSCAPING. A minimum of five percent (5%) of an exterior paved parking area and a minimum of fifty percent (50%) of the area of the required front yard setback shall be devoted to planting areas. L. PUMP-OUT FACILITIES REQUIRED. On waterfront sites where the proposed use includes public marinas, yacht clubs, boat charters or rentals, sport fishing establishments, commercial fishing facilities, marine service stations, gas docks, boat launching facilities, or other similar uses, either public or private, boat holding tank pump-out facilities shall be provided in each case, unless otherwise approved by the Planning Commission or City Council on review or appeal of a Site Plan Review or Use Pennit. Said pump-out facilities shall have adequate capacity to accommodate all vessels anticipated at each site. Prior to the issuance of building pennits, the Marine Director shall approve all plans and specifications of pump-out facilities. (Newport Beach 5-91) 468-32t ( SPECIFIC PLAN DISTRICT 20.63.050-20.63.055 M. PUBLIC ACCESS TO BAY FRONT. In approving a Site Plan Review or granting a Use Pennlt for development on a building site with frontage along the bay, the Planning Commission or City Council, upon review or appeal, shall require the dedication of vertical and lateral public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. The following standards shall be applied to all lateral and vertical public access easements: (1) Public access easements shall be a minimum of six (6) feet in width. (2) Public access easements may be provided within required setback. (3) All dedicated public access easements shall be recorded with the Orange County Recorder's Office in a manner satisfactory to the Public Wmks Depart- ment. (Ord. 90-24 § 3 (Exhibit C) (part), 1990; Ord. 90-16 § 2 (part), 1990: Ord. 89-19 § 3 (part), 1989; Ord. 88-17 § 3, 1988: Ord. 86-7 § 3 (part), 1986). 20.63.050 Residential Districts, R-1, R-2, and MFR. The intent of this section is to preserve the existing residential districts within the Cannery Village/McFadden Square Specific Area Plan Area, and to maintain the develop- ment standards that have guided the orderly development of these districts. A. USES PERMITTED. I. R-1 District. One (1) single-family dwelling on a lot. 2. R-2 District. a) One (1) single-family dwelling on a lot. b) Two (2) detached single-family dwellings or one (1) duplex on a lot. 3. MFR District. a) Single-family dwellings and duplexes. b) Multiple unit dwellings. B. USES REQUIRING USE PERMIT. l. All Residential Districts: a) Parldng lots. b) Outdoor lighting. (Ord. 90-24 § 3 (Exhibit C) (part), 1990: Ord. 86-7 § 3 (part), 1986). 20.63.055 Residential District Development Standards. A. R-1 DISTRICT. Development in the SP-6 (R-1) District shall meet the development standards specified in Chapter 20.13 of this Title, except that: 1. A front setback area of five feet shall be required. 2. A minimum five foot rear yard setback area from the alley shall be maintained. B. R-2 DISTRICT. Development in the SP-6 (R-2) District shall meet the development standards specified in Chapter 20.15 of this Title, except that: 468-32u (Newport Beach 5-91) 20.63.060 PLANNING AND ZONING 1. A front yard setback area of five feet shall be required, and 2. A minimum five foot rear yard setback area from the alley shall be maintained. C. MFR DISTRICT. Development in the SP-6 (MFR) District shall meet the development standards specified in Chapter 20.19 of this Title, except that: 1. A front yard setback area of five feet shall be required. 2. A minimum five foot rear yard setback area from the alley shall be maintained. (Ord. 90-24 § 3 (Exhibit C) (part), 1990: Ord. 86-7 § 3 (part), 1986). 20.63.060 Public Improvement Component. The following are the public and private improvement projects for the Cannery Village and McFadden Square areas. Projects are listed by priority, with a general description of each project and proposed funding sources. The City's ability to fund its share of each project, where applicable, is based upon the allocation of limited financial resources throughout the City. Each year during the preparation of the City's annual budget, the City Council will detennine which projects or portion thereof are to be funded by the City, their costs, and specific schedule for implementation. For those projects using gas taxes or other sources of revenue for a portion of the funding, the specific projects to be funded must also be determined annually, based upon the availability of funds and demand from other projects throughout the City. Certain projects are to be funded in whole or in part, through the fonnation of Assessment Districts. Prior to implementing any project for which an Assessment District must be fonned 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 fonnation 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 Parldng Facility. This project includes the acquisition of land and construction of a parldng facility to serve approximately 165 cars in the core of the Cannery Village Area. It is proposed that approximately 66% of the funds for this project will come from the General Fund; 10% from the Off- Street Parking Fund; and 24% from an Assessment District. 2. Installation of Curbs, Gutters, and Sidewalks in Cannery Village. Approximately 1,200 feet of basic curb, gutter and sidewalk construction is needed where it was never provided in the Cannery Village area. Improvements are needed on various sections of Villa Way, 31st Street, 30th Street, 29th Street and 28th Street. Because this project will provide these facilities where none exist, (Newport Beach 5·91) 468-32v SPECIFIC PLAN DISTRICT 20.63.060 the entire cost will be paid through an Assessment District comprised of the benefitting property owners. 3. Restroom Relocation-McFadden Square. This project includes demoli- tion 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. Parldng Management Plan. A Parldng Management Plan shall be devel- oped that at a minimum includes significant increases in lieu fees and long-tellll parking fees during peak use periods; increased finds for parldng violations; and aggressive towing of illegally parked vehicles. There may be an initial cost associated with development of this parldng management plan which shall be borne by the City. However, this parldng management plan will ultimately result in a revenue source for the City. B. PRIORITY II: IMPLEMENTATION WITHIN TWO YEARS 1. Cannery Village Streetscape. Streetscape improvements include installa- tion 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 folllled 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 installations. This project shall be implemented within the existing city-owned right-of-way only. It is proposed that approximately 66% of the funds for this project will come from the General Fund; 25% from Gas Tax funds; and 9% from the folllla- tion 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 landmalk for the square landscaped and decorated with flags and banners, lights, etc. Funding for this project will come entirely from an Assessment District folllled 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 468-32w (Newport Beach 5-91) 20.63.060 PLANNING AND ZONING for this project will come entirely from an Assessment District formed for this purpose. S. McFadden Square Streetscapes. Streetscape improvements are recommended for 22nd Street and 23rd Street to improve the pedestrian environment and tie these streets into the overall image of the McFadden (Newport Beach 5-91) 468-32x SPECIFIC PLAN DISTRICT 20.63.060 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 fanned 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). Constmction on Phase I is anticipated to commence in 1988-89 with completion in two years. Phase II is scheduled for implementation at some time after the completion of Phase I. (See Item D-1). The restriping of Newport Boulevard between 30th Street and 32nd Street is suggested as either an interim program prior to the widening of this segment of Newport Boulevard. or as an alternative to the widening project. This project involves the restriping of Newport Boulev<;rd outbound between 30th Street and 32nd Street to provide a third outbound travel lane duling peak periods. This would require the re striping 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 Janes on either side of 32nd Street. Imple- mentation of this plan would result in the permanent loss of some on-street parking and the temporary Joss of others duling 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 Jane, except during peak summer periods when parking would be restricted. Implementation of this project should be concurrent with either the rcstriping of Newport Boulevard between 30th and 32nd Street or the widening of that section of the roadway. Funding for this project should come entirely from the City's General Fund. 8. Restlipe Newport Boulevard Between 19th Street and 26th Street. Should the realignment of the Newport Boulevard/Balboa Boulevard inter- section be detennined 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 prqject 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 468-32y (Newport Beach 10-86) 20.63.060 PLANNING AND ZONING television are recommended to improve the visual quality of the strectscape 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 111aintenance and repair progran1. 3. Reconstruct Sewers in Cannery Village. This project involves the repair of portions of the existing sewer system in Cannery Village in conjunc- tion with the repair of the streets in that area. This project will be funded entirely by the City's General Fund. D. PRIORITY IV: IMPLEMENTATION WITHIN FIVE TO TEN YEARS. 1. Widen Newport Boulevard Between 30th Street and 32nd Street. This is Phase 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% of the funding for this project will come from the City's General Fund; 33% from Gas Tax revenues; and 33% from A.H.F.P. funds. 2. Widen Villa Way. The widening of Villa Way includes the acquisition of one additional parcel along the west side of Villa Way from 3:?.nd 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 lnndscaping would be installed to provide a pleasant pedestrian environ- ment. 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 approxi- mately 25% of the funds for this project will come from the City's General Fund: 8% from the City's Off-Street Parking Fund; and 66% from an Assess- ment District fanned for this purpose. (Ord. 86-7 § 3 (part), 1986). (Newport Beach 10-86) 468-32z SPECIFIC PLAN DISTRICT 20.64.010-20.64.020 Chapter 20.64 SPECIFIC PLAN DISTRICT (SANTA ANA HEIGHTS) Sections: 20.64.010 20.64.015 20.64.020 20.64.025 20.64.030 20.64.035 20.64.040 20.64.045 20.64.050 20.64.055 20.64.060 20.64.065 20.64.070 Establishment of Specific Plan District-Santa Ana Heights. Purpose and Intent. General Controls. Landscape and Design Guidelines. Residential Districts. R-1 (8,000), R-1 (19,800). and R-1 (87,120). Business Park. BP District. Professional and Administrative Office, PA District. General Commercial, GC District. Open Space, OS District. Equestrian Overlay, EQ District. Commercial Stable Overlay, S District. Consolidation Overlay, C District. Public Improvements. 20.64.010 Establishment of Specific Plan District -Santa Ana Heights. The provisions of this Specific Area Plan shall apply to all parcels within the boundaries of the Santa Ana Heights Specific Plan area, as shown on the "Santa Ana Heights Specific Plan District Land Use Plan Map" (Exhibit 1) incorporated herein, and designated SP-7 on Districting Maps No. 34, 42, 61. and 67, as they are referred to in Section 20.01.050 of the Newport Beach Municipal Code. (Ord. 87-7 § 4 (part), 1987). 20.64.015 Purpose and Intent. The purpose of this Specific Plan is to establish policies to guide the orderly development and improvement of the Santa Ana Heights area. Development Standards are included in this Specific Plan to set minimum standards for public and private improvements. It is the intent of this Specific Plan to ensure consistency between the stated goals and policies of the Land Use Element of the General Plan and the development that occurs in the Specific Plan area. This will be achieved through the equitable application of the provisions of this plan. (Ord. 87-7 § 4 (part), 1987). 20.64.020 General Controls. A. APPLICABILITY. The provisions of this section shall apply to all property in the Santa Ana Heights Specific Plan District. I. 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 468-32z. l (Newport Bt'llCh 7-87) 20.64.025 PLANNING AND ZONING 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. PRIOR USE OF LAND. The lawful use of land existing at the effective date of this Plan (annexation), although such use does not con- form to the regulations herein specified for the district in which such land is located, may be continued. provided that no such use shall be enlarged or increased. nor be extended to occupy a greater area than that occupied by such use at the effective date of the Plan (annexation). unless in conjunction with the approval of a Use Permit. and that if any such nonconforming use ceases. the subsequent use of such land shall be in conformity to or with the regulations specified by this Title, for the district in which such land is located. 3. PRIOR USE OF BUILDINGS. The lawful use of buildings existing at the effective date of this Plan (annexation) may be continued. although such use does not conform to the regulations specified for the district in which such buildings are located. If such nonconforming use ceases for a period of six months, subsequent use of the building shall be in conformance with the provisions of this Specific Plan. 4. MAINTENANCE AND REPAIRS. Ordinary maintenance and repairs may be made to any nonconforming building, providing no structural alterations are made. Structural alterations to nonconforming buildings shall require. the approval of a modification to the Zoning Code as provided in Chapter j0.81. 5. The provisions of Chapter 20.10 -General Controls -Residential Districts apply except for the use provisions of Section 20.10.020. 6. The provisions of Chapter 20.30 -General Controls -Commercial Districts apply except for the use provisions of Section 20.30.020. B. LAND USE DESIGNATIONS. The following land use designations are established: I. Residential Districts: R-1 (8.000), R-1 (19,800), and R-1 (87,120). 1 Business Park: BP District. 3. Professional and Administrative Office: PA District. 4. General Commercial: GC District. 5. Open Space: OS District. 6. Equestrian Overlay: EQ District. 7. Commercial Stable Overlay: S District. 8. Consolidation Overlay: C District. The designations, locations and boundaries of these uses are delineated upon the map entitled "Santa Ana Heights Specific Plan District. Land Use Plan Map" (Exhibit 1 ), which map and all information and notations thereon are made a part of this section by reference. (Ord. 87-7 § 4 (part), 1987). 20.64.025 Landscape and Design Guidelines. These landscape and design guidelines are intended to provide criteria to assist property owners and (Nt!wport Bt!ach 7-87) 468-32z.2 ( \ / SPECIFIC PLAN DISTRICT 20.64.025 architects in designing developments within the Santa Ana Heights Specific Plan area. The objective of the landscape and design guidelines is to improve the image of the Specific Plan area and to establish a clear identity for Santa Ana Heights. A. LANDSCAPE DESIGN. Landscape design in the entire Santa Ana Heights Specific Plan area is a crucial element in achieving a distinctive de- velopment identity and in blending the new development with the existing character of the surrounding land uses. This character will be reinforced through coordinated design and selection of landscape and paving materials with emphasis on special features such as entryways and signage. The overall landscape and buffer plan for the specific plan area is illustrated in Exhibit 2. All screening and landscape plans shall be reviewed and approved by the Parks, Beaches and Recreation Department and the Public Works Depart- ment. Standards are specified herein for screening and landscaping. The City of Newport Beach Parks, Beaches and Recreation Department shall maintain a list of plants for use in the Santa Ana Heights Specific Plan area which shall also show their required size. This list shall be periodically reviewed and up- dated. if necessary, by the Parks, Beaches and Recreation Department. The plan list shall be available at the Planning Department. B. SANTA ANA HEIGHTS BUSINESS PARK DESIGN GUIDE- LINES. The new Business Park District is adjacent to a larger single-family residential area, therefore Business Park development, particularly that which is adjacent to the R-1 areas. should be of an architectural design that is not incompatible with single-family residential development. Special con- sideration should be given to design and building materials for structures adjacent to the residential area. It is intended that the careful use of building mass. structural form, construction materials, streetscape concepts. setbacks, buffers, and landscaping shall result in a unified and coordinated overall design theme in the Business Park area. All development features such as structure. design. exterior finish, glazing, paving materials and associated curbing. planters. walls. fences. signs, trash areas, lighting, and exterior furni- ture should blend harmoniously within each development. The following design guidelines are recommended for the Business Park District: I. The following exterior wall materials are desirable throughout the business park area. A combination of these materials is encouraged to soften and add architectural interest to building facades. a. Wood. b. Brick. c. Rock or quarry stone. d. Architecturally treated concrete, concrete masonry, and block. These materials are to be painted or integrally colored in tones ranging from whites to earth tones. e. Stucco. with a 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. 468-32z.3 (Newport Beach 7-87) 20.64.030-20.64.035 PLANNING AND ZONING 2. The use of glass should be subdued and in harmony with the building and the natural surroundings. Glazing should be used for the purpose of lighting interior space and not as a major architectural element. but may be used as an accent feature to add variety to building facades. 3. Long, uninterrupted exterior walls should be avoided on all build- ings. For architectural interest. walls should incorporate relief features and negative space to create an interesting blend with the landscaping, other buildings. and the casting of shadows. 4. Particular consideration as to color, material, and form should be given to the design and treatment of roofs, roof flashing, rain gutters. down- spouts, and vents because of their potential visual impact. (Ord. 87-7 § 4 (part), 1987) 20.64.030 Residential Districts, R-1 ( 8,000 ), R-1 (19,800), and R-1 (87,120). The intent of this section is to preserve the existing residential districts within the Santa Ana Heights Specific Plan area and establish de- velopment standards to guide the orderly development of these districts. The provisions of the R-1 District as set forth in Chapter 20.13, R-1 DISTRICT, are herein incorporated and the same shall be in full force and effect except for possible landscape requirements contained in Section 20.64.070 and Section 20.13.030 -SITE AREA AND LOT WIDTH. The required site area and Jot widths A through C shall be as follows: A. R-1 (8.000) SITE AREA AND LOT WIDTH. For each dwelling unit ( there shall be a minimum of 8,000 square feet of Jot area and a minimum lot \ width of 60 feet. In no case shall there be more than one single-family dwell- ing on any one building site. Any lot or parcel of land under one ownership and of record at the time of annexation may be used as a building site even when said lot contains less area or width than that required by the provision of this section. B. R-1 (19,800) SITE AREA AND LOT WIDTH. For each dwelling unit there shall be a minimum of 19,800 square feet of lot area and a minimum lot width of 66 feet. In no case shall there be more than one single-family dwelling on any one building site. Any lot or parcel of land under one ownership and of record at the time of annexation may be used as a building site even when said lot contains less area or width than that re- quired by the provision of this section. C. R-1 (87,120) SITE AREA AND LOT WIDTH. For each dwelling unit there shall be a minimum of 87, 120 square feet of lot area and a minimum lot width of 250 feet. In no case shall there be more than one single-family dwelling on any one building site. Any lot or parcel of land under one ownership and of record at the time of annexation may be used as a building site even when said lot contains less area or width than that required by the provision of this section. (Ord. 87-7 § 4 (part), 1987). 20.64.035 Business Park, BP District. It is the intent of this section to (N~wport Beach 7-87) 468-32z.4 SPECIFIC PLAN DISTRICT 20.64.035 provide for the development and maintenance of professional and adminis- trative offices and office-serving commercial uses. Attention shall be given to the protection of the adjacent residential uses through regulation of build- ing mass and height. landscape buffers, and architectural design features. A. PERMITTED USES. The following uses are permitted: 1. Professional and administrative offices. 2. Financial institutions. 3. Civic and government uses. 4. Office-serving commercial uses. 5. Medical centers, physical, medical and diagnostic laboratories. 6. Pharmacies for dispensing of drugs and medical supplies only when accessory to a medical building. 7. Any other similar use which the Planning Commission finds con- sistent with the purpose and intent of this district. B. USES REQUIRING USE PERMIT. The following uses shall be per- mitted subject to the securing of a use permit in each case: 1. Public/private utility buildings and structures. 2. Accessory sit down or take-out restaurants which shall be incidental to the permitted use on a site. 3. Parking other than at or below grade. 4. Recreational establishment. 5. Any other similar use which the Planning Commission finds con- sistent with the purpose and intent of this district. C. TEMPORARY STRUCTURES AND USES. Temporary structure and use regulations are as specified in Section 20.30.015 of General Controls -Commercial Districts. D. ACCESSORY USES PERMITTED. Accessory uses normally inci- dental to commercial developments, where such uses do not alter the character of the premises in respect to their uses for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. E. PROHIBITED USES. The following uses are specifically prohibited: 1. Retail sales other than office-serving. 2. Outdoor storage of any equipment, materials. apparatus or vehicles rated for use greater than one ( 1) ton. 3. Educational institutions. 4. Hosptials, convalescent hospitals, and nursing homes. 5. Residential uses. 6. Manufacturing uses. 7. Commercial day care facilities. 8. Hotels and motels. 9. Heliports and helistops. 1 0. Art studios. 11. Social halls. lodges, and clubs. 12. Photography studios. 468-32z.5 (Newport Beach 7-87) 20.64.035 PLANNING AND ZONING 13. Dance studios. 14. Churches. temples. and other places of worship. 15. Outdoor or drive-in restaurants. 16. Sit down and take-out restaurants that are not accessory to the per- mitted use on a site. F. SITE DEVELOPMENT STANDARDS. I. Building site area and lot width. Nineteen thousand and eight hun- dred (19,800) square feet required minimum lot area and a minimum lot width of 66 feet. Any lot or parcel of land under one ownership and of record at the time of annexation may be used as a building site even when said lot contains less area or width than that required by the provisions of this section. ~. Intensity of development. The total gross floor area contained in all buildings on a buildable site exclusive of areas devoted to parking shall not exceed 0.5 times the site area. 3. Building site coverage. Thirty-five (35) percent maximum. 4. Building height. Permissible building heights shall vary based on the distance between a structure and any property line abutting a residential dis- trict. Building height shall be limited as follows: Building Setback from Residential District 45 feet 7 5 feet Height Permitted 30 feet. including rooftop equip- ment and screening 35 feet. including rooftop equip- ment and screening In no case shall the height of any building, including rooftop equip- ment and screening, exceed 35 feet. 5. Mechanical Screening. All mechanical equipment shall be screened from view from all adjacent properties and streets. When provided on the roof, said screening shall be provided by containment within a roof well or by a roof structure. 6. Building setbacks. a. Front setback. Ten ( 10) feet minimum. b. Side or rear setback. Ten ( 10) feet minimum, except where the property line abuts a residential district. in which case a forty-five ( 45) foot setback shall be maintained. A ten ( 10) feet wide landscape buffer shall be provided adjacent to any property line abutting a residential district. 7. Off-street parking. As specified in Section 20.30.035, except only one (I) level of parking is permitted below any floor with office/commercial space. Parking shall be prohibited in the 10-foot front yard setback and any required 10-foot wide landscape buffer adjacent to any residential district. 8. Trash and storage areas. All storage of cartons, containers, and trash (Newport Beach 7-87) 468-3 '.:z. 6 ( SPECIFIC PLAN DISTRICT 20.64.035 shall be enclosed by a building or by a wall not less than six ( 6) feet in height. No such area shall be located within ten (I 0) feet of any property line abutting any residential district. If unroofed, no such area shall be located within forty ( 40) feet of any property line abutting any residential district. 9. Landscaping. A minimum landscaped area of fifteen (15) percent of the gross acreage of the building site shall be provided, to include the follow- ing: a. Boundary landscaping with a minimum depth of ten ( l 0) feet along all property lines abutting a public street. except for the area required for street openings. The ten-foot landscaped front setback shall be bermed at a 3: 1 slope and planted with the designated street tree, in one row. thirty feet on center. All street trees shall be a minimum 24-inch box size when installed. Later phases of 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 from the list of plants' for use in the Santa Ana Heights Specific Plan area. All shrubs shall be a minimum size of five gallons. b. Boundary landscaping with a minimum depth of three (3) feet along all property lines not abutting a public street, except property lines abutting any residential district where a minimum depth of ten ( 10) feet is required. c. Buffer. Along all property lines where business park uses abut resi- dential uses, a ten-foot wide landscape buffer shall be required in order to screen and soften views from existing residential uses to business park uses. The landscaping for the buffer areas shall be a dense planting of trees and shrubs incorporating both low and high vertical elements to screen views. In order to achieve the desired effect, these elements shall be combined with an eight-foot high opaque wall at the property line, except within the front set- back area where the wall height shall be no greater than three (3) feet (Exhibit 3). The planting shall consist of evergreen trees. shrubs and ground- cover from the list of plants for use in the Santa Ana Heights Specific Plan area. All trees shall be a minimum size of fifteen gallons and shrubs shall be a minimum size of five gallons. d. Parking area landscaping. Within parking areas, trees shall be pro- vided at a minimum ratio of one tree per four parking stalls. Planting islands shall be located not less than every eight parking stalls and on each side of entry drives. The planting area in the islands shall be a minimum of three feet wide and one foot less in length than the parking space it abuts (Exhibit 4). The planting islands adjacent to entry drives shall extend a minimum of 25' behind the street right-of-way line. Landscaping in parking areas is to be protected by a curb at least six inches in height. e. An approved permanent watering system shall be provided for all landscaped areas. 468-32z. 7 (Newport Beach 7-87) 20.64.035 PLANNING AND ZONING f. 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, replacement of plants when neces- sary, and the regular watering of all plantings. g. Landscaping shall be designed, installed, and maintained to conform to City sight distance standards, so as to provide safe stopping site distance for driveway ingress and egress. 1 0. Building design. All development shall be in conformance with the following design standards: a. On building facades abutting any residential district, no second and third story wall areas, balconies, stairways, stairway landings or other archi- tectural features shall be permitted to have openings or windows less than six feet above the f1oor level on which they are located. b. All glass facades, ref1ective or mirrored glass exteriors, and glass cur- tain walls are prohibited on all external exterior building facades. 11. Lighting. All lighting, exterior and interior, shall be designed and located so that direct rays are confined to the premises and must be certified accordingly by an electrical engineer. 12. Signs. The following signs shall be permitted subject to the noted restrictions: a. Ground sign: One ( 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 six (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 six (6) square feet in area per face and shall not have internal lighting. 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 location and sign structure shall be subject to the approval of the Traffic Engineer. b. Wall sign: l) One (I) identification sign placed on each wall facing a public street, relating only to the name and use of the building and comprising no more than ten (10) percent of the area of the wall (up to a maximum of forty ( 40) square feet), including windows and door areas. upon which the sign is located. Such signs shall not have internal lighting. 2) Additionally, in multiple tenancy office buildings, each individual tenant may have a wall sign over its entrance to identify only the name of the business. Each sign shall not exceed six (6) square feet in area. Such signs shall not have internal lighting and shall be made of a material compatible with the materials of the building. c. Building directory: One (I) building directory at each main entrance to the building. Such directory shall have letters not exceeding two (2) inches in height. containing only the name of the tenant, the suite or office number. and the nature of the use or service rendered. (Newport Beuch 7-87) 468-32z.8 / ~ / SPECIFIC PLAN DISTRICT 20.64.040 d. Real estate sign: One (1) unlighted sign not to exceed twelve (12) square feet in area, pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed. e. All signs located within structures where such signs are not visible from any point on the boundary of the building site. 13. A drainage plan shall be submitted to and approved by the Grading Engineer. (Ord. 87-7 § 4 (part), 1987). 20.64.040 Professional and Administrative Office, PA District. It is the intent of this section 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 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. A. PERMITTED USES. The following uses are permitted: 1. Professional and administrative offices. " Financial institutions. 3. Civic and government uses. 4. Medical centers, physical, medical, and diagnostic laboratories. 5. Pharmacies for dispensing of drugs and medical supplies only when accessory to a medical building. 6. Any other similar use which the Planning Commission finds con- sistent with the purpose and intent of this district. B. USES REQUIRING USE PERMIT. The following uses shall be per- mitted subject to the securing of a use permit in each case: I. Churches, temples, and other places of worship. " Public/private utility buildings and structures. 3. Parking other than at or below grade. 4. Recreational establishments. 5. Accessory sit down or take-out restaurants which shall be incidental to the permitted uses on a site. 6. Any other similar use which the Planning Commission finds con- sistent with the purpose and intent of this district. C. TEMPORARY STRUCTURES AND USES. Temporary structure and use regulations are specified in Section 20.30.015 of General Controls - Commercial Districts. D. ACCESSORY USES. Accessory uses normally incidental to the permitted uses, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or sub- sequent to the main building. E. PROHIBITED USES. The following uses are specifically prohibited: 1. Hotels and motels. ° Convalescent hospitals and nursing homes. 468-32z.9 (Newport Beach 7-87) 20.64.040 PLANNING AND ZONING 3. Heliports and helistops. 4. Art studios and galleries. 5. Social halls, lodges, and clubs. 6. Photography studios. 7. Retail sales other than office-serving. 8. Dance studios. 9. Outdoor or drive-in restaurants. 10. Sit down and take-out restaurants that are not accessory to the permitted use on a site. F. SITE DEVELOPMENT STANDARDS. 1. Building site area and lot width. Ten thousand ( 10,000) square foot minimum lot area and a minimum lot width of 75 feet. Any lot or parcel of land under one ownership and of record at the time of annexation may be used as a building site even when said lot contains less area or width than that required by the provisions of this section. 2. Intensity of development. The total gross tloor area contained in all buildings on a buildable site exclusive of areas devoted to parking shall not exceed 0.5 times the site area. 3. Building height. Thirty-five (35) feet maximum. 4. Building site coverage. Thirty-five (35) percent maximum. 5. Mechanical Screening. All mechanical equipment shall be screened from view from all adjacent properties and streets. When provided. on the roof. said screening shall be provided by containment with a roof well or by a roof structure. 6. Building setbacks. a. From the original center line of Bristol Street. 75 feet. b. From the ultimate street right-of-way line of all other streets. l 0 feet front, side, and rear. c. From an alley, 10 feet front, rear or side. d. From a property line abutting a residential district, l 0 feet and used as a buffer area. e. From a property line abutting all other districts, l 0 feet on one side and rear. 7. Off-street parking. a. Parking shall be provided as required by Section 20.30.035. b. Parking is prohibited in the required setback adjacent to a street or any required buffer area adjacent to a residential district. 8. Signs as specified in Chapter 20.06 -Sign Ordinance, except no tenant signs in multi-tenant buildings, roof signs, or projecting signs shall be permitted. 9. Lighting. All lighting, exterior and interior, shall be designed and located so as to confine direct rays to the premises and must be certified accordingly by an electrical engineer. l 0. Loading and unloading. All loading and unloading operations shall be performed on the site. (Newport Beach 7-87) 468-32z. l 0 SPECIFIC PLAN DISTRICT 20.64.045 11. Trash and storage area. All storage of cartons, containers. and trash shall be enclosed by a building or by a wall not less than six (6) feet in height. If unroofed. no such area shall be located within forty ( 40) feet of any residential district. 12. Screening. An opaque screen consisting of walls, solid fences and berms or a combination thereof shall be installed and maintained along all PA district boundaries abutting any residential district. Screening shall be a minimum of 6 feet in height. except where sight distances are of concern screening shall be no more than 3 feet, and masonry type walls shall be a minimum of four inches in thickness. No signs or sign supports except those required for parking information shall be permitted on any required screen- ing. 13. Landscaping. Landscaping, consisting of trees, shrubs. vines, ground cover or any combination thereof, shall be installed and maintained subject to the following standards: a. Boundary landscaping is required for a minimum depth equal to the required setback distance or ten (I 0) feet (whichever is less) along all prop- erty lines abutting any residential district or streets except for the area re- quired for street openings. b. Any landscaped area shall be separated from an adjacent parking or vehicular area by a wall or curb at least six (6) inches higher than the adjacent parking or vehicular area. c. An approved permanent watering system shall be provided for all landscaped areas. d. 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, replacement of plants when necessary, and the regular watering of all plantings. (Ord. 87-7 § 4 (part), 1987). 20.64.045 General Commercial, GC District. It is the intent of this sec- tion to provide regulations for the commercial areas along South Bristol Street 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 to reduce conflicts between commercial and residential uses. A. PERMITTED USES. The following uses shall be permitted: 1. Retail businesses and personal service establishments. ' Professional and administrative offices. 3. Financial institutions. 4. Wholesale business offices with samples on the premises but not to include general storage. 5. Civic and governmental uses. 6. Any other similar use which the Planning Commission finds con- sistent with the purpose and intent of this district. B. USES REQUIRING USE PERMIT. The following uses shall be per- mitted subject to the securing of a use permit in each case: 468-322. l l (Newport Beach 7-87) 20.64.045 PLANNING AND ZONING sales. 1. Automobile sales and leasing facilities. 0 Automobile service stations as specified in Chapter 20. 70. 3. Mini-storage facilities. 4. Convalescent homes. 5. Outdoor sales or outdoor storage of building materials for retail 6. Animal clinics, animal hospitals, and commercial kennels. 7. Parking other than at or below grade. 8. Hospitals. 9. Automobile. repair, washing, and detailing facilities. I 0. Mortuaries. 11. Sanitariums, mental and health. 12. Churches. temples, and other places of worship. 13. Recreation establishment. 14. Hotels and motels. 15. Public and private utility buildings and structures. 16. Restaurants, outdoor restaurants, and drive-in and take-out restaurants. 17. Dry cleaning establishments. 18. Theaters. 19. Any other similar use which the Planning Commission finds con- sistent with the purpose and intent of this district. C. TEMPORARY STRUCTURES AND USES. Temporary structure (.· and use regulations are specified in Section 20.30.015 of General Controls -'· Commercial Districts. D. ACCESSORY USES. Accessory uses normally incidental to com- mercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. E. PROHIBITED USES. The following uses are specifically prohibited: 1. Heliports and helistops. 2. Tire retreading, fender and body repair and paint shops. 3. Automobile wrecking, junk and salvage yards. 4. Rental and sales agencies for agricultural. industrial and construc- tion equipment. 5. Warehouses, contractors storage and equipment yards, work and fabricating areas. 6. Welding shops. F. SITE DEVELOPMENT STANDARDS. I. Site area and lot width. The required building site area shall be a minimum of I 0.000 square feet of lot area. The building site frontage shall be a minimum of 75 feet. Any lot or patcel of land under one ownership and of record at the time of annexation may be used as a building site even when said lot contains less area or width than that required by the provisions of this section. (Newport Beach 7-87) 468-32z.12 SPECIFIC PLAN DISTRICT 20.64.045 2. Intensity of development. The total gross floor area contained in all buildings on a buildable site exclusive of areas devoted to parking shall not exceed 0.5 times the site area. 3. Building height. Thirty-five (35) feet maximum. 4. Building setbacks. a. Front setback. From the original center line of Bristol Street, 75 feet. b. Side setback. No minimum required, except where a side property line abuts a residential district, in which case a minimum setback of ten (I 0) 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 ten (I 0) feet is reg uired. d. The ten ( 10) foot setback along property lines abutting any resi· dential district shall be a buffer area. No parking is permitted in this I 0 foot buffer area. e. A minimum setback of ten (I 0) feet is required adjacent to an alley. 5. Mechanical Screening. All mechanical equipment shall be screened from view from all adjacent properties and streets. When provided on the roof. said screening shall be provided by containment with a roof well or by a roof structure. 6. Vehicular access regulations. Street openings shall be a minimum of twenty-two (22) feet apart and twenty-two (22) feet from. any existing street openings, measured at the ultimate street right-of-way line. 7. Off-street parking. As specified in Section 20.30.035. 8. Signs. Signs as specified in Chapter 20.06. 9. Lighting. All lighting, exterior and interior. shall be designed and located so that direct rays are confined to the premises and must be certified accordingly by an electrical engineer. I 0. Loading and unloading. All loading and unloading operations shall be performed on the site, and loading areas shall be screened by a landscape or architectural feature. Loading shall be permitted in the rear alley setback. 11. Screening. An opaque screen consisting of walls, solid fences and berms or a combination thereof shall be installed and maintained along all PA district boundaries abutting any residential district. Screening shall be a minimum of 6 feet in height, except where sight distances are of concern screening shall be no more than 3 feet, and masonry type walls shall be a minimum of four inches in thickness. No signs or sign supports except those required for parking information shall be permitted on any required screen- ing. I 2. Landscaping. Landscaping, consisting of trees, shrubs, vines, ground cover or any combination thereof, shall be installed and maintained subject to the following standards: a. Boundary landscaping is required for a minimum depth equal to the required setback distance or ten (I 0) feet (whichever is less) along all 468-32z. l 3 (Newport Beach 7-87) 20.64.050-20.64.055 PLANNING AND ZONING property lines abutting any residential district or streets except for the area required for street openings. b. Any landscaped area shall be separated from an adjacent parking or vehicular area by a wall or curb at least six ( 6) inches higher than the adjacent parking or vehicular area. c. An approved perm anent watering system shall be provided for all landscaped areas. d. 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, replacement of plants when necessary, and the regular watering of all plantings. (Ord. 87-7 § 4 (part), 1987). 20.64.050 Open Space, OS District. It is the intent of this district to provide for open space uses as specified in Chapter 20.52 -Open Space District. (Ord. 87-7 § 4 (part), 1987). 20.64.055 Equestrian Overlay, EQ District. It is the intent of this sec- tion to provide for the limited keeping of specific animals for the recrea- tional enjoyment of persons residing on the same building site. Within the EQ District. most lots are relatively small lless than one-half acre), and narrow (66 feet wide) for the keeping of large animals. They are adjacent to existing tract housing, existing retail commercial uses and future business park development. Due to the unique size and configuration of these lots and their close proximity to more urban types of uses, protection of adjacent uses shall be provided through the use of a Recreation Horse Permit for the noncommercial keeping of horses and ponies in order to ensure com- patibility with surrounding land uses. It is the intention of the City to provide for annual inspections of such equestrian facilities by the Chief of Police or his designee and others, as necessary, to ensure that the regulations set forth below are being properly implemented. All regulations associated with Recreational Horse Permits, except provisions pertaining to Title 20 of the Municipal Code, shall be enforced by the Chief of Police or his designee. Application of this district shall be made only to single-family areas in Santa Ana Heights which have been for the most part subdivided into lots larger than 15 ,000 square feet. A. PERMITTED ANIMALS. The keeping of animals is permitted as follows: I. Any animal not protected or prohibited by law if kept exclusively within the residence. 2. Horses and ponies, limited to the following (offspring exempt up to the age of eight (8) months): (Newport Beach 7-87) 468-32z.14 SPECIFIC PLAN DISTRICT 20.64.055 Size of Building Site Sq. Ft. Less than 10.000 10,000 to 15,000 Greater than 15 ,000 Maximum Number Permitted 2; 3 to 6 with Recreational Horse Permit Recreational Horse Permits shall be processed as follows: Within 90 days of the effective date of these regulations (annexation). any property owner or tenant keeping more than two (2) horses and/or ponies. over the age of eight (8) months. on a single building site within the EQ District shall obtain a Recreational Horse Permit. After the effective date of these regulations (annexation). any property owner or tenant introducing or adding horses and/or ponies onto properties within the EQ District shall, within one ( 1) month, obtain a Recreational Horse Permit if the total number of such animals, over the age of eight (8) months. exceeds two (2). The Chief of Police or his designee shall issue a permit for the keeping of such animals upon receipt of the fee, if any, established by the City Council, and when in the Code Enforcement Officer's and the Chief of Police's opinion. I) 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 below and the EQ District regulations. Failure to comply with these regulations shall con- stitute cause for denial or revocation of such permit. Any person whose ap- plication for a Recreational Horse Permit is denied or revoked under the terms of this specific plan may appeal the decision to the City Council in accordance with the procedures set forth in the Municipal Code. Recreational Horse Permits shall be non-transferable and must be renewed annually. 3. 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 (2) adult animals of any one species per building site: and b. no more than a total of six (6) adult animals, including horses and ponies, per building site. Offspring are exempt until such time as they are weaned. 4. Rabbits. chickens and ducks, limited to no more than a total of six ( 6) such animals per building site. 5. Up to three (3) dogs and three (3) cats. Offspring are exempt up to the age of three (3) months. The keeping of four (4) or more dogs or four (4) or more cats over the age of three (3) months is also permitted subject to the regulations contained in Section 7.04.090 of the Municipal Code. B. TEMPORARY STRUCTURES AND USES. Temporary structures and uses normally incidental to the keeping of permitted animals where such 468-32z. l 5 (Newport Beach 7-87) 20.64.055 PLANNING AND ZONING structures and uses do not alter the character of the premises in respect to their use for purposes permitted in this district. The Planning Director may approve such temporary structures and uses for a period of 90 days. Exten- sion of the time period may be authorized for no more than 3 additional 90 day time periods. Temporary structures include but are not limited to the following: 1. Detached buildings or sheds. 2. Fences, walls. corrals. stalls. pens. and cages. 3. Any other structure or use which the Planning Director finds con- sistent with the purpose and intent of this district. C. ACCESSORY USES AND STRUCTURES PERMITTED. Acces- sory uses and structures normally incidental to the keeping of permitted animals where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. One or more accessory structures shall be permitted only when constructed concurrent with or sub- sequent to the main building, may be located on the front half of the lot, and include the following: 1. All structures housing animals including but not limited to: a. corrals · b. stalls. box stalls and animal barns c. pens d. cages e. dog houses 0 All structures for the exercise of animals including but not limited to: a. lunging areas b. arenas c. walkers and/or hot walkers d. dog runs 3. Other structures incidental to the keeping of permitted animals including but not limited to: a. storage sheds or storage barns b. tack rooms c. wash racks D. PROHIBITED USES. The following uses are specifically prohibited: 1. All uses not permitted by B and C. 2. The storage of vehicles, equipment, or products related to com- mercial activities. 3. The keeping of animals for any commercial purpose. except as per- mitted by the Commercial Stable Overlay (S) District, where applied. 4. Commercial kennels. 5. Apiaries. 6. Aviaries. (Newport Beach 7-87) 468-32z. l 6 SPECIFIC PLAN DISTRICT 20.64.060 E. SITE DEVELOPMENT STANDARDS. I. Setbacks: Minimum setbacks for the keeping of animals shall be as follows: From Ultimate Street Right-of-Way Line Front Side All structures housing animals: 50 Exercise areas: 25 20 IO All other structures per C.3: 50 IO From Property Line Abutting an EQ or S Overlay District or an Alley Side Rear 5* 5* 0 0 5 5 *Required for covered portions of structures only, From Property Lines Abutting All Other Districts Side Rear 25 25 0 0 5 5 Within 90 days of the effective date of these regulations (annexation), the type and number of animals shall be brought into strict conformity with the above regulations. Also, within 90 days of the effective date of these regulations (annexation), all structures housing animals shall be in locations specified by the setback requirements above, except that structures housing animals built with valid building permits issued prior to the effective date of the ordinance adopting these regulations may remain where located as legal nonconforming uses. 2. Landscaping. See Section 20.64.070 for possible landscape require- ments. (Ord. 87-7 § 4 (part), 1987). 20.64.060 Commercial Stable Overlay, S District. It is the intent of this section to provide for the development of Commercial stables, housing horses and ponies only, in areas designated with an (S) overlay, subject to approval of a use permit by the Planning Commission, a business license. and an animal facility license as specified by the Municipal Code, enforced by the Newport Beach Chief of Police or his designee. No residential uses shall be permitted on the same building site as a commercial stable. 468-3'.'.z. l 7 (Newport Beach 7-87) 20.64.060 PLANNING AND ZONING The following site development standards shall apply: A. SITE DEVELOPMENT STANDARDS. 1. Building Height. Twenty (20) feet maximum, except for structures used for the storage of hay. However. in no case may any structure exceed thirty-five (35) feet in height. 2. Setbacks. The following setbacks shall be required: a. Minimum setbacks for all structures housing animals shall be as follows: 1) Front setback. Fifty (50) feet minimum. Exercise areas. such as arenas. shall be set back a minimum of twenty-five (25) feet. 2) Side setback. a) Abutting all districts except BP District: Five (5) feet minimum. Exercise areas shall also be set back a minimum of five (5) feet. b) Abutting BP District: Twenty-five (25) feet minimum. Exercise areas shall be set back a minimum of five ( 5) feet. 3) Rear setback. Five (5) feet minimum. Exercise areas shall also be set back a minimum of five (5) feet. b. Setbacks. Minimum setbacks for all structures other than those housing animals shall be as follows: 1) Front: 50 feet from the ultimate street right-of-way line 2) Side: 5 feet 3) Rear: 5 feet 3. Number of animals. Maximum of twenty-five (25) animals per gross acre. 4. Landscaping. Boundary landscaping shall consist of trees. shrubs, vines. grasses. ground cover or any combination thereof. Such areas shall not include open soil, buildings. paving, gravel or any other assemblage of build- ing materials upon or over the land. Landscaping shall be provided as follows: a. Boundary landscaping with a minimum depth of twenty (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 five (5) feet along all property Jines not abutting a public street. c. An approved permanent watering system shall be provided for all landscaped areas. d. See Section 20.64.070 for possible additional landscaping require- men ts. 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, replacement of plants when necessary and the regular watering of all plantings. 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. (Newport Beach 7·87) 468-32z. I 8 SPECIFIC PLAN DISTRICT 20.64.065-20.64.070 6. Lighting. All lighting shall be designed and located so that direct rays are confined to the premises and must be certified accordingly by an electrical engineer. (Ord. 87-7 § 4 (part), 1987). 20.64.065 Consolidation Overlay, C District. It is the intent of this sec- tion to provide for the development and maintenance of professional and ad- ministrative office uses and related uses on lots located between South Bristol Street and Zenith Avenue in a manner which will ensure lot con- solidation and vehicular access to and from South Bristol Street. A. USES PERMITTED. The following uses are permitted: l. All uses permitted within Section 20.64.040, subject to the follow- ing site development standards: a. Building site area. All lots within this district shall be consolidated into one building site to achieve a minimum area of forty-four thousand (44,000) square feet. b. Vehicular access. Vehicular access shall be provided to and from South Bristol Street. c. All other site development standards and requirements of Section 20.64.040 except as provided in Section 20.64.065.A 1. 2. Single-family detached dwelling units which lawfully existed at the effective date of these regulations (annexation) may, if destroyed by fire, flood. explosion. act of God, or act of the public enemy, be rebuilt in con- formance with the zoning regulations in effect prior to the adoption of this Specific Plan. However, such reconstruction must comply with current build- ing and related codes. (Ord. 87-7 § 4 (part), 1987). 20.64.070 Public Improvements. Improvements within the public right- of-way such as curbs, gutters, sidewalks, stormdrains and roadway paving in many areas within Santa Ana Heights have not been completed to City Standards. In addition to up-grading these improvements, the following are public improvements needed within the Santa Ana Heights Specific Plan area. As redevelopment occurs or as the desire for these improvements arises, they are to be constructed or installed. Funding possibilities for these im- provements include the Orange County Development Agency, an assessment district and/or developer and resident contributions. A. CIRCULATION PLAN. The Circulation Plan is designed to provide for safe vehicular, equestrian and pedestrian movement within and adjacent to the Specific Plan area. The established sidewalk standards are also intended to encourage pedestrian use. Street sections to provide sufficient capacity for the added business park traffic and traffic from the residential areas are as follows: I. Street Sections and Streetscape: a. Business Park: 1) Birch Street and Mesa Drive from Birch Street westerly to Irvine Avenue. 468-32z. I 9 (Newport Beach 7-87) 20,64,070 PLANNING AND ZONING The Birch Street and the Mesa Drive westerly connections to Irvine Avenue are each designed to be secondary industrial collectors with two eleven-foot and two sixteen-foot travel Janes, and a ten-foot two-way left turn lane, and a eight-foot walkway on either side, Adjacent to the walkways, outside the right-of-way, a ten-foot landscaped setback is re- quired (Exhibit 5), The streetscape for the business park area is a require- ment of development and shall be installed by individual property owners concurrent with development of approved projects. Ongoing maintenance shall be the responsibility of individual property owners, 2) Acacia Street and Orchard Drive within Business Park. The Acacia Street and Orchard Drive roadways within the Business Park shall be constructed with two twelve-foot and two seventeen-foot travel Janes and a six-foot walkway on either side. Adjacent to the walkways, out- side the right-of-way, a ten-foot landscaped setback is required (Exhibit 6), The Streetscape for the business park area is a requirement of development and shall be installed by individual property owners concurrent with development of approved projects, Ongoing maintenance will be the respon- sibility of individual property owners, 3) 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 treat- ment will be located at the intersection of Irvine Avenue and Orchard Drive and on Birch Street just south of the South Bristol Street intersection (Exhibit 2). The two entry statements shall be identical in design in order to reinforce project continuity and identification (Exhibit 7). These entries will include the following: a) Landscape elements, including accent trees, shrubs, and ground- cover. b) Entry monumentation, c) Pedestrian crossings and signalization, if appropriate, Building materials used for the entry monumentation shall be harmon- ious with the overall Business Park design, Care is to be taken in the design of the entry statement to provide adequate vehicular sight distance in accordance with City standards. The entry treatment will be setback suffi- ciently to provide for sidewalks and handicap access ramps, Funding for implementation of the entry treatment may be through an assessment dis- trict, Orange County Development Agency, or some other, funding source, The entry treatment shall be maintained by the local business association or adjacent property owner. b, Residential Areas: 1) 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. On the west side of the street, a three-foot planted parkway will be located adjacent to the curb (Newport Beach 7-87) 468-32z.20 SPECIFIC PLAN DISTRICT 20.64.070 along with a twelve-foot-wide equestrian trail (Exhibit 8), The four foot wide landscaped area located adjacent to the sidewalk within the front yard setback area on the east side of Cypress Street shall be planted with the designated street tree, thirty feet on center. All street trees shall be a mini- mum 24-inch box size when installed. Funding for implementation of the streetscape along Cypress Street may be through an assessment district, the Orange County Development Agency, some other future funding source or as redevelopment occurs. The surface of the equestrian trail shall be one of the following: a) Compacted decomposed granite. b) Existing soil, graded and compacted. A three and one-half-foot high split rail fence shall be installed on either side of the equestrian trail. The fence is to be maintained by the local eques- train groups and shall be removed if not properly maintained. 2) Mesa Drive easterly of Birch Street. 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 north side. Mesa Drive shall not extend beyond the Specific Plan area except as needed to cul-de-sac the easterly end of Mesa Drive. The four foot wide landscaped area located adjacent to the sidewalk within the front yard setback area on the north side of Mesa Drive shall be planted with the designated street tree thirty feet on center. All street trees shall be a minimum 24-inch box size when installed. Exhibit 8 illustrates the typical section for Mesa Drive. Funding for implementation of the streetscape may be through an assessment district, the Orange County De- velopment Agency, some other future funding source or as redevelopment occurs. 3) Orchard Drive easterly of the Business Park. 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 will be provided with a meandering four-foot sidewalk. The sidewalk shall be 5-feet wide when adjacent to the curb. The ten-foot landscaped parkways shall be planted with the designated street tree thirty feet on center. All street trees shall be a minimum 24-inch box size when installed. Funding for implementation of the streetscape within the residential area of Orchard Drive may be through an assessment district, the Orange County Development Agency, some other future funding source or as redevelopment occurs. 4) Residential entry treatment. For the residential areas, entry treatments will be located on Orchard Drive between Birch and Cypress Streets and along Mesa Drive as determined by the Birch Street/Mesa Drive realignment study (Exhibit 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 468-32z.21 (Newport Beach 2-90) 20.64.070 PLANNING AND ZONING entrance to a residential neighborhood (Exhibit 9). These entries will incor- porate the following: a) Landscape elements, including accent trees, shrubs, and ground- cover. b) Entry monumentation. c) Pedestrian crossings and signalization, if appropriate. Care is to be taken in the design of the entry statement to provide adequate vehicular sight di!:tance in accordance with City standards. The entry treatment will be setback sufficiently to provide for sidewalks and handicap access ramps. Funding for implementation of the entry treatment may be through an assessment district, Orange County Development Agency or some other funding source. The entry treatment shall be maintained by the local community association or adjacent owner. 2. Circulation Improvements. The area has been heavily impacted by nonresidential traffic attempting to avoid congested conditions on surrounding arterials. Thus, a primary con- sideration in the development of the plan was reduction of through traffic within residential areas. The planned development of business park uses adjacent to residential uses, requires a circulation plan that separates business park and residential traffic. Street improvements and modifications are in- tended to achieve these these objectives are illustrated in Exhibit 10 and described as follows: ( · Improvement Feature 1: Installation of a traffic signal at the inter-\ section oflrvine Avenue and Orchard Drive. Improvement Feature 2: Construction of a cul-de-sac on Cypress Street south of South Bristol Street. Implementation of the cul-de-sac will include a design study to determine configuration of Cypress Street north of the cul-de-sac. The cul-de-sac will be designed to allow for access to South Bristol Street from the northernmost property on the west side of Cypress Street within the Residential Equestrian District. Improvement Feature 3·: Implementation of a circulation improvement test program to study and develop a method to control any potential through traffic in the Bayview tract. The program's objective shall be de- velopment 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 ex- tensive 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 thirty days. The alternatives to be tested could include: I) a cul-de- sac at the north end of Orchid Street, 2) the closure of Spruce Avenue, 3) closure of Spruce Avenue only to traffic exiting the tract, 4) cul-de-sacs at both the north end of Orchid Street and the south end of Bayview Avenue and 5) the closure of both Spruce and Bayview A venues just north of Azure Street to northbound traffic in tandem with the Orchid Street cul-de-sac. (Newport Beach 2-90) 468-32z.22 SPECIFIC PLAN DISTRICT 20.64.070 Other alternatives might be tested in addition to or in lieu of those men- tioned above. The community shall be consulted both before and after the program is implemented. Both traffic engineering criteria and community input shall be considered in evaluating the results of the program. Improvement Feature 4: Mesa Drive and Birch Street shall be realigned to form a direct connection as illustrated on Exhibit I 0. These circulation improvements are to be implemented in a phased manner to best achieve the plan's objectives. Implementation of Improve- ment Features I through 3 would be given priority because they are designed to provide an early reduction or elimination of through and business park traffic in residential neighborhoods. Improvement Feature 4 would be im- plemented once warranted by business park development on Birch Street. Funding possibilities for these improvements include the Orange County Development Agency, an assessment district and/or developer contribution. B. 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 pre- pared 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 areas 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 is necessary due to proposed realignments of street right-of-way. Specific proposals for the improvement and modification of facilities and services are described below. I. Water Distribution System Improvements. The Santa Ana Heights Water Company presently provides adequate water service to the specific plan area to serve existing land uses. Ultimate development of the area, however, will require the installation of six-inch and eight-inch water mains and additional fire hydrants for fire protection. Planned improvements are shown in Exhibit 11 and are described as follows: Improvement Feature 1: Replacement of 6-inch line with 8-inch line on Irvine Avenue and Acacia Street from South Bristol Street to Mesa Drive. Improvement Feature 2: Replacement of 6-inch line with 8-inch line on Mesa Drive from Acacia Street to Cypress Street. Improvement Feature 3: Replacement of 6-inch line with 8-inch line on Mesa Drive from the intersection with Acacia Street west 500 feet. Improvement Feature 4: Relocatfon and new installation of four fire hydrants. 468-32z.23 (Newport Beach 2-90) 20.64.070 PLANNING AND ZONING The water system improvem1mts described provide an estimate of new facilities needed. A comprehensive water system plan and implementation program must be developed for the area prior to any business park develop- ment. Funding possibilities for these iinprovements include the Orange County Development Agency, an assessment district and/or developer con- tributions. · 2. Sewer System Improvements. The Costa Mesa Sanitation District (CMSD) presently provides sewer service to the specific plan area. Various sewer mains in the a:rea are currently flowing at or near a capacity. In order to adequately serve ultimate buildout, installation of I 0-inch through 18-inch sewer mains and upgrading of two pump stations in the general area will be required. The following im- provements (shown in Exhibit 12) have been identified for construction and/ or upgrading. Improvement Feature B: Line B, located along South Bristol Street, conveys flows from the specific plan area westerly to the 12-inch sewer lines which flow south along the Santa Ana-Delhi channel. This main serves as a major sewer trunkline serving the specific plan area. Line B is presently an 8-inch diameter line; a 15-inch parallel line is proposed to be installed. Improvement Feature C: Line C, located along the Santa Ana-Delhi channel, conveys sewer flows from the western portion of Santa Ana Heights c·· 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 vario.us areas of Santa Ana Heights and pumps to Sewer Pump Station l 0 (Improvement Feature E). Pump Station 11 is proposed for upgrading, to include installation of new pumps and controls, electrical service and re- modeling of the existing wet well. Improvement Feature E: Pump Station I 0 pumps sewer flows from various areas 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 I 0 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 I 0 to the CMSD treat- ment facility. A 15-inch parallel line is proposed to be installed. The sewer system improvements described provide an estimate of new facilities needed. A comprehensive sewer system plan and implementation program must be developed for the area prior to any business park develop- ment. Funding possibilities for these improvements include the Orange County Development Agency, an assessment district and/or developer contri- butions. (Newport Beach 2~90) 468-32z.24 SPECIFIC PLAN DISTRICT 20.64.070 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 storm drains and a system of catch basins. Backbone im- provements to the existing system are shown in Exhibit 13 and are described as follows: Improvement Area 1 : • Catch basins at Orchard Drive and Birch Street • Storm drains along Birch Street from Orchard Drive to Mesa Drive • Catch basin along Birch Street • Catch basins at Mesa Drive to drain southerly • Storm drain from Mesa Drive to Santa Ana-Delhi channel Improvement Area 2: • Storm drain on Cypress Street from Cypress Street cul-de-sac to South Bristol Street • Catch basins at Cypress Street cul-de-sac A localized drainage problem exists along Birch and Cypress Streets south of Orchard Drive. In this area, surface runoff flows from parcels front- . ing 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 run- off from adjacent residential parcels to the drainage facilities planned along Birch Street. The area affected by this drainage problem is Wghlighted in Exhibit 13, the boundary of which is based on existing topography. In order to adequately provide for surface runoff in this area, a com- prehensive 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 draina collection system • A pumping station which collects storm runoff and pumps to an acceptable public storm drain system. Funding possibilities for these improvements include the Orange County Development Agency, an assessment district and/or developer contri- bution. . 4. Electric, Telephone and Cable Television Improvements. If it is the desire of the community to have utilities undergrounded, this would be accomplished through the Orange County Development Agency, 468-32z.25 (Newport Beach 2·90) 20.64.070 PLANNING AND ZONING an assessment district, and/or developer contribution. Although not antici- pated, the planned improvements/modifications to the circulation system may require utility _relocations, realignments or abandonments. 5. _Street Lights. A street light system in conformance with City standards will be in- cluded with street improvement projects in the business park area and if requested in the residential area. Funding possibilities for the street light system include the Orange County Development Agency, an assessment district and/or developer contri- bution. (Ord. 89-16 §I, 1989;0rd. 87-7 § 4(part), 1987). (Newport Beach 2·90) 468-32z.26 SPECIFIC PLAN DISTRICT 20.64.070 ""' (lllllllllf ~PECIF1C PCAN BCUNOARY l'l'ml R•I ( B, 000 l iiii::;l::JR•I ( 19,800) {87, 120) Bl BUSIRl!SS PARK ~ ~FES~&AOMlrasnterTVE OFFICE ~:f~~ GENERAL. COMMERCIAL E~:~:i~:'A:.;q OPEN SPACE I []D'Ea.ESTRIAN OVERLAY c:::!:J COMMERCIAL STABLE OVERLAY c::£:J CONSOLIDATION OVERLAY ~FUTURE INTERSECTION REALIGNMENT SANTA ANA HEIGHTS CJTY OF NEWPORT BEACH SPECIFIC PLAN DISTRICT LANO USE PLAN MAP EXHIBIT I 468-32z.27 ADVANCE Pl.ANNING DIVISION (Newport Beach 2·90) 20.64.070 PLANNING AND ZONING ~~~__,I IL~~•·~·um..1..1•1 ~ ... ~ ...... ~ ... ~~ ... ~ ...... .,. BRISTOl. sTRE.i;"T I . .. I I . '·I:.:·. ~~! t; ;;: ~: ~ I , • ~ I t· • 'J; I ;: ' BUSINESS PARK ENTRY.r/1 1 : i. . MONUMENWION-0 ~j : : i: ,-r-. ..,...,,.__..:-.. ,....,,., .. -,,."". = I i ; • ' ,. . . . . ..... =~ !:immr:= ~~·" ~· '~"'-~~~fil'- 1 'l -........... 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J:rKl~G Tll"lVtL LWE ii H45' I If 7.5' RESIDENTIAL EQUESTRIAN PROPERTY BUSINESS PARK PROPERTY BUSINESS PARK I RESIDENTIAL EQUESTRIAN BUFFER DESIGN SANTA ANA HEIGHTS SPECIFIC PLAM EXHIBIT 3 CITY OF NEWPORT BEACH ADVANCE PLANNING DIVISION t:ll '"O tt1 () ~ n '"O ~ z 0 ~ t:ll -l ;u n -l N 0 "' :"" 0 -.J 0 20.64.070 PLANNING AND ZONING TYPICAL BUSINESS PARK PARKING LOT LANDSCAPE BUSINESS PARK PARKING LOT LANDSCAPE DESIGN CONCEPTS SANTA ANA HEIGHTS SPECIFIC PLAN EXHIBIT 4 CITY OF NEWPORT BEACH ADVANCE PLANtllNG DIVISION (Newport Beach 7·87) 468-32z.30 (- ,,. °' 'l° w '" !" w z ~ " 0 ~ '" " • 0 ~ " 00 ~ BO' Row G4.PAVE.D 8 16 II lo' 11' ,.· e' TYPICAL SECTION THROUGH BIRCH STREET 8 MESA DRIVE (BETWEEN BIRCH ST a IRVINE AVE.) SANTA ANA HEIGHTS SPECIFIC PLAN EXHIBIT 5 CITY OF NEWPORT BEACH ADVANCE PLANNING DIVISION (/) .., tT1 n :::;; ;=; .., r >-z 0 (/] .-J ;<l ;=; .-J N ~ °' :"" 0 .__, 0 z ~ " §. 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H"' "\ g\k~ ~I TYPICAL SECTION THROUGH BUSINESS PARK ENTRY BUSINESS PARK ENTRY TREATMENT SANTA ANA HEIGHTS SPECIFIC PLAN EXHIBIT 7 ~STREET -~ ES ' El\ -~ fil[J PLAN VIEW BUSINESS PARK ENTRY CITY OF NEWPORT BEACH ADVANCE PLANNING DIVISION (/) "' m n -";'] ;:::; "' " >-z 0 -"' -l ;<I ;:::; -l N 0 °' _,,. 0 ___, 0 z ~ ~ £ "' ' • 0 ~ " 00 ~ .,,. °' 00 w ,_, t' w .,,. 60 ROW 401PAVEO 12' J 8' 12 12 EQUE.STRIAN TRAIL I f -~~~~lb, TYPICAL SECTION ' 8 5 4 S/De'.W.dLJ( u,,;osc.<Vti """ m~ ~ " ;r::'.-iJ;J tii'i{Uii, M~ ~~ :}'ii· 5 S!OEWAlk ONE SIDE ONLY THROUGH CYPRESS STREET a MESA DRIVE! Easterly of Birch Street l CYPRESS ST NORTHBOUND 8 MESA DR. WESTBOUND SANTA ANA HEIGHTS SPECIFIC PLAN EXlllfJIT 8 ("\ ' CITY OF NEWPORT BEACH ADVANCE PLAN~J!NG DIVISION N 0 °' :l'-0 __, 0 ..,,, r-' p. z :5 z (l p. z t:l N 0 z z (l -!> 0\ 00 w N N w V> z i "' g n .. " <> .e 60' ROW ~ TYPICAL SECTION THROUGH RESIDENTIAL ENTRY ENTRY WALL MONUMENTATION RESIDENTIAL ENTRY TREATMENT SANTA ANA HEIGHTS SPECIFIC PLAN EXHIBIT 9 PLAN VIEW RESIDENTIAL ENTRY CITY OF NEWPORT BEACH ADVANCE PLANNING DIVISION "' >c m () ;:j () >c !;: z t:i -"' >-l ::<l () >-l ~ ~ 0 ._, 0 20.64.070 PLANNING AND ZONING I I , ••• 11 ---~ BRllS'T'OL -----··-;T~EEr -..... I .. => z .. ~ '• ,• tr\ TRAFFIC ~.~: \.V SIGHM;.~L ! ' , 1-•f SPECl'IC Pl.AN BOUNDARY, c:m::I IMPROVEMENT PEATUR£ ts•• Tat} . ' © Cl.DSURE OF CYPRESS ST. WITHal"°""" @ CIRCUL.t.T!l!_~u• T!STl"ltO~ omiml~·"::::;- ~ - Pl.. ,.._ = '-.. ~· SANTA ANA HEIGHTS CITY OF NEWPORT BEACH ADVANCE PLANNING DIVISION CIRCULATION EXHIBIT 10 (Newport Beach 2~90) PLAN 468-32z.36 ( ~ SPECIFIC PLAN DISTRICT 20.64.070 ,... 1 I ···•=······-·= 17===··."?=., BRIETO " STR 10· •• ' • 8 I =-•I SPEQFIC PLAN BOUNDARY. (!!E] EC&STNa WAT!R MM! a FIRE HYDRAHT mw.ct'ER MAIN a• HYDRANT IMPROVEMENT ri':'\1 NPROVEMENT FEATURE ~'9•T•t) Flll1JRB IH!ERSl!CIICM JIJ!ALicae<I' ,· @ a· SANTA ANA HEIGHTS WATER SYSTEM PLAN EXHIBIT II . • 468-32z.37 .. • .. . • . • .•. ,. !i • ~ .. ... • .... ~ , . CITY OF NEWPORT BEACH A1M1NCE PLAlll'llNG DIVISICN (Newport Beach 2·90) 20.64.070 PLANNING AND ZONING I ••••I SPECF'IC Pl.AN BOUNDARY @sEWER MAIN ~ l'11l1JRll INl'ERSB:l'ICtl REALI~ SANTA ANA HEIGHTS SEWER SYSTEM PLAN EXHIBIT 12 (Newport Beach 2-90) 468-32z.38 -I CITY OF NEWPORT BEACH ADVANCE PLANNING DIVISION SPECIFIC PLAN DISTRICT 20.64.070 ,... l 1 --···=·---= • ...... ) mnw j SPEaP'IC PLAN BOUNDARY. CB EXIST1NG STORM DRAIN BRIBTO 1 r FUTURE ~ORM DRAIN IMPROVEMENT r7'i'\1 IMPROVEMENT AREA ~(S.. Text) ~ Ftll'lJRE IN1'ERSECl'IQI REALIG>MM SANTA ANA HEIGHTS DRAINAGE SYSTEM PLAN EXHIBIT 13 468-32z.39 I CITY OF NEWPORT BEACH AD\/ANCE PLANNING DtVISl(l'j (Newport Beach 2°90) SPECIFIC PLAN DISTRICT 20.65.010-20.65.015 Chapter 20.65 SPECIFIC PLAN DISTRICT (CENTRAL BALBOA) Sections: 20.65.010 20.65.015 20.65.020 20.65.025 20.65.030 20.65.035 20.65.040 20.65.045 20.65.050 20.65.055 20.65.060 20.65.065 20.65.070 20.65.080 20.65.090 Establishment of Specific Plan District-Central Balboa. Purpose and Intent. General Controls. Design and Development Guidelines. Retail and Service Commercial, SP-8 (RSC) District. Commercial District Development Standards. Residential Districts. Residential District Development Standards. Governmental, Educational and Institutional Facilities, SP-8 (GEIF) District. Governmental, Educational and Institutional Facilities District Development Standards. Open Space, SP-8 (OS) District. Open Space District Development Standards. General Regulations. Reconstruction of Nonconforming Structures. Public Improvement Component. 20.65.010 Establishment of Specific Plan District -Central Balboa. The provisions of this Specific Area Plan shall apply to all parcels within the boundaries of the Central Balboa Specific Area Plan area, as shown on the Land Use Plan Map incorporated herein, and as shown on Districting Map No. 11, as referred to in Section 20.01.050 of the Newport Beach Municipal Code. (Ord. 94-44 § I (part), 1994). 20.65.015 Purpose and Intent. The purpose of this Specific Area Plan is to establish policies to guide the orderly development and improvement of the Central Balboa Area. Development Standards are included in this Specific Plan to set minimum standards for public and private improvements. A. The specific goals of this Specific Area Plan are as follows: 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. 468-32z.40a (Newport Beach 11-94) 20.65.020 PLANNING AND ZONING 4. To provide a year-round, active commercial and recreational area serving the needs of the permanent residents and visitors of the Balboa Peninsu- la. 5. To provide public improvements designed to enhance the visual quality of the area, encourage safe pedestrian movement and bicycle transportation, and to facilitate the flow of vehicular traffic. 6. To locate and develop new public parking areas, while minimizing encroachment into existing open space and recreational areas. 7. To use architectural design and public improvements to define the commercial district and establish a clear line of demarcation with residential areas. B. It is the intent of this Specific Area Plan to ensure consistency between the stated goals and policies of the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan. This will be achieved through the equitable application of the provisions of this plan. It is also the intent of the City to provide for enhancements to the com- mercial 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 develop- ment 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 applica- tion 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. (Ord. 94- 44 § 1 (part), 1994). 20.65.020 General Controls. A. APPLICABILITY. The provisions of this section shall apply to all property in the Central Balboa Specific Plan District, unless otherwise noted. I. 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. (Newport Beach 11-94) 468-32z.40b SPECIFIC PLAN DISTRICT 20.65.025 2. NONCONFORMING USES AND STRUCTURES. Nonconforming uses and structures shall be governed by the provisions of Section 20.65 .080 of this Chapter and in Chapter 20.83. B. LAND USE DESIGNATIONS. The following land use designations are established: 1. Retail and Service Commercial, SP-8 (RSC) District. 2. Two Family Residential, SP-8 (R-2) District. 3. Multi-Family Residential, SP-8 (MFR) District. 4. Residential-Professional, SP-8 (RP) District. 5. Governmental, Educational and Institutional Facilities, SP-8 (GEIF) District. 6. Open Space, SP-8 (OS) District. The designations, locations and boundaries of these uses are delineated upon the map entitled "Central Balboa Specific Area Plan, Land Use Plan Map," which map and all information and notations thereon are made a part of this section by reference. C. LAND USE AND DEVELOPMENT REGULATIONS. Land use and development regulations shall be those of the base district with which the "SP" Specific Plan District symbol is applied, unless specifically modified by the provisions of this Chapter. In cases where the Specific Plan District regulations conflict with the base district regulations, the regulations of the Specific Plan District shall apply. D. 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 Section 20.01.070. The Planning Commission shall approve or conditionally approve the development upon the finding that: I. The proposed site plan is consistent with the Central Balboa Specific Area Plan and other applicable policies. 2. The proposed site plan is compatible with surrounding development. 3. The proposed site plan provides the potential for superior urban design in comparison with the development under Specific Plan District regulations that would apply if the site plan were not approved. 4. The deviations from the Specific Plan District regulations that otherwise would apply are justified by compensating benefits of the proposed site plan. 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 Area Plan area shall be protect- ed. (Ord. 94-44 § I (part), 1994). 20.65.025 Design and Development Guidelines. These design and develop- ment guidelines are intended to provide criteria for all new development and the redevelopment of existing properties, and to assist the City staff and Planning Commission in reviewing applications for site plan review or use permits. 468-32z.40c (Newport Beach l 1°94) 20.65.025 PLANNING AND ZONING A. DESIGN THEME. The objective is to preserve and enhance the traditional central business district character of the Central Balboa area. Essential to realizing this objective is the maintenance and strengthening of pedestrian orientation of the commercial district. The siting of buildings, architectural design and street and sidewalk improvements should foster pedestrian activity. Design elements that may be applied to achieve this objective include: 1. A voiding monotonous, visually unappealing structures by providing vertical and horizontal articulation to break up building mass. 2. Designing structures to create transitions in form and scale between large buildings and adjacent smaller buildings. 3. Designing buildings to be visually connected rather than creating gaps in the streetscape system. 4. Relating the scale and character of new development, and the redevelop- ment of existing properties, to the pedestrian functions and spaces. 5. Wherever possible, new structures and the redevelopment of existing properties, should expand the pedestrian spaces provided by the sidewalk. Examples of this include recessed building entries or internal courtyards, patios, plazas, or malls. 6. Extending paving material to sidewalk in front of building entrances and using paving patterns to identify building entrances and to add visual interest. 7. At block corners, structures should utilize a form which creates an open space pedestrian environment, such as a corner plaza. 8. Site and design buildings and parking areas to minimize pedestri- an/vehicle conflicts. 9. Wherever possible, locating parking to the rear or to the side of build- ings, and entries on side streets and alleys. B. ARCHITECTURAL THEME. No specific architectural theme is recom- mended for the Central Balboa area. The intent is to preserve the historic character of the area, maintain harmony with the existing structures, and allow opportunities for architectural diversity. Design should therefore focus on providing a pedestrian scale and utilize materials and features consistent with the historic structures in the area, with the Balboa Pavilion and the Balboa Inn serving as focal points. Architectural elements that may be applied to achieve this objective include: 1. Commercial structures which face public streets should be designed to create visual interest and a pedestrian scale along street-facing facades and a harmonious relationship between buildings. 2. Walls abutting pedestrian walkways or sidewalks of commercial areas should be primarily non-reflective glass affording views of merchandise and store within. A void large blank walls and long stretches of walls without windows. (Newport Beach 11-94) 468-32z.40d ( SPECIFIC PLAN DISTRICT 20.65.025 3. Storefronts should provide attractive and varied window displays, including, but not limited to, window recesses, special trim, mullions, and multi-pane glass. 4. Where appropriate, awnings or other devices for weather protection should be encouraged. Such devices should relate to the overall scale of architectural details. 5. Exteriors materials and finishes should be in keeping with the historic character of the area. Natural materials which provide texture and visual interest, such as brick, wood, unpolished stone and stucco, are encouraged. Use of reflective glass, metal panels (with the exception of decorative roofing), plastic materials, split face block, exposed concrete block and other exterior materials which are similarly out of character with the area should be avoided. 6. Exterior colors should be those which are in keeping with the estab- lished character of the area. The dominant color of the building should relate to the inherent color of its exterior material. Subdued colors are recommended for the overall color theme. Bright and excessively dark colors should be limited to accents intended to enhance the overall appearance of the building. 7. The use of decorative lighting to accent roof lines and architectural elements is encouraged. C. CIRCULATION AND PARKING. 1. Circulation and parking design and improvements are intended to achieve the following: a. Minimizing traffic congestion and ensuring access to the beach and bay for residents and visitors. b. Avoiding the channeling of non-residential traffic into residential areas. c. Minimizing conflicts with pedestrian movement and bicycle transporta- tion. d. Discouraging "cruising" in the commercial district and on the Peninsula. e. Providing adequate, accessible parking for private and public uses. f. Avoiding the locating of bus stops and layover areas adjacent to residen- tial areas. 2. The above objectives can be achieved by applying the following guide- lines to circulation and parking improvements: a. Directing non-residential traffic off of Balboa Boulevard to parking areas and other destination points while within the boundaries of the commer- cial district. b. Minimizing traffic on Main Street while maintaining adequate access to businesses and services. c. Establishing parking standards for private development that are consis- tent with the unique needs and the physical constraints of the area. d. Establishing time limits for on-street public parking that are consistent with the parking durations typical for business districts. e. Configuring public parking facilities to maximize available parking, while providing adequate landscaping and minimizing encroachment into open space areas. 468-32z.40e (Newport Beach 11-94) 20.65.025 PLANNING AND ZONING f. Configuring public parking facilities to provide parking areas and time limits that meet business and recreational needs. g. Providing parking areas and programs oriented to the needs of area residents. 3. Circulation and parking improvements shall be in association with the establishment of a system of remote parking areas and a shuttle service. D. STREETSCAPE. 1. Streetscape design and materials are intended to achieve the following: a. Enhance the visual quality of the Central Balboa area while reinforcing its recreational and historic character. b. Encourage pedestrian activity. c. Promote bicycling for transportation and recreation. d. Reduce visual clutter created by street fixtures, signs and graphics in order to enhance the aesthetic quality of the area and to facilitate the flow of vehicular traffic. e. Clearly delineate the boundaries of the commercial area and discourage commercial and recreational activities from intruding into residential areas. 2. The above objectives can be achieved by applying the following guide- lines to street improvements: a. Enlarged Pedestrian Areas. Enlarged pedestrian areas should be provided by extending sidewalks to create "bulb-outs" at selected intersections. b. Paving. Decorative paving treatments should be used to breakup large areas of concrete; to differentiate pedestrian areas and walkways; to identify building entrances and driveways; to accent tree wells, lighting fixtures and bus stops; and to add visual interest. c. Bollards. Bollards should be provided where appropriate to provide separation of pedestrian and vehicular areas. d. Street Lighting. Street light fixture designs should be reflective of the historic character of the area. Street light fixtures should be kept to a pedestrian scale (12 to 18 feet). Street light fixtures should accommodate vertical banners for use in identifying the commercial area and promoting civic events. e. Street Furnishings. Benches, kiosks, trash receptacles, planters and other street furnishings should be of design and materials consistent with the charac- ter of the area. Wherever possible, street furnishings should be consolidated to avoid visual clutter and facilitate pedestrian movement. f. Signs and Graphics. Wherever possible, traffic control, directional and other public signs should be consolidated and grouped with other street fixtures and furnishings to reduce visual clutter and to facilitate vehicular and pedestrian movement. A system of directional signs should also be established to direct traffic within the commercial district and away from residential areas. A graphic denoting the Central Balboa area should be incorporated into the standard street name signs used within the Specific Plan District. g. Street Trees. Street trees should be used to provide shade, soften building forms, and to enhance the street environment. However, the height and density of the leaf canopy should not overly obscure adjacent businesses. Flush- (Newport Beach 11-94) 468-32z.40f SPECIFIC PLAN DISTRICT 20.65.025 mounted tree wells with steel grating and/or brick surfaces should be used to protect the trees, and to allow free pedestrian movement. h. Entry Signs. Entry signs, such as ornamental arches, banners, or similar structures, should be constructed on Balboa Boulevard at Adams Street and at A Street. i. Utilities. The undergrounding of all existing overhead utilities, including electric power, telephone and cable television, is recommended to improve the visual quality of the streetscape and to eliminate the need to prune street trees away from power lines. 3. Main Street's storefront character, pedestrian orientation and tree-lined canopy should be preserved and enhanced. 4. Palm Street should be improved to emulate Main Street's setting. This will provide a major pedestrian link from the Balboa Pier parking lot to the Balboa Island Ferry. This will also create a major pedestrian loop through the area via Palm Street, the East Ocean Front boardwalk, Main Street, and the Edgewater Place Public Walk. 5. Adams Street, East Balboa Boulevard, East Bay Avenue and Washing- ton Street should be improved with enhanced sidewalk treatments and street furniture and fixtures to promote pedestrian activity and create active shopping streets. These streets will also serve as secondary pedestrian corridors. E. LANDSCAPING. 1. Landscaping should serve as a unifying element within the Central Balboa area. The landscape palette should provide continuity, yet allow opportunities for creativity, contrasts and variety. 2. Landscaping should complement architectural design. Landscaping can be used to identify building entranceB, bring_building. elements_to_a_human scale, soften building exteriors, and to provide interesting shades and shadows. 3. Landscaping should be used to support the pedestrian environment. Landscaping can be used to separate outdoor dining areas from pedestrian areas, provide pedestrians with protection from the elements, and add visual interest to pedestrian areas. Along storefronts, the use of plants and flowers in raised planters, window boxes and other containers is encouraged. 4. Where appropriate, landscaping should be used to screen parking, loading, storage, service and utility areas from public view, while maintaining safe sight distances. 5. In parking areas, landscaping should be used to break-up expanses of pavement, provide separation from pedestrian areas, and to create canopies and shade. 6. The use of water conservation design concepts, such as xeriscape and drip irrigation, should be encouraged. 7. Landscaping in public areas near the beach and bay should be chosen for their aesthetic qualities, low maintenance requirements, and their ability to withstand strong prevailing winds and salt-laden air. (Ord. 94-44 § 1 (part), 1994). 468-32z.40g (Newport Beach 11-94) 20.65.030-20.65.035 PLANNING AND ZONING 20.65.030 Retail and Service Commercial, SP-8 (RSC) District. It is the intent of this section to provide for retail sales, personal service, commercial, and professional uses that offer service to the area residents and visitors. A. USE OF LAND OR STRUCTURES. Uses permitted in commercial districts and uses permitted upon the approval of the Planning Director, Modifications Committee, or Planning Commission shall be as provided in Table 20.65 of this chapter. B. SPECIAL FINDINGS AND CONDITIONS FOR FOOD USES. In addition to the findings established in Chapter 20. 72, the Modifications Com- mittee, Planning Commission, or City Council, as the case may be, shall make the following findings in order to approve a drive-in, take-out or specialty food service use: I . 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. (Ord. 94-44 § 1 (part), 1994 ). · 20.65.035 Commercial District Development Standards. The following standards shall apply to all properties and developments in the SP-8 (RSC) District as set forth herein: A. SETBACK REQUIREMENTS. 1. First Floor Front Yard Setback (Interior Lots): A minimum of forty percent ( 40%) of the first floor building face shall be set back an average of three (3) feet from the front setback line on interior lots . .._ <IO%of J r-Frontage ----., OR .._ <IO%of _J r-Frontage -, 2. Side Yard Setback: Where the side of a lot abuts a residential district, a minimum setback of five (5) feet shall be maintained. 3. Rear Yard Setback: Where the rear of a lot abuts a residential district, a minimum setback of five (5) feet shall be maintained. 4. Alley Setback: Where a rear-lot line adjoins an alley with a width of less than twenty (20) feet, a setback of ten (10) feet shall be maintained. (Newport Beacll 11 ·94) 468-32z.40h SPECIFIC PLAN DISTRICT 20.65.035 5. Corner 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 corner property line by a length of eight (8) feet. I 1 -r - 6. Bulkhead Setback: A minimum setback of ten (10) feet shall be main- tained from the bulkhead line. B. REQUIRED BUILDING LINES. A minimum of sixty percent (60%) of the building surface facing East Balboa Boulevard, Main Street and Palm Street shall be located within five (5) feet of the property line. i Cl) -..,... ..... -- Street 468-32z.40i (N•wport Beach 11°94) 20.65.035 PLANNING AND ZONING C. REQUIRED VERTICAL ARTICULATION. No wall surface adjacent to a public street shall run in one continuous direction for more than fifty (50) feet without a recess or offset break measuring at least five (5) feet in depth and at least ten ( 10) feet wide. Cornices, caves, ornamental features, raised planters up to 18 inches and open balconies and stairs may project into this area. - D. REQUIRED HORIZONTAL ARTICULATION. Walls adjacent to any public street shall be setback at least one and one-half (1.5) feet for every foot in excess of nineteen (19) feet above grade. Twenty percent (20%) of the length of the building facade may exceed the nineteen (19) foot height limit up to the height limits specified in Chapter 20.02, in order to accommodate towers, spires, cupolas, dormers, gables, and chimneys. i 26' 19' (Newport Beach 11 ·94) 468-32z.40j SPECIFIC PLAN DISTRICT 20.65.035 E. BUILDING MATERIALS. 1. Not more than forty percent (40%) of any exterior building elevation above the first floor shall consist of glass or a similar material. 2. Opaque, reflective or dark tinted glass shall not be permitted. F. RESIDENTIAL DEVELOPMENT. Residential uses shall be permitted above the first floor. The following standards apply to residential units above commercial or retail uses: 1. Residential uses are permitted on the second floor or above only. 2. A minimum of 2,375 square feet of land area is required for each dwelling unit, provided, however, that a minimum of one (l) dwelling unit per lot shall be permitted. 3. Developments in the SP-8 (RSC) District which consolidate existing legal lots to provide unified site design shall be granted a density bonus in accordance with the following schedule: Consolidated Land Area 5,000 -15,000 sq. ft. 15,000 sq. ft. or more Residential Density 1 unit per 1,500 sq. ft of land area 1 unit per 1,250 sq. ft. of land area 4. The total gross floor area and building bulk in all structures on any site shall be specified in Chapter 20.07. 5. The commercial or retail portion shall be limited to a floor area ratio between 0.25 and 0.50. Commercial or retail portions with floor area ratios of Jess than 0.25 shall require a use permit as specified in Chapter 20.07. 6. The residential portion of the structure shall be limited to a maximum floor area ratio of 0. 75. 7. A minimum of one hundred (100) square feet of outdoor living space per dwelling unit shall be provided. This outdoor Jiving space area shall have a minimum dimension in any direction of at least six (6) feet and shall be open 468-32z.40k (Newport Beach 11-94) 20.65.035 PLANNING AND ZONING to the sky or open on at least one side. Architectural features may project into this area as permitted in Section 20.65.070 (A) of this Chapter. 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. G. SIGNS. The following standards shall apply to all signs within the SP-8 (RSC) District: I. Wall Signs. a. Number. Single tenant buildings shall be permitted one (1) primary wall sign. Multi-tenant buildings shall be permitted one (1) wall sign per business. b. Area. Two (2) square feet of sign area for each lineal foot of frontage, up to one hundred (100) square feet. Frontage is computed on an individual basis in multi-tenant buildings. Building frontage shall be measured along that side of the building for which the sign is proposed. c. Length. The length of a primary wall sign shall not exceed eighty percent (80%) of the building frontage. d. Secondary Signs (including logos). Single tenant buildings shall be permitted two (2) additional secondary wall signs of twelve (12) square feet each. 2. Ground Signs. a. Frontages. Ground signs shall be permitted only on properties with a minimum frontage of one hundred (100) feet. b. Area. The area of ground signs shall not exceed forty (40) square feet (single face). c. Height. The height of ground signs shall not exceed four ( 4) feet. 3. Awning/Canopy/Shade Signs. a. Area. Signs may be placed on the outer faces of an awning, canopy, or shade if they are made a part thereof and do not exceed thirty percent (30%) of the exposed surface area. b. Placement. Signs placed perpendicular to the building face under an awning, canopy, or shade will be permitted at each building entrance provided each sign does not exceed six (6) square feet (single face) and the bottom of each sign shall be clear of the sidewalk by not less than eight (8) feet. c. Materials. Awnings, canopies, and shades shall be constructed of non- combustible frames. Awning, canopy and shades coverings shall consist of an opaque fabric, tested and classified as nonflammable. d. Illumination. Awning, canopy, and shade signs shall be illuminated from exterior lighting sources only. (Newport Beach 11-94) 468-32z.40/ SPECIFIC PLAN DISTRICT 20.65.035 4. Marquee Signs. a. Area. Signs may be placed on the outer faces of a marquee, if they are made a part thereof and do not exceed the limitations of a marquee. Cutout letters, up to eighteen (18) inches in height, may be installed on top of mar- quees. b. Placement. Signs placed perpendicular to the building face under a marquee shall be permitted at each building entrance provided each sign does not exceed six (6) square feet (single face) and the bottom of each sign shall be clear of the sidewalk by not less than eight (8) feet. 5. Window Signs. a. Number. One (1) per window. b. Size. No permanent window sign shall cover more than twenty percent (20%) of the visible window area. c. Materials. Permanent window signs shall be applied directly to the window surface and shall be limited to individual lettering and transparent or translucent loges. 6. Projecting Signs. a. Number. One (1) projecting sign shall be permitted per building face. b. Area. Two (2) square feet for each lineal foot of building frontage, not to exceed twenty-five (25) square feet (single face). c. Clearance and Height. The bottom of the sign shall be clear of the sidewalk by not less than eight (8) feet. The maximum height Of the sign, excluding supporting structure, shall be sixteen ( 16) feet. d. Projection. No sign shall project more than four (4) feet over public property and may not project to within two (2) feet of the curb line. Subject to alllimitiitions in this Chapter, the distance any sign may project over public property or beyond the building line is governed by the following table: Distance Above Sidewalk or 8'-10' Grade Immediately Below Sign. Maximum Projection Over l' Property Line or Building Line. 10'-12' 12'-14' 14'-16' 2' 3' 4' e. Thickness of Projection. The thickness of any portion of a sign which projects over public property or beyond a building line shall not exceed three (3) inches. f. Illumination. Projecting signs shall be illuminated from exterior lighting sources only. 7. Special Purpose Signs. a. Directional Signs. Signs used to give direction to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of .six (6) square feet (single face) in area and may be permitted in addition to the other 468-32z.40m (Newport Beach 11-94) 20.65.035 PLANNING AND ZONING signs listed in this section in instances where necessary for traffic safety reasons. Said signs shall not contain names, logos, or advertising messages. b. Directory Signs. Multi-tenant buildings shall be permitted one (1) twenty-five (25) square foot wall or freestanding building directory sign listing tenants. c. Accessory Signs. Signs displaying business hours, credit cards, and other such items shall not exceed a cumulative square footage of two (2) square feet. 8. Temporary Signs. a. Number. One (1) per building or building site, not including temporary window signs. b. Size. No temporary sign shall exceed sixty (60) square feet in area. Temporary signs of rigid material shall not exceed twenty-four (24) square feet in area, or six (6) feet in height. A temporary window sign shall not cover more than twenty percent (20%) of the visible window area. c. Duration. Temporary signs may remain in place for a period not exceed- ing two (2) thirty (30) day periods per calendar year. 9. Design Criteria. a. Signs permitted under this section are subject to the criteria set forth in Section 20.06.070. 10. Permits. All signs, consistent with this section, or approved by an Exception ( Permit, including temporary window signs, shall be required to obtain a sign \ .. permit from the Building Official. 11. Exceptions. a. The Modifications Committee shall have the authority to approve modifications from any of the provisions of Section 20.65.035 (G) in accor- dance with the provisions of Chapter 20.81. 12. Non-Conforming Signs. a. Signs existing at time of adoption of this Chapter which do not comply with the provisions hereof shall be regarded as legal nonconforming signs and shall be subject to the provisions of Section 20.06.110. H. LANDSCAPING. The following landscape standards shall apply to all properties within the SP-8 (RSC) District: 1. A minimum of eight percent (8%) of the site shall be landscaped. Up to one-half of the site's landscaping may be in the form of decorative paving, such as brick, stone or tile. 2. In exterior parking areas in excess of seventy-five hundred (7,500) square feet, a minimum of five percent (5%) of the parking area shall be devoted to planting areas distributed throughout the parking area. Parking area landscaping may contribute towards meeting overall site landscaping require- ments. 3. Exterior parking areas shall provide a perimeter planting area a mini- mum of three (3) feet wide when the perimeter line abuts a public street, five (5) feet when the perimeter line abuts a residential district. (Newport Beach 11-94) 468-32z.40n SPECIFIC PLAN DISTRICT 20.65.040-20.65.045 4. In exterior parking areas in excess of seventy-five hundred (7,500) square feet, a minimum of one (1) tree for every six (6) spaces shall be distributed throughout the exterior parking lot. 5. Landscaping shall be provided on the upper floors of parking structures where these structures are visible from public streets, pedestrian pathways, or adjacent buildings. I. REFUSE STORAGE AREAS. Refuse storage areas shall be screened on all sides by a six (6) foot solid wood or masonry wall, or located within a building. (Ord. 94-44 § 1 (part), 1994). 20.65.040 Residential Districts. It is the intent of this section to preserve the existing residential districts within the Central Balboa Specific Area Plan area, and to maintain the development standards that have guided the orderly development of these districts. A. USE OF LAND OR STRUCTURES. Uses permitted in commercial districts and uses permitted upon the approval of the Planning Director, Modifications Committee, or Planning Commission shall be as provided in Table 20.65 of this chapter. (Ord. 94-44 § 1 (part), 1994). 20.65.045 Residential Districts Development S.tandards. The following standards shall apply to all properties and developments in the SP-8 (R-2), SP-8 (MFR), and SP-8 (RP) Districts set forth herein: A. SETBACK REQUIREMENTS. 1. Front Yard Setback: A front yard setback area of five (5) feet shall be required, except for the south side of the 800 block of East Bay A venue, which shall have a setba.ck often (lO}Jeet. 2. Side Yard Requirements: Each side yard shall not be less than three (3) feet wide on building site forty (40) feet wide or less, or four (4) feet on lots wider than forty ( 40) feet; provided, that the side yard on the rear twenty (20) feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. 3. Rear Yard Setback: A minimum ten (10) foot setback area shall be maintained. 4. Alley Setback: Where a rear-lot line adjoins an alley, a setback of five (5) feet shall be maintained. B. MINIMUM SITE AREA PER DWELLING UNIT. For each dwelling unit in· any building or group of buildings, the minimum site area shall be as provided below: !. SP-8 (R-2) A minimum of one thousand (1,000) square feet of land area. 2. SP-8 (MFR): A minimum of twelve hundred (1,200) square feet of land area. 3. SP-8 (RP): A minimum of one thousand (1,000) square feet of land area. 468-32z.40o (Newport Beach 11·94) 20.65.050-20.65.055 PLANNING AND ZONING Notwithstanding any other provision of this section, at least two dwelling units may be permitted on any lot or parcel which was legally in existence as of October 24, 1988, and which has a land area of at least twenty-four hundred (2,400) square feet. C. OPEN SPACE. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times six (6) feet and may be provided anywhere on the lot behind the required setback lines. This open space shall be open on at least two (2) sides and shall have a minimum dimension in any direction of at least six (6) feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than six (6) feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum six (6) foot dimen- sion in any direction. Roofs, balconies, decks, patios, cornices, exterior stair- ways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. D. COMMERCIAL USES IN THE SP-8 (RP). Commercial uses shall be permitted in the SP-8 (RP) District subject to the following provisions: l. Commercial uses are permitted on the ground floor only and on the front fifty percent (50%) of the lot. 2. The commercial portion shall be limited to a floor area ratio of 0.25. 3. The total gross floor area for all structures on any site shall not exceed 2.00. 4. Off-street parking for commercial uses shall be as specified in Section 20.65.070 (E). (Ord. 94-44 § 1 (part), 1994). 20.65.050 Governmental, Educational and Institutional Facilities, SP-8 (GEIF) District. It is the intent of this section to provide for the orderly development of public, quasi-public, and institutional uses, or the expansion of existing facilities, within areas designated for these uses in the Land Use Element of the General Plan. A. USE OF LAND OR STRUCTURES. Uses permitted in the Govern- ment, Educational and Institutional District and uses permitted upon the approval of the Planning Director, Modifications Committee, or Planning Commission shall be as provided in Table 20.65 of this chapter. (Ord. 94-44 § 1 (part), 1994). 20.65.055 Governmental, Educational and Institutional Facilities District Development Standards. The following standards shall apply to all properties and developments in the SP-8 (GEIF) District as set forth herein: (Newport Beach 11-94) 468-32z.40p SPECIFIC PLAN DISTRICT 20.65.060-20.65.070 A. SETBACK REQUIREMENTS. The Planning Commission, or City Council upon review or appeal, shall establish front, side, and rear yard setback requirements for each proposed development in conjunction with the approval of a use permit. (Ord. 94-44 § I (part), 1994). 20.65.060 Open Space, SP-8 (OS) District. It is the intent of this section to prohibit intensive urban development of those areas of the City designated for recreational and environmental open space in the Land Use Element of the General Plan. A. USE OF LAND OR STRUCTURES. Uses permitted in the Open Space District and uses permitted upon the approval of the Planning Director, Modifi- cations Committee, or Planning Commission shall be as provided in Table 20.65 of this chapter. (Ord. 94-44 § 1 (part), 1994). 20.65.065 Open Space District Development Standards. The following standards shall apply to all properties and developments in the SP-8 (OS) District as set forth herein: A. SETBACK REQUIREMENTS. The Planning Director or Planning Commission, or City Council upon review or appeal, shall establish front, side, and rear yard setback requirements for each proposed development. (Ord. 94-44 § 1 (part), 1994). 20.65.070 General Regulations. A. PROJECTIONS INTO SETBACK YARDS. Projections into required setbacks shall be permitted as specified below, provided that encroachments into alley setbacks shall provide a mini- mum ground clearance of eight (8) feet. 1. Cornices, eaves, ornamental features, window boxes: two (2) feet, provided such features shall not project closer than two (2) feet from a side property line. 2. Bay and greenhouse windows, located on the first floor and not exceed- ing eight (8) feet in width: two (2) feet, provided such features shall not project closer than two (2) feet from a property line. 3. Raised planters up to eighteen (18) inches in height: eighteen (18) inches, except in an alley setback. 4. Open porches, patios, terraces, platforms, decks and subterranean garages, not more than three (3) feet in height: three (3) feet in a side yard or rear yard. 5. Marquees, awnings, and shades: to the front property line. 6. Columns, vertical supports and raised planters up to eighteen ( 18) inches in height, covering no more than ten percent (I 0%) of the corner setback area. B. PRIVATE ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY. Private encroachments into the public right-of-way may be permitted in accordance with City policy, provided further such encroachments are in compliance with the following criteria: 468-32z.40q (Newport Beach 11-94) 20.65.070 PLANNING AND ZONING I. The encroachment is consistent with the goals, policies, and objectives of the specific area plan. 2. The design and materials of any structures encroaching into the public right-of-way shall be consistent with those of surrounding properties and standards established by the specific area plan. C. AWNINGS, CANOPIES, AND SHADES. Awnings, canopies, and shades may extend over public property, subject to the following conditions: 1. The owner of the property has applied for, and received, an encroach- ment permit issued by the Public Works Department. 2. Such devices meet with the construction, projection and clearance requirements of the Uniform Building Code. 3. Such devices shall not extend more than three (3) feet above or below the floor to which it is attached. 4. Awnings, canopies, and shades shall be constructed of non-combustible frames. Awning, canopy and shades coverings shall consist of an opaque fabric, tested and classified as nonflammable. 5. Such devices displaying advertising shall be subject to the sign regula- tions contained in this section. D. SCREENING OF MECHANICAL EQUIPMENT. All exterior mechani- cal equipment, except solar collectors shall be screened from view on all sides. Screening materials may have evenly distributed openings or perforations averaging fifty percent (50% ). E. OFF-STREET PARKING. Off-street parking shall be provided on the building site as specified in Chapter 20.10 for residential districts and in Chapter 20.33 for non-residential districts, except as provided in this section. 1. Off-Street Parking Required. a. Retail Stores and Specialty Food Uses: l parking space/350 sq. ft. of gross floor area. b. Restaurants: (Newport Beach 11-94) 468-32z.40r 1 parking space/50 sq. ft. of net public area; 1 parking space/35 sq. ft. of net public area when live entertainment is present. Up to 200 sq. ft. of restaurant outdoor seating is permitted without providing additional parking provided the area faces and is open to a public street. SPECIFIC PLAN DISTRICT 20.65.070 2. Special Provisions For Tandem Parking. Tandem parking up to a maximum of two (2) vehicles in depth shall be permitted, subject to the following conditions: a. In the SP-8 (RSC) District, signs shall be posted on the business frontage which advises patrons of the availability and location of parking spaces. The location, size and color of the signs shall be approved by the Planning Director. b. In mixed use development, the enclosure of parking may be permitted, subject to the conditions specified in Section 20.30.030 (C). 3. Roof Parking. In the SP-8 (RSC) District, the parking of vehicles on the roof of a building is permitted with the approval of a use permit. F. BULKHEADS. All bulkheads shall be constructed to an elevation of nine (9) feet above mean low water (6.27 feet above mean sea level). G. FLOOR AREA RATIO, BUILDING BULK AND BUILDING HEIGHT. The total gross floor area and building bulk contained in all buildings on a buildable site in any commercial district shall be as specified in Chapter 20.07, except as provided in this section. The building height limit shall be as specified in Chapter 20.02. 1. Floor Area Ratio Bonus for Lot Consolidation. Developments in the SP-8 (RSC) District which consolidate existing legal lots to provide unified site design shall be granted a floor area bonus in accordance with the following schedule: Consolidated Land Area 7,500 -15,000 sq. ft. 15,000 sq. ft. or more 2. Conversion of Uses. FAR Bonus 0.05 0.10 The Planning Director may approve the conversion of a lawfully existing Maximum FAR use to a Base FAR nse or to a Reduced FAR use, or the conversion of a Base FAR use to a Reduced FAR use upon finding that: a. A significant portion of the traffic generated by the use originates within a mile of the site; or b. A significant portion of the traffic generated by the use consists of pass- by traffic or traffic that is diverted less than a mile from its primary destination; or c. The scope and scale of the use is such that it does not constitute a significant increase in the traffic generation potential; or d. That the use's operational characteristics are such that the conversion will not result in a significant increase in the traffic generation potential. Such characteristics include, but are not limited to, hours of operation, the type of goods or services offered, and the composition of its principal clientele. The Planning Director may require the applicant to provide survey data or other information substantiating the request for the conversion. 468-32z.40s (Newport Beach ll·94) 20.65.080 PLANNING AND ZONING H. PUMP-OUT FACILITIES REQUIRED. On waterfront sites where the proposed use includes public marinas, yacht clubs, boat charters or rentals, sports fishing establishments, commercial fishing facilities, marine service stations, gas docks, boat launching facilities, or other similar uses, either public or private, boat holding tank pump-out facilities shall be provided in each case, unless otherwise approved by the Planning Commission or City Council on review or appeal of a site plan review or use permit. Said pump-out facilities shall have adequate capacity to accommodate all vessels anticipated at each site. Prior to the issuance of building permits, the Marine Director shall approve all plans and specifications of pump-out facilities. I. PUBLIC ACCESS TO BAY FRONT. In approving a site plan review or granting a use permit for development on a building site with frontage along the bay, the Planning Commission or City Council, upon review or appeal, shall require the dedication of vertical and lateral public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. The following standards shall be applied to all lateral and vertical public access easements: 1. Public access easements shall be a minimum of six (6) feet in width. 2. Public access easements may be provided within required setback areas. 3. All dedicated public access easements shall be recorded with the Orange County Recorder's Office in a manner satisfactory to the Public Works Depart- ment. (Ord. 94-44 § 1 (part), 1994). 20.65.080 Reconstruction of Nonconforming Structures. A. Commercial structures in SP-8 (RSC) District that have been rendered nonconforming due to gross floor area or parking may be permitted structural alterations or demoli- tion and reconstruction, involving up to one hundred percent (100%) of the existing gross floor area, subject to the following conditions: 1. Verification by the Planning Director of the gross floor area of the structure legally in existence shall be required prior to the issuance of building permits for alteration or reconstruction. 2. Alteration or reconstruction of structures shall conform with all current SP-8 (RSC) District land use regulations and development standards, with the exception of floor area ratios and required parking for commercial uses. 3. Residential development shall be permitted within the preexisting gross floor area limits structure area pursuant to Section 20.65.035 (F) of this Chapter. 4. Off-street parking for residential development shall be provided on the building site as specified in Section 20.65.035 (F-7). 5. Alteration or reconstruction shall not result in a reduction in the amount of off-street parking that existed on the site prior to alteration or reconstruction. (Newport Beach 11-94) 468-32z.40t SPECIFIC PLAN DISTRICT 20.65.090 6. Reduced F.A.R. uses legally in existence within a period of six (6) months prior to alteration or reconstruction shall be permitted provided there is no increase in floor area devoted to those uses. All new uses shall be limited to base F.A.R. and maximum F.A.R. uses. 7. A Coastal Residential Development Permit (CRDP) shall be required pursuant to the provisions of Chapter 20.69 should the alteration or reconstruc- tion of structures result in the following: a. The demolition or conversion of eleven (11) or more dwelling units in two or more structures; or b. The demolition or conversion of three (3) or more dwelling units in one structure; or c. The construction of ten (IO) or more new dwelling units. B. COMBINING OF LOTS AND PARCELS. Lots and parcels in SP-8 (RSC) District with commercial structures that have been rendered nonconform- ing due to gross floor area or parking may be combined and structural alter- ations or demolition and reconstruction of said structures into new designs and configurations may be permitted provided the provisions of this Section are met and the owner or owners of said lots or parcels has caused to be executed and recorded a covenant and agreement to hold said lots or parcels as a single building site. (Ord. 94-44 § l (part), 1994). 20.65.090 Public Improvement Component. The following are the public and private improvement projects for the Central Balboa Specific Area Plan area. Projects are listed by priority, with a general description of each project. The City's ability to fund its share of each project, where applicable, is based upon the allocation of limited financial resources throughout the City. Each year during the preparation of the City's annual budget, the City Council will determine which projects or portion thereof are to be funded by the City, their costs, and specific schedule for implementation. For those projects using gas taxes or other sources of revenue for a portion of the funding, the specific projects to be funded must also be determined annually, based upon the availability of funds and demand from other projects throughout the City. Design and materials shall be determined through the capital improvement program process. This shall include public meetings to receive comments from affected parties. Final approval of plans, including, but not limited to streetscape improvements, significant alterations to the Balboa Pier parking lot, and traffic signalization on Balboa Boulevard, shall be made by the City Council. A. PRIORITY I: IMPLEMENTATION WITHIN TWO YEARS. 1. BALBOA BOULEY ARD, 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 JOO, 200, and 300 blocks of Main Street; the north and south sides of the 800 block of East Bay A venue; and the west side of the JOO, 200, 300 blocks of A Street. These improvements include 12.5% flashed brickpavers and 468-32z.40u (Newport Beach ll~94) 20.65.090 PLANNING AND ZONING 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 A venue and Main Street. These improvements include 66% 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 A VENUE 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 BOULEY ARD, 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 A venue; and the west side of the 100, 200, 300 blocks of A Street. 4. MAIN STREET LANDSCAPING IMPROVEMENTS. Install additional street trees, where appropriate, on the east and west sides of the 100, 200, and 300 blocks of Main Street. Existing trees shall be maintained unless public safety or a diseased condition warrants removal. Tree wells are to be flush- mounted with steel grating with brick paver trim and/or brick surfaces. 5. MAIN STREET FURNISHINGS. Install new benches and trash recepta- cles on the east and west sides of the 100, 200, and 300 blocks of Main Street. 6. UNDERGROUND UTILITIES ON BALBOA BOULEY ARD, 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 BOULEY ARD, MAIN STREET, EAST BAY A VENUE, 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. (Newport Beach 11-94) 468-32z.40v ( ~ .... J SPECIFIC PLAN DISTRICT 20.65.090 b. Inbound circulation at Palm Street, outbound circulation at Washington Street, if required by revised circulation plan. c. A widened entry aisle, if required by revised circulation plan. d. Restricting Main Street to bus, local business patron, and service vehicle traffic, if required by revised circulation plan. e. Relocation of the bus stop/layover to the pier area at Main Street. f. A minimum six (6) feet wide landscaped buffer between the parking lot and adjacent residential areas of sufficient design and materials to reduce glare from automobile headlights without further obstructing existing views. B. PRIORITY II: IMPLEMENTATION BETWEEN TWO AND FIVE YEARS. 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 % flashed brick pavers and a rock salt finish. Additional improvements are to be installed on sidewalks at the intersection of Palm Street and East Bay Avenue. These improvements include 66% red flashed pavers and rock salt finish. 2. PALM STREET AND EAST BAY A VENUE CROSSWALKS. Install special paving treatment at pedestrian crossings at the intersections of Palm Street and Balboa Boulevard and at Palm Street and East Bay Avenue. 3. PALM STREET LIGHTING. Install decorative street light fixtures with vertical banners on the east and west sides of the 100, 200, and 300 blocks of Palm Street. 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 recepta- cles, and planters and trees on the approach to the Balboa Pier. 7. TRAFFIC CONTROL AND DIRECTIONAL SIGNS ON PALM STREET. Install traffic control, directional and other public signs on the 100, 200, and 300 blocks of Palm Street. 8. UNDERGROUND UTILITIES ON PALM STREET. 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 A VENUE, WASHINGTON STREET SIDEWALK IM- PROVEMENTS. 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 468-32z.40w (Newport Beach 11-94) 20.65.090 PLANNING AND ZONING sides of the 100, 200, and 300 blocks of Washington Street. These improve- ments include 12.5% flashed brick pavers and a rock salt finish. 2. EAST BAY A VENUE 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 A VENUE, WASHING- TON 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 A venue; 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 A VENUE 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. I. UNDERGROUND UTILITIES IN REMAINING ALLEYS. 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. (Ord. 94-44 § 1 (part), 1994). TABLE 20.65 TYPE OF USE RSC R-2 MFR RP GEIF OS Additional Regulations Residential Uses Single-Family Dwellings YES YES YES YES NO NO (A) Two-Family Dwellings YES YES YES YES NO NO (A) Multi-Family Dwellings YES NO YES NO NO NO (A) Congregate Residences Congregate Care Facilities UP NO NO NO NO NO Elderly Residential UP UP UP UP NO NO Group Residential NO NO NO NO NO NO Single Room Occupancy UP NO NO NO NO NO Public Semi-Public Uses Churches, Synagogues, and Temples YES/L-1 NO NO NO UP/L-2 NO Civic Centers NO NO NO NO UP/L-2 NO (Newport Beach 11-94) 468-32z.40x ( \ \ .. SPECIFIC PLAN DISTRICT 20.65.090 Community Centers UP UP/L-3 UP/L-3 NO UP/L-2 UP Daycare Facilities UP NO NO NO UP/L-2 NO Fire Stations and Police Stations UP NO NO NO UP/L-2 NO Hospitals NO NO NO NO UP/L-2 NO Libraries NO NO NO NO UP/L-2 NO Lodges/Community Service Organizations UP NO NO NO UP/L-2 UP Museums NO NO NO NO UP/L-2 NO Post Offices (Federal) NO NO NO NO UP/L-2 NO Reservoirs NO NO NO NO UP/L-2 NO Schools, Public or Private NO NO NO NO UP/L-2 NO Social Halls UP NO NO NO UP/L-2 NO Transit Facilities UP NO NO NO UP/L-2 NO Utility Substations, Public and Private UP UP/L-3 UP/L-3 NO UP/L-2 UP Animal Sales and Services Animal Hospitals UP NO NO NO NO NO Pet Shops UP NO NO NO NO NO Dog Groomers UP NO NO NO NO NO Art or Instructional Facilities Art Studios YES NO NO YES NO NO Dance Studios UP NO NO UP NO NO Handicraft Establishments YES NO NO YES NO NO Music/ Art Studios UP NO Nb UP NO NO Photography Studios YES NO NO YES NO NO Private Instructional Facilities UP NO NO UP NO NO Automobile -Related Uses Auto Rental (Office Only) YES NO NO NO NO NO Commercial Parking UP UP/L-4 UP/L-4 UP/L-4 NO NO Municipally-Operated Parking Lots YES UP UP UP NO NO Banks and Savings and Loans Banks/Lenders YES NO NO NO NO NO Food Uses Restaurants UP NO NO NO NO NO (B) Specialty Food Service PD NO NO NO NO NO (B), (C) Take Out Restaurants UP NO NO NO NO NO (B), (C) 468-32z.40y (Newport Beach 11-94) 20.65.090 PLANNING AND ZONING Marine Uses Boat Charter (Boats Present) UP NO NO NO NO NO Boat Sales (Boats Present) UP NO NO NO NO NO Marine Service Station UP NO NO NO NO NO Personal Services Acupuncture YES NO NO YES NO NO Barbers YES NO NO YES NO NO Beauty Parlors YES NO NO YES NO NO Cleaners/Laundries (Limited) YES/L-5 NO NO NO NO NO Cleaners/Laundries UP NO NO NO NO NO Fortune Telling YES NO NO YES NO NO Laundromats YES NO NO NO NO NO Massage Parlor YES NO NO NO NO NO Mortuaries UP NO NO NO NO NO Repair of Small Appliances YES NO NO YES NO NO Shoe Repair YES NO NO YES NO NO Tailors YES NO NO YES NO NO Other Personal Services YES NO NO YES NO NO -/ ' Professional Services \ Accountants YES NO NO YES NO NO \, Attorneys YES NO NO YES NO NO Chiropractors YES NO NO YES NO NO Dental Office YES NO NO YES NO NO Engineers YES NO NO YES NO NO Interior Decorators YES NO NO YES NO NO Marine-Related Office, Including: YES NO NO NO NO NO Boat Charter (Office Only) YES NO NO NO NO NO Boat Sales (Office Only) YES NO NO NO NO NO Medical Office YES NO NO YES NO NO Printers YES NO NO NO NO NO Realtors/Escrow YES NO NO YES NO NO Other Professional Services YES NO NO YES NO NO Public Assembly/Clubs Auditoriums UP NO NO NO NO NO Service Clubs UP NO NO NO NO NO Social Clubs UP NO NO NO NO NO Theaters UP NO NO NO NO NO Yacht Club UP NO NO NO NO NO (Newport Beach 11-94) 468-32z.40z SPECIFIC PLAN DISTRICT 20.65.090 Youth Centers UP NO NO NO NO NO Recreational Facilities BiJliard Parlors UP NO NO NO NO NO Gyms UP UP/L-3 UP/L-3 NO NO NO Health Club/Aerobics Studios UP UP/L-3 UP/L-3 NO NO NO Parks and Playgrounds UP UP/L-3 UP/L-3 NO NO YES Recreational Facilities UP UP/L-3 UP/L-3 NO NO YES Retail Uses Art Galleries YES NO NO ANC NO NO Appliance Stores YES NO NO NO NO NO Bakeries YES NO NO NO NO NO Book Stores YES NO NO NO NO NO Clothing Stores YES NO NO NO NO NO Delicatessens YES NO NO NO NO NO Department Stores YES NO NO NO NO NO General Retail Sales YES NO NO NO NO NO Gift Shops YES NO NO ANC NO NO Hard\Vare Stores YES NO NO NO NO NO Je\Velry Stores YES NO NO ANC NO NO Mini-Marts YES NO NO NO NO NO Outdoor Sales UP NO NO NO NO NO Pharmacies YES NO NO NO NO NO Plant Nurseries YES NO NO NO NO NO Retail Marine Sales YES NO NO NO NO NO Shoe Stores YES NO NO NO NO NO Specialty Shops YES NO NO ANC NO NO Supermarkets YES NO NO NO NO NO General Retail Sales YES NO NO NO NO NO Visitor Accommodations Bed and Breakfast Inns UP NO NO NO NO NO Hotels UP NO NO NO NO NO Motels UP NO NO NO NO NO Other Uses Helistops Up To 90 Days PD UP UP NO NO NO (D) Helistops Over 90 Days UP NO NO NO NO NO Outdoor Lighting UP UP UP UP NO NO (E) Relocatable Buildings NO NO NO NO NO NO (F) Temporary Uses Up To 90 Days PD NO NO NO NO NO (G) 468-32z.40aa (Newport Beach 11-94) 20.65.090 PLANNING AND ZONING Temporary Uses Over 90 Days Watchman/Caretaker Residence YES = PERMUTED UP NO NO U/A NO NO ANC = PERMITTED IF ANCILLARY NO NO NO (G) NO NO NO MOD = SUBJECT TO APPROVAL OF THE MODIFICATIONS COM- MITTEE PD = SUBJECT TO THE APPROVAL OF THE PLANNING DIREC- TOR UP = PERMITTED WITH USE PERMIT U/A = PERMITTED WITH USE PERMIT IF ANCILLARY TO AN AL- LOWABLE USE NO = PROHIBITED The letter "L" references certain limitations prescribed under "Limitations on Specified Uses." Letters in parentheses in the "Additional Regulations" column refer to "Additional Regulations" following the table. ( Limitations on Specified Uses L-1 Freestanding structures not permitted. L-2 In GEIF, approval of a Use Permit in accordance with the provisions of Chapter 20.80 of the Municipal Code is required for the establish- ment 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 govern- mental agency that is exempted from the provisions of this Section by constitutional or statutory law, and is acting in its governmental capacity. (Ord. 88-27, August 24, 1988). L-3 Limited to facilities developed as part of a residential development. L-4 Permitted only when adjacent to a commercial district. L-5 No plant on premises, limited to collection only. (Newport Beach 11-94) 468-32z.40bb SPECIFIC PLAN DISTRICT 20.65.090 Additional Regulations A. For the RSC District, see Section 20.65.035 (F): Residential Develop- ment. B. See Chapter 20.72: Restaurants. C. See Section 20.65.030 (B): Special Findings For Food Uses. D. Heliports and helistops. No helicopter shall land or take off and no heliport or helistop shall be established within the Central Balboa Specific Plan District unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The Planning Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if he determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area and he may attach appropri- ate conditions to such approval. E. Outdoor lighting. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. (Ord. 1446; Jnne 26, 1972). F. Relocatable (portable) buildings. No building permit or relocation permit shall be issued for the erection or placement of a relocatable building unless the applicant for said building permit has first applied for and obtained a use permit from the Planning Commission to maintain said relocatable building at a specific location (Ord. 1774 (part), § 3, 1978). G. See Section 20.33.025: Temporary Uses and Structures. (Ord. 94-44 § 1 (part), 1994). 468-32z.40cc (Newport Beach 2-95) I [ ~ _.. °' 00 ' '-" IV N ~ Q. Specific Area Plan #8 Central Balboa Land Use Map 9.{_ewport 'Bag r~B·--~~~-·-·_ .. ~-~-·B·_ ........ -.. ~-~-··-·~-··-:;_.";'.:~,-··_ .... -_ .. . ' ! -' SP-8 (RSC) I SP-8 (RSC) I J [sP-S(R-2), ~ ·. ·. . -1-.::::.+;;i w~ -, ·. ~ ' -.: ; " ··• I "'•'""'~..-·-••'' .. ooMJ' '1 '~~-! j ~-B(R-2 rn 'J' rnel, ~-&(RSC rn~ • • •• ~ 0. !l; ~ SP-8 (R-Z) ~ ~ SP-8 (R-Z) SP-&( ~ °'_.~""'""' s s l s SP 8 SP-8 (RSC) i ------------' I S SP-8 (RSC) ~ -(RSC) Nm ~ ~ ~tes .. ~.~-:i \" ~,,..,,I '""'' \.:'.?"~~ .\ ------~---\ .,.,, ... ~ -________,;;:; • . SP-8 (OS) ' . . \ . ' . . ' . \ SP-8 (GEIFLJ. \ --~ SP-8 (GEJF) SP-8 (OS) __ ----------~ ~-• ____ Pacific Ocean ___ ;_ ___ . ______ _ /~. \'-. -. ' SP-8 (OS) t!l I ~ i ' MASSAGE ESTABLISHMENTS 20.68.005-20.68.020 PART VII. SPECIAL USE REGULATIONS Sections: 20.68.005 20.68.010 20.68.020 20.68.025 20.68.030 Chapter 20.68 MASSAGE ESTABLISHMENTS Intent And Purpose. Definitions. Massage Establislunents As An Accessory Use. Massage Establislunents As An Independent Use. Amortization. 20.68.005 Intent And Purpose. It is the purpose of this Chapter to establish reasonable and uniform regulations which will serve to protect the health, safety, peace, morals, comfort or general welfare of the community by dispers- ing the location of massage establishments, as defined herein, thereby prevent- ing their continued concentration within certain noncommercial areas of the City of Newport Beach and by establishing specific Zoning Districts in which such establislunents 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 establislunents that may act as fronts for prostitution and other illegal activity. (Ord. 92-2 § 2 (part), 1992). 20.68.010 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. "Massage Establishment" shall mean any business conducted within the City of Newport Beach where any person, for money or any other consider- ation, administers to another person a massage as defined in Section 5.50.010 of the Newport Beach Municipal Code. B. "Establislunent" shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any "massage establishment" use, the expansion of any existing business, the alteration or enlargement of any existing business, or any of the uses within such a business, or any addition to existing uses within an existing business. (Ord. 92-2 § 2 (part), 1992). 20.68.020 Massage Establishments As An Accessory Use. A massage establislunent 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 468-32z.4 l (Newport Beach I 0-93) 20.68.025-20.68.030 PLANNING AND ZONING 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 twenty-five percent of the floor area of the related health or athletic activities of the primary use. (Ord. 92-47 §2, 1992: Ord. 92-2 § 2 (part), 1992). 20.68.025 Massage Establishments As An Independent Use. A massage establishment which operates as an independent use, shall be permitted in the C-0, C-1, C-2 Districts, M-1-A District, RMC. RSC and APF Districts, commer- cial areas of P-C Districts and commercial areas of the SP-4 (Newport Shores Specific Plan) and SP-5 (Mariner's Mile Specific Plan) Districts, subject to the securing of a use permit in each case, and provided further that such establish- ment conforms to the following: A. Location Requirements. Notwithstanding any other provision of the Newport Beach Municipal Code. no use permit shall be approved by the City of Newport Beach for any massage establishment if the proposed site is located: I. 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 autho- rized agent may apply for a waiver of the location restrictions contained in this Section. The Planning Commission, after a public hearing, or City Council on appeal or review, may waive any location restriction, if all the following findings are made: I. The proposed use will not be contrary to the public interest or injurious to nearby properties. and that the spirit and intent of this Section will be observed; and 2. The proposed use will not enlarge or encourage the development of an urban blight area; and 3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal: and 4. The use at the proposed location will not adversely affect the use of a place used exclusively for religious worship, school, park or playground: and 5. All applicable regulations of this Newport Beach Municipal Code will be observed. (Ord. 93-1 § 2, 1993: 92·46 § 3, 1992: Ord. 92-2 § 2 (part), 1992). 20.68.030 Amortization. Any massage establishment as defined in this Chapter which was lawfully in existence as of the effective date of this Ordi- nance which does not comply in whole or in part with the provisions of this Chapter, shall be terminated or otherwise be brought into full compliance within one year of the effective date of this Ordinance. For those establishments which cannot be brought into compliance with these provisions because they are not in an approved district, the use may be extended for only one additional period (Newport Beach 10-93) 468-32z.42 INCOME HOUSING WITHIN COASTAL ZONE 20.68.030 of time, to be established by the Planning Commission, upon a showing by the applicant that such extension is reasonably necessary to permit the owner of the massage establishment to amortize or otherwise recover any long term investment in the massage establishment. Any request for an extension of the one year amortization period must be made in writing by the owner of the massage establishment to the Planning Commission by filing a request with the secretary of the Planning Commission not later than sixty (60) days prior to the end of the one year period provided for in this Section. The Planning Commission may grant an extension of up to one additional year if the business is otherwise in compliance with all other applicable provisions of law, and upon a showing by the applicant: A. That the business involves a substantial financial investment in real property, improvements or stock in trade, or B. The business is subject to a written long term lease entered into prior to January 14, 1991 with a termination date extending beyond one year from the effective date of this Ordinance, or C. Other factors establishing the nature of the business is such that the business cannot be easily relocated. (Ord. 92-2 § 2 (part), 1992). Chapter 20.69 LOW AND MODERATE INCOME HOUSING WITHIN THE COAST AL ZONE Sections: 20.69.010 20.69.020 20.69.030 20.69.035 20.69.040 20.69.050 20.69.060 20.69.070 20.69.080 20.69.090 Intent. Definitions. Coastal Residential Development Pem1it Required. Exemptions. Application for a CRDP-Fee. Affordable Housing Requirement. Affordable Housing Agreement. Public Hearing-Notice. Appeal. Right of Review by City Council. 468-32z.43 (Newport Beach 5-92) INCOME HOUSING WITHIN COASTAL ZONE 20.69.010-20.69.035 20.69.010 Intent. The City of Newport Beach is responsible for the admin- istration 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 (CROP). The purpose of the CROP is to ensure compliance with State Law by maximizing low and moder- ate income housing opportunities within the Coastal Zone of Newport Beach. (Ord. 89-36 § I (part), 1989). 20.69.020 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: (a) Conversion -Conversion means a change of ·a dwelling unit to a condominium, cooperative, or a similar fom1 of ownership; or a nonresidential use. (Ord. 89-36 § l (part), 1989). 20.69.030 Coastal Residential Development Permit Required. A CRDP is required in order to conduct any of the following activities within the Coastal Zone: (I) The demolition or conversion of 11 or more dwelling units in two or more structures: or (2) The demolition or conversion of 3 or more dwelling units in one struc- ture; or (3) The construction of IO or more new dwelling units. (Ord. 89-36 § (part), 1989). 20.69.035 Exemptions. The following activities are exempt from the requirement of a CROP: (I) 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 30IO1.3 of the Public Resources Code. The "coastal dependent" or "coastal related" uses must be consistent with the provisions of the City of Newport Beach's Local Coastal Program Land Use Plan. (2) The demolition of any residential structure which has been declared to be a public nuisance under the provisions of Division 13 (commencing with Section 17000) of the Health and Safety Code. (3) The reconstruction of any nonconfom1ing building damaged by fire, earthquake or other calamity when a use pennit is not required pursuant to Section 20.83.060. (Ord. 89-36 § I (part), 1989). 468-33 t!\'ewport Beach 5·92) 20.69.040-20.69.060 PLANNING AND ZONING 20.69.040 Application for a CROP -Fee. Applications for a CRDP shall be filed in the Planning Department in writing on fonns prescribed by the Planning Director. The application shall be accompanied by an application fee and an administration fee based on the projected number. of low or moderate income dwelling units to be provided. Should the actual number of low and moderate income dwelling units differ from that projected a refund shall be made or an additional fee shall be collected. When a feasibility study is conducted the total cost of the study plus a processing fee shall also accompany the application. These fees shall be established by resolution of the City Council. The application fee shall be a single flat fee based on the cost of processing a CROP. The administration fee shall be per low and moderate income dwelling unit based on the cost of administering an affordable housing requirement The feasibility study processing fee shall be a percentage of the total feasibility study cost and shall be based on the cost of processing a study. Application for a CROP may be signed by the property owner or owners, a lessee or lessees possessing an appropriate lease, or an agent with written authorization from the owner of the property affected. (Ord.· 89-36 § 1 (part), 1989). 20.69.050 Affordable Housing Requirement. When demolition or conver- sion 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 lO or more units when low and moderate income dwelling units are not proposed at the affordability standards contained in the Housing Element of the Newport Beach General Plan. The test of feasibility shall be initially conducted at the Housing Element standard and then at progressively higher standards contained in State Health and Safety Code Section 50093. (Ord. 89-36 § 1 (part), l 989). 20.69.060 Affordable Housing Agreement. The City and owner of the low and moderate income dwelling units provided shall enter into an affordable housing agreement governing the dwelling units and that agreement shall be recorded against the property. (Ord. 89-36 § l (part), l 989). (Newpll!'l Bca~h 5-92) 468-34 INCOME HOUSING WITHIN COASTAL ZONE 20.69.070-20.69.090 20.69.070 Public Hearing -Notice. A public hearing shall be held before the Planning Commission on all CROPs. A CROP shall not become effective for twenty-one (21) days after being granted. If an appeal is filed or the City Council exercises its right of review the CROP shall not become effective until a decision granting the CROP is made by the City Council. Notice of the Public Hearing shall be mailed to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. This notice shall be mailed not less than ten (! 0) days before the hearing date. The notices shall be postage paid and use addresses from the last equalized assessment roll or from other records, acceptable to the City, that have more recent addresses. It is the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of the property owners as required by this sec- tion. In addition to the mailed notice the subject property shall be posted in not less than two (2) conspicuous places on or close to the property not less than ten ( l 0) days prior to the public hearing. When low and moderate income dwelling units are proposed for an off- site location the notice and posting requirements shall also apply to the property upon which the low and moderate income dwelling units are to be located. Additional notice need not be given if a public hearing is continued at the public hearing noticed and if the date of the continued hearing is an- nounced in open meeting. (Ord. 89-36 § l (part), 1989). 20.69.080 Appeal. If the applicant, any other person, firm or corpora- tion is not satisfied with the action of the Planning Commission the action may be appealed to the City Council by filing a written notice of appeal with the City Clerk within twenty-one (21) days after the Planning Commission action. The notice of appeal shall be accompanied by a fee established by resolution of the City Council. The appeal fee shall be based on the cost of processing the appeal. The City Clerk shall set a public hearing date for the appeal and give notice in the manner specified in Section 20.69.070. The City Clerk shall also notify the appellant, the applicant when different than the appellant and the Planning Commission of the date set for the Public Hearing. Upon receiving notice of the appeal to the City Council, the Planning Director shall submit a written report of the Planning Commission proceedings, in- including all maps, letters, exhibits and other documentary evidence con- sidered by the Planning Commission in reaching a decision to the City Clerk. (Ord. 89-36 § l (part), 1989). 20.69.090 Right of Review by City Council. The City Council, on its own motion, adopted by four affirmative votes, may elect to review any decision of the Planning Commission granting a CROP. The City Council's 468-34a (Newport Beach 4-90) 20.69.090 PLANNING AND ZONING right of review may be exercised at any time prior to the expiration of twenty-one (21) days from the date on which the Planning Commission takes its action. In any CRDP proceeding in which the City Council exercises its right of review, the City Clerk shall set a public hearing date and give notice in the manner specified in Section 20.69.070. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Plan- ning Commission proceedings, including all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision to the City Clerk. (Ord. 89-36 § 1 (part), 1989). (Newport Beach 4-90) 468-34b AUTOMOBILE SERVICE STATIONS 20.70.010-20.70.030 Sections: 20.70.010 20.70.020 20.70.030 20.70.040 20.70.050 20.70.060 20.70.070 20.70.080 20.70.090 Chapter 20. 70 AUTOMOBILE SERVICE STATIONS Intent. Definitions. Use Permit Required. Application Contents. Activities and Operations Permitted. Development Standards for New Service Stations. Existing Structures and Uses. Discontinued Use. Appeal. 20.70.010 Intent. In order to promote and preserve the public health, safety, convenience, general welfare and general prosperity, it is the intent of this ordinance that automobile service stations shall not create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development and redevelopment of the surrounding area as reflected by the General Plan, Zoning Regulations or specific plans approved by the City. (Ord. 1657 (part), 1976). 20.70.020 Definitions. As used in this chapter, the following terms shall have the meanings indicated: (a) Automobile Service Station -The term "Automobile Service Station" shall mean a retail place of business engaged in the sale of fuel and servicing of motor vehicles, including those activities and operations as specified in Section 20.70.050, but excluding major automobile repairs. (b) Major Automobile Repairs-The term "Major Automobile Repairs" shall mean any extensive work involving the disassembly and/or overhaul of the engine, clutch, transmission or differential. Also, body, frame and fender repair, painting, welding, upholstery work, tire recapping, glass replacement or similar activities shall be considered as major repair work. (Ord. 1657 (part), 1976). 20.70.030 Use Permit Required. Automobile service stations may be permitted in the C-N, C-0, C-1, C-2, M-1, M-1-A, RMC, RSC, and U Districts, subject to the requirement of a use permit for each development. The procedure governing the issuance of all use permits for such developments shall be governed by the provisions of this chapter and Chapter 20.80, entitled "PER- MITS." (Ord. 92-46 §4, 1992: Ord. 1657 (part), 1976). 468-35 (Newport Beach 2-93) 20.70.040-20.70.050 PLANNING AND ZONING 20. 70.040 Application Contents. An application for an automobile service station shall be in the form of a use permit application and shall be accompanied by the following information, maps and plans: (a) A plot plan of the property, drawn to scale, showing location of all buildings, canopies, on-site access and drives, pump islands, storage facilities, planting areas, exterior lighting standards, signs, walls, parking spaces, enclosed trash areas, curb cuts and driveway approaches. (b) Elevations, drawn to scale, including all building and sign faces and materials, textures and colors. (c) A grading plan, indicating how the property is to be graded and drained. (d) A landscape and irrigation plan showing the size, location and variety of plant materials to be used, including the botanical and common plant names of each, and the location, type and design of all irrigation systems. ( e) Such other plans, drawings and information as the Director of Community Development reasonably may require. (Ord. 1657 (part), 1976). 20.70.050 Activities and Operations Permitted. Activities and operations shall be subject to the following restrictions: (a) In addition to the dispensing of gasoline, oil, air and water, the following operations are permitted uses when conducted entirely within an enclosed building without the use of an open flame and in such manner so as not to be a nuisance or of detriment to the occupants of adjacent properties: 1. Changing of engine oil and filters. 2. Lubrication of motor vehicle chassis. 3. The cleaning of component parts. 4. Brake adjustment and replacement. 5. Mechanical or hand car washing and detailing shall be permitted provided that it is conducted in such manner so as not to be a nuisance or a detriment to the occupants of adjacent properties. 6. Front-end alignments (unless facilities exist outside the building on the effective date of this ordinance). 7. Soft drinks, candy, and cigarettes and other miscellaneous convenience items sold via dispensers at stations constructed subsequent to the enactment of this ordinance. (b) The dispensing of gasoline, oil, air and water from pump islands, and the following activities and items offered for sale or rent are permitted outside of a building: I. Six (6) rental trailers having maximum bed dimensions of 6 ft. X 10 ft. each, only provided such use was in existence on the effective date of this ordinance. The location and screening of trailer storage shall be approved by the Community Development Director. 2. Automobile rental, provided that the automobiles are not parked on public streets. (Newport Beach 2~93) 468-36 AUTOMOBILE SERVICE STATIONS 20.70.060 3. Tire display as follows: One (1) rack containing not more than a number equivalent to four (4) tires per pump island, plus not more than four (4) tires, in racks, on each pump island. There shall be a maximum display of not more than twenty (20) tires. 4. Trash areas, enclosed by walls, to be integrated with the design of the service station. 5. Public telephones, provided they are well lighted, are in a location which is visible from the street, and are accessible on a twenty-four-hour basis. 6. Any testing or servicing of automobiles which necessitates a running engine. 7. The sale and installation of batteries and minor automotive accessories. 8. The sale, mounting and repair of tires. 9. The testing, adjustment and replacement of parts. 10. The sale of soft drinks, candy, cigarettes, ice and similar items via dispensers at stations constructed prior to the enactment of this ordinance. 11. The servicing of air-conditioners. 12. The servicing of air pollution control devices. 13. Lamp adjustment. (c) Operating provisions shall include the following restrictions: I. Parking on site is prohibited except for such vehicles as are in the process of being serviced, those belonging to employees, those belonging to customers using a restroom, and service trucks owned by the establishment. Rental cars and trailers may be parked on site subject to the provisions of Section 20.70.050(b)(l) and (2). 2. No vehicle waiting for service shall be parked for a period longer than twenty-four (24) hours on the station site unless in the process of being serviced. No vehicle shall be considered to be in the process of being serviced for a period longer than one (1) week. 3. Gasoline tanker trucks shall not obstruct the public right-of-way during delivery. (Ord. 91-49 § 1 (part), 1991: Ord. 1657 (part), 1976). 20.70.060 Development Standards for New Service Stations. The follow- ing development standards shall apply to all automobile service stations constructed on new sites subsequent to the effective date of this ordinance and to remodeling or rebuilding existing stations as provided in Section 20.70.070(d). (a) Location -All service station sites shall front on streets designated as major, primary or secondary on the City Master Plan of Streets and High- ways unless the sites are part of or in conjunction with developments such as shopping centers in residential areas. (b) Site Size -The site shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and storage as provided in this chapter. 468-37 (Newport Beach l ·92) 20.70.060 PLANNING AND ZONING (c) Parking-A minimum of five (5) parking spaces for each service bay shall be provided. Establishments which do not include service bays shall provide a minimum of four ( 4) parking spaces. All such parking spaces shall be marked clearly and shall meet all City codes and standards as to size and accessibility. ( d) Setbacks -All buildings shall be set back from interior property lines a minimum of eighteen (18) feet and exterior property lines a minimum of thirty (30) feet except that pump islands may be located a minimum of twenty (20) feet from all exterior property lines, and pump island canopies may project to within five (5) feet of exterior property lines. On-site driveways all should be a minimum of twenty-five (25) feet for two-way traffic or eighteen (18) feet for one-way circulation. (e) Access -Driveways shall be so designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb. All driveways shall be located and constructed according to the City of Newport Beach Driveway Approach Policy. Driveways for service stations which are developed as part of or in conjunction with adjacent uses shall be located as part of the total circulation element of such adjacent uses. Provisions for on-site stacking lanes shall be made. (f) Utilities -All utilities shall be installed underground within the exterior property lines of the site. (g) Drainage -All drainage to the street shall be by underground struc- tures to avoid drainage across City walks or drive aprons, and shall be subject to approval by the Director of Public Works. (h) Noise Buzzers and amplified signaling bells are to be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring when the service station site abuts residentially zoned property or property used for residential purposes. (i) Architectural Design-The siting and architectural design of a service station building shall be, at a minimum, compatible with existing or planned improvements and the character of the area in which it is to be located. Unique design concepts are encouraged. (j) Landscaping -At least fifteen (15) percent of the site shall be land- scaped with plant materials designed to provide beautification and screening. Planting areas shall include but not be limited to the following: 1. Five-foot-wide planters between driveway approaches, separating pump islands for their entire length from the sidewalk or public right-of-way. 2. A planting area at the "exterior" comer of the site from curb cut to curb cut at the intersection. 3. A series of tree wells, each located a maximum distance of thirty (30) feet on center along all interior property lines, having a minimum inside dimension of four ( 4) feet to any one side of the planting area and containing at least one fifteen (15) gallon tree of an approved variety. (Newport Beach 1-92) 468-38 ( \._ ./ AUTOMOBILE SERVICE STATIONS 20.70.070 Plant materials shall be chosen for their screening qualities, beauty and durability. Plantings shall include a mixture of trees, shrubs and groundcovers. City parkway areas shall be provided with groundcover and street trees as per City standards. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. Landscape planting and sprinkler irrigation plans and specifications shall be submitted by the applicant and approved by the Community Development Director prior to the issuance of a building permit. (k) Perimeter Walls -Service station sites shall be separated from abutting residentially zoned property or property used for residential purposes by six-foot-high masonry walls utilizing materials similar in color, module and texture to those utilized in the building. Such walls shall be reduced to three (3) feet in height within adjacent street setback areas. Such walls shall not be installed when building walls or other acceptable walls already exist on such property lines. (I) Lighting -All lighting fixtures shall be located so as to shield direct rays from adjoining properties. Luminaires shall be of a low level, indirect diffused type and shall not exceed a height of greater than twenty (20) feet above finished grade. (m) Signs in accordance with Chapter 20.06. (n) Rest Rooms-One men's restroom and one women's rest room shall be provided to the general public during all hours of operation. All rest rooms with exterior entrances shall be located to the side or rear of the building with all entrances screened from public view by landscaping or a six (6) foot high wall of materials in harmony with those utilized in the building. (o) Storage -All products and merchandise, except as permitted in Section 20.70.050(b), shall be stored within the main building. (p) Dispensing Machines -If dispensing machines are used, space shall be provided inside the building for any machines to be used for the dispensing of soft drinks, candy, cigarettes, ice and similar items. (q) Additional Requirements -It shall be required as a condition of a use permit that the grantee provide the oil company, the property owner and/or lessee each with a copy of the conditions embodied in the permit, and receive a written receipt therefor, so that there shall be no person operating the premis- es 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 oil company and the operator of the station in order to assure compliance. (Ord. 91-49 § 1 (part), 1991: Ord. 1753 § 27, 1977; Ord. 1657 (part), 1976). 20.70.070 Existing Structure and Uses. The provisions of Chapter 20.83 entitled "Nonconforming Structures and Uses" shall be applicable to automobile 468-38a (Newport Beach 1-92) 20.70.070 PLANNING AND ZONING service stations as defined in this chapter, except as amended by the following regulations: (a) Existing Uses -Cessation of Use -The lawful use of land or building or both for the purpose of operating an automobile service station, which use is in existence on the effective date of this Chapter, may be contin- ued without compliance with the requirements of a use permit provided that, if any such use shall cease for a continuous period of six (6) months, such use shall be considered abandoned and the Planning Commission shall have the authority to require the property owner to remove all existing structures from the site or obtain a use permit pursuant to Section 20.70.040 of this Chapter. (b) Restoration of Damaged or Destroyed Building -Any building in use as an automobile service station on the effective date of this Chapter which is damaged or destroyed by fire, explosion, earthquake or other act, to an extent of seventy-five (75) percent of the appraised value thereof, according to the assessment by the assessor for the fiscal year during which such destruction occurred, may not be restored without the requirement of a use permit. (c) Maintenance, Repairs and Structural Alterations -Maintenance, repairs and structural alterations can be made to any building in use as a gasoline service station on the effective date of this Chapter provided that such maintenance, repair or structural alteration does not exceed, in any consecutive twelve (12) month period, fifteen (15) percent of the value of the improvements as determined by the assessed valuation. Structural alterations exceeding fifteen (15) percent of the appraised value will require a use permit. (d) Remodeling or Rebuilding -Any service station being remodeled or rebuilt to an extent requiring a use permit shall be designed so as to comply as nearly as possible with the standards for service stations on new sites set forth in Section 20.70.060; taking into consideration size of the property, location of the existing structure, and other similar constraints. (Ord. 1657 (part), 1976). (Newport Beach 1~92) 468-38b c OIL WELLS 20. 70.080-20. 71.010 20.70.080 Discontinued Use. Notwithstanding anything to the contrary in this Chapter, if any service station is abandoned for a period of six (6) consecutive months, the Planning Commission, after public hearing, shall have the authority to revoke the use permit and may require the property owner to remove all existing structures from the site. (Ord. 1657 (part), 1976). 20.70.090 Appeal. A. INITIATION OF APPEAL. In case the automobile service station operator is not satisfied with the action of the Community Development Director in any case requiring the Director's approval, he may appeal in writing to the Planning Commission by filing a Notice of Appeal with the Secretary of the Planning Commission within five (5) days following the decision of the Director of Community Development, as provided in Section 20.85.010 of the Newport Beach Municipal Code. B. DECISION. Upon receiving Notice of Appeal to the Planning Commission, the written findings of the Director of Community Development shall be submitted to the Planning Commission together with all maps, letters, exhibits, and other documentary evidence considered by the Director of Community Development in reaching his decision. The Planning Commission shall render its decision within thirty (30) days after the hearing of the appeal. C. APPEAL TO THE CITY COUNCIL. In case an applicant is not satisfied with the action of the Planning Commission on his appeal, he may within twenty-one (21) days appeal in writing to the City Council, as provided in Chapter 20.85 of the Newport Beach Municipal Code dealing with appeals. (Ord. 1657 (part), 1976). Sections: 20.71.010 20. 71.020 20.71.030 20.71.040 20. 71.050 Chapter 20. 71 OIL WELLS Drilling Restricted-Designated Area. Election Required for Permitted Area-Alteration- Intent and Purpose. Fire Prevention. Creating Nuisance Prohibited. Watchman Required. 20.71.010 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 468-39 (Newport Beach 4-15-76) 20. 71.020-20. 71.040 PLANNING AND ZONING 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. (Ord. 1657 (part), 1976). 20.71.020 Election Required for Permitted Area Alteration -Intent and Purpose. Any proposed change in or expansion of the area within the City of Newport Beach in which slant drilling or subterranean drilling is allowed by Section 20.71.010 shall first be submitted to the qualified electors of the City of Newport Beach for approval or 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 in to prior to the effective date of this section. It is specifically declared that it is the intention of this section that it shall apply solely to the question of a change in or expansion of the area in which slant or subterranean drilling is permitted and shall not apply to any other question involving the drilling for or production of oil, gas or other hydrocarbon substances within or under the City of Newport Beach, or its tide and submerged lands. (Ord. 1657 (part), 1976). 20.71.030 Fire Prevention. Every person who was at the effective date of Ordinance 372 conducting, carrying on, maintaining or engaging in any of the businesses designated in Section 20. 71.010, and who continues such operation, shall conduct the same so as to prevent fire hereby or therefrom which may endanger, injure or destroy the property of any person within the city. (Ord. 1657 (part), 1976). 20.71.040 Creating Nuisance Prohibited. No person shall conduct within the City any of the businesses enumerated in Section 20. 71.010 in such manner that the noise, smell, odor or gas produced thereby obstructs the free use and enjoyment by others of their property. No person shall permit any of the businesses enumerated in Section (Newport Beach 4-15-76) 468-40 RESTAURANTS 20.71.050-20. 72.010 20.71.010 to become offensive to the senses or to permit the same to interfere with the complete enjoyment of life or property by others. (Ord. 1657 (part), 1976). 20.71.050 Watchman Required. No person shall permit or allow a standing derrick or other oil drilling equipment upon any lands within the City without a watchman in constant charge and attendance, and the leaving of any well, whether in operation or not, without a watchman in constant charge and attendance, shall be and constitute a nuisance within the meaning of this Chapter, which nuisance may be abated. (Ord. 1657 (part), 1976). Sections: 20.72.010 20.72.015 20.72.020 20.72.030 20.72.040 20.72.050 20.72.060 20.72.070 20.72.080 20.72.090 20.72.100 20.72.110 20.72.120 20.72.130 20.72.140 20.72.150 Chapter 20.72 RESTAURANTS* Definitions. Specialty Food Service. Use Permit Required. Application Contents. Site. Setbacks. Parking and Traffic Control. Walls. Landscaping. Lighting. Signing. Utilities. Storage. Modification of Waiver or Requirements. Additional Requirements. Nonconforming Structures and Uses. 20.72.010 Definitions. A. Restaurant. The term "restaurant" shall mean a place of business with the principal purpose to sell or serve food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than twenty-five percent (25%) of the net public area may be permitted out-of-doors on a patio, deck or terrace that is integrated into the building design. For purposes of Section 20.72.020 through 20.72.050, inclusive, and for purposes of Section 20.72.070 through * Prior ordinance history: Ords. 1657, 1753 and 85-17. 468-41 (Newport Beach 2-95) 20.72.010 PLANNING AND ZONING 20.72.150, inclusive, the term "restaurant" shall inclnde "drive-in," "take-ont" and "outdoor" restaurants. The term "restaurant" does not include the following: 1. A specialty food service; 2. A specialty grocery store or supermarket which devotes twenty-five percent (25%) or less of its gross floor area to the sale or preparation of food products or beverages for consumption on-site or in the immediate area; 3. A bar or a theater/nightclub as defined herein. B. Outdoor Restaurant. The term "outdoor restaurant" shall mean a place of business which sells or serves food products or beverages for consumption on the premises where such place of business is located, and which provides for, or permits consumption of, such food products or beverages out-of-doors other than on an incidental basis. C. Drive-In and Take-Out Restaurant. The terms "drive-in," and "take-out" restaurants shall mean a place of business which sells food products or beverages and which: 1. Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter or similar method or device; or 2. Delivers such food products or beverages to customers within a building which is designated in such a manner that a majority of the customers will remove such food products or beverages from the building for consump-c•· ti on. . D. Specialty Food Service. The term "specialty food service" shall mean a place of business that sells a limited variety of food products and/or beverages likely to be quickly consumed, with a gross floor area of 2,000 square feet or less, (including outdoor seating areas), seating and/or stand-up counter space for no more than twenty (20) customers, and which strictly conforms with all of the following: 1. No alcoholic beverages are served or consumed on the premises; 2. No live entertainment or dancing is provided. Any use which does not strictly conform to the provisions of this Section shall be considered a restaurant and otherwise subject to the provisions of this Chapter. E. Bar. The term "bar" shall mean a place of business with the principle purpose to sell or serve alcoholic beverages for consumption on the premises and may include live entertainment and/or dancing as accessory uses to the primary sale and service of alcoholic beverages, provided further that such live entertainment and/or dancing shall occupy less than twenty percent (20%) of the "net public area." F. Theater/Nightclub. The term "theater/nightclub" shall mean a place of business with the principle purpose to conduct live entertainment and/or dancing and may include the sale and service of food and/or beverages as an accessory use to the primary use of live entertainment and/or dancing. (Newport Beach 2-95) 468-42 RESTAURANTS 20.72.015 G. Change in Operational Characteristics. The term "change in operational characteristics" shall include, without limitation, any of the following: 1. Any substantial increase in the hours a restaurant, outdoor restaurant, or drive-in and takeout restaurant is open for business (hours of operation) or an extension of the hours of operation past 12:30 a.m. if the restaurant is within 200 feet of a residential zone. An increase in hours of operation is deemed substantial if, given the proximity of the restaurant, outdoor restaurant, drive-in or takeout restaurant, or related parking facilities to a residential zone, the increase has the potential to cause, or make worse, noise or traffic congestion in the neighborhood; 2. The introduction of live entertainment or dancing, or a significant change in the character of the live entertainment; 3. The introduction of the sale of alcoholic beverages; 4. Any significant increase in the size of the area principally devoted to the sale of alcoholic beverages; 5. A loss of on-site or off-site parking spaces for a period of ninety (90) days or more, which would reduce available parking below the number then required by the provisions of this title or the Use Permit applicable to the restaurant; 6. The introduction of valet, tandem, or compact parking spaces; 7. Any increase in the net public area of a restaurant or any increase in the gross floor area of a drive-in, take-out or outdoor restaurant; and 8. The addition of three or more pool tables. (Ord. 94-55 § 1, 1994: Ord. 94-52 § l, 1994: Ord. 94-17 § I, 1994; Ord. 92-6 § l, 1992: Ord. 89-35 § 1 (part), 1989). 20. 72.015 Specialty Food Service. Specialty food services may be established in any zoning district designated for such use subject to the follow- ing: A. INTENT/PURPOSE. Food serving uses range from large destination restaurants to small neighborhood ice cream stores. Full service restaurants are likely to generate more traffic, parking demand, noise and trash than small businesses with limited menus. The specialty food service category was created because conditions and restrictions on the operation of large restaurants may be unnecessary in the case of small, limited item food serving businesses. However, particular specialty food services may, because of location, method of operation or other factors, be expected to cause, or actually cause, impacts equivalent to a full service restaurant and, in such event, additional controls should be imposed or the use prohibited. B. FINDINGS. In order to approve a specialty food service, the Planning Director, the Planning Commission or City Council on appeal shall make the following findings: I. The proposed use is consistent with the purpose and intent of this Section. 468-43 (Newport Beach 2~95) 20.72.015 PLANNING AND ZONING 2. Establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace. comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. 3. The proposed use is similar in nature to a general retail use, and is anticipated to have traffic generating characteristics similar to a retail use. 4. The proposed use is similar in nature to a general retail use, and is anticipated to have parking demand characteristics similar to a retail use. C. DEVELOPMENT STANDARDS. Specialty food services shall be operated in conformance with the following standards unless the Planning Director, or the Planning Commission or City Council on appeal, determines that strict compliance is not necessary to achieve the pnrpose and intent of this section: 1. Hours of Operation. Opens for bnsiness no earlier than 7 :00 A.M. and closes no later than 12:00 midnight, daily; however, this provision shall not apply if the business, measured from the property lines, is, in all directions, more than 250 feet from the boundaries of any residential district or any mixed commercial/residential district; 2. The facility contains receptacles sufficient in size to accommodate all trash deposited by customers; 3. Trash generated by the business is stored on-site in an area screened from view except when placed for pick-up; 4. Smoke and odor are controlled by kitchen exhaust fans, or other means, to the satisfaction of the Building Director; 5. Grease interceptors are installed on all plumbing fixtures to the extent required by the Building Director and the Public Works Director; 6. A wash-out area for refuse containers and kitchen equipment is provided and the area drains directly into the sewer system unless the Building Director and Public Works Director approve alternative drainage. D. CONDITIONS. The Planning Director, or the Planning Commission or City Council on appeal, may impose such conditions on the approval of the specialty food service permit as are necessary to achieve the purpose and intent of this Section. In addition, the Planning Director, Planning Commission, and City Council shall retain jurisdiction to impose additional conditions after approval if necessary or appropriate to ensure that operation of the specialty food service is consistent with the findings made at the time of approval. E. APPEAL. An applicant for a specialty food service permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within fourteen (14) days after written notice of the decision of the Planning Director. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission may render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event that the applicant is not satisfied with the decision of the Planning Commission, the (Newport Beach 2-95) 468-44 RESTAURANTS 20.72.015 applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within fourteen (14) days following notice of the action of the Planning Commission. The hearing before the City Council may appoint a hearing officer to take evidence and make findings and recommendations as if the Planning Commission presided over the hearing. The City Council shall render its decision within thirty (30) days after the hearing on the appeal. The decision of the City Council will be final. F. EXPIRATION. Any specialty food service permit granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval unless a building permit has been issued and construction 468-44.1 RESTAURANTS 20.72.020-20.72.030 has commenced prior to the expiration date. The Planning Director may specify a different expiration date at the time of approval. G. VIOLATIONS OF TERMS. Any specialty food service permit granted in accordance with the terms of this Title may be revoked if any of the condi- tions or terms of such permit are violated, or if any law or ordinance is violated in connection therewith. H. REVOCATION. The Planning Director may revoke a specialty food service permit for violation of the terms and conditions of such permit after giving written notice to the permittee at least ten days prior to the rendering of such revocation. I. FEES. To partially defray the administrative costs of the City, the specialty food service application shall be accompanied by a fee as established by Resolution of the City Council. Reasonable fees for an appeal to the Planning Commission or City Council shall also be established by resolution of the City Council. J. INTENSIFICATION OR ENLARGEMENT OF EXISTING SPECIAL- TY FOOD SERVICE ESTABLISHMENTS. A specialty food service establish- ment which has been approved by the Modifications Committee prior to the effective date of Ordinance No. 94-17 may be intensified, enlarged or otherwise altered in accordance with Section 20.72.0!0(D), subject to the approval of the Planning Director as specified in Section 20.72.015(D). (Ord. 94-17 § 2, 1994: Ord. 89-35 § 1 (part), 1989). 20. 72.020 Use Permit Required. A. Restaurants may be permitted in all zoning districts designated for such uses, and in any Planned Community Districts or Specific Plan Areas designated for said uses, subject to the securing of a Use Permit in each case. B. A Use Permit or an amendment to a Use Permit, shall be required prior to any change in the operational characteristics of a restaurant. (Ord. 89-35 § 1 (part), 1989). 20.72.030 Application Contents. An application for a Use Permit, an application for a specialty food service permit shall be on a form supplied by the Planning Department and, when appropriate, shall be accompanied by the following information, maps, and plans: (a) A statement specifying the nature of the restaurant, the proposed hours of operation, whether the applicant intends to provide live entertainment and/or dancing, and other pertinent information regarding the operational characteris- tics of the proposed restaurant or specialty food service. (b) A plot plan of the property drawn to scale showing the location of all buildings, storage facilities, planting areas, signs, outside eating areas, walls, parking areas, and curb cuts. (c) A floor plan of any building delineating all interior floor space and indicating its proposed use. 468-44a (Newport Beach 5-94) 20. 72.040-20. 72.080 PLANNING AND ZONING (d) A parking layout and traffic plan showing all parking spaces, aisles, access points and directional signs and markings. ( e) A grading plan indicating how the property is to be graded and drained. (f) Elevations including all building and sign faces and materials. (g) Such other plans, drawings and information as the Planning Director may reasonably require. (Ord. 94-17 § 3, 1994: Ord. 89-35 § 1 (part), 1989). 20.72.040 Site. The site shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and refuse storage as provided in this Chapter. (Ord. 89-35 § 1 (part), 1989). 20. 72.050 Setbacks. The Planning Commission may establish setbacks more restrictive than those required by the regulations for the zoning district in which the proposed use would be located if it determines they are necessary or desirable for the protection of the public health, safety and welfare or to insure compatibility with uses on contiguous properties. (Ord. 89-35 § 1 (part), 1989). 20.72.060 Parking and Traffic Control. A. OFF-STREET PARKING. Off-street parking for restaurants, outdoor restaurants, drive-in and take-out restaurants, shall be as specified in Chapter 20.30, General Controls-Commer- cial Districts. All parking areas shall meet the City of Newport Beach Off-Street Parking Standards. B. CURB CUTS. The size and location of curb cuts for driveways shall be determined by standards on file in the Department of Public Works. C. 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 accommodate vehicles waiting for service, a reservoir parking area for standing vehicles shall be provided in addition to the other required parking and driveways area. (Ord. 89-35 § 1 (part), 1989). 20.72.070 Walls. On property occupied by a restaurant, a solid masonry wall 6 feet in height shall be erected on all interior lot lines, said wall to be reduced to 3 feet in height within any required front yard setback area or within 15 feet of the comer 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. (Ord. 89-35 § 1 (part), 1989). 20.72.080 Landscaping. On property occupied by a restaurant, not less than 10 percent of the total site area shall be devoted to landscaped planting area, including: (Newport Beach 5·94) 468-44b RESTAURANTS 20. 72.090-20. 72.140 (a) A planting area with a width of 3 or more feet between street side property lines and walls screening parking facilities. (b) A planting area with a width of 3 or more feet adjacent to interior property lines. All such planting areas shall be separated from vehicular or pedestrian paved areas by 6-inch-high concrete curbing. The bumper stops shall be installed and located in such a manner as to preclude parked vehicles from overhanging such planting areas. All planting areas shall be provided with a permanent sprinkler irrigation system and hose bibs for supplemental watering. (Ord. 89-35 § 1 (part), 1989). 20.72.090 Lighting. On property occupied by a restaurant, all parking areas shall be illuminated by lighting with minimum intensity in any location of 2 foot-candles and an average intensity of 5 foot-candles. The lighting system shall be designed to minimize the reflection of light to streets and properties adjoining the restaurant site. No lighting standard shall exceed a height of 10 feet from the finished grade of restaurant site. (Ord. 89-35 § 1 (part), 1989). 20.72.100 Signing. All signs shall conform to the provisions of Chapter 20.06. (Ord. 89-35 § 1 (part), 1989). 20.72.110 Utilities. All utility services on a restaurant site shall be installed underground. (Ord. 89-35 § 1 (part), 1989). 20.72.120 Storage. A. SUPPLY STORAGE. All facilities for storage of supplies shall be located within a building. B. REFUSE STORAGE. Any refuse storage area located outside of a completely enclosed building shall be surrounded by a solid masonry wall 6 feet in height with self-locking gates. (Ord. 89-35 § 1 (part), 1989). 20.72.130 Modification of Waiver or Requirements. Except as provided in Section 20.72.015, the Planning Commission, or City Council on review or appeal, may modify or waive any of the development standards contained in this chapter if strict compliance with the standards is not necessary to achieve the purpose of intent of the standard. (Ord. 89-35 § 1 (part), 1989). 20.72.140 Additional Requirements. The Planning Commission shall have the right to add additional conditions of approval in order to insure compatibili- ty of the development with the surrounding area and the goals and objectives of the General Plan of the City. (Ord. 89-35 § 1 (part), 1989). 468-44c (Newport Beach 5~94) 20.72.150 PLANNING AND ZONING 20.72.150 Nonconforming Structures and Uses. A. Except as provided in Section 20.72.020, the provisions of Chapter 20.83 shall be applicable to all types of restaurants. In the event of any conflict between the provisions of this Chapter and the provisions of Chapter 20.83, the provisions of this Chapter shall control. B. Maintenance, repairs, and structural alterations can be made as provid- ed in Chapter 20.83. (Ord. 90-22 § 5, 1990: Ord. 89-35 § 1 (part), 1989). (Newport Beach 5-94) 468-44d RESTAURANTS 20.72.030 20.72.030 Application Contents. An application for a Use Penni!, an amendment to a Use Penn it, or a Modification for a specialty food service shall be on a fonn supplied by the Planning Department and, when 468-44.I (Newport Beach 9-92) RESIDENTIAL CONDOMINIUM PROJECTS 20.73.005-20.73.010 Chapter 20. 73 RESIDENTIAL CONDOMINIUM PROJECTS Sections: 20.73.005 20.73.010 20.73.015 20.73.020 20.73.025 20.73.030 20.73.035 20.73.040 20.73.045 Intent and Purpose. Definitions. Required Approvals. Condominium Conversion Fees. Standards-Condominium Conversion Projects. Modification or Waiver of Development Standards. Condominium Conversion Regulations, Vacancy Rate. Existing Structures and Uses, Approved Plans. Separability. 20. 73.005 Intent and Purpose. The City Council finds and determines that residential condominium projects differ in many aspects from other types of construction and form of ownership and development. Therefore, these regula- tions are adopted to guide the development of new residential condominium projects and conversions of existing dwelling units to condominium projects. It is the intent of these regulations to provide a balanced mix between owner- ship and rental housing in order to assure the development of a variety of housing types to serve the needs of the community. (Ord. 87-37 § 1 (part), 1987: Ord. 1817 § 1 (part), 1977). 20.73.010 Definitions. The following terms used herein shall have the meanings indicated: A. CONDOMINIUM. The term "condominium" shall mean and include the following: A condominium project, as defined in Section 1350 of the Civil Code, containing two or more condominiums, as defined in Section 783 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy; a stock cooperative, as defined in Section 11002.2 of the Business and Professions Code, containing two or more separately owned lots, parcels or areas; or any other such project as defined by state law. In addition, for the purpose of this Chapter, development which offers own-your-own or fee ownership units, whereby the individual owns land directly below the "foot- print" of said unit, and all other land within the project is owned in common, shall be defined as a condominium. B. ORGANIZATIONAL DOCUMENTS. The term "organizational docu- ments" shall mean the declaration of restrictions, articles of incorporation, by- 468-44e (Newport Beach 2-95) 20.73.015 PLANNING AND ZONING laws and any contracts for the maintenance, management or operation of all or any part of a project. C. PROJECT. The term "project" shall mean the entire parcel of real property proposed to be used or divided, as land or airspace, into two or more units as a condominium. D. UNIT. The term "unit" shall mean the particular area of land or air- space that is designed, intended or used for exclusive-possession or control of individual owners or occupier. E. VACANCY RATE. The term "vacancy rate" shall mean the number of vacant multiple dwellings being offered for rent or lease in the City of Newport Beach shown as a percentage of the total number of multiple dwellings offered for or under rental or lease agreement in the City. Said vacancy rate shall be as established once each year, in April, by survey of 15 percent of the City's rental units. (Ord. 87-37 § 1 (part), 1987: Ord. 1817 § 1 (part), 1977). 20.73.015 Required Approvals. A. Condominium projects may be permitted in any district in which residential uses are permitted, including Planned Communities. In Planned Community Districts, residential developments, all or part of which have been specifically designated as condominium projects on the approved Planned Community Development Plan, shall be permitted in accordance with the provisions of said plan. B. Condominium conversions shall be similarly permitted subject to securing a condominium conversion permit approved by the Modifications Committee in accordance with the provisions of Chapter 20.81 of the Newport Beach Municipal Code. C. The approval of a tentative and final tract map or parcel map shall be required for all new condominium projects, and for condominium conversion projects containing five (5) or more units in accordance with Title 19, of the Newport Beach Municipal Code. D. Condominium conversion projects containing less than five (5) units and which are located on a lot or parcel, or combination of lots or parcels, which were established in accordance with the provisions of Title 19 of the Newport Beach Municipal Code may be permitted without the approval of a parcel map, provided that the Modifications Committee approves a condomini- um conversion permit. E. No persons shall construct a new condominium development, or convert an existing residential use to a condominium, within the City of Newport Beach without first complying with the provisions of this Chapter. If it is determined that a parcel map or tentative map and final map is required for a condominium conversion, the map shall not be required to be filed until a condominium conversion permit has been approved in accordance with the provisions of Section 20.73.015. This however, shall not preclude the concurrent processing (Newport Beach 2-95) 468-44f RESIDENTIAL CONDOMINIUM PROJECTS 20.73.020-20.73.025 of the map and the condominium conversion permit. (Ord. 94-47 § 1, 1994: Ord. 87-37 § 1 (part), 1987: Ord. 1817 § 1(part),1977). 20. 73.020 Condominium Conversion Fees. In addition to fees required by Chapter 20.81 and Chapter 19.12, condominium conversion applications shall be accompanied by a special Building Department inspection fee, established by resolution of the City Council for the purpose of identifying building safety violations within the project. (Ord. 94-47 § 2, 1994: Ord. 87-37 § 1 (part), 1987: Ord. 1817 § 1 (part), 1977). 20. 73.025 Standards -Condominium Conversion Projects. Condomini- um conversion projects, shall conform to the following, and the Modifications Committee, or the Planning Commission, and/or the City Council, on appeal or review, shall make specific findings as to such conformance in any action approving a condominium conversion permit. A. Each dwelling unit shall maintain a separate water meter and water meter connection. B. That the number of off-street parking spaces that were required at the time of the original construction shall be provided on the same property to be converted to condominium purposes, and the design and location of such parking shall be in conformance with the provisions of Section 20.10.050 of this Title. However, under no circumstance shall there be less than one covered parking space per dwelling unit. C. That each dwelling unit within a building shall have a separate sewer connection to the City sewer. D. The applicant for a condominium conversion shall request a special inspection from the Building Department for the purpose of identifying any building safety violations. The applicant shall correct all identified safety violations prior to issuing a conversion certificate. E. Each sewer lateral shall be retrofitted/fitted with a clean out at the property line. F. That the existing electrical service connection shall comply with the requirements of Chapter 15.32 of the Newport Beach Municipal Code. G. Permanent lot stakes and tags shall be installed at all lot comers by a licensed surveyor or civil engineer unless otherwise provided by the Public Works Department. Installation of said lot stakes and tags shall require a Record of Survey pursuant to Section 8762 of the Land Surveyor's Act unless otherwise approved by the Public Works Department. H. The project shall be consistent with the adopted goals and policies of the General Plan, particularly with regard to the balance and dispersion of housing types within the City. 468-45 (Newport Beach 2-95) 20. 73.030-20. 73.040 PLANNING AND ZONING I. The establishment, maintenance or operation of the use or building / - applied for shall not, under the circumstances of the particular case, be detri- mental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. (Ord. 94-47 § 3, 1994: Ord. 87-37 § 1 (part), 1987: Ord. 1817 § 1 (part), 1977). 20.73.030 Modification or Waiver of Development Standards. The Modifications Committee, by a majority vote of those present and voting, shall have the right to modify or waive any of the standards reqnired by Section 20. 73.025(A) -(E), if such modification or waiver will in no way be detri- mental to adjacent properties or improvements than will the strict compliance with these standards. (Ord. 94-47 § 4, 1994: Ord. 87-37 § 1 (part), 1987: Ord. 1817 § 1 (part), 1977). 20.73.035 Condominium Conversion Regulations, Vacancy Rate. A. Where it is proposed to convert an existing residential development containing fifteen (15) or more units to condominium units, the Modifications Committee, or the Planning Commission, or the City Council on appeal or review, shall ~/:8approve, without prejudice, any condominium conversion permit application ( __ / 1. The rental dwelling unit vacancy rate, for apartment developments containing 15 or more units, in the City at the time of the public hearing is equal to or less than five percent (5% ). 2. Overriding Considerations. Notwithstanding the above, the Modifica- tions Committee, or the Planning Commission or City Council, on appeal or review may approve a condominium conversion permit and, if approved, shall make corresponding findings, if any of the following overriding considerations exist: (a) The project will minimize the effect on dwelling unit vacancy rate, and otherwise substantially comply with the intent of this Chapter; or (b) Evidence has been submitted that two-thirds (2/3) of the existing tenants have voted to recommend approval of the conversion. (Ord. 94-47 § 5, 1994: Ord. 87-37 § 1 (part), 1987: Ord. 1817 § 1 (part), 1977). 20.73.040 Existing Structures and Uses, 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 ordinance, or for which building permits have been issued, or for which an approved Planned Community Development Plan specifically provides that proposed residential developments shall be condominiums, shall be permitted (Newport Beach 2~95) 468-46 ADULT ENTERTAINMENT BUSINESSES 20.73.045 to continue such use as approved. Any addition, expansion or substantial alteration of the development plans shall be subject to all provisions of this Chapter. (Ord. 87-37 § 1 (part), 1987: Ord. 1817 § 1 (part), 1977). 20. 73.045 Separability. If any provisions or requirements of this Chapter shall be found invalid or unconstitutional in application or in interpretation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of his Chapter. (Ord. 87-37 § 1 (part),1987: Ord. 1817 § 1 (part), 1977). Sections: 20.74.010 20.74.020 20.74.050 Chapter 20.74 ADULT ENTERTAINMENT BUSINESSES* Definitions. Findings/Requirements. Severability. * Prior ordinance history: Ords. 1870, 88-2, 92-29, 92-50. 468-46a (Newport Beach :Z..95) ADULT ENTERTAINMENT BUSINESSES 20. 7 4.010-20. 7 4.020 20.74.010 Definitions. The words and phrases used in this chapter shall be governed by the definitions contained in Chapter 5.96 of the Newport Beach Municipal Code. (Ord. 94-38 § 1, 1994). 20.74.020 Findings/Requirements. A. The Adult Oriented Business shall be located in the City's C-0, C-1, C-2, RMC and RSC Districts and the commercial and industrial areas of P-C Districts. With the exception of industrial zoned districts, the underlying land use of the adult business must also satisfy the land use requirements and development standards of the district in which the Adult Oriented Business proposes to locate. The above notwithstanding, no conditional use permit shall be required for an Adult Oriented Business. B. The Adult Oriented Business shall not be located within one thousand ( 1000) feet of the boundary of any residential zone or residential use approved by the City of Newport Beach.' C. The Adult Oriented Business shall not be located within one thousand (1000) feet of any lot upon which there is properly located a religious institu- tion, public beach or park, school or City of Newport Beach facility, including but not limited to City Hall, and Newport Beach libraries, police and fire stations.1 D. The Adult Oriented Business shall not be located within 500 feet of another Adult Oriented Business. E. The Adult Oriented Business shall comply with the City's parking standards for the underlying use. Where no objective City parking standards exist for a particular underlying use, parking shall be provided at a ratio of one space for every 1.5 occupants based upon the maximum occupancy approved by the City of Newport Beach Fire Department. F. The Adult Oriented Business shall have obtained a permit in compliance with all applicable requirements of Section 5.96 of the Newport Beach Munici- pal Code which is incorporated herein by this reference. (Ord. 94-38 § 2, 1994). 1 The distance of separation required by Findings B and C shall be made using a straight line, without regard to intervening structures or objects, from the property line of the lot on which the Adult Oriented Business shall be located to the nearest property line of the lot upon which is located a residential use, religious institution, park or school from which the measurement is being taken is located on the same lot as the Adult Oriented Business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects. 468-46b.1 (Newport Beach 11-94) 20.74.050 PLANNING AND ZONING 20.74.050 Severability. If any provision or clause of this Chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Chapter which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this Chapter are declared to be severable. (Ord. 94-38 § 4, 1994). (Newport Beach 11-94) 468-46b.2/468-46b.6 ADULT ENTERTAINMENT BUSINESSES 20.74.020 A. The relocation of existing commercial/residential uses because of a fear on the part of the property owners that establishment of such a business is an indication of a downgrading of that area; and B. A decrease in property values in adjoining areas because of the increase in crime, relocation of existing businesses and overall deterioration of the neighborhoods occasioned by such a use; and C. An increase in crime, especially sex-related offenses, in the immediate vicinity of such a use; and D. Deterioration of the physical condition of structures near such a use because of the fear of property owners that establishment of such a business is a signal that the economy of the neighborhood is unstable and the consequent reluctance to invest in such properties; and E. Citizens in areas surrounding adult entertainment businesses are subjected to increased urban blight and decreased quality of life; and F. Substantial numbers of adult entertainment businesses are associated with unlawful sexual activities such as prostitution. The City Council further finds that the restrictions and development standards contained in this Ordinance will tend to mitigate, the possibly avoid, the harmful secondary effects on the community associated with adult entertain- ment businesses. The City Council further finds that the primary purpose in adopting this Ordinance is the amelioration of harmful secondary effects on the community. The City Council further finds that restrictions and development standards contained in this Ordinance are unrelated to the suppression of free speech and do not limit access by adults to materials with First Amendment protection. (Ord. 88-2, §1 (part), 1988). 20.74.020 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. "Adult Entertainment Business" means any of the following: I. "Adult Bookstore" as defined in Subsection A, B; or 2. "Adult Hotel or Motel" as defined in Subsection C; or 3. "Adult Mini-Motion Picture Theater" as defined in Subsection D; or 4. "Adult Motion Picture Arcade" as defined in Subsection E; or 5. "Adult Motion Picture Theater" as defined in Subsection F; or 6. "Cabaret" as defined in Subsection G; or 7. "Model Studio" as defined in Subsection H; or 8. "Sexual Encounter Center" as defined in Subsection I; or 9. "Adult Novelty Store" as defined in Subsection J; or 10. "Adult Business" as defined in Subsection K. B. "Adult Bookstore" means an establishment which is characterized by its emphasis on the sale or display of books, magazines and other periodicals depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." 468-46b.l (Newport Beach 2-93) 20.74.020 PLANNING AND ZONING C. "Adult Hotel or Motel" means a hotel or motel characterized by its emphasis on the presentation of material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." D. "Adult Mini-Motion Picture Theater" means an enclosed building with a capacity for less than fifty (50) persons characterized by its emphasis on the presentation of material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons. E. "Adult Motion Picture Arcade" means any place to which the public is permitted or invited which is characterized by its emphasis on providing coin-or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image-producing devices that are maintained to show images to five (5) or fewer persons per machine at any one (I) time, and display images depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." F. "Adult Motion Picture Theater" means an enclosed building with a capacity of fifty (50) or more persons which is characterized by its emphasis on the presentation of material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. G. "Cabaret" means a nightclub, theater or other establishment character- ized by its emphasis on featuring live performances by topless and/or bottom- less dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances occur on a stage at least 18 inches above the immedi- ate floor level and which is removed at least six (6) feet from the nearest patron or guest, and which performances depict, describe or relate to "specified sexual activities" or "specified anatomical areas." H. "Model Studio" means the same as that term is defined in Section 5.30.0IO(A) of Chapter 5.30 of this Code. I. "Sexual Encounter Center" means any business, agency or persons characterized by its emphasis on providing for any form of consideration or gratuity a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas." J. "Adult Novelty Store" means an enclosed business or establishment which dedicates more than one-third of the total floor area to the sale or rent of merchandise or products characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." · K. "Adult Business" means any business activity, club or other establish- ment not otherwise defined in Subsection A, I through 9 above, which permits its employees or any other person on its premises to exhibit any specified anatomical areas before any other patron or guest, where the employee or other person is removed at least six ( 6) feet from the nearest patron or guest. (Newport Beach 2·93) 468-46b.2 ADULT ENTERTAINMENT BUSINESSES 20.74.030 L. "Specified Sexual Activities" means: 1.. Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship; 2. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or 3. Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or 4. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or 5. Erotic or lewd touching, fondling or other contact with an animal by a human being; or 6. Human excretion, urination, menstruation, vaginal or anal irrigation. M. "Specified Anatomical Areas" means: I. Less than completely and opaquely covered, (a) human genitals, pubic region; (b) buttock(s); and (c) female breast(s) below a point immediately above the top of the areola; and 2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. N. The "establishment" of any "adult entertainment business" 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 "adult entertainment business" use, the expansion of any existing business, the alteration or enlargement of any existing business, or any of the uses within such a business, or any addition to existing uses within an existing business. (Ord. 92-50 §I (part), 1992: Ord. 92-29 § 1, 1992; Ord. 88-2 § I (part), 1988). 20.74.030 Special Restrictions. A. Permitted Districts. Uses classified herein as "adult entertainment business" shall be permitted in C-0, C-1, C-2, RMC and RSC Districts and commercial areas of P-C Districts. B. In these districts it shall be unlawful to establish any such "adult entertainment business" if the location is: I. Within five hundred (500) feet of the boundary of any residential district as shown on the City of Newport Beach districting map or within five hundred (500) feet of any residential use; or 2. Within one thousand (1000) feet of any other "adult entertainment business"; or 3. Within one thousand (1000) feet of any public or private school, park, playground, civic or cultural building, church or beach. C. Waiver of Location Restrictions. 1. Any property owner or his authorized agent may apply to the Planning Commission for a waiver of any location restrictions contained in this Section. 468-46b.3 (Newport Beach 2-93) 20.74.040 PLANNING AND ZONING The Planning Commission, after a public hearing, may waive any location restriction, if all the following findings are made: (a) That 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 (b) That the proposed use will not enlarge or encourage the development of an urban blight area; and (c) That 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 (d) That all applicable regulations of the Newport Beach Municipal Code will be observed. 2. The procedure for the public hearing waiving location restrictions shall be as set forth in Section 20.80.050(B) of the Newport Beach Municipal Code, with the same right of appeal as provided in Section 20.80.070 of this Code. D. In addition to the land use controls and restrictions as set forth in this Chapter, all other restrictions, controls and regulations established in Title 20 of the Newport Beach Municipal Code shall apply to the land uses that are the subject of this Chapter. E. Amortization. Any "adult entertainment business," as defined in this Chapter, in existence as of the effective date of this Ordinance, and which has been determined to have a legal, nonconforming status, shall, within three (3) ( · years after the date of this Ordinance, terminate all aspects of such business \ not in compliance with the provisions of this Chapter. (Ord. 92-50 § 1 (part), 1992: Ord. 92-46 §5, 1992: Ord. 88-2 § 1 (part), 1988). 20.74.040 Development Standards. The following development standards shall apply to all "adult entertainment businesses" in the City: A. Off-street parking shall be provided in accordance with Section 20.30.035(B) of the Newport Beach Municipal Code; and B. All signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code; and C. The interior of any bookstore shall be adequately lighted and constructed so that every portion thereof is readily visible to the clerk or other supervisory personnel from the counter or other regular station; and D. Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours; and E. Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public, from pedestrian sidewalks or walkways, or from other areas public or semipublic; and such displays shall be considered signs. (Ord. 88-2 § I (part), 1988). (Newport Beach 2-93) 468-46b.4 ADULT ENTERTAIN.MENT BUSINESSES 20.74.045-20.74.050 20.74.045 Prohibited Establishment. Any other business or establishment not specifically described in Section 20.74.020 which permits its employees, agents, patrons, or guests on or off its premises, to exhibit specified anatomical areas, or otherwise provides services which allow any person to exhibit speci- fied anatomical areas or specified sexual activities shall be prohibited until such time that this Chapter may be amended to permit such establishments. (Ord. 92-50 §2, 1992). 20.74.050 Severability. If any provision or clause of this Chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Chapter which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this Chapter are declared to be severable. (Ord. 88-2 § 1 (part), 1988). 468-46b.5 (Newport Beach 2-93) Sections: 20.75.005 20.75.010 20.75.020 20. 75.030 20. 75.035 20.75.040 20. 75.045 20.75.050 20.75.060 20.75.065 20.75.070 SATELLITE DISH ANTENNAS Chapter 20.75 SATELLITE DISH ANTENNAS Findings. Definitions. Permit Requirements. Development Standards. Satellite Dish Antenna Permit. Issuance of Permit. Appeal. Fees. Notice. Nonconforming Antennas. Separability. 20.75.005 20.75.005 Findings. The City Council of the City of Newport Beach, in adopting the Ordinance codified in this Chapter, finds and declares as follows: A. The Federal Communications Commission has adopted a rule which preempts local government satellite antenna regulations that differentiate between satellite dishes and other forms of antennas unless the regulations have a reasonable and clearly defined health, safety or aesthetic objective, do not operate to impose unreasonable limits on, or prevent, reception of satellite signals and do not impose excessive costs on the users of the antenna. B. Satellite dishes differ from other antennas in size, shape and weight, and these differences, when considered in light of related FCC rules that restrict regulation of the height of amateur radio facilities, make it im- possible to treat satellite dishes and other antennas in the same manner. C. The regulation of satellite dish antennas, as provided in this Chapter, operates to preserve the unique scenic quality of the City of Newport Beach and to protect the safety and welfare of persons living and working in New- port Beach in that: I. The City of Newport Beach has an international reputation as a premier residential community with scenic and recreational resources that attract residents and visitors alike. 2. The unique charm and beauty of the residential, waterfront com- mercial, and recreational areas of the City of Newport Beach contribute to high residential and commercial property values. These same attributes attract large numbers of tourists and business travelers which account for a large percentage of the City's economy. The failure to maintain, and enhance, the charm and beauty of Newport Beach would result in reduced property values, reduced revenue for those businesses that serve the many visitors to Newport Beach, and fewer jobs for those who live, and those who want to work, in Newport Beach. 468-46b.6a (Newport Beach 8·89) 20.75.005 PLANNING AND ZONING 3. The Land Use Policies in the General Plan and Zoning Ordinances of the City of Newport Beach seek to maintain and enhance those qualities that make Newport Beach one of the most desirable places to live, work or visit. The land use element of the General Plan requires the City to adopt zoning ordinances and other development standards to ensure that the beauty and charm of existing residential neighborhoods is maintained and that commer- cial and office projects are aesthetically pleasing as well as compatible to surrounding uses. This policy is to be implemented, in part, through the adoption of ordinances which. to the maximum extent permitted by law regulate or restrict the placement of satellite dishes and other visually ob- trusive objects. 4. The unique charm and character of Newport Beach is preserved, in large measure, by ordinances, policies and regulations which, among other things, restrict and regulate the height and location of structures, related facilities or equipment and landscaping. 5. Satellite dish antennas, due to their size, shape, bulk, weight, and overall appearance, would, if unregulated, reduce the charm, and beauty, and aesthetics of residential and commercial areas within Newport Beach. Satellite dish antennas, due to their size and bulk, are likely to block views of natural or manmade features of interest to public and owners of private property. Since the value of property in Newport Beach is linked to views available from the property, any reduction in views caused by satellite dish (. antennas is likely to significantly reduce property values. Satellite dish \. antennas, if improperly located, could reduce views of. and from, public streets and alleys and create significant risks to motorists and pedestrians alike. The size and bulk of satellite dish antennas significantly reduces open space, and their overall appearance gives the impression of even greater reductions in open space. The futuristic appearance of satellite dish antennas is. to a considerable extent, inconsistent with the character and aesthetics of many of existing residential, commercial and recreational areas within New- port Beach. The proliferation of satellite dish antennas could significantly reduce the charm and beauty of those areas, and result in substantial reduc- tions in property value, and reductions in income derived from the tourist and business traveler. D. The provisions of this Chapter represent an effort to minimize the impact of the regulations on the right of individuals to receive satellite de- livered signals and, in the opinion of the City Council, constitute the least intrusive means available to the City to mitigate the potential adverse impacts on the safety and welfare of our residents and the quality and aesthetics of the community. E. It is the intent of the City Council that this Chapter be administered and interpreted such that it does not constitute an unreasonable limitation on the reception of satellite delivered signals or the transmission of such signals and that the costs associated with processing applications for permits and comply with conditions imposed by those permits are not excessive in (Newport Beach 8-89) 468-46b.6b SATELLITE DISH ANTENNAS 20. 75.010-20. 75.030 light of the cost of the purchase and installation of the regulated equip- ment. (Ord. 89-14 §I (part). 1989). 20.75.010 Definitions. A. Satellite Dish Antenna/Antenna. The term "satellite dish antenna" or "antenna" shall, for the purposes of this Chapter. mean any parabolic and/or disk shaped antenna of either solid or mesh con- struction, intended for the purposes of receiving communications from an orbiting satellite transceiving or transmitting signals or communications to a satellite, as well as all supporting equipment necessary to install or mount the antenna. (Ord. 89-14 §I (part), 1989). 20.75.020 Permit Requirements. Satellite dish antennas that conform to the development standards in Section 20.75.030 are permitted as accessory uses in all zoning districts subject to the issuance of a building permit. Satellite dish antennas that do not conform to Section 20.75.030 shall be permitted in all zoning districts subject to issuance of a satellite dish antenna permit and building permit. (Ord. 89-14 § 1(part),1989). 20.75.030 Development Standards. A. Setbacks. No portion of any satellite dish antenna shall be located in any required setback area provided, however, satellite dish antennas which do not exceed six (6) feet in height may be located in any required side yard setback behind the front yard setback and in any rear yard setback where the rear yard setback is not adjacent to an alley. B. Number. No more than one satellite dish antenna shall be permitted on a building site. C. Color. All satellite dish antennas not screened shall be painted in a manner compatible with the structures on the site. D. Sign. No sign of any kind shall be posted or displayed on any satellite dish antenna. E. Ground Mounted Satellite Dish Antennas. (1) Size. The diameter of a ground mounted dish antenna shall not exceed ten (I 0) feet. (2) Height. Except as provided in Paragraph A, above, the height of any portion of a ground mounted dish antenna shall not exceed fifteen (15) feet. (3) Location. In all residential zones a ground mounted dish antenna shall be located on the rear one-half of the building site, provided, however, if a building site borders a public street and any waterway, beach, bluff, or park, the satellite dish antenna shall be located in the middle one-third (1/3) of the lot measured from the property line adjacent to the public street to the rear property line, mean high tide line, actual high tide line, or bulkhead line, whichever is closest to the property line adjacent to the public street. (4) Other Requirements. Ground mounted dish antennas shall not re- duce area required, by provisions of this Code, for parking, internal circu- lation, landscaping or other development standard criteria. 468-46b.6c (Newport Beach 8-89) 20.75.035 PLANNING AND ZONING F. Roof Mounted Antennas. ( 1) Size. The diameter of any roof mounted satellite dish antenna shall not exceed ten (10) feet. (2) Height. Roof mounted antennas shall not: (a) If installed on a flat roof the antenna shall not exceed the height limit for the district: (b) If installed on a sloping roof the antenna shall not exceed the height limit for the district applicable to sloping roofs and the highest point of the antenna shall not exceed the maximum height of the permitted ridge line. (3) Location. Roof mounted dish antennas shall be mounted on the rear one-half of the building site or the rear one-half of the building furthest from the primary access to the site, whichever is furthest from the front property line. provided, however, if a building site borders a public street and any waterway, beach, bluff, or park, the satellite dish 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 prop- erty 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 under-( ground or otherwise screened from view. \ (5) Permanent Mounting. For a land based installation, all dish antennas shall be permanently mounted and no antenna may be installed on a portable or movable structure. (Ord. 89-14 ~I (part), 1989). 20.75.035 Satellite Dish Antenna Permit. An application for a satellite dish antenna permit shall be made on forms provided by the Planning Department and shall be accompanied by the following: (I) Site plans drawn to scale and dimensioned, showing the proposed location of the antenna in relation to property lines, setbacks, and any structures on the site. (2) Manufacturer's specifications for the antenna. (3) Specific details of any equipment associated with the installation of the antenna such as footings, guide wires and braces, including roof top mounts if applicable. ( 4) Elevations drawn to scale and dimensioned so as to fully describe the proposed structure and any proposed screening. (5) Written consent of the property owner. (6) Statement of the reasons why strict conformance with the develop- ment standards specified in Section 20.75.030 will: (a) Unreasonably limit, or prevent, reception or transmission of satellite signals; (b) Result in excessive expense in light of the cost of purchase and in- stallation of antenna; or (Newport Beach 8·89) 468-46b.6d SATELLITE DISH ANTENNAS 20.75.040-20.75.050 (c) Be necessary to achieve the goals and objectives specified in this Chapter. (Ord. 89-14 § 1 (part), 1989). 20.75.040 Issuance of Permit. (a) The Planning Director shall issue a pennit for any satellite dish antenna if strict compliance with the provisions of Section 20.75.030: 1. Will result in unreasonable limitations on, or prevent, reception or transmission of satellite delivered or received signals; 2. The cost of strict compliance with the development standards would be excessive in light of the purchase and installation costs of the antenna; or 3. Is not necessary to achieve the objectives of this Chapter. (b) In the event the applicant demonstrates that strict compliance would unreasonably restrict or prevent reception or transmission of signals, or result in excessive costs, the Planning Director shall issue the pennit subject to any conditions necessary or appropriate to minimize the impact of the installation of the antenna, provided the conditions do not unreasonably prevent or limit transmission or reception of signals will result in excessive costs. (Ord. 89-14 § 1 (part) 1989). 20.75.045 Appeal. An applicant for a satellite dish antenna pennit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within thirty (30) days after written notice from the Planning Director of the decision denying the pennit or the decision imposing conditions on the pennit. The Planning Commission may preside over the appea), or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission shall render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event the applicant is not satisfied with the decision of the Planning Commis- sion, the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within fourteen (14) days following notice of the action of the Planning Commission. The hearing before the City Council shall be set within thirty (30) days from the date of the appeal. The City Council may appoint a hearing officer to take evidence and make findings and recom- mendations if the Planning Commission presided over the initial appeal. The City Council shall render its decision within thirty (30) days after the hearing on the appeal. The decision of the City Council shall be final. (Ord. 94-20 § 6, 1994: Ord. 89-14 § I (part), 1989). 20.75.050 Fees. No person shall be charged a fee for applying for a satellite dish antenna pennit. Fees for an appeal to the Planning Commission or City Council shall be established by resolution of the City Council. (Ord. 89-14 § 1 (part), 1989). 468-46b.6e (Newport Beach 8-94) 20.75.060--20.75.070 PLANNING AND ZONING 20.75.060 Notice. Whenever notice is required pursuant to the provisions of this Chapter, notice of a decision shall be deemed given when the decision is announced by the Planning Commission or City Council at the hearing on the appeal, or written notice of the appeal is deposited in the United States mail, first class, postage prepaid, and addressed as specified on the application for satellite dish antenna permit. (Ord. 89-14 § 1 (part), 1989). 20.75.065 Nonconforming Antennas. Satellite dish antennas in existence as of the effective date of this Chapter shall be considered legal and noncon· forming. 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 Chapter, unless the expansion, enlargement or relocation is necessary to permit reasonable use of the satellite dish antennas and, in such event, a satellite dish antenna permit shall be obtained prior to any such expansion, enlargement or relocation. (Ord. 89-14 § 1 (part), 1989). 20.75.070 Separability. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Chapter. (Ord. 89-14 § 1 (part), 1989). (Newport Beach 8-94) 468-46b.6f TIME-SHARE DEVELOPMENTS 20.76.005-20.76.015 Sections: 20.76.005 20.76.010 20.76.015 20.76.020 Chapter 20. 76 TIME-SHARE DEVELOPMENTS Intent. Definitions. Prohibitions. Separability. 20.76.005 Intent. The City Council finds that time-share projects differ in many aspects from other transient visitor facilities in types of construc- tion, forms of ownership, patterns of use and occupancy, and commercial management; and the City Council determines that the unique features of time-share projects can have adverse affects on both the areas surrounding such use and the whole of the City. Therefore, the ordinance codified in this chapter is adopted to protect the health, safety, peace, and welfare of the public by prohibiting time-share developments in the City of Newport Beach. (Ord. 82-14 § I (part), 1982). 20.76.010 Definitions. The following terms used herein shall have the meanings indicated: A. TIME-SHARE ESTATE. The term "time-share estate" shall mean a right of occupancy in a time-share project that is coupled with an estate in the real property. B. TIME-SHARE INTERVAL. The term "time-share interval" shall mean the period or length of time of occupancy in a time-share unit. C. TIME-SHARE PROJECT. The term "time-share project" shall be applied to any development wherein a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a Jot, 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. D. TIME-SHARE UNIT. The term "time-share unit" shall mean each portion of the real property or real property improvement in a project that is divided into time-share intervals. E. TIME-SHARE USE. The term "time-share use" shall mean a license or contractual or membership right of occupancy in a time-share project that is not coupled with an estate in the real property. (Ord. 82-14 § I (part), 1982). 20.76.015 Prohibitions. A. The construction, sale or development of any time-share unit shall be hereafter prohibited in the City of Newport Beach. 468-46b. 7 (Newport Beach 5-88) 20.76.020-20.77.005 PLANNING AND ZONING B. It shall be unlawful to sell any right of occupancy in a time-share estate. C. It shall be unlawful to sell, rent or give by contract or otherwise any license or membership right of occupancy in a time-share project which is not coupled with an estate in real property. D. It shall be unlawful to convert to a time-share project, a time-share estate, or a time-share use, all or any part of: I. An existing single-family residential unit; 2. An existing residential unit in a condominium project; 3. An existing apartment or multifamily residential unit; or 4. An existing hotel or motel room or unit. (Ord. 82-14 § 1 (part), 1982). 20. 76.020 Separability. If any provisions or requirements of this Chapter shall be found invalid or unconstitutional in application or in interpretation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. (Ord. 82-14 § 1 (part), 1982). Sections: 20.77.005 20.77.010 20.77.020 20.77.030 20.77.035 20.77.040 20.77.050 20.77.060 20.77.070 20.77.075 20.77.080 Chapter 20.77 AMATEUR RADIO ANTENNAS Findings. Definitions. Permitted Use. Development Standards. Application for Permit. Issuance of Permit. Appeal. Fees. Notice. Nonconforming Antennas. Separability. 20.77.005 Findings. The City Council of the City of Newport Beach, in adopting this Chapter, finds and declares as follows: A. The Federal Communications Commission has established a rule preempting state and local regulations that operate to preclude amateur radio communications. However, the FCC has not preempted local regula- tions involving placement, screening or height of amateur radio antennas so long as the regulations are based on health, safety or aesthetic considera- tions, represent a reasonable accommodation of amateur radio communica- tions, and constitute the minimum practicable regulation necessary to ac- complish the local agency's legitimate purposes. (Newport Beach 5-88) 468-46b.8 _/ AMATEUR RADIO ANTENNAS 20.77.005 B. Amateur radio antennas differ from other antenna, such as roof- mounted television antenna, in terms of their size, shape, weight and founda- tion requirements, and these factors raise aesthetic, safety and welfare con- cerns that warrant special regulation. C. The regulation of amateur radio antenna, as provided in this Chapter, is necessary to the health, safety and welfare of persons living, working and owning property in the City of Newport Beach in that: L The unique charm and beauty of the residential, waterfront com- mercial, and recreational areas of the City of Newport Beach contribute to high property values and constitute the basis for a large percentage of the City's economy. The failure to maintain, and enhance, the charm and beauty of Newport Beach could result in reduced property values and reduced revenue for those businesses that serve the many visitors to Newport Beach. 2. The Land Use Policies in the General Plan and Zoning Ordinances of the City of Newport Beach seek to maintain and enhance those qualities that make Newport Beach one of the most desirable places to live, work or visit. According to the General Plan policies of the City of Newport Beach, a pri- mary objective is to preserve and protect those areas, buildings, structures or natural resources which are of historic, cultural, or aesthetic value to the community. The General Plan requires the adoption of zoning ordinances and other controls to preserve visual access to major natural features, such as the ocean and bay. and insure that all public and private development is compatible with the unique natural and manmade resources that give Newport Beach its charm and character. 3. The unique charm and character of Newport Beach is preserved, in large measure, by ordinances, policies and regulations which, among other things, restrict and regulate the height and location of structures, related fa- cilities or equipment and landscaping. 4. Amateur radio antennas, due to their height, size, and overall appearance, have the potential to block or impair views of natural and man- made features of importance to the public and owners of property if left un- regulated. The antennas, because of their height and unique appearance, tend to dominate the landscape and reduce visual open space. The overall appear- ance of amateur radio antennas is inconsistent with the character and aesthe- tics of many of the existing residential, commercial and recreational areas within Newport Beach and the proliferation of such antennas could signi- ficantly reduce the charm and beauty of those areas, reduce property values, reduce income derived from tourism, and reduce the number of job op- portunities available in the City. D. The provisions of this Chapter also protect the safety of persons living, and working, in Newport Beach in that free-standing amateur radio antennas do pose a threat to the safety of persons or property in the vicinity in the event of collapse. The provisions of this Chapter, will help insure that amateur radio antennas are installed in a manner that insures the safety and security of persons and property living or working nearby. 468-46b.9 (Newport Beach 5·88) 20. 77.010-20. 77.030 PLANNING AND ZONING E. The prov!Slons of this Chapter represent the mm1mum practical regulation necessary to satisfy the aesthetic, health, safety and welfare con- cerns that have prompted these minimal restrictions on amateur radio antennas. F. It is the intent of the City Council that this Chapter be administered and interpreted to reasonably accommodate amateur radio communications, to constitute the minimum regulation necessary to accomplish the purposes of this Chapter, and to impose no unreasonable cost on the amateur radio operators. (Ord. 88-6 § I (part), 1988). 20.77.010 Definitions. A. Amateur Radio Antenna. The term "amateur radio antenna" shall mean any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. B. Antenna Structure. The term "antenna structure" refers collectively to an antenna and its supporting mast or tower, if any. C. Mast. The term "mast" shall mean a pole of wood or metal, or a tower fabricated of metal, used to support an amateur radio antenna and maintain it at the proper elevation. D. Whip Antenna. The term "whip antenna" shall mean an antenna consisting of a single, slender, rod-like element, Jess than one wave length Jong, which is supported only at or near its base. (Ord. 88-6 § I (part), 1988). 20. 77 .020 Permitted Use. Amateur radio antennas, structures and masts that comply with the development standards specified in Section 20.77.030 are permitted as an accessory use in all zoning districts subject to issuance of any other appropriate permit. Amateur radio antennas, structures and masts which do not conform to Section 20. 77.030 shall be permitted subject to first securing an amateur radio antenna permit, and any other appropriate permits. (Ord. 88-6 § 1 (part), 1988). 20. 77.030 Development Standards. A. Lowering Device. All amateur radio antennas, capable of a maximum extended height in excess of 40 feet, with the exception of whip antennas, shall be equipped with a motorized device and mechanical device, each capable of lowering the antenna to the maximum permitted height when not in operation. B. Permitted Height. (I) The height of an antenna shall be measured from natural grade at the point the mast touches, or if extended would touch, the ground. (2) When in operation, no part of any amateur radio antenna shall ex- tend to a height of more than 57 feet above natural grade of the site on which the antenna is installed. (3) When not in operation, no part of any amateur radio antenna, ex- cepting whip antennas, shall extend to a height of more than 28 feet (Newport Beach 5-88) 468-46b. l 0 AMATEUR RADIO ANTENNAS 20. 77 .035-20. 77 .040 measured above natural grade of the site on which the antenna is installed. C. Number Permitted. One amateur radio antenna structure and one whip antenna shall be permitted on each building site. D. Siting/Setbacks. The antenna structure shall be located on site in a manner which will minimize the extent to which the structure is visible to nearby residents and members of the general public. Antenna structures shall be considered to satisfy this criteria if: I. No portion of the antenna structure or mast is located within any required setback area; and 2. No portion of the antenna structure or mast is within the front 40% of that portion of the building site that abuts a street; and 3. In the event a building site abuts two or more streets, the mast is not located within the front 40% of that portion of the building site where primary access is provided to the property. (Ord. 88-6 § l (part), 1988). 20. 77 .035 Application for Permit. The development standards in Section 20. 77 .030 may be waived or modified by the Planning Director upon applica- tion for an amateur radio antenna permit. The application shall be on a form supplied by the Planning Department and shall be accompanied by the follow- ing information, maps and plans: (1) Site plans drawn to scale and dimensioned, showing the proposed location of the antenna. (2) Manufacturer's specifications of the antenna structure. (3) Details of footings, guys, and braces. (4) Details of attaching or fixing the antenna to the roof (if applicable). (5) Elevations drawn to scale and dimensioned so as to fully describe the proposed structure. (6) Statement of the reasons why strict conformance with the development standards specified in Section 20.77.030 will unreasonably interfere with the operator's ability to receive or transmit signals or impose unreasonable costs on the amateur radio operator when viewed in light of the cost of the equip- ment. (Ord. 88-6 § 1 (part), 1988). 20. 77 .040 Issuance of Permit. The Planning Director shall issue an amateur radio antenna permit if the applicant demonstrates that strict compliance with the development standards specified in Section 20. 77 .030 would unreasonably interfere with the applicant's ability to receive or transmit signals, would impose unreasonable costs on the operation when viewed in light of the cost of the equipment, or that strict compliance with the development standards is not, under the circumstances of the particular case, necessary to achieve goals and objectives of this Chapter. In granting the permit, the Planning Director may impose conditions reasonably necessary to accomplish the purposes of this Chapter, provided those conditions do not unreasonably interfere with the ability of the applicant to receive or transmit signals or result in extensive cost or expense. (Ord. 88-6 § 1 (part), 1988). 468-46b.1 l (Newport Beach 8-94) 20.77.050-20.77.075 PLANNING AND ZONING 20.77.050 Appeal. An applicant for an amateur radio antenna permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within thirty (30) days after written notice of the decision of the Planning Director. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission shall render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event the applicant is not satisfied with the decision of the Planning Commis- sion, the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within fourteen (14) days following notice of the action of the Planning Commission. The hearing before the City Council shall be set within thirty (30) days from the date of the appeal. The City Council may appoint a hearing officer to take evidence and make findings and recom- mendations if the Planning Commission presided over the bearing. The City Council shall render its decision within thirty (30) days after the hearing on the appeal. The decision of the City Council shall be final. (Ord. 94-20 § 7, 1994: Ord. 88-6 § 1 (part), 1988). 20.77.060 Fees. No person shall be charged a fee for applying for an amateur radio antenna permit. Reasonable fees for an appeal to the Planning Commission or City Council shall be established by resolution of the City Council. (Ord. 88-6 § 1 (part), 1988). 20. 77 .070 Notice. A. Whenever notice is required pursuant to the provisions of this Chapter, notice shall be deemed given when a decision is announced at the hearing on any appeal or when written notice of the decision or intent to appeal is deposited in the United States mail, first class, postage prepaid, and, in the case of an applicant, addressed as specified on the application for permit. B. Notice of an application for a building or other permit necessary to construct a new, or modify an existing, amateur radio antenna, structure or mast, shall be 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. (On!. 88-6 § 1 (part), 1988). 20.77.075 Nonconforming Antennas. Amateur radio antennas, antenna structures, and masts in existence as of the effective date of the ordinance codified in this Chapter 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 (Newport Beach 8-94) 468-46b.12 GRANNY UNITS 20.77 .080-20.78.020 structures, and masts that are a legal nonconforming use shall comply with the provisions of Section 20. 77 .030B (Permitted Height) to the extent that they are capable of doing so without modification. Amateur radio antennas, antenna structures and masts may be enlarged, expanded or relocated only if brought into compliance with the provisions of this 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 amateur radio antenna permit shall be obtained before any expansion, en- largement or relocation. (Ord. 88-6 § 1 (part), 1988). 20. 77.080 Separability. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Chapter. (Ord. 88-6 § 1 (part), 1988). Sections: 20.78.010 20.78.015 20.78.020 20.78.025 20.78.030 20.78.035 20.78.040 Chapter 20.78 GRANNY UNITS Intent and Purpose. Definition. Use Permit Required. Development Standards. Verification of Occupancy. Recordation Required. Termination of Use. 20.78.010 Intent and Purpose. The intent and purpose of this Chapter is to establish procedures for the creation of granny units as defined in this Chapter and in California Government Code Section 65852.1, and to provide development standards to insure the orderly development of these units in appropriate areas of the City. (Ord. 88-46 § 3 (part), 1988). 20.78.015 Definition. As used in this Chapter, a granny unit is defined as a detached or attached dwelling unit to be constructed on a building site zoned for a single family residence in conjunction with a primary residence, with the second dwelling unit intended for the sole occupancy of one or two adult persons who are sixty (60) years of age or older, and the area of floor· space of the second dwelling unit does not exceed six hundred forty (640) square feet. (Ord. 88-46 § 3 (part), 1988). 20. 78.020 Use Permit Required. Appr~val of a Use Permit in accord- ance with the provisions of Chapter 20.80 of the Municipal Code is required 468-46b.13 (Newport Beach 2-90) 20. 78.025-20. 78.035 PLANNING AND ZONING for the establishment of any granny unit as defined in this Chapter. (Ord. 88-46 § 3 (part), 1988). 20. 78.025 Development Standards. The following standards shall be met prior to the. occupancy of the granny unit pursuant to this Chapter: A. Building Height. Building height shall be regulated by Chapter 20.02 of the Municipal Code, in accordance with the "Official Height Limitations Zone Map" incorporated within Chapter 20.02. Granny units located in the R-1 District, which are detached from the primary residence and on the second floor of an accessory building, are permitted to conform to the pro- visions 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 one independently accessible park- ing space for the granny unit, provided there are at least two covered parking spaces on the site. This additional parking space shall be kept free, clear and accessible for the parking of a vehicle at all times. G. Owner/Occupancy Required. The primary residence or granny·unit shall be continuously occupied by at least one person having an ownership interest in the property. (Ord. 89-22 § 1, 1989: Ord. 88-46 § 3 (part), 1988). 20.78.030 Verification of Occupancy. Commencing with the final in- spection 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 sixty ( 60) years of age or older. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. (Ord. 88-46 § 3 (part), 1988). 20. 78.035 Recordation Required. Subsequent to the approval of a Use Permit and prior to the issuance of a building and/or grading permit for a granny unit, the property owner shall record a deed restriction with the (Newport Beach 2-90) 468-46b.14 SECOND FAMILY UNITS 20. 78.04it-20. 79 .020 County Recorder's Office, the fonn 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 sixty (60) years of age. Said document shall also contain all conditions of approval imposed by the Planning Commission or City Council. This deed restriction shall remain in effect so long as the granny unit exists on the property. (Ord. 88-46 § 3 (part), 1988). 20.78.040 Termination of Use. In the event that the property owner de- sires to tenninate the use of the granny unit and remove the deed restriction, building pennits shall be obtained that restore the property to a single dwelling unit as defined in Section 20.87.140 of the Municipal Code. The Planning Director shall review and approve the plans prior to the issuance of the building pennits to insure compliance with the intent of this Section and Section 20.87.140. Upon completion of the final inspection by a City Building Inspec- tor, the Planning Director shall cause the deed restriction to be removed from the property by the County Recorder. (Ord. 88-46 § 3 (part), 1988). Sections: 20.79.010 20.79.015 20.79.020 20.79.025 Chapter 20.79 SECOND FAMILY UNITS Intent and Purpose. Definition. Prohibitions. Separability. 20.79.010 Intent and Purpose. It is the intent of this Chapter to prohibit the development of second family residential units on single family residential lots as provided for in Section 65852.2 of the California Government Code. (Ord. 88-39 § 3 (part), 1988). 20.79.015 Definition. The following tenn used in this Chapter shall have the meaning indicated herein: Second Family Residential Unit. A dwelling unit accessory to and either attached to, detached from, or contained within the primary dwelling unit on a building site. (Ord. 92-47 § 3 1992: Ord. 88-39 § 3 (part) 1988). 20.79.020 Prohibitions. The creation of a second family residential unit on all building sites within the City of Newport Beach where the zoning and 468-46b.15 (Newport Beach 2-93) 20.79.025 PLANNING AND ZONING General Plan pennit only one (1) dwelling unit is expressly prohibited. Nothing contained herein shall affect the creation of Granny Units under Section 65852.1 of the California Government Code that are in compliance with the Newport Beach Municipal Code. (Ord. 88-39 § 3 (part), 1988). 20.79.025 Separability. If any provisions or requirements of this Chapter shall be found invalid or unconstitutional in application or interpretation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. (Ord. 88-39 § 3 (part), 1988). Sections: 20.80.010 20.80.020 20.80.030 20.80.050 20.80.060 20.80.070 20.80.075 (Newport Beach 2-93) PART VIII. ADMINISTRATION Chapter 20.80 PERMITS Zoning Pennit Required. Use Pennits. Application for Use Pennit-Fee. Public Hearings. Action by Commission or City Council. Use Pennit Appeal. Right of Review by City Council. 468-46b.16 20.80.077 20.80.080 20.80.090 PERMITS 20.80.010-20.80.050 Notice to County Assessor and Owner. Use Pennit Requisite to Other Pennits. Expiration and Revocation of Pennit Approvals. 20.80.010 Zoning Permit Required. Zoning Pennits shall be required for all buildings and structures hereinafter erected, constructed, altered, repaired, or moved within or into any district established by this Title, and for the use of vacant land or for a change in the character of the use of land, within any district established by this Title. Such pennit may be a part of the building pennit and shall be issued by the Building Inspector prior to any construction. (Ord. 1657 (part), 1976). 20.80.020 Use Permits. Use Pennits, revocable, conditional or valid for a tenn period may be issued for any of the uses or purposes for which such pennits are required or pennitted by the tenns of this Title. (Ord. 1657 (part), 1976). 20.80.030 Application for Use Permit -Fee. Applications for Use Pennits shall be filed in the office of the Community Development Department in writing on forms prescribed by the Director, and shall be accompanied by a fee as established by Resolution of the City Council, and by plans and elevations necessary to show the detail of the proposed building or use. Application for a Use Permit may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the recorded owner or the lessee or may be signed by an agent of the owner if written authorization from the record owner is filed with the application. (Ord. 1686 § 4, 1976: Ord. 1657 (part), 1976). 20.80.050 Public Hearings. A. DISCRETIONARY. No public hearings need be held in connection with the grant or denial of an application for a Use Pennit; provided that the Planning Commission may in its discretion hold such public hearings as it deems advisable. B. REQUIRED NOTICE. When it is deemed advisable to hold a public hearing, notice of such hearing shall be mailed not less than ten ( 10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alteratively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. In addition to the mailed notice, such hearings shall be posted in not less than two conspicuous places on or close to the property at least ten ( 10) days prior to the hearing. C. CONTINUANCE. Upon the date set for a public hearing before the Planning Commission or an appeal before the City Council, the Planning 46847 (Newport Beach 8-94) 20.80.060-20.80.070 PLANNING AND ZONING Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (Ord. 1705 § l, 1977: Ord. 1695 § l, 1976: Ord. 1657 (part), 1976). 20.80.060 Action by Commission or City Council. A. FINDINGS. In order to grant any Use Permit, the Planning Commission or the City Council in acting on appeals or reviewing any decision of the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. B. IMPOSITION OF CONDITIONS. The Planning Commission or the City Council in acting on appeals or in reviewing any decision of the Planning Commission may impose such conditions in connection with the granting of a Use Permit as they deem necessary to secure the purposes of this Title and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off-street parking facilities as determined in each case. In the event of an appeal to the City Council from a decision of the Planning Commission granting or denying a Use Permit, the Planning Commission shall file with the City Council prior to the hearing of the appeal written findings setting forth the reasons for the decision. C. RENDERING OF DECISION. After the conclusion of the hearing on any application for a Use Permit, the Planning Commission shall render a decision within 35 days. Use Permits shall not become effective for fourteen (14) days after being granted, and in the event an appeal is filed or if the City Council shall exercise its right to review any such decision, the permit shall not become effective unless and until a decision granting the Use Permit is made by the City Council. The granting of any Use Permit pursuant to the provisions of this Title is hereby declared to be an administration function, the authority and responsibility for performing which is imposed upon the Planning Commission, and the action thereon by the Planning Commission shall be final and conclusive, except in the event of an appeal or an exercise of its right of review by the City Council. (Ord. 94-20 § 8 (part), 1994: Ord. 1657 (part), 1976). 20.80.070 Use Permit Appeal. A. INITIATION OF APPEAL. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the City Council by filing a notice of appeal with the City Clerk within fourteen (14) days following said action. Said notice of appeal shall be accompanied by a fee as established by Resolu- tion of the City Council. (Newport Beach 8-94) 468-48 PERMITS 20.80.075-20.80.090 B. DATE-NOTICE. The City Clerk shall set a date for public hearing and give notice in the manner prescribed in Section 20.80.050. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission. Upon receiving notice of appeal to the City Council, the Planning Director shall submit a written report of the Planning Commission proceedings to the City Council, together with all maps, letters, exhibits, and other docu- mentary evidence considered by the Planning Commission in reaching a decision. C. DECISION. The City Council shall render its decision within 30 days after the close of such hearing. (Ord. 94-20 § 8 (part), 1994: Ord. 1686 § 5, 1976: Ord. 1657 (part), 1976). 20.80.075 Right of Review by City Council. The City Council, on its own motion, adopted by four affirmative votes, may elect to review any decision of the Planning Commission granting a Use Permit. The City Council's right of review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any Use Permit proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.80.050. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (Ord. 94-20 § 8 (part), 1994: Ord. 1657 (part), 1976). 20.80.077 Notice to County Assessor and Owner. Within thirty (30) days following the effective date of the Use Permit, the Department of Community Development shall notify the County Assessor and the owner of record, in the event the Use Permit was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code. (Ord. 1705 § 2, 1977). 20.80.080 Use Permit Requisite to Other Permits. No building or zoning permit or certificate of occupancy shall be issued in any case where a Use Permit is required by the terms of this Ti tie unless and until such Use Permit has been granted by the Planning Commission or by the affirmative vote of the City Council on appeal or review and then only in accordance with the terms and conditions of the Use Permit granted. (Ord. 1657 (part), 1976). 20.80.090 Expiration and Revocation of Permit Approvals. A. EXPIRA- TION. Any Zoning Permit or Use Permit granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of 468-49 (Newport Beach 8-94) 20.81.010 PLANNING AND ZONING approval unless a building pennit has been issued and construction has com- menced prior to the expiration date. Tue Planning Commission and the City Council may specify a different expiration date at time of approval. B. Violation ofTenns. Any zoning pennit or use pennit granted in accor- dance with the tenns of this Title may be revoked if any of the conditions or tenns of such pennit are violated, or if any law or ordinance is violated in connection therewith. C. Hearing. Tue Planning Commission shall hold a hearing on any pro- posed revocation after giving written notice to the pennittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recom- mendation of the Planning Commission. (Ord. 88-32 § 1, 1988; Ord. 1861 § 2, 1980: Ord. 1700 § l, 1976: Ord. 1657 (part), 1976). Sections: 20.81.010 20.81.020 20.81.030 20.81.040 20.81.050 20.81.060 20.81.070 20.81.075 20.81.080 20.81.090 20.81.100 Chapter 20.81 MODIFICATIONS COMMITTEE Modifications Committee. Powers and Duties. Hearings. Required Notice. Applications. Action by Committee. Appeal. Notice to County Assessor and Owner. Referral to Planning Commission. Expiration and Revocation of Modification Approvals. Administrative Act. 20.81.010 Modifications Committee. A Modifications Committee consist- ing of three members is hereby established for the purpose of passing upon requests for reasonable use of property not pennissible under existing regula- tions. Tue Modifications Committee shall have authority to grant, subject to appeal to the Planning Commission under provisions of this Title, modifications as provided herein. The Committee shall be composed of the following mem- bers: the Planning Director or his designated representative; the Public Works Director or his designated representative; and the Building Director or his designated representative. The Planning Director shall act as chainnan and staff members shall be assigned to aid the Committee as necessary. (Ord. 1854 § 2, 1980: Ord. 1657 (part), 1976). (Newport Beach 8-94) 468-50 ( \. \ / MODIFICATIONS COMMITI'EE 20.81.020-20.81.040 20.81.020 Powers and Duties. Whenever a strict interpretation of the provisions of Title 20 of this Code, or its application to any specific case or situation would preclude a reasonable use of property not otherwise permissible under existing regulations, the Modifications Committee may grant approval of such modifications relating to: required building setbacks in front, side or rear yards; heights of walls, hedges or fences; distances between buildings; area, number and height of signs not requiring an Exception Permit; structural appurtenances or projections which encroach into front, side or rear yards; location of accessory buildings on a building site; the construction or installa- tion of chimneys, vents, rooftop architectural features and solar equipment in excess of permitted height limits; size or location of parking spaces or access to parking spaces; swimming pool and swimming pool equipment encroach- ments; roof parking of automobiles; minor modifications and improvements to uoncouforming buildings; lot line adjustments; tentative parcel maps; condomin- ium conversion permits in accordance with Chapter 20.73 of this Title; and such items as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council. The Modifications Committee shall also pass upon all requests to extend existing use permits which have been approved by the Planning Commission and exercised by the applicant. (Ord. 94-47 § 6, 1994: Ord. 94-29 § 21, 1994: Ord. 94-17 § 4, 1994: Ord. 92-44 § 1, 1992: Ord. 92-7 § 1, 1992: Ord. 89-35 § 3 (part), 1989: Ord. 1854 § 3, 1980: Ord. 1657 (part), 1976). 20.81.030 Hearings. The Modifications Committee shall hold one or more regular meetings each month and may hold special meetings as necessary. Upon the receipt, in proper form, of any application filed pursuant to this chapter, a time and place for a public hearing shall be fixed, to be held not less than ten (10) days nor more than thirty (30) days thereafter. Upon the date set for the public hearing before the Modifications Committee, the Committee may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (Ord. 1657 (part), 1976). 20.81.040 Required Notice. Notice of such hearing shall be mailed not less than ten ( 10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of one hundred ( 100) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. (Ord. 1705 § 3, 1977: Ord. 1695 § 2, 1976: Ord. 1657 (part), 1976). 468-51 (Newport Beach 2-95) 20.81.050-20.81.060 PLANNING AND ZONING 20.81.050 Applications. A. PROCEDURE. Application for a modification shall be made in writing to the Planning Department on forms provided by the City. Applications filed pursuant to this section shall be numbered consecutively in order of their filing and shall become a part of permanent official records of the City, and there shall be attached thereto copies of all notices and actions pertaining thereto. Application for modification may be made by the owner, lessee or agent of the owner of the property affected. The application shall be signed by either the record owner, the lessee or an agent of the owner, if written authorization from the record owner is filed with the application. However, in the case of a lot line adjustment, the record owners of all parcels involved shall sign the application form. B. INFORMATION REQUIRED. An application for a modification shall be accompanied by the following: (1) Plot plans showing all property lines, structures, parking, driveways, other major improvements or facilities and landscaped area; (2) Elevations of all proposed structures; (3) Other plans such as floor plans as may be required by tbe Planning Director to assure a proper consideration of the application; ( 4) In the case of a lot line adjustment, a map prepared by licensed surveyor or civil engineer showing the line to be adjusted, the property lines of the adjoining parcels, and structures adjacent to the line to be adjusted. C. FEES. Before receiving application for a modification, the City shall, ( for purposes of defraying the expenditures incidental to the proceedings " described herein, charge and collect a fee as established by Resolution of the City Council for each application. (Ord. 1854 § 4, 1980: Ord. 1686 § 6, 1976: Ord. 1657 (part), 1976). 20.81.060 Action by Committee. A. INVESTIGATION. The Modifications Committee shall cause to be made, by its own members or its respective staffs, such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this section and sound planning practices. B. FINDINGS. In order to grant relief to an applicant through a modifi- cation, the Committee shall find that the establishment, maintenance or opera- tion of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. In the case of lot line adjustments, the following specific findings shall be made: (1) The project site described in the proposal consists of legal building sites; (Newport Beach 2--95) 468-52 MODIFICATIONS COMMITIEE 20.81.070 (2) Any land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment; (3) The parcels proposed to be created by the lot line adjustment comply with all applicable zoning regulations, and that there will be no change in the land use, density, or intensity on the property; (4) The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities. C. IMPOSITION OF CONDITIONS. The Modifications Committee may impose such conditions in connection with the granting of a modification as they deem necessary to secure the purposes of this title and may require guarantees and evidence that such conditions are being or will be complied with. D. RENDERING OF DECISION. After the conclusion of the hearing on any application for a modification, the Committee shall render a decision within fifteen ( 15) days unless otherwise stipulated by the applicant and the Commit- tee. No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal, which for purposes of modifications shall be within fourteen (14) calendar days after the date of the Committee's decision. In the event an appeal is filed, the modification shall not become effective unless and until a decision is made by the Planning Commission on such appeal. E. NOTICE. The Modifications Committee shall set forth in writing the findings upon which the decision is made. A copy of said findings shall be mailed by first-class mail to the applicant and any other interested person who makes request during the public hearing. A copy shall also be posted on the official notice board of City Hall until such time as the decision has become final and copies shall also be directed to the Secretary of the Planning Commis- sion and the City Council. (Ord. 1854 §§ 5, 6, 1980; Ord. 1657 (part), 1976). 20.81.070 Appeal. A. INITIATION OF APPEAL. In case the applicant or any other interested person is not satisfied with the action of the Modifications Committee, he may appeal in writing to the Planning Commission by filing a Notice of Appeal with the Secretary of the Planning Commission within fourteen (14) calendar days following the decision of the Committee. B. FEE. To partially defray the administrative costs of the City, the Notice of Appeal shall be accompanied by a fee as established by Resolution of the City Council. C. DATE -NOTICE. The Planning Commission shall set a date for public hearing and give notice in the same manner as prescribed in Section 20.81.040. Upon receiving Notice of Appeal to the Planning Commission, the written findings of the Modifications Committee shall be submitted to the Planning Commission together with all maps, letters, exhibits, and other documentary evidence considered by the Modifications Committee in reaching a decision. 468-52a (Newport Beach 8-94) 20.81.070 PLANNING AND ZONING D. DECISION. The Planning Commission shall render its decision within thirty (30) days after the filing of such appeal. E. APPEAL TO CITY COUNCIL. (1) In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may appeal in writing to the City Council by filing a Notice of Appeal with the City Clerk within fourteen (14) days following said action. Said Notice of Appeal shall be accompanied by a fee as established by Resolution of the City Council. (2) DATE -NOTICE. The City Clerk shall set a date for public hearing and give notice in the same manner as prescribed in Section 20.81.040. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission. Upon receiving Notice of Appeal to the City Council, the Planning Director shall submit a written report of the Planning Commission proceedings to the City Council, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (3) DECISION. The City Council shall render its decision within thirty (30) days after the close of such hearing. F. RIGHT OF REVIEW BY CITY COUNCIL OR PLANNING COM- MISSION. The Planning Commission or City Council, on their own motions, adopted by four affirmative votes, may elect to review any decision of the Modifications Committee approving an application for a modification. The City Council on its own motion, adopted by four affirmative votes, may also elect to review any decisions of the Planning Commission approving an application for a modification. In the case of a decision from the Modifications Committee, ·the Planning Commission's or City Council's right of review may be initiated at any time prior to the expiration of fourteen (14) days from the date on which the Modifications Committee renders its decision. Said review may be initiated by any member of the Planning Commission or the City Council by notification to the Planning Director. The Planning Director will thereafter impose a temporary stay of the Modifications Committee's action until such time as the Planning Commission or City Council shall meet and decide to exercise their right of review by four affirmative votes. In the case of a decision from the Planning Commission, the City Council's right of review may be initiated at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any application for a modifi- cation proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.81.070E(2). The City Clerk shall also give written notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission proceedings together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (Ord. (Newport Beach 8-94) 468-52b MODIFICATIONS COMMITIEE 20.81.075-20.81.100 94-20 § 9, 1994: Ord. 1854 §§ 7, 8, 1980; Ord. 1788 § 1, 1979: Ord. 1686 §§ 7, 8, 1976; Ord. 1657 (part), 1976). 20.81.075 Notice to County Assessor and Owner. Within thirty (30) days following the effective date of the Modification Pennit, the Planning Depart· ment shall notify the County Assessor and the owner of record, in the event the Modification Pennit was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code. (Ord. 1854 § 9, 1980: Ord. 1705 § 4, 1977). 20.81.080 Referral to Planning Commission. In the event the Modifi- cations Committee detennines that an application should properly be heard by the Planning Commission, it may refer the matter to the Planning Commission for hearing and original detennination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this chapter. (Ord. 1657 (part), 1976). 20.81.090 Expiration and Revocation of Modification Approvals. A. EXPIRATION. Any Modification granted in accordance with the tenns of this Title shall expire within twenty-four (24) months from the date of approval unless a building pennit has been issued and construction has commenced prior to the expiration date. The Modifications Committee may specify a different expiration date at time of approval. B. VIOLATION OF TERMS. Any Modification granted in accordance with the tenns of this Title may be revoked if any of the conditions or tenns of such Modification are violated, or if any law or ordinance is violated in connection therewith. C. HEARING. The Modifications Committee shall hold a hearing on any proposed revocation for violation of the tenns and conditions of such Modifica- tion after giving written notice to the pennittee at least ten days prior to the hearing. (Ord. 88-32§2,1988; Ord. 1861§3, 1980: Ord. 1716 § 1, 1977: Ord. 1657 (part), 1976). 20.81.100 Administrative Act. The granting of any modification, when confonning to the provisions of this title, is hereby declared to be an admin- istrative function, the authority and responsibility for perfonning which is imposed upon the Modifications Committee and the Planning Director and the action thereon by the Modifications Committee or Planning Director shall be construed as administrative acts perfonned for the purpose of assuring that the intent and purpose of this title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or the zoning map of the City. (Ord. 1854 § 10, 1980: Ord. 1657 (part), 1976). 468-53 (Newport Beach 8-94) 20.82.010-20.82.020 PLANNING AND ZONING Sections: 20.82.010 20.82.020 20.82.030 20.82.040 20.82.050 20.82.060 20.82.070 20.82.080 20.82.090 Policy. Application. Chapter 20.82 VARIANCES Delegation of Authority to Community Development Director. Public Hearings. Action by Commission, Director or City Council. Appeal. Right of Review by City Council. Notice to County Assessor and Owner. Expiration and Revocation of Variance Approvals. 20.82.010 Policy. Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this Title may result from the strict application of certain provisions thereof, variance may be granted as provided in this Chapter. (Ord. 1657 (part), 1976). 20.82.020 Application. A. FILING -FEE. Applications for variances shall be made in writing and filed in the office of the Planning Department on forms prescribed by the Commission and shall be accompanied by a filing fee as established by Resolution of the City Council. B. APPLICANT. Application for a variance may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the record owner, lessee, or may be signed by an agent of the owner if written authorization from the record owner is filed with the application. C. EVIDENCE. The application shall, in addition, be accompanied by a statement, plans and evidence showing: (1) That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. (2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. (3) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighbor- hood. D. VARIANCE TO EXCEED BASE FLOOR AREA RATIO PROVI- SIONS OF CHAPTER 20.07. Variances may be approved to exceed the "Base FAR" up to the "Maximum FAR," consistent with the provisions of (Newport Beach 8-94) 468-54 / VARIANCES 20.82.04G-20.82.050 may delegate authority to act on any specific class of variance. Such delegation of authority shall be made by fonnal resolution of the Planning Commission and shall be subject to confinnation by the City Council. The withdrawal of the authority so delegated to the Director may be accomplished in the same manner as the authority was originally delegated or by fonnal resolution of the City Council alone. B. DISCRETION OF DIRECTOR. The Director of Community Develop- ment may in his discretion decline to act on any application for a variance over which he has been granted jurisdiction and may refer the application to the Planning Commission for its decision. (Ord. 1657 (part), 1976). 20.82.040 Public Hearings. A. REQUIRED NOTICE. A public hearing shall be held on all variances, except as otherwise provided in this Chapter, within sixty (60) days after filing of the application; provided, however, that public hearings need not be held on applications over which jurisdiction has been delegated to the Director of Community Development. Notice of such hearing shall be mailed not less than ten (IO) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten ( 10) days prior to the hearing. B. CONTINUANCE. Upon the date set for a public hearing or an appeal to the City Council, the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (Ord. 1705 § 5, 1977; Ord. 1695 § 3, 1976; Ord. 1657 (part), 1976). 20.82.050 Action by Commission, Director or City Council. A. FIND- INGS. In order to grant any variance, the findings of the Planning Commission, the Planning Director or the City Council in acting on appeals, shall be that the applicant has established the grounds for variance set forth in this Chapter. B. CONDITIONS. The Planning Commission, Planning Director, or City Council in acting on appeals, may designate such conditions in connection with the granting of a variance as they deem necessary to secure the purposes of this Title, and may require such guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off-street parking facilities as detennined in each case. C. RENDERING OF DECISION. After the conclusion of the hearing on any application for a variance, the Planning Commission or the Planning Director shall render a decision within 35 days following the close of the 468-55 (Newport Beach 8~94) 20.82.060-20.82.070 PLANNING AND ZONING hearing on the application. A variance shall not become effective for fourteen (14) days after being granted, and in the event an appeal is filed, the variance shall not become effective unless and until a decision granting the variance is made by the City Council on such appeal. The granting of any variance, when conforming to the provisions of this Title, is hereby declared to be an adminis- trative function, the authority and responsibility for performing which is imposed upon the Planning Commission and Planning Director and the action thereon by the Planning Commission or Planning Director shall be final and conclusive except in the event of an appeal as hereinafter provided. (Ord. 94-20 § 1 (part), 1994: Ord. 1657 (part), 1976). 20.82.060 Appeal. A. INITIATION OF APPEAL. In case the applicant or any person, firm or corporation is not satisfied with the action of the Planning Commission or the Planning Director, he may appeal to the City Council by filing a written notice of appeal with the City Clerk within fourteen (14) days after the decision is made. Said notice of appeal shall be accompanied by a fee as established by Resolution of the City Council. B. DATE -NOTICE. The City Clerk shall set a date for public hearing of the appeal and give notice as required in Section 20.82.040. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission, or the Planning Director if the appeal is from a decision of the Planning Director. Upon receiving notice of an appeal to the City Council, the written findings of the Planning Commission or the Planning Director shall be submitted to the City Council, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commission or the Planning Director in reaching a decision. C. DECISION. The City Council shall render its decision within 60 days after the filing of such appeal. (Ord. 94-20 § 10 (part), 1994: Ord. 1686 § 10, 1976; Ord. 1657 (part), 1976). 20.82.070 Right of Review by City Council. The City Council, on its own motion, adopted by four affirmative votes, may elect to review any decision of the Planning Commission granting a Variance. The City Council's right of review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any Variance proceeding in which the City Council exercises its right of review, the City Clerk shall set a date for public hearing and give notice in the manner specified in Section 20.82.040. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission proceedings, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision. (Ord. 94-20 § 10 (part), 1994: Ord. 1706 § l, 1977). (Newport Beach 8·94) 468-56 NONCONFORMING STRUCTURES 20.82.080-20.83.010 20.82.080 Notice to County Assessor and Owner. Within thirty (30) days following the effective date of the Variance Penni!, the Department of Commu- nity Development shall notify the County Assessor and the owner of record, in the event the Variance Pennit was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code. (Ord. 1705 § 6, 1977). 20.82.090 Expiration and Revocation of Variance Approvals. A. EXPI- RATION. Any Variance granted in accordance with the tenns of this Title shall expire within twenty-four (24) months from the date of approval unless a Building Pennit has been issued and construction has commenced prior to the expiration date. The Planning Commission and the City Council may specify a different expiration date at time of approval. B. VIOLATION OF TERMS. Any Variance granted in accordance with the tenns of this Title may be revoked if any of the conditions or tenns of such Variance are violated, or if any law or ordinance is violated in connection therewith. C. HEARING. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the pennittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recom- mendation of the Planning Commission. (Ord. 88-32 § 3, 1988; Ord. 1861 § 4, 1980). Chapter 20.83 NONCONFORMING STRUCTURES AND USES* Sections: 20.83.010 20.83.020 20.83.030 20.83.040 20.83.050 20.83.060 20.83.070 Intent and Purpose. Definitions. Nonconfonning Structures. Nonconfonning Uses. Nonconfonning Parking. Restoration of Damage or Destruction. Seismic Safety. 20.83.010 Intent and Purpose. The purpose of this Chapter is to: A. Regulate the ability of property owners to continue in the use and enjoyment of their property; B. Pennit and promote property maintenance; •Pri..-ordinance history; Ord. 1657 as amended by Ords. 85-13, 1856 and 1876, and Ord. 1745. 468-56a (Newport Beach 8-94) 20.83.020 PLANNING AND ZONING C. Discourage certain actions which might serve to perpetuate or intensify a nonconforming use or structure; and D. Encourage conversions and alterations which will achieve greater conformity with current codes. (Ord. 90-22 § 1 (part), 1990). 20.83.020 Definitions. For the purpose of this Title, the following words and phrases shall be defined as specified in this section. A. NONCONFORMING. Lawful when established or constructed but, due to subsequent changes in this Title, not in conformance with current zoning ordinances. The term nonconforming does not include uses or structures which were not established or constructed in conformance with then current zoning ordinances. B. NONCONFORMING USE. A use of land which was lawful and in conformance with the zoning ordinance when established but, due to subsequent amendments to this Title, is not currently permitted in the district in which it is located or is permitted upon the approval of a use permit and no use permit has been approved in accordance with Chapters 20.72 and 20.80. C. NONCONFORMING STRUCTURE. A structure which was lawful and in conformance with this code when constructed but, due to subsequent amendments to the code, does not conform to the current development standards applicable to the district in which it is located. D. CATEGORY 1 ALTERATION. Minor, nonstructural alteration includ- ing, by way of illustration, replacement of less than twenty-five percent (25%) of the exterior wall covering (by area) or interior remodelling involving less than twenty-five percent (25%) of the gross floor area of the structure, within any twelve month period. E. CATEGORY 2 ALTERATION. Moderate alteration including, by way of illustration, replacement of up to fifty percent (50%) of the exterior wall covering (by area), interior remodelling involving up to fifty percent (50%) of the gross floor area, alteration of less than twenty-five percent (25%) of structural (Newport Beach 8-94) 468-56b NONCONFORMING STRUCTURES AND USES 20.83.020 elements, or replacement ofless than twenty-five percent (25%) of the perimeter walls (by area) of the structure within any twelve month period. F. CATEGORY 3 ALTERATION. Significant alteration including, by way of illustration, replacement of over fifty percent (50%) of the exterior wall covering (by area), interior remodelling involving over fifty percent of the gross floor area, or alteration of up to fifty percent (50%) of the structural elements, or replacement of up to fifty percent (50%) of the perimeter walls (by area) of the structure within any twelve month period. G. CATEGORY 4 ALTERATION. Major alteration including, by way of illustration, alteration of up to seventy-five percent (75%) of the structural members or replacement of up to seventy-five percent (75%) of the perimeter walls (by area) of the structure within any twelve (12) month period. 468-57 (Newport Beach 2·91) NONCONFORMING STRUCTURES AND USES 20.83.030 H. CHANGE IN OPERATIONAL CHARACTERISTICS shall include, without limitation and by way of illustration, any of the following: 1. Any substantial increase in the hours of operation; 2. The introduction of live entertainment or dancing; 3. A loss of on-site or off-site parldng spaces for a period of ninety (90) days or more which would reduce available parldng below the number currently required by provisions of this Title. 4. The introduction of, or an increase in, the number of valet, tandem, or compact parking spaces. (Ord. 90-22 § 1 (part), 1990). 20.83.030 Nonconforming Structures. A. MAINTENANCE AND REPAIRS. Ordinary maintenance and repairs may be made to any nonconforming structure. No structural alterations shall be made except as provided in Subsections B and C below. Maintenance and repairs shall be limited to painting, patching, reroofing, and incidental replacement of nonstructural elements. B. SPECIAL PROVISIONS/TENANT IMPROVEMENTS. Notwithstand- ing other provisions of this chapter, where a commercial or industrial structure has been rendered nonconforming due to height, bulk, gross floor area, setbacks, or partdng, structural or nonstructural interior alterations, involving up to one hundred percent (100%) of the gross floor area may be made without discretionary action. C. ALTERATION OF NONCONFORMING STRUCTURES. Alteration of nonconforming structures, other than those allowed by Subsection B, is permitted only as provided in this subsection. Any alteration not expressly permitted requires the approval of a variance pursuant to Chapter 20.82. l. Structures Nonconforming Due To An Encroachment Into a Setback or Into the Required Distance Between Buildings: a. Category l Alteration of the encroachment shall be permitted. b. Category l and 2 Alteration and an increase of twenty-five percent (25 % ) or less in the gross floor area of the remainder of the nonconforming structure (exclusive of the encroachment) shall be permitted. c. Any other alteration of the structure shall be permitted only upon the approval of a modification to the Zoning Code as provided in Chapter 20.81, unless exempt from this requirement pursuant to Section 20.83.030 E. 2. Structures Which Are Nonconforming Due to Height. a. Alteration of the portion of the structure exceeding the height limit. i) Category I Alteration shall be permitted. ii) Category 2 Alteration shall be permitted only upon the approval of a modification to the Zoning Code. iii) Category 3 Alteration shall be permitted only upon the approval of a use permit subject to the findings contained in Section 20.83.030 B 4. 468-58a (Newport Beach 5-91) 20.83.030 PLANNING AND ZONING b. Alteration of the remainder of the structure, exclusive of the portion exceeding the height limit i) Category 1 and 2 Alteration and an increase of twenty-five percent (25 % ) or less in the gross floor area of the remainder of the structure (exclusive of the nonconfolliling portions) shall be pe11Ditted. ii) Category 3 Alteration and an increase of fifty percent (50%) or less in the gross floor area of the remainder of the structure (exclusive of the noncon- fo11Ding portions) shall be pellilitted upon the approval of a modification. iii) Category 4 Alteration and an increase of seventy-five percent (75%) or less in the gross floor area of the remainder of the structure (exclusive of the nonconfolliling portions) shall be pe11Ditted upon the approval of a use pe11Dit subject to the findings contained in Section 20.83.030 B 4. 3. Structures Which Are Nonconforming With Regard to Open Space, Bulk, Or Gross Floor Area: a. Category 1 Alteration shall be pe11Ditted. b. Category 2 Alteration shall be pe11Ditted upon the approval of a modification. c. Category 3 and 4 Alteration shall be pe11Ditted upon the approval of a use pe11Dit subject to the additional findings specified in Section 20.83.030 B 4. 4. Required Findings. A use pellilit to allow the alteration of a nonconfolliling structure may be approved by the Planning Commission, or City ( - Council on review or appeal, only if the following findings are made in addition \_ to those findings specified in Section 20.80.060. a. The cost of the improvements to be made is minor in comparison to the value of the existing alterations proposed. b. The cost of correcting the nonconfolliling condition would exceed the cost of the other alterations proposed. c. Retention of the nonconfo11Ding condition is necessary to preserve a substantial property right D. REMOVAL OF NONCONFORMING STRUCTURES OR POR- TIONS THEREOF. Except as provided in this Chapter and Chapter 20.06, a nonconfolliling structure, or nonconfo11Ding portion of a structure, shall not be replaced after removal. E. DECREASES IN NONCONFORMITY. When a nonconfolliling struc- ture or site has been altered to confollil, or more nearly confollil, to the provisions of this Title, the nonconforming structure may not thereafter be altered except in accordance with the provisions of the Title. F. B COMBINING DISTRICT. Nonconfolliling side yards for buildings located in R-1-B, R-2-B, R-3-B, R-4-B and MFR-B Districts which are nonconforming only because amendments to this Title have changed side yard requirements subsequent to the original construction of such buildings may be continued in the construction of additions. (Newport Beach S-91) 468-58b NONCONFORMING STRUCTURES AND USES 20.83.030 G. SPECIAL PROVISIONS{l'IME FRAMES. Notwithstanding any other provision of this Section, where a residential structure has been rendered nonconfonning solely because the property upon which the structure is located has been rezoned, alteration of those nonconforming conditions resulting solely from the zoning amendment shall be permitted within two years of the effective date of such amendment provided there is no increase in the nonconforming condition and subject to compliance with all other provisions of this code. (Ord. 91-14 § l, 1991: Ord. 90-22 § 1 (part), 1990). 468-58b.1 (Newport Beach 5-91) NONCONFORMING STRUCTURES AND USES 20.83.040-20.83.050 20.83.040 Nonconforming Uses. A. INCREASE AND INTENSIFICA- TION OF NONCONFORMING USES. A nonconforming use may be increased or intensified by way of a change in operational characteristics, provided that a use permit is first obtained and the use is permitted subject to the approval of a use permit. A nonconforming use may not be increased or intensified unless it is permitted by right or upon the approval of a use permit in the district in which it is located. However, a residential use made nonconforming by virtue of a zoning amendment adopted subsequent to October 24, 1988, and which is located in a district where residential uses are permitted, may be enlarged or in- creased subject to the approval of a use permit and compliance with the provisions of this Title. B. CHANGE OF NONCONFORMING USE. A nonconforming commercial or industrial use may be changed to a conforming use provided that the requirements of Chapter 20.07 (Floor Area Ratios and Building Bulle) are satisfied and the change does not create or increase a deficiency in code required off street parking. A nonconforming residentiaf use may be altered to reduce the number of dwelling units provided there is no increase in gross square footage and the provisions of Chapter 20.69 (Low and Moderate Income Housing Within the Coastal Zone) are satisfied. A noncon- forming use may be changed to a use of a similar nature provided no inten- sification or enlargement of nonconforming uses occurs except as provided in Subsection A above, and provided that the new use is no less compatible with the surrounding area. C. CESSATION OF NONCONFORMING USE. All rights to maintain a nonconforming use are lost if the use is voluntarily abaondoned or changed to a conforming use, and the land shall thereafter be used only in accord- ance with current regulations for the District in which it is located. (Ord. 90-22 § 1 (part), 1990). 20.83.050 Nonconforming Parking. A. RESIDENTIAL USES. Where residential uses are nonconforming only because they do not provide the number of parking spaces required by this Title, the following alterations are permitted. 1. Number of Spaces. a. Residential development having less than two parking spaces per dwelling unit: (i) Category 1 and 2 Alterations, provided no increase in gross floor area is proposed. (ii) Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms. (iii) Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification to the Zoning Code. All other alterations shall be permitted only upon the approval of a variance in accordance with the requirements of Chapter 20.82. 468-58c (Newport Beach 9·90) 20.83.050 PLANNING AND ZONING b. Residential development having at least two parking spaces per dwelling unit may be altered or expanded as provided in subsection a, except that: (i) The approval of a modification to the Zoning Code shall not be re- quired for the addition of a new room provided that there is no net increase in the number of habitable rooms. (ii) Additional rooms may be added upon the approval of a modifica- tion to the Zoning Code. 2. Size of Parking Spaces. a. No discretionary approvals shall be required for the alteration or expansion of buildings which are nonconforming only because amendments to this Title have changed the dimensions of required parking spaces sub- sequent to the original construction of the building, provided that the build- ing and any proposed addition shall conform to current provisions of this Title with regard to the number of required parking spaces. b. Where the dimensions of required parking spaces do not meet provi- sions of Subsection 2a, above, or current standards, alteration of the struc- ture may be permitted only upon the approval of a modification to the Zoning Code. B. NONRESIDENTIAL USES. Where commercial structures and uses are nonconforming onlY. because they do not provide the number of parking · spaces required by this Title, the following shall be controlling: (\ l. Continuation or Change. Nonconforming uses and structures in com- mercial and industrial zoning districts may be continued or changed to a use requiring the same or less on-site parking, consistent with all other provisions of this Title. 2. Remodeling, Repairs or Alterations. A nonconforming structure may be altered without complying with the parking requirements currently set forth in this Title, provided no increase in required parking would result, and the provisions of Section 20.83.030 are satisfied. 3. Enlargement or Intensification. a. More Than Ten Percent (10%) Increase. The nonconforming struc- ture or use may be enlarged by more than ten percent ( l 0%) of its original gross floor area, or onsite uses may be intensified such that code required parking would increase by more than 10%, in any twelve month period, only if all code required parking is provided, unless a waiver or reduction of the parking requirement is authorized by use permit. b. Less Than Ten Percent (I 0%) Increase. A nonconforming structure or use may be enlarged by less than ten percent (10%) of its original gross floor area or intensified to generate less than a ten percent (10%) increase in code required parking, upon the provision of code required parking attributable to the enlargement or intensification. 4. Removal. All nonconforming rights with regard to parking shall be lost for any structure which is demolished. (Ord. 90-22 § 1 (part), 1990). (Newport Beach 9·90) 468-58d NONCONFORMING STRUCTURES AND USES 20.83.060 20.83.060 Restoration of Damage or Destruction. A. NONCONFORM- ING USE. A nonconfonning use occupying land, a building, or portion thereof which is otherwise confonning and damaged or destroyed by fire, explosion, earthquake, or other disaster may be reestablished, provided that restoration work is commenced within twelve (12) months after the damage or destruction occurs and is pursued diligently to completion. B. NONCONFORMING STRUCTURE OR PARKING. 1. Up to 90% Damage or Destruction. a. General Provisions. A nonconfonning structure, which is partially destroyed by fire, explosion, earthquake, or other disaster, may be repaired or restored as a matter of right if the cost of the repair or restoration is less than ninety percent (90%) of the appraised value of the structure in excess of the building foundation at the time of the damage as determined by an independent, licensed appraiser retained by the property owner. In the absence of an appraisal provided by the property owner, the damage or destruction shall be presumed to exceed ninety percent (90%) of the appraised value if, in the opinion of the Building Director, the cost of repair or restoration exceeds ninety (90%) of the assessed value as specified on the latest equalized assessment roll. The rights conferred by this section are contingent upon diligent application for a building pennit after the damage or partial destruction occurs and diligent pursuit of repairs to completion. b. Special Provisions. Notwithstanding the provisions of subparagraph a, where a structure is nonconforming due to an encroachment into a setback or into the required distance between buildings, and the encroachment is more than ninety percent (90%) destroyed, a modification shall be required for replacement or repair of the encroachment. When a structure is nonconfonning due to excessive height, bulk, gross floor area, or lack of open space, and the nonconfonning condition is more than ninety percent (90%) destroyed, the nonconforming condition may be restored only after approval of a use pennit pursuant to Chapter 20.80 with the following additional findings, subject to the limitations in Subsection D below: i. That replacement of the nonconfonning condition is necessary to maintain reasonable use of the structure or individual condominium unit. ii. That replacement of the nonconfonning condition is necessary to preserve a substantial property right. 2. Greater Than 90% Destruction. If a nonconfonning structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than ninety percent (90%) of its appraised value in excess of the building foundation at the time of the damage as appraised by an independent, licensed appraiser retained by the property owner, then the nonconfonnity may be restored only if a use pennit is first approved by the Planning Commission, or City 468-58e (Newport Beach 2-91) 20.83.070 PLANNING AND ZONING Council on review or appeal, provided application for the use pennlt is made within twelve months after the damage or destruction occurs and the following findings are made in addition to those findings required in accordance with Section 20.80.060A subject to the limitations in Subsection D below: a That replacement of the nonconfonning condition is necessary to maintain reasonable use of the property or individual condominium unit. b. That replacement of the nonconfonning condition is necessary to preserve a substantial property rigbt. 3. Removal of Portions of the Structure Not Destroyed or Damaged. If a nonconfonning structure is damaged or destroyed by fire, explosion, earthquake, or other disaster to an extent of more than fifty percent (50%) of its appraised value in excess of the building foundation at the time of the damage as appraised by an independent, licensed appraiser retained by the property owner, than a maximum additional twenty percent (20%) of the structure may be removed and replaced if necessary to pursue restoration of the structure. Any additional portions of the structure may be removed and replaced, only upon the approval of a use pennlt and subject to the following findings in addition to those findings required in accordance with Section 20.80.060A: a. That substantial additional expense would be created by the necessity of worldng around the additional portion of the structure to be removed when repairing the damaged or destroyed portion. b. That replacement of the nonconfonning portion of the structure which (- was voluntarily removed is necessary to preserve a substantial property rigbt; or \_ _ / that the rebuilt portion of the structure will more nearly confonn to the provisions of this Code. C. AGING AND DETERIORATION. The provisions of this Section shall not be construed to pennit replacement of nonconfonning conditions in structures undergoing renovation, remodeling, or reconstruction, structures damaged by ongoing natural processes such as dry rot or tennites or structures which have deteriorated due to age. D. CONDOMINIUM UNITS. When a use pennit 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 pennitted to be equivalent in size and location to the units which were damaged or destroyed. (Ord. 90-33 § l, 1990: Ord. 90-22 § 1 (part), 1990). 20.83.070 Seismic Safety. Notwithstanding any other provisions of this Chapter, alterations to a structure required to comply with the minimum provisions of Chapter 15 .07, "Earthquake Hazard Reduction,'' and California Government Code Section 8875 shall be pennitted. (Ord. 90-33 § 2, 1990). (Newport Beach 2·91) 468-58f AMENDMENTS 20.84.010-20.84.030 Sections: 20.84.010 20.84.020 20.84.030 20.84.040 20.84.050 20.84.060 20.84.070 Chapter 20.84 AMENDMENTS Method of Amendment. Initiation. Public Hearings. Action by Planning Commission. Action by City Council. Right of Review by City Council. Notice to County Assessor and Owner. 20.84.010 Method of Amendment. This Title may be amended by changing the boundaries of districts or by changing any other provisions thereof whenev- er the public necessity and convenience and the general welfare require such amendment by following the procedure of this Chapter. (Ord.88-28 § 1 (part), 1988: Ord. 1657 (part), 1976). 20.84.020 Initiation. An amendment may be initiated by: (a) The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanied by a fee as established by Resolution of the City Council, no part of which shall be returnable to the petitioner. (b) Resolution of intention of the City Council. (c) Resolution of intention of the Planning Commission. (Ord. 88-28 § 1 (part), 1988: Ord. 1686 § 11, 1976: Ord. 1657 (part), 1976). 20.84.030 Public Hearings. A. REQUIRED NOTICE. The Planning Commission shall hold at least one public hearing on any proposed amendment, and shall give notice thereof by at least one publication in a newspaper of general circulation within the City at least ten (10) days prior to the first of such hearings. B. REQUIRED NOTICE TO PROPERTY OWNERS. In case the pro- posed amendment consists of a change so as to reclassify any property from any district to any other district, the Planning Commission shall cause addi- tional notice of such hearing to be mailed not less than ten ( 10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property affected by the proposed amendment, and to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 468-59 (Newport Beach 8~94) 20.84.040-20.84.050 PLANNING AND ZONING If the number of owners to whom notice would be mailed pursuant to this Section is greater than 100 (one hundred), the Planning Director, at his discre- tion, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in two newspapers of general circulation within the City at least ten days prior to the hearing. In all cases, notice shall be given by mail to the owner of property that is the subject of the proposed amendment. In addition to the mailed notice, notice of such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. C. CONTENT OF NOTICE. The notice required by this Section shall include, at a minimum, the date, time, and place of the public hearing, and a brief description of the amendment. D. NOTICE TO AFFECTED HOMEOWNERS ASSOCIATION. In addition, when applicable, the Homeowners Association having jurisdiction over the affected property shall also be notified as provided herein. (Ord. 88-28 § 1 (part), 1988: Ord. 1705 § 7, 1977: Ord. 1695 § 4, 1976: Ord. 1657 (part), 1976). 20.84.040 Action by Planning Commission. Following the hearing provid- ed for by Section 20.84.030, the Planning Commission shall approve or disapprove the proposed amendment. If approved, the Planning Commission (. shall make and file a report of its findings and recommendations with the City '~ . Council. The Planning Commission shall make its decision and file its report no later than ninety (90) days after the first published notice of the Planning Commission hearing, unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission to take action on the proposed amendment or failure to report within the time limit shall be deemed to be approval of the proposed amendment by the Planning Commission. If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within fourteen (14) days after such disapproval. (Ord. 94-20 § 11 (part), 1994: Ord. 88-28 § 1 (part), 1988: Ord. 1657 (part), 1976). 20.84.050 Action by City Council. Upon receipt of such report from the Planning Commission, or upon the expiration of the time limit prescribed in Section 20.84.040, or upon the filing of any appeal, the City Council shall set the matter for one public hearing giving notice thereof as prescribed in Section 20.84.030. Notice shall also be given to the Planning Commission of such appeal, and the Planning Commission shall submit a report of its findings and recom- mendations to the City Council setting forth the reasons for the decision of the Commission, or the Commission shall be represented at the hearing. After the conclusion of such hearing, the City Council may adopt or reject the proposed (Newport Beach 8~94) 468-60 AMENDMENTS 20.84.060-20.84.070 amendment, or any part thereof, in such form as the Council may deem to be advisable, or the Council may refer the matter back to the Planning Commission for further study and recommendation. Said notice of appeal shall be accompa- nied by a fee as established by Resolution of the City Council. The decision of the City Council shall be rendered within sixty days after the receipt of a report and recommendation of approval from the Planning Commission or after the expiration of the time limit prescribed in Section 20.84.040, or within sixty days after the filing of any appeal. (Ord. 88-28 § 1 (part), 1988: Ord. 1686 § 12, 1976: Ord. 1657 (part), 1976). 20.84.060 Right of Review by City Council. Any proposed amendment to this Title, initiated by the City of Newport Beach, which is disapproved by the Planning Commission, may be reviewed by the City Council on its own motion, adopted by four affirmative votes. The City Council's right to review may be exercised at any time prior to the expiration of fourteen (14) days from the date on which the Planning Commission renders its decision. In any amendment proceeding in which the City Council exercises its right of review, the City Clerk shall set the matter for public hearing, giving notice thereof as prescribed in Section 20.84.030. The City Clerk shall also give written notice to the Planning Commission and to the Planning Department. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission's proceedings, together with all maps, letters, exhibits and other documentary evidence considered by the Planning Commission in reaching its decision. (Ord. 94-20 § II (part), 1994: Ord. 88-28 § 1 (part), 1988: Ord. 1657 (part). 1976). 20.84.070 Notice to County Assessor and Owner. Within thirty (30) days following the effective date of any Amendment which results in a change from one district to any other district, the Planning Department shall notify the County Assessor and the owner of record, in the event the Amendment was initiated by someone other than the owner of record, of the action taken by the City, as prescribed by the Government Code. (Ord. 88-28 § I (part), 1988: Ord. 1705 § 8, 1977). 468-60a (Newport Beach 8w94) 20.85.010 Sections: PLANNING AND ZONING Chapter 20.85 APPEALS2 20.85.010 Appeal Procedure. 20.85.010 Appeal Procedure. A. AUTHORITY OF COMMISSION. The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this Title. B. APPEAL TO CITY COUNCIL. In case an applicant is not satisfied with the action of the Planning Commission on his appeal he may within fourteen (14) days appeal in writing to the City Council. C. NOTICE TO COMMISSION. Notice shall be given to the Planning Commission of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reason for action taken by the Commission or shall be represented at the Council meeting at the time the matter is heard. D. RENDERING OF DECISION. The City Council shall render its decision within thirty (30) days after the filing of such appeal. (Ord. 94-20 § 12, 1994: Ord. 1657 (part), 1976). 2. Use pennit appeal -See Chapter 27.80. Variance appeal -See Oiapter 20.82. Appeal oo amendments -See Oiapter 20.84. (Newport Beach 8·94) 468-60b Sections: 20.86.010 20.86.020 20.86.030 20.86.040 ENFORCEMENT Chapter 20.86 ENFORCEMENT Responsibility for Enforcement. Penalty for Violations. Declaration of Nuisance-Abatement. Effect of Remedies. 20.86.010-20.86.030 20.86.010 Responsibility for Enforcement. All departments, official and public employees of the City of Newport Beach, vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title shall be null and void. It shall be the duty of the Building Inspector to enforce the provisions of this Title pertaining to the creation, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. (Ord. 1657 (part), 1976). 20.86.020 Penalty for Violations. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Three Hundred Dollars ($300) or by imprisonment in the County Jail or the City Jail for a term not exceeding one hundred fifty 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 of this Title is committed or continued by such person, firm or corporation and shall be punishable as herein provided. (Ord. 1657 (part), 1976). 20.86.030 Declaration of Nuisance -Abatement. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this Title, shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Title. (Ord. 1657 (part), 1976). 468-61 (Newport Beach 2-95) 20.86.040 PLANNING AND ZONING 20.86.040 Effect of Remedies. The remedies provided for herein are cumulative and not restrictive. (Ord. 1657 (part), 1976). Sections: 20.87.010 20.87.020 20.87.030 20.87.032 20.87.033 20.87.035 20.87.040 20.87.050 20.87.060 20.87.070 20.87.080 20.87.085 20.87.090 20.87.100 20.87.110 20.87.120 20.87.130 20.87.135 20.87.136 20.87.140 20.87.150 20.87.160 20.87.170 20.87.180 20.87.182 20.87.184 20.87.190 20.87.205 20.87.207 20.87.208 20.87.210 20.87.220 20.87.225 20.87.230 20.87.235 20.87.240 (Newport Beach 2"95) Chapter 20.87 DEFINITIONS Effect of Chapter. Alley. Automobile Court (Motels). Automobile Service Station. Bar. Basement. Boardinghouse. Buildable Area. Building. Building, Accessory. Building, Main. Building, Relocatable. Building Site. Business, Retail. Business, Wholesale. Combining District. District. Drive-in and Take-out Restaurant. Drive-in Facilities. Dwelling Unit. Dwelling, Single-Family. Dwelling, Two-Family or Duplex. Dwelling, Multiple. Family. Floor Area, Gross. Floor, Area, Net. Fortune Telling Business. Height of Building. Helicopter. Heliport or Helistop. Hotel. Junkyard. Major Automobile Repairs. Nonconforming Use. Outdoor Restaurant. Parking Area. 468-62 ( ~ -/ 20.87.250 20.87.260 20.87.263 20.87.264 20.87.265 20.87.270 20.87.280 20.87.283 20.87.285 20.87.290 20.87.300 20.87.310 20.87.320 20.87.325 20.87.330 20.87.340 20.87.350 20.87.355 20.87.360 20.87.370 20.87.380 20.87.390 DEFINITIONS Parking Lot. Parking Space. Readily Transportable. Recreational Establishment. Restaurant. Reversed Frontage. Rooming or Boarding House. Solar Equipment. Story. Street. Street Line. Structure. Structural Alterations. Theater/Nightclub. Trailer Court. Use. Use-Accessory. U Se-Ancillary. Yard. Yard-Front. Yard-Rear. Yard-Side. 20.87.010-20.87.033 20.87.010 Effect of Chapter. For the purpose of this Title, certain terms used herein shall have the meaning assigned to them by this chapter. (Ord. 1657 (part), 1976). 20.87.020 Alley. The term "alley" shall mean any public thoroughfare which affords only a secondary means of access to abutting property. (Ord. 1657 (part), 1976). 20.87.030 Automobile Court (Motels). The term "automobile court (motels)" shall mean a group of two or more detached or semidetached build- ings containing guest rooms or apartments, with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers. (Ord. 1657 (part), 1976). 20.87.032 Automobile Service Station. The term "Automobile Service Station" shall mean a retail place of business engaged in the servicing of motor vehicles, including those activities and operations as specified in Section 20.70.050, but excluding major automobile repairs. (Ord. 1657 (part), 1976). 20.87 .033 Bar. The term "bar" shall mean a place of business with the principal purpose to sell or serve alcoholic beverages for consumption on the 468-63 (Newport Beach 2~95) 20.87.035-20.87.090 PLANNING AND ZONING premises and may include live entertainment and/or dancing as accessory uses / ' to the primary sale and service of alcoholic beverages, provided further that such live entertainment and/or dancing shall occupy less than twenty percent (20%) of the "net public area." (Ord. 94-55 § 2, 1994). 20.87.035 Basement. The term "basement" shall mean that portion of a building between floor and ceiling, which is partly below and partly above grade as defined in this Chapter, but so located that the vertical distance from the floor below is less than the vertical distance from grade to ceiling. (Ord. 1657 (part), 1976). 20.87.040 Boardinghouse. The term "boardinghouse" shall mean a dwell- ing other than a hotel where lodging or lodging and meals for three or more persons is provided for compensation. (Ord. 1657 (part), 1976). 20.87.050 Buildable Area. The term "buildable area" shall mean the area of a building site, excluding any basic minimum side, front and rear yard spaces, required for buildings three stories or less in height. (Ord. 1657 (part), 1976). 20.87.060 Building. The term "building" shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing ,\ of any person, animal or chattel. (Ord. 1657 (part), 1976). 20.87.070 Building, Accessory. The term "accessory building" shall mean a subordinate building, the use of which is incidental to that of the main building on the same lot and/or building site. (Ord. 1657 (part), 1976). 20.87 .080 Building, Main. The term "main building" shall mean a building in which is conducted the principal use of the lot and/or building site on which it is situated. (Ord. 1657 (part), 1976). 20.87.085 Building, Relocatable. The term "relocatable building" shall mean 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. (Ord. 1774 § 1, 1978). 20.87.090 Building Site. The term "building site" shall mean a subdivided lot, parcel of land or contiguous combinations thereof which is occupied or intended to be occupied by a main building or buildings and their accessory buildings, together with such yards and open space as are required by the terms of this Title and the Uniform Building Code, and which fronts directly upon or has permanent access to a street as defined under Section 20.87 .090 of this Title and required by the Uniform Building Code. (Newport Beach 2-95) 468-64 DEFINITIONS 20.87.100-20.87.110 A. COMBINING OF LOTS AND PARCELS REQUIRED. Where said building site contains a lot, a parcel or combination of lots and/or parcels which, because of their individual size, configuration or location, are insuffi- cient to meet the requirements of this Title as a separate building site; or where a building crosses or is planned to cross an existing property line, no new construction or alteration to a single-family dwelling or duplex in excess of $20,000.00 shall be permitted until such time as the owner or owners of said lots or parcels has caused to be executed and recorded a covenant and agree- ment to hold said lots or parcels as a single building site. Said covenant and agreement shall have been approved by the City Attorney as to form and the Planning Director as to content. In the case of all other forms of development, no new construction or alterations to existing structures in excess of $20,000.00 shall be permitted until such time as said lots or parcels shall have been resubdivided into a single building site. The dollar amounts noted in this section shall be increased automatically, based upon any interim increase in the Consumer Price Index (the Los Angeles -Long Beach and Anaheim Index) and this automatic increase shall be calculated and become effective July 1,1993 and thereafter, on July 1 of each Fiscal Year for which the Consumer Price Index change applies. B. W AIYER OF COMBINING REQUIREMENT. Where new buildings are planned to be built or where existing buildings have been found to be constructed over existing lot lines and where said building site is found or intended to be under multiple ownerships or a combination of ownerships in fee, leasehold, or other estate in real property, the requirement for a covenant and agreement or a resubdivision as required in Subsection A may be waived by the Planning Commission upon findings that the estate in the real property is of sufficient length to guarantee that the lots or parcels which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site, and that all other requirements of the Newport Beach Municipal Code and policies of the City which otherwise would be accomplished by the combining of said lots and/or parcels can be met. The Planning Commission or City Council, on appeal, may impose such conditions as deemed necessary to secure the purpose of this Title. (Ord. 92-26 § 1, 1992: Ord. 86-8 § 1, 1986: Ord. 1723 § 1, 1977: Ord. 1657 (part), 1976). 20.87.100 Business, Retail. The term "retail business" shall mean the retail sale of any article, substance, or commodity for profit or livelihood, conducted within a building but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind. (Ord. 1657 (part), 1976). 20.87.110 Business, Wholesale. The term "wholesale business" shall mean the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other 468-64a (Newport Beach 2-95) DEFINITIONS 20.87 .120-20.87.140 building materials, or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. (Ord. 1657 (part), 1976). 20.87.120 Combining District. The term "combining district" shall mean any district in which the general district regulations are combined with those of a "B" or "H" District for the purpose of adding additional special regulations, i.e. R-1 combined with "B" (R-1-B) increases the area and yard requirements. C-1 combined with "H" (C-1-H) adds the additional requirement of off-street parking. (Ord. 1657 (part), 1976). 20.87.130 District. The term "district" shall mean a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this Title. (Ord. 1657 (part), 1976). 20.87.135 Drive-in and Take-out Restaurant. The terms "drive-in," "walk-up" and "take-out" restaurants shall mean a place of business which sells food products or beverages and which: 1. Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter or similar method or device, or 2. Delivers such food products or beverages to customers within a building which is designed in such a manner that a majority of the customers will remove such food products or beverages from the building for consumption either on the premises or in the immediate vicinity. (Ord. 1657 (part), 1976). 20.87.136 Drive-in Facilities. The term "drive-in facility" shall mean any place of business, excluding gasoline service stations and drive-in restaurants, which transacts any part or all of its business directly with customers within a vehicle. (Ord. 1657 (part), 1976). 20.87.140 Dwelling Unit. The term "dwelling unit" shall mean any area within a structure on any parcel which: (a) Contains separate or independent living facilities for one or more 468-65 (Newport Beach 2-89) 20.87 .150-20.87.182 PLANNING AND ZONING persons, with area or equipment for sleeping, sanitation and food prepara- tion, 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 struc- ture. Dwelling units constructed after August 24, 1972, must contain a mini- mum of six hundred ( 600) square feet of floor area within the surrounding walls of a building. (Ord. 88-43 § 1; 1988: Ord. 88-26 § 1, 1988: Ord. 1830 §I, 1979: Ord.1804§ 1, 1979: Ord.1657(part), 1976). 20.87.150 Dwelling, Single-Family. The term "single-family dwelling" shall mean a detached building containing one dwelling unit. (Ord. I 657 (part), 1976). 20.87.160 Dwelling, Two-Family or Duplex. The term "two-family dwelling" or "duplex dwelling" shall mean a building containing two dwell- ing units. (Ord. 1657 (part), 1976). 20.87.170 Dwelling, Multiple. The term "multiple dwelling" shall mean a building or group of associated buildings each of which contains three or more dwelling units. The term shall include apartments, apartment hotels, attached dwellings, etc. (Ord. 1657 (part), 1976). 20.87.J 80 Family. The term "family" shall mean: ( 1) Any group of persons living as a single housekeeping unit within a dwelling unit as defined in Section 20.87.140 of the Newport Beach Municipal Code. (2) The term "family" shall not apply to residential care facilities for six or fewer developmentally disable, mentally disordered, or otherwise ha.ndicapped persons. (Ord. 84-8 § 1, 1984: Ord. 1804 § 2, 1979: Ord. 1657 (part), 1976). 20.87.182 Floor Area, Gross. "Gross Floor Area" is the area included within the surrounding exterior walls of a building or portion thereof, ex- clusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (Ord. I 657 (part), 1976). (Newport Beach 2-89) 468-66 DEFINITIONS 20.87.184-20.87.190 20.87.184 Floor Area, Net. "Net Floor Area" is the area included within the surrounding walls of a building, exclusive of vent shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical equipment used for service of the building, utility shafts and parking. (Ord. 1657 (part), 1976). 20.87.190 Fortune Telling Business. The term "fortune telling business" shall mean any place of business where any person conducts, en- gages in, practices, or professes to practice, the art of palmistry, astrology, life reading, clairvoyance, crystal gazing, mediumship, spirit photography, spirit voices, spirit writing, spirit materialization, etherialization, prophecy, divination, or any other similar art, craft or procedure for the purpose of telling fortunes, predicting future events, finding or restoring lost property, locating natural resources and products, restoring lost love, friendship or affection, or finding or uniting lovers, husbands, wives, lost relatives or friends and for which the person receives, either directly or indirectly, any form of consideration for engaging in such activity. (Ord. 84-26 § 3, 1984). 468-66a (Newport Beach 3-85) DEFINITIONS 20087 .205-20087 .230 20087 .205 Height of Buildingo The height of a struc1ure shall be the vertical distance between grade at any point and the highest point of the struc1ure directly above, provided that a roof shall be measured to the average height of the roof, but that no part of the roof shall extend more than five (5) feet above the permitted height in the height limitation zone. (Ord. 1657 (part), 1976). 20087 .207 Helicoptero The term "helicopter" shall mean any rotocraft which depends principally for its support and motion in the air upon lift generated by one or more rotors that rotate on substantially vertical axes. (Ord. 1657 (part), 1976). 20087 0208 Heliport or Helistopo The term "heliport" or "helistop" shall mean any area designed, used or intended to be used for the landing or taking off of helicopters, including all appurtenant areas, buildings and facilities. (Ord. 1657 (part), 1976). 20087 .210 Hotel. The term "hotel" shall mean any building or portion thereof containing six or more guest rooms, used, designed or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation, whether the compensation for hire to be paid directly or indirectly. (Ord. 1657 (part), 1976). 20087 .220 Junkyardo The term "junkyard" shall mean the use of more than one hundred square feet of the area of any lot or the use of any portion of that half of any lot, which half adjoins any street, for the storage of junk, including scrap metals or other scrap materials or for the dismantling or "wrecking" of automobiles or other vehicles, or machinery whether for sale or storage. (Ord. 1657 (part), 1976). 20.87.225 Major Automobile Repairso The term "Major Automobile Repairs" shall mean any extensive work involving the disassembly and/or over- haul of the engine, clutch, transmission or differential. Also, body, frame and fender repair, painting, welding, upholstery worlc, tire recapping, glass replace- ment or similar activities shall be considered as major repair worlc. (Ord. 1657 (part), 1976). 20.870230 Nonconforming Use. The term "nonconforming use" shall mean a use that does not conform to the regulations for the district in which it is siruated. (Ord. 1657 (part), 1976). 468-67 (Newport Beach 5-91) 20.87.235-20.87.260 PLANNING AND ZONING 20.87.235 Outdoor Restaurant. The te1m "outdoor restaurant" shall mean a place of business which sells or setves food products or beverages for consumption on the premises where such place of business is located, and which provides for, or pe1mits consumption of, such food products or beverages out-of- doors other than on an incidental basis. (Ord. 1657 (part), 1976). 20.87.240 Parking Area. The te!Ill "parldng area" shall mean an off-street parldng area containing fewer than five spaces. (Ord. 1657 (part), 1976). 20.87 .250 Parking Lot. The te1m "parldng lot" shall mean an off-street parldng facility containing five or more parldng spaces. (Ord. 1657 (part), 1976). 20.87.260 Parking Space. For residential uses the te!Ill "parking space" shall mean an accessible and usable space of not less than 19 feet, clear length, inside measurements (except for the third required space noted below), and four feet, clear height, inside measurements, in the front four feet of said space, for the parldng of automobiles off the street, such space to be located on the lot so as to meet the requirements of this Title. The following width for parldng spaces shall also apply (except for the third required space noted below): 1. There shall be a clear width of not less than nine feet, four inches, inside measurements, for a single parldng space; and 2. There shall be an additional clear width of not less than eight feet, ten inches, for each parking space after the first space when several spaces are parallel to each other and not separated by any walls, partitions, posts or columns; provided, that if there are only two such spaces, their total clear width may be a minimum of seventeen feet, six inches, inside measurements. The third required parldng space for any structure may be reduced in area to a clear width of not less than eight feet, inside measurements, and to a clear depth of not less than sixteen feet, inside measurements. Any such roofed parldng space to be so located on the front one-half of a lot shall have side walls and an operating garage door for access of automobiles. (Newport Beach 5-91) 468-68 DEFINITIONS 20.87.263-20.87.280 The location and size of parking spaces for other uses shall be as estab- lished by resolution of the City Council. The term "accessible" as used in this definition shall mean capable of being reached directly from an adjoining vehicular right-of-way or over an improved hard-surfaced driveway. Where access to a required parking space is taken over a driveway, said driveway shall be maintained free and clear at all times except for the parking of currently registered, licensed motor vehicles, and for temporary obstructions which are incidental to the use of the property. Said temporary obstructions in the driveway shall be permitted only for a period of seventy-two (72) hours. (Ord. 1889 § 1, 1981: Ord. 1876 § 7, 1981: Ord. 1856 § 18, 1980: Ord. 1657 (part), 1976). 20.87.263 Readily Transportable. The term "readily transportable" shall mean easily movable from one location to another without the use of profes- sional and housemoving equipment, i.e., in order to move the building to the site all that is necessary is to add temporary "trailer-type" wheels directly to the frame of the building or to carry it on a typical motor vehicle. (Ord. 1774 § 2, 1978). 20.87.264 Recreational Establishment. The term "recreational estab- lishment" shall mean any building, structure, or portion thereof, or any business or enterprise, the primary use or purpose of which is amusement or recreational activities, and shall include but not be limited to an arcade with amusement devices as defined in Chapter 5.34, miniature golf courses, gyms, health clubs, car racing facilities, tennis clubs, golf courses, and other businesses or enterpris- es that are of a similar nature. (Ord. 83-6 § 2, 1983). 20.87.265 Restaurant. The term "restaurant" shall mean a place of business with the principal purpose to sell or serve food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than twenty-five percent (25%) may be permitted out-of-doors on a patio, deck or terrace that is integrated into the building design and where the area devoted to live entertainment and/or dancing does not exceed twenty percent (20%) of the "net public area." (Ord. 94-52 § 2, 1994: Ord. 1657 (part), 1976). 20.87.270 Reversed Frontage. The term "reversed frontage" shall mean a key lot or the first lot to the rear of a comer lot, the front line of which is a continuation of the side line of the corner lot and fronting on the street which intersects the street upon which the comer lot fronts and/or which faces the street upon which the side of a comer lot abuts. (Ord. 1657 (part), 1976). 20.87.280 Rooming or Boarding House. The term "rooming or boarding house" shall mean a dwelling other than a hotel where lodging and/or meals 468-69 (Newport Beach 2-95) 20.87.283-20.87.330 PLANNING AND ZONING for three or more persons are provided for compensation. (Ord. 1657 (part), 1976). 20.87 .283 Solar Equipment. The term "solar equipment" shall mean any solar collector, skylight, or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, water heating, or for power generation. (Ord. 83-18 § 2, 1983). 20.87.285 Story. The term "story" shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that at portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story. (Ord. 1657 (part), 1976). 20.87.290 Street. The term "street" shall mean a public or private thorough- fare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other (-- thoroughfare except an alley as defined herein. (Ord. 1657 (part), 1976). \__ 20.87 .300 Street Line. The term "street line" shall mean the boundary between a street and property. (Ord. 1657 (part), 1976). 20.87.310 Structure. The term "structure" shall mean anything constructed or erected, the use of which required location on the ground or attachment to something having location on the ground. (Ord. 1657 (part), 1976). 20.87.320 Structural Alterations. The term "structural alterations" shall mean any change or replacement in the supporting members of a building, such as bearing walls, columns, beams or girders. (Ord. 1876 § 6, 1981: Ord. 1657 (part, 1976). 20.87 .325 Theater/Nightclub. The term "theater/nightclub" shall mean a place of business with the principle purpose to conduct live entertainment and/or dancing and may include the sale and service of food and/or beverages as an accessory use to the primary use of live entertainment and/or dancing. (Ord. 94-55 § 3, 1994). 20.87 .330 Trailer Court. The term "trailer court" shall mean land or premises used or intended to be used, let or rented for occupancy by or of (Newport Beach 2-95) 468-70 DEFINITIONS 20.87.350-20.87.390 trailers or movable dwellings, rooms or sleeping quarters of any kind. (Ord. 6 § 7 (part), 1976). 20.87.350 Use. The term "use" shall mean the purpose for which land or premises of a building thereon is designed, arranged, or intended or for which it is or may be occupied or maintained. (Ord. 1657 (part), 1976). 20.87.350 Use -Accessory. The term "use-accessory" shall mean a use incidental and accessory to the principal use of a lot or a building located on the same lot. (Ord. 1657 (part), 1976). 20.87.355 Use -Ancillary. The term "use-ancillary" shall mean a use that (a) is clearly incidental to and customarily found in connection with the principle use; (b) is subordinate to and serves the principle use; ( c) is subordi- nate in area, extent, or purpose to the principle use served; ( d) contributes to the comfort convenience, or necessity of the operation, employees, or customers of the principle use served. An ancillary use may be located on a property separate from the principle use. (Ord. 92-47 §4, 1992). 20.87 .350 Yard. The term "yard" shall mean an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted. (Ord. 1657 (part), 1976). 20.87.370 Yard-Front. The term "front yard" shall mean a yard extend- ing across the front of the lot between the inner side yard lines and measured from the front property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the front of the lot faces, then snch yard shall be measured from such official plan line. (Ord. 1657 (part), 1976). 20.87.380 Yard-Rear. The term "rear yard" shall mean a yard extending across the full width of the lot and measured from the rear property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the rear of the lot faces, then such yard shall be measured from such official plan line. (Ord. 1657 (part), 1976). 20.87 .390 Yard -Side. The term "side yard" shall mean a yard extending from the front property line of the lot to the rear yard and measured from the side property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the side of the lot faces, then such yard shall be measured from such official plan line. (Ord. 1657 (part), 1976). 468-71 (Newport Beach 2-95)